[Senate Hearing 117-]
[From the U.S. Government Publishing Office]


 
  TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES 
                  APPROPRIATIONS FOR FISCAL YEAR 2023

                              ----------                              


                        THURSDAY, APRIL 28, 2022

                                       U.S. Senate,
           Subcommittee of the Committee on Appropriations,
                                                    Washington, DC.
    The subcommittee met at 10:30 a.m. in Room SR-192, Dirksen 
Senate Office Building, Hon. Brian Schatz (chairman) presiding.
    Present: Senators Schatz, Murray, Coons, Manchin, Van 
Hollen, Collins, Capito, Hoeven, and Braun.

                      DEPARTMENT OF TRANSPORTATION

STATEMENT OF HON. PETE BUTTIGIEG, SECRETARY

               OPENING STATEMENT OF SENATOR BRIAN SCHATZ

    Senator Schatz. Good morning. This hearing will come to 
order. Good morning and good welcome.
    Secretary Buttigieg, we are honored to have you once again 
before the subcommittee to testify on the President's budget 
request for the Department of Transportation for fiscal year 
2023. We look forward to discussing how this budget request 
builds on the historic investments made by Congress in the 
Infrastructure Investment and Jobs Act.
    First I want to note how far we have come in 1 year. At 
last year's budget hearing we had no Surface Reauthorization, 
the Highway Trust Fund was near insolvency, and transportation 
sectors were reeling from COVID impacts.
    But today, thanks to you, President Biden, and members like 
Vice Chair Collins, we have a bipartisan five-year Surface 
Reauthorization Bill, and a strong economy in recovery.
    The President's $142 billion budget request for the 
Department of Transportation is a modest 1.5 percent higher 
than the recently enacted Omnibus. I am glad to see a sustained 
focus on addressing climate change. The request supports the 
Promoting Resilient Operations for Transformative, Efficient, 
and Cost-Saving Transportation (PROTECT) Program for resiliency 
projects, and the Carbon Reduction Program to reduce emissions.
    It continues to build on the Nation's electric vehicle 
infrastructure, and it advances research into alternative 
aviation fuels, and stronger fuel economy standards which will 
reduce carbon emissions by 2.5 billion metric tons. But that of 
course is not enough.
    To ensure that the DOT is not just the department of cars, 
this budget supports robust public transit investments which 
will reduce carbon emissions and save commuters time and money 
regardless of how they get around. The budget also provides 
significant increases for both the Federal Motor Carrier Safety 
Administration and the National Highway Traffic Safety 
Administration, which are timely given the alarming increases 
in traffic fatalities.
    For the same reason, Mr. Secretary, I encourage you to 
accelerate the funding announcements for the Safe Streets and 
Roads for All Grant program to help communities reach the goal 
of zero deaths on the nation's roadways. Through the bipartisan 
work of this committee and the IIJA we have an opportunity to 
change the future of transportation, but in order to be 
successful we will need to give marginalized and underserved 
communities a strong voice in decisionmaking.
    We also need to be more efficient in building the 
transportation systems that we need. It is far more expensive 
to build in the United States despite our land and labor costs 
not being uniquely expensive. The Eno Center for 
Transportation, for example, reports that San Francisco's 
Central Subway costs $920 million per mile to build, compared 
to roughly $323 million per mile for a project in Copenhagen.
    It should not be three times more expensive to build a 
transit system in San Francisco than it is in Copenhagen. It is 
not clear to me that we understand all of the causes behind 
these cost differences. In some cases NIMBYism organized by 
vocal minorities of people cause delays and increase costs. 
Further, at a Federal level, it seems to me that there is a 
political bias that favors highway over transit investments. 
Statutory requirements for transit are more prescriptive and 
tend to carry a lower Federal share for capital construction.
    I question if the legal structure we have in place is fair 
and balance between these two modes of transportation. We need 
to admit that this is a real problem, figure out why it is 
happening and do better. While the Federal Government has 
limited tools to do so, we need to use them where we can to 
help lower cost, and financing cost, and streamline the review 
process.
    And finally, all sectors are clearly concerned about the 
availability of an infrastructure workforce. This includes 
engineers, and maintenance, and construction crews, as well as 
staff at DOT that are empowered to solve problems and finish 
projects. It is essential that we have a strong capable 
workforce to realize the opportunities in front of us.
    As chair, I intend to push harder to address climate 
change, improve transportation safety, and widen our view of 
Transportation for All. And I look forward to working with the 
Department on these priorities.
    Look forward to hearing from you, Mr. Secretary.
    And now I will turn it to our great Vice Chair, Senator 
Collins.

                 STATEMENT OF SENATOR SUSAN M. COLLINS

    Senator Collins. Thank you very much, Mr. Chairman.
    Good morning, Mr. Secretary. I am pleased to join the 
Chairman in welcoming Secretary Buttigieg to this subcommittee 
hearing, to discuss the Department of Transportation's fiscal 
year 2023 Budget Request.
    It was just last month that the fiscal year 2022 THUD 
Appropriations Bill was signed into law. And I want to thank 
Chairman Schatz for working so closely with me, and with other 
members of the committee, in such a collaborative and 
bipartisan way.
    The fiscal year 2022 Omnibus provided $103 billion for the 
Department of Transportation; it supports our Nation's 
infrastructure by implementing the increased contract authority 
for the Infrastructure Investment and Jobs Act, which I helped 
to negotiate, and through robust funding for important 
programs.
    As we begin our work on fiscal year 2023, it is important 
to note that there is not yet a budget agreement in place, 
overall funding levels remain to be determined along with the 
split between defense and non-defense spending, and there is 
not yet a resolution on policy riders.
    The administration's request for DOT is $105 billion of 
this amount, it includes $26.8 billion in discretionary 
resources, a slight decrease of $105 million below last year's 
level. The administration's budget request is in addition, as 
it should be, to the $37 billion provided by the Infrastructure 
Bill. And that brings the total budget request to $142 billion.
    As a member of the core Bipartisan Group of ten senators 
who negotiated the Bipartisan Infrastructure Bill, I was 
delighted that we were able to break through the partisan 
gridlock and pass a truly transformational package.
    I have long advocated for robust infrastructure investment, 
and I am pleased that states will now be able to use these 
historic funding levels for long overdue repairs and 
improvements. And again, I would stress that the Infrastructure 
Bill was intended to supplement the funding provided annually 
through the appropriation process.
    Let me also be clear, that the Infrastructure Bill did not 
include any provisions restricting states from using highway 
formula funding for certain types of projects, such as 
expansions. I think it is unfortunate that the administration 
has not followed congressional intent, and has issued a 
memorandum that has created a lot of confusion among state 
DOTs, and because it appears to seek to discourage states from 
funding projects that add highway capacity.
    I believe so strongly in providing flexibility to our state 
Departments of Transportation. And I want to show you a truly 
extraordinary engineering feat that just occurred in the State 
of Maine.
    Last weekend, and I stress the word ``weekend'', in 
Portland, Maine, a 60-year-old, four-lane, highway bridge was 
replaced over the weekend. Work began on Friday night at 7:00 
p.m., and I would have you--that it is shown on the chart to my 
right what it looked like on Friday and Saturday.
    And it began at 7:00 p.m. to remove the bridge which runs 
over Veranda Street in Portland. On Saturday crews completed 
the demolition, and moved two new built bridge sections, which 
been built alongside the existing highway, into place with a 
self-propelled, modular transporter. The bridge, as you will 
see on my left, opened ahead of schedule shortly before 7:00 
a.m. on Monday.
    This has never been done before. According to the Maine 
Department of Transportation, a more conventional bridge 
construction approach would have created traffic congestion and 
detours for 4 years, disrupting the approximately 53,000 
motorists that use this portion of I-295 daily. Instead, it was 
done in a weekend.
    So I am very proud of the Maine Department of 
Transportation and its partners, Cianbro Corporation, and Shaw 
Brothers for pulling off what is truly an engineering feat. And 
if you look closely at the Monday 5:53 a.m. picture of the new 
bridge, you will see it is not only in place, it is paved, it 
is painted, it is completely finished, and yet on Friday night 
it was just a big gap from the demolition.
    So the reason I take the time to go into that is, to me, 
that is why we need flexibility to allow that ingenuity, those 
engineering feats to take place.
    Turning to other issues; I am pleased that the RAISE Grant 
is in the bill, and is well funded. I have been a champion of 
that program since 2009, as well as Infrastructure for 
Rebuilding America (INFRA) Grants which are focused on freight 
corridors.
    Traditionally, there is a defined amount of funding for 
Rebuilding American Infrastructure with Sustainability and 
Equity (RAISE) Grants in the THUD Bill. This budget, however, 
requests combined funding for RAISE funding for new mega 
project grant programs, also known as Mega, I do think that is 
rather ironic that that is the name of the program.
    Here is my concern about this approach, and I will be 
asking a question about this later. I am worried about the 
impact on rural communities, because under the Mega Program 
half of the grants awarded must go to projects between $100 
million and $500 million, and half the grants awarded must go 
to projects $500 million or greater in cost. So it is 
imperative that our rural communities not be shut out.
    According to the Department's own statistics, 19 percent of 
Americans live in rural areas, but 68 percent of our Nation's 
total lane miles are in rural areas, and rural volume per 
interstate lane mile grew 9 percent in rural areas, but only 
1.1 percent in urban areas. I would also note the sad fact that 
the fatality rate on rural roads is almost two times higher 
than on our urban highways.
    So these are some of the important issues I want to touch 
on today. I will be expressing, just last night a parent came 
up to me and asked me about the Sea Year at the Maritime 
Academy, and whether her son would be able to graduate on time. 
There is also robust funding for the Essential Air Service 
which is critical to rural communities.
    Again, Mr. Secretary, I once again welcome you, and look 
forward to discussing these issues with you. Thank you.
    Senator Schatz. Thank you very much, Vice Chair Collins.
    Secretary, please proceed with your testimony.

                SUMMARY STATEMENT OF HON. PETE BUTTIGIEG

    Secretary Buttigieg. Well, thank you very much, Chairman 
Schatz, Ranking Member Collins, and members of the subcommittee 
for the opportunity to discuss the President's fiscal year 2023 
Budget Request for the Department of Transportation.
    I first want to thank the Members on both sides of the 
aisle who delivered the Bipartisan Infrastructure Law, and the 
fiscal year 2022 Omnibus. Because of these historic 
investments, the Department is now in a much stronger position 
to help build the transportation future the American people 
need and deserve. One that is safer, more efficient, and more 
affordable for everyone, from families transporting kids, to 
businesses moving goods. And we have acted urgently, and 
responsibly to do just that.
    Let me offer just two examples. We recently saw the 
dramatic collapse of a bridge in Pittsburgh, where if it 
weren't for the divine grace of a snow day, there might have 
been school buses driving over that eight-story high bridge 
when it fell.
    In December, we allocated the largest Federal Highway 
funding to states in decades, $52.5 billion, to improve roads 
and bridges.
    Another urgent priority for us is addressing the supply 
chain disruptions and accompanying inflation caused by the 
pandemic, while acting to ensure that our supply chains are 
resilient into the future. The steps we are taking include 
efforts to support truck drivers, supplement inland ports, and 
modernize our port infrastructure, all to help move record 
volumes of goods more quickly, and stem the rising costs of 
shipping. And it is paying off.
    A few weeks ago in Tell City, Indiana, I was able to see 
how our Federal port investments will help increase shipments 
of pig iron through a small river port, supporting and securing 
jobs for over a thousand people at a foundry a few miles away. 
And examples like that exist across the country.
    In fiscal year 2023, we are now poised to build on this 
progress with a President's budget for the Department of 
Transportation that would total $142 billion, including $36.8 
billion in advanced appropriations provided by the Bipartisan 
Infrastructure Law for that year.
    Let me give you a few highlights: Safety remains our top 
priority, and the budget includes funding to help address the 
crisis of deaths on America's roadways as outlined in our 
National Roadway Safety Strategy. That includes $3 billion for 
the Highway Safety Improvement Program, with $4 billion for the 
RAISE and the new Mega Program. We will support transportation 
projects that transform communities so that their residents no 
longer need to rely on bridge, tunnel, and port infrastructure 
that hasn't seen major updates in decades, or even a century.
    The $23.6 billion for the Federal Aviation Administration 
will further enhance aviation safety, combat the effects of 
aviation on the climate, and improve our Nation's 
infrastructure.
    With $4.45 billion in Capital Investment Grants, we will 
advance 15 major transit projects that shorten commutes, 
increase access to jobs, and reduce congestion on the road for 
millions of Americans.
    We will invest $17.9 billion to reverse decades of under-
investment in intercity passenger rail, and make fast, reliable 
train service available to more people.
    We will provide $1 billion to build out a nationwide 
network of electric vehicle chargers, so that Americans in 
every part of the country have access to the lower monthly 
costs of electric vehicles. We will also establish our 
ambitious new fuel efficiency standards, which are projected to 
save the typical household hundreds of dollars in gas costs, 
and prevent 2.5 billion metric tons of carbon dioxide from 
reaching our atmosphere.
    And to ensure good transportation is available on every 
block of our cities, and every mile of our rural counties, we 
will dedicate $111 million to significantly enhance the 
capacity of disadvantaged communities to access and execute the 
Department's financial assistance programs, and $350 million 
through a new grant program for rural communities.
    That is just a sample of the improvements the American 
people will experience when they drive, fly, ride, and shop as 
enhancing our transportation systems directly helps lower the 
transportation costs of goods and services.
    At the Department we understand that the tremendous 
opportunity we have been given to help modernize our country's 
infrastructure comes with a profound responsibility, to use 
taxpayer dollars efficiently, and wisely, and to make resources 
more accessible to state and local governments so they can 
build good projects well.
    This type of infrastructure transformation only happens, at 
most, once every generation, and it only happens if we work 
together.
    So I want to again thank you for showing that democracies 
can deliver for the people that they represent, and for your 
work to ensure that the United States remains the global 
economic leader.
    And I look forward to discussion your questions.
    [The statement follows:]
               Prepared Statement of Hon. Pete Buttigieg
    Chairman Schatz, Ranking Member Collins, and members of the 
Subcommittee: thank you for the opportunity to discuss the President's 
fiscal year 2023 Budget request for the Department of Transportation.
    I first want to thank the Members on both sides of the aisle who 
delivered the Bipartisan Infrastructure Law (BIL), and the fiscal year 
2022 Omnibus.
    Because of these historic investments, the Department is now in a 
much stronger position to help build the transportation future the 
American people need and deserve... one that is safer, more efficient, 
and more affordable for everyone, from families transporting kids to 
businesses moving goods.
    And we have acted urgently--and responsibly--to do just that. Let 
me give just two examples.
    We recently saw the dramatic collapse of a bridge in Pittsburgh, 
where if it weren't for the divine grace of a snow day, there could 
have been school buses driving over that 8-story high bridge when it 
fell. In December, we allocated the largest Federal Highway funding to 
states in decades, $52.5 billion, to improve roads and bridges.
    Another urgent priority for us is addressing the supply chain 
disruptions and accompanying inflation caused by the pandemic, while 
acting to ensure our supply chains are resilient into the future. The 
steps we are taking include efforts to support truck drivers, 
supplement inland ports, and modernize our port infrastructure--all to 
help move record volumes of goods more quickly and stem the rising 
costs of shipping. And it's paying off. A few weeks ago in Tell City, 
Indiana, I saw how our Federal port investments will help increase 
shipments of pig iron through a small port, supporting and securing 
jobs for over a thousand people at a foundry a few miles away. Examples 
like that exist across the country.
    In fiscal year 2023, we are now poised to build on this progress 
with a President's budget for the Department of Transportation that 
totals $142 billion, including $36.8 billion in advance appropriations 
provided by BILL in that year.

    Let me give you a few highlights:

    Safety remains our top priority, and the budget includes funding to 
help address the crisis of deaths on America's roadways, as outlined in 
our National Roadway Safety Strategy. That includes $3 billion for the 
Highway Safety Improvement Program.
    With $4 billion for RAISE and the new Mega program, we will support 
transportation projects that transform communities so that their 
residents no longer need to rely on bridge, tunnel, and port 
infrastructure that hasn't seen major updates in decades or even a 
century.
    With $23.6 billion for the Federal Aviation Administration, we will 
further enhance aviation safety, combat the effects of aviation on the 
climate, and improve our nation's infrastructure.
    With $4.45 billion in Capital Investment Grants, we will advance 15 
major transit projects that shorten commutes, increase access to jobs, 
and reduce congestion on the road for millions of Americans.
    We will invest $17.9 billion to reverse decades of underinvestment 
in intercity passenger rail and make fast, reliable train service 
available to more people.
    We will provide $1 billion to build out a nationwide network of 
electric vehicle chargers, so that Americans in every part of the 
country have access to the lower monthly costs of electric vehicles. We 
will also establish our ambitious new fuel efficiency standards, which 
are projected to save the typical household hundreds of dollars in gas 
costs and prevent 2.5 billion metric tons of carbon dioxide from 
reaching our atmosphere.
    And to ensure good transportation is available on every block of 
our cities and every mile of our rural counties, we will dedicate $111 
million to significantly enhance the capacity of disadvantaged 
communities to access and execute the Department's financial assistance 
programs, and $350 million through a new grant program for rural 
communities.
    That's just a sample of the improvements the American people will 
experience when they drive, fly, ride--and shop, as enhancing our 
transportation systems directly helps lower the transportation costs of 
goods and services.
    At the Department we understand that the tremendous opportunity 
we've been given to help modernize our country's infrastructure comes 
with a profound responsibility to use taxpayer dollars efficiently and 
wisely--and to make resources more accessible to state and local 
governments so they can build good projects.
    This type of infrastructure transformation only happens at most 
once every generation, and it only happens if we work together. So I 
want to again thank you for showing that democracies can deliver for 
the people they represent--and for ensuring that the United States 
remains the global economic leader.
    I look forward to taking your questions.

                   GREENHOUSE GAS PERFORMANCE MEASURE

    Senator Schatz. Thank you very much Mr. Secretary. Several 
quick questions; you testified last year that the Greenhouse 
Gas Performance Measure Rule would be out by last September; it 
was not. What is the latest? How quickly are we going to be 
able to complete that?
    Secretary Buttigieg. So that rule is very important to us. 
We have been working through the process, it is now with OMB 
for review, and as soon as it gets through there, should be 
able to go out for comment. We hope very soon.

           AVIATION EMISSIONS AND SUSTAINABLE AVIATION FUELS

    Senator Schatz. Thank you. Can you persuade me that net 
zero emissions in aviation is not a mirage?
    Secretary Buttigieg. We don't view it as a mirage, we do 
view it as a more challenging sector to decarbonize than, for 
example, surface transportation. In the long run, the very long 
run, true, not just net zero, but zero emission aircraft would 
require alternative propulsion, but sustainable aviation fuels, 
in the medium term, hold the promise of allowing existing 
propulsion technologies to have a dramatically mitigated carbon 
impact through the much lower lifecycle carbon emissions of 
those fuels.
    I think it is fair to say the use of those fuels is in its 
infancy, but part of this budget request includes $18 million 
to support the development of sustainable aviation fuels. And 
there is also a sustainable aviation fuel grand challenge where 
our Department, the Department of Energy, and the Department of 
Agriculture are collaborating to advance the development and 
the deployment of high-integrity, sustainable aviation fuels, 
or SAF.
    Senator Schatz. So, Secretary, you and I have had another 
private conversation about this. And the only reason I mention 
it in this frame is that, if we are really serious about 
climate action, we have to be really serious about climate 
action, which means we have to be honest about those sectors 
that are most difficult to decarbonize, and figure out what to 
actually do about it, rather than, in the sort of political 
context, pick a year that is sufficiently far out that none of 
us will be accountable for it, and imagine some technology will 
emerge in the meantime.
    Now, some of what we have to do on climate is exactly that, 
because I have seen what happened with the Hawaii Clean Energy 
Initiative. You set a course and the private sector will figure 
it out. So there is a balance here. And I don't want to say, 
this isn't possible, I just want us all to admit how hard this 
particular sector is, because we are talking about aviation, 
right; and that batteries don't really work for aviation, not 
in terms of long haul, yet.
    Secretary Buttigieg. Right.
    Senator Schatz. And, you know, we know we can get green JP-
5, but not cheaply, and the scaling questions are very real. So 
I just want to give you permission, and I think all of us 
permission to be, like, very hard-nosed about all this, because 
the planet is at stake, and we don't do anybody any favors, on 
either side of the aisle, by talking about something that may 
not be achievable even in the way that we characterize it.

                   FEDERAL INFRASTRUCTURE PERMITTING

    So moving on; I mentioned earlier that NIMBYism is driving 
up development costs, and slowing major infrastructure 
projects, and transit-oriented development. What can we be 
doing to streamline? And I am particularly interested in the 
Interagency Infrastructure Permitting Improvement Center, and 
the Federal Permit Improvement Steering Committee, because I 
think that is an underused venue to try to get some of these 
timelines aligned. Some of this has to do with, you know, 
county and state law and ordinance, but some of this is 
something that we can fix through policy at DOT; so please give 
me your thoughts on that?
    Secretary Buttigieg. Well, I agree that those bodies can 
play an important role and want to recognize that the 
Bipartisan Infrastructure Law creates some opportunities to 
improve the environmental review and permitting process, 
especially for transportation infrastructure that can actually 
realize benefits with regard to climate impacts on underserved 
communities, housing affordability that interacts with transit, 
and more.
    I would mention a couple of things: One, the new 
environmental review requirements associated with major 
projects that are added by the law, are coupled with things 
like the amendments in the infrastructure law that codified the 
concept of ``One Federal Decision'' in the environmental review 
and permitting process.
    So we are coordinating with all of the other Federal 
agencies that are involved in that, and trying to make sure 
also that as we work to meet the statutory deadlines, for 
example, the 60-day implementation of the development of 
categorical exclusions, which is one of the first things that 
the bill required us to move.
    We are also making use of tools like the Federal Permitting 
Dashboard which is run by one of the two bodies you mentioned, 
the Infrastructure Permitting Improvement Center. For the first 
time we are posting information on documented categorical 
exclusions, onto the dashboard, and looking at other steps that 
can help provide transparency that allows good information to 
get out, and allows the process to be navigated in a way that 
is not only about efforts to slow or stop, but efforts to 
improve and shape.
    And we think the more good information moves, the more we 
can see these tools--these review processes meet their 
beneficial intent, which is to make the end result better 
rather than merely to stop things from happening.
    Senator Schatz. I don't want to assume that you are not 
already doing this, but I do just want to observe that this 
seems to be, I mean, squarely in your skill set, former 
management consultant, former mayor. So I would like your 
personal attention to this, because this is the kind of thing 
that is mundane, you know, it is a lot of acronyms, it is a lot 
of, you know, agencies no one has ever heard of. But it very 
much matters.
    And if we are to get things done, like Senator Collins 
showed over last weekend, to get something actually built in a 
48-, 72-hour period, you need to clear the thicket. And I am 
counting on you to help to do that.
    Senator Collins.
    Senator Collins. Thank you, Mr. Chairman.

                         FHWA PROJECT GUIDANCE

    Mr. Secretary, I mentioned in my opening statement the 
Federal Highway Administration's Memorandum that discourages 
states from moving ahead with projects that add highway 
capacity, and instead indicates that Federal funds should be 
used to prioritize projects that improve existing service 
transportation needs.
    I know this is a major issue for Senator Capito who was the 
co-author of the EPW title that was included in the Bipartisan 
Infrastructure Bill, which clearly allows states to choose 
which investments they fund using their Federal Aid Highway 
dollars.
    Congress clearly, on a bipartisan basis, rejected the idea 
that DOT is advocating for in the December memo. So I am going 
to ask you, in very straightforward way, will you rescind or 
revise that memo?
    Secretary Buttigieg. So I would be happy to clarify the 
memo if it is continuing to cause confusion. But it was crafted 
in a way to take great care to emphasize the importance that 
anything that Federal Highway Administration does must be 
compatible with the law, as written. And our intent and our 
practice is to do just that.
    Senator Collins. I think that that clarification would be 
really helpful because I can assure you, from talking to my 
colleagues, and state commissioners, that this guidance has 
created a lot of angst, and concern, and it is in conflict with 
our intent.

                      RURAL INFRASTRUCTURE FUNDING

    I want to next switch to the issue of Mega projects versus 
RAISE grants. And as I said, I think combining funding could 
mean that all even, or most of the funding is awarded to these 
gigantic projects which simply don't exist in smaller rural 
states.
    And so, do you intend to allocate a certain percentage of 
RAISE grants to ensure that rural states and communities will 
be able to receive that funding, as they have in the past?
    Secretary Buttigieg. It is very important to us to make 
sure that smaller communities and rural communities get support 
from this legislation and from these programs specifically, and 
we have sought to not only meet statutory requirements, but go 
above and beyond where appropriate. And one example I would 
offer is that in the last cycle for the INFRA grants I think, 
legislatively, there was a 25 percent set aside for rural 
projects.
    We wound up actually doing not 25 but 44 percent, so almost 
doubling that. Likewise, when we look at the combined notices 
of funding opportunity, in no way is that intended to diminish 
the access of smaller projects, or smaller communities, to the 
funds.
    In fact, part of the spirit of why we are doing that is the 
recognition that it is often smaller communities, or counties, 
or transportation authorities that find it more difficult to 
navigate the multiplicity of Federal programs and processes.
    And so with the same mentality that led to, for example, 
the Common College Application so that a parent wouldn't have 
to fill in the same zip code on seven different pieces of 
paper, that we have some common processes that mean, instead of 
back-to-back application cycles, or perhaps a project that 
would qualify for multiple programs, having to go through the 
motions repeatedly, that we roll that up and effectively 
streamline the process.
    So my point is, that is aimed to be in the spirit of making 
this more user-friendly for all communities, including small 
communities. And you have my commitment that smaller and rural 
projects will not be shorted in the RAISE Program or any other 
provided under the law.
    Senator Collins. Thank you I don't think I have time to 
start another question. So I will wait for the next round.
    Senator Schatz. Senator Coons.
    Senator Coons. Thank you, Chairman Schatz; Ranking Member 
Collins. And thank you for the very practical demonstration of 
what those of us whose hometown is enduring 2 years of highway 
and bridge replacement can only dream might happen throughout 
the country. But your focus on innovation and flexibility is 
greatly appreciated.
    And, Mr. Chairman, thank you for your focus on both 
resiliency and climate adaptation, and frankly being blunt 
about what is possible, what is necessary. I look forward to 
talking with you about sustainable aviation fuel, an area of 
particular interest to me.

                              RAIL FUNDING

    But Mr. Secretary, thank you. Thank you for your leadership 
of the Department at this critical time. I am going to focus on 
rail and transit, which I suspect doesn't surprise you at all.
    I am grateful for a request that is robust. I will be 
leading the letter for the Amtrak request to $3.3 billion but I 
just wanted to focus on the relationship between the 
Infrastructure Investment and Jobs Act (IIJA), the Bipartisan 
Infrastructure Bill, and sort of year-over-year operating 
appropriations.
    I think it is critical that the FRA move ahead with all 
deliberate speed. They are developing their project inventory, 
I understand a necessary first step, but help me understand how 
you are expediting getting money out there, so that projects 
move forward swiftly, appropriately. And what is the impact if 
there is a cut in annual appropriations because of a 
misperception that the IIJA funding is supposed to be year-
over-year?
    I understood it as addressing a long underfunded backlog of 
state of good repair maintenance issues, and we need both 
robust annual appropriations and these IIJA investments. Speak 
to that briefly if you would? And then I have two more 
questions.
    Secretary Buttigieg. Okay. I will try to be brief then. And 
thank you for the opportunity to make clear that there is a 
distinction between these capital needs, and the regular annual 
operating funds. And yes, the IIJA makes it possible to pursue 
long-needed improvements. The upgrades to facilities including 
maintenance facilities, the acquisition of new rolling stock 
which is urgently needed, ultimately that division will call 
for the replacement of a thousand locomotives and cars over the 
years.
    If there were to be some kind of shortage in another source 
of funding that would set back this vision that is making it 
possible to enhance the reliability, the dependability, the 
frequency, and ultimately the speed of travel along these 
Amtrak routes. And it is very important to be able to support 
both the year-to-year operations and those capital needs.
    Senator Coons. As someone who spends a great deal of time 
both on and with Amtrak in my home state, and with the region, 
I think these investments are critical.

                         RESILIENCY INVESTMENTS

    In terms of climate, I am pleased to see the President's 
budget emphasizes the key role DOT plays in mitigating climate 
and developing resilient infrastructure.
    We both served in local government. In the decade that I 
was in county government, we had to face several 500-year 
flooding incidents, and then respond and adapt. Delaware is the 
lowest-lying mean elevation state, and faces critical 
challenges from sea level rise.
    I would be interested in your view in the $47 billion in 
resiliency investments that is in the IIJA, how do we implement 
that effectively in a way that looks at resiliency? And I have 
a bipartisan bill with Senator Murkowski that would require a 
chief resiliency officer, as many states have done, at the 
Federal level, to help coordinate across agencies, and a 
resiliency plan across Federal agencies as many states have 
done; I would be interested in your response to that.
    Secretary Buttigieg. Thank you. The issue of resiliency is 
only going to continue mounting in importance, and too often we 
find that local and state transportation authorities have felt 
in the past, compelled to, by the structure of our funding, to 
restore things to the way they were, even if they know that 
that is restoring a vulnerable asset to a vulnerable condition; 
for example, a road that is being washed out frequently. And 
perhaps the right answer is not to put it right back where and 
as it was, but to put it somewhere where it will be better 
protected.
    These are exactly the kinds of things that resiliency 
funds, such as the PROTECT Grant Program created by the IIJA, 
can support. And while we are working within our Department to 
make sure, in the context of the individual program management, 
and then at a policy level, that we are paying attention to 
resiliency implications.
    I would certainly welcome the chance to work with you and 
your office on us being involved in any other structural 
approaches that would help us have an interagency level of 
coordination as well.

                        TRANSPORTATION WORKFORCE

    Senator Coons. Thank you. Last, the chairman raised 
workforce. I think all of us are concerned about workforce, 
particularly the highly specialized workforce that is needed. 
Delaware is home to two of Amtrak's major repair and 
maintenance shops. They have just restarted an apprenticeship 
program. I look forward to working with you, and the Chair and 
Ranking Member on workforce issues around transportation.
    In every aspect of transportation we face both the 
opportunity and the challenge of training and having available, 
appropriate, skilled, organized labor to continue, at least in 
my state to do the servicing that they have done for a century 
on Amtrak's rolling stock.
    Thank you, Mr. Chairman.
    Senator Schatz. Senator Capito.

                       HARMONY GROVE INTERCHANGE

    Senator Moore Capito. Thank you, Mr. Chairman. Thank the 
Ranking Member. Thank you, Mr. Secretary.
    This probably hasn't reached you although it is a letter to 
you, I didn't want to leave this opportunity unchecked for me. 
Senator Manchin, and David McKinley, and I wrote you a letter 
just recently, asking you to review and approve the Interchange 
Justification Report for the Harmony Grove Interchange on I-79, 
near Morgantown.
    It would really--if safety is your priority, this is a 
safety issue because of the business park that IS associated 
with this which is growing and, you know, that has been 
difficult for us to be able to grow in our state. We are 
excited about the possibilities here, but it would take a lot 
of truck traffic out of those local areas. So I just want to 
put that on your radar screen again, and hope you can take a 
look at that.
    Secretary Buttigieg. Will do. Thank you.

                         FHWA PROJECT GUIDANCE

    Senator Moore Capito. Thank you. Thank you. But Senator 
Collins mentioned the memo, the guidance memo that has caused a 
lot of consternation. You and I had a conversation about this, 
and have had several conversations about this. It still remains 
an issue. And I think the fact that you are stating that it is 
clear in the memo that you are going to do everything within 
the bounds of the law, you still are adding in as an anecdote 
there.
    And we don't need to debate this, because we have already 
tried this; but in my view you are putting your foot on the 
scale for certain types of projects, rather than letting the 
states have the flexibility that they have enjoyed for so long.
    So I would say that it is not clear, because we are still 
hearing from our DOTs. And also my understanding is that not 
only do you have the memo from December, but you have doubled 
down in terms of the same types of concepts going towards 
certain grant programs, and other kinds of funding 
opportunities.
    So it is causing a lot of consternation. So what do you see 
over the next three to 6 months that you are going to be 
putting out in terms of guidance? Is this going to be a 
consistent message through every program? And how are you 
finding DOTs are dealing with this; because we are getting a 
lot of consternation?
    Secretary Buttigieg. Well, I think the proof of the pudding 
is in the tasting. So the most important thing will be to 
ensure that there is clear communication and understanding as 
projects go out. You will continue to hear concepts mentioned 
in the memo promoted by the Department, because they are things 
we all agree on.
    For example, State of Good Repair, we will always promote 
State of Good Repair. I guess what I would say is, we will 
promote these concepts, and continue to respect the flexibility 
that state departments enjoy, and rightfully do under the law.
    To give you an example; if there is a conversation going on 
with the State DOT, and they would like our input on where 
things are headed, broadly, in transportation policy around the 
country. Of course, we will offer that. And often we have that 
dialogue, either through the American Association of State 
Highway and Transportation Officials (AASHTO), or with states 
individually.
    We also respect, recognize, and support that it is 
ultimately their call, within the boundaries of law of course, 
on how to apply formula funds. There is more departmental 
discretion, according to the law, in how discretionary programs 
are set up; and as you know, having crafted them, that that may 
depend from program to program.
    But perhaps the best thing I can offer by way of clarity is 
this. If it is ever your impression that a specific project 
that is, otherwise, lawful that a state seeks to pursue with 
formula dollars, is in any way being unreasonably or 
unnecessarily delayed or discouraged by the Department, I would 
want to know that right away. And we can discuss it, because 
anything that is lawful with formula funds is something that 
the states should be free to pursue.
    Senator Moore Capito. Appreciate that. And just another 
view on that, I think as Susan--as Senator Collins--I call her 
Susan, so I will keep calling. As Senator Collins referred, we 
specifically avoided these types of prior authorizations when 
we formulated a bipartisan product. You know that.
    The House came out with a much more stringent, that looks 
very similar, and actually is exactly the same language as what 
you have in your guidance materials. So you know, I get it, 
that it is how it tastes, but it is also in the eye of the 
beholder. And that is not the intention of that bill that was 
supposed to be very specific.

                              FHWA NOMINEE

    Lastly, I will just say, I am disappointed, as I am sure 
you are concerned, that we still don't have a nominee for our 
National Highway Administrator. We have all this money coming 
in, we don't have somebody that has even been nominated for 
that position. What are you hearing on this; and can you give 
us any hope that this is going to come to some kind of 
conclusion?
    Secretary Buttigieg. So yes, we recognize the importance 
and the urgency of the nomination. I will say that the team has 
been doing superb work, but it is always best to have leaders 
both nominated, and confirmed. And welcome being able to work 
with you on that.
    Senator Moore Capito. So do you anticipate that there will 
be a nominee soon?
    Secretary Buttigieg. I don't have news to make, but 
certainly hope and anticipate that there will be a nominee 
soon.
    Senator Moore Capito. Well, we will look forward to that. 
Thank you.
    Secretary Buttigieg. Thank you, Senator.

                        RECONNECTING COMMUNITIES

    Senator Schatz. Senator Van Hollen.
    Senator Van Hollen. Thank you, Mr. Chairman.
    And welcome Mr. Secretary. It is great to see you. And I 
just want to start by mentioning the Reconnecting Communities 
Program. You and I have spoken about this in the past, and just 
a friendly reminder that the reason it ended up in the 
Infrastructure Bill was because of the Highway to Nowhere in 
West Baltimore.
    The Highway to Nowhere is a Federal Highway project that 
began in the 1960s, it was terminated before it was finished, 
but not before it divided a Black community in West Baltimore, 
and took thousands of homes. And I just want to highlight that 
because we introduced legislation here in the Congress on the 
Reconnected Communities Bill because of West Baltimore, and 
that then found its way into the big bill.
    My understanding is that the Department will be, 
essentially, putting out requests for proposals, and guidance 
within the next--by early fall. Can you confirm that timeline? 
And do you have any specifics?
    Secretary Buttigieg. Yes. Certainly by the end of this 
fiscal year we will seek to get that notice of funding 
opportunity out, and we are looking forward to doing it. We 
think it is a particularly important program within this 
infrastructure law.
    And I will tell you, since that made it into the law, we 
have heard from so many communities furnishing specific 
examples, some of which we hadn't heard about before. I see 
mayors' heads nodding every time I am speaking to a group of 
mayors or community leaders about this issue, picturing their 
own example, or analogy, to the Highway to Nowhere example in 
Baltimore; it truly is all across the country.
    And so in addition to working to make sure the funds that 
you have provided are well used on flagship opportunities to 
reconnect where there has been division, our hope is that the 
process of getting communities thinking about that, might also 
lead to some of them choosing to program dollars from other 
sources, in ways that also have the benefit of reconnecting 
communities. And I think we will see some of that too.
    Senator Van Hollen. Well, I appreciate that. You should 
know Baltimore City will be ready to submit their proposal for 
the Reconnecting Communities Program that they--the Department 
makes an announcement. And we would love to have you come to 
West Baltimore, just to announce the formation of the program, 
I will just to put that on your radar screen. The Maryland 
delegation, collectively, met with Mayor Landrieu, Mitch 
Landrieu, just earlier this week and raised these issues with 
him as well.

               GOOD-PAYING INFRASTRUCTURE JOBS & TRAINING

    Let me ask you, Mr. Secretary, about the President's 
initiative, your initiative to improve the quality of jobs 
provided, and make sure we have good wages by guaranteeing 
workforce protections under the Davis-Bacon Act, and supporting 
the creation of training programs for underrepresented workers 
in new and emerging industries, and strengthening the Made in 
America requirements.
    As you well know, because you were a signatory back in 
February, the DOT and the Department of Labor signed an 
memorandum of understanding (MOU) to ``Promote cooperative 
efforts between DOT and DOL, to create and support pathways to 
millions of good-paying infrastructure and transportation jobs, 
with the free choice to form a union, as historic investments 
ramp up as a result of the infrastructure law.''
    Can you talk specifically about measures you are taking to 
implement that intent?
    Secretary Buttigieg. Yes. So in addition to ensuring that 
all compliance is met on things like Davis-Bacon, we also want 
to proactively take the opportunity to use some of the funds 
that are in the legislation, as provided for by Congress, to 
create those kinds of pipelines to good-paying jobs with the 
choice of a union.
    Just take one example. One of our programs for transit, the 
Low and No Emission Bus Program, includes a requirement that 5 
percent of that funding goes specifically toward workforce. We 
have also engaged in visits and dialogue with some of the 
organizations, including unions leading these kinds of 
apprenticeship programs.
    I just had the chance to visit one in Wisconsin where they 
are taking the step of inviting high-schoolers from around the 
state to a facility run by the operating engineers, to give 
them a sense of the good-paying jobs that are waiting for them, 
and visited a school in Brooklyn, a high school, where the 
students will emerge with about 2 years' head start on the 
apprenticeship for jobs related to transit.
    This is not only important because it is the right thing to 
do from an equity perspective, to invite everybody to 
participate in these good-paying jobs, but also, frankly, 
because it will be necessary in order for us to deliver. The 
volume of work that we are undertaking as a country means that 
we cannot afford to leave any talent on the table.
    Senator Van Hollen. I appreciate that. And I think all of 
us are hearing from our, you know, engineers, and construction 
firms about the need for this workforce. And so thank you for 
the efforts you are taking.
    Thank you, Mr. Chairman.

   NATIONAL CULVERT REMOVAL, REPLACEMENT & RESTORATION GRANT PROGRAM

    Senator Schatz. Senator Murray.
    Senator Murray. Thank you very much, Mr. Chairman.
    Welcome, Secretary Buttigieg; great to see you again, and 
thanks for joining us. And thank you for all of your continued 
partnership. We all appreciate it.
    You know, I have spoken to people in communities across 
Washington State who are really excited about the Bipartisan 
Infrastructure Law, from the robust investments in the existing 
programs to fund priorities like the RAISE grants that I 
created way back in 2009, to brand new programs like the 
Culvert Removal and Replacement Program. Every community in my 
home state stands to benefit from different parts of the 
Bipartisan Infrastructure Law, and we all are excited.
    I was also really thrilled to see the President's new 
budget layout, a very strategic plan for implementing the 
dozens of new grant programs, and for ensuring set-asides for 
our communities that often struggle to access these Federal 
funds, as well as technical assistance, and support to help 
them get through that application process.
    So let me start with the question on the importance of 
salmon recovery in the Pacific Northwest, you and I have talked 
about this before. One of my top priorities in the Bipartisan 
Infrastructure Law was dedicated funding for salmon recovery, 
fish passage, and habitat restoration. That law, made some very 
important progress on that front, including $200 million in 
dedicated funding for each of the next five fiscal years to 
support that new Culvert Removal and Replacement Program.
    This is really an important priority for us, and I can't 
overstate it to you, how important it is to the Pacific 
Northwest. Salmon are just foundational to Washington State's 
economy, and our heritage, and our Tribal Treaty obligations as 
well.
    So can you just talk to us a little bit about the progress 
that you and your staff are making towards getting this program 
up and running, and the criteria you are going to be using to 
prioritize these applications for funding?
    Secretary Buttigieg. Thank you. I certainly recognize the 
importance of this program to the regional, and ultimately the 
national, economy. And as you mentioned, there are advanced 
appropriations of $200 million for fiscal year 2023, for this 
Culverts Grant Program. And that is available for replacement, 
or for removal, or for repair of the culverts or weirs that 
that could improve or restore passage for salmon, and other 
anadromous fish.
    And there are other infrastructure investments that may be 
relevant and needed as well. So we are aiming to get the Notice 
of Funding Opportunity out this summer. It is, of course, a 
novel program and we want to make sure that we get it right the 
first time with input from regional stakeholders, and 
recognizing the rural and tribal voices that will have a lot to 
say about this.
    And what we recognize also is that this is going to play a 
role in the recovery of endangered species, and the restoration 
of habitats. So we will tune the criteria toward the concerns 
that led to the creation of this program in the first place, 
and very much looking forward to being able to first get that 
NOFO out, and then begin making award announcements thereafter.

                       CAPITAL INVESTMENT GRANTS

    Senator Murray. Okay, great; really appreciate that. Now, 
secondly public transit; I am a huge believer in public 
transit. I actually ride the ferries a lot back in my home 
state of Washington. I can't get home without them. So I was 
really pleased to see the robust investment in Capital 
Investment Grant Program, and particularly the FTA's proposal 
to accelerate funding for two of our major Sound Transit 
projects.
    I can't tell you how important this is to the Puget Sound 
region, because at the end of the day public transit is really 
about people, and getting them to where they need to go, and 
connecting them to jobs and opportunity.
    Sound Transit plans to secure FFGAs for four additional 
link extensions, West Seattle, Ballard Link, Tacoma Dome, and 
Everett Link. And the proposed early CIG funding saves 
significant financing costs, and also would complete FFGA 
appropriations closer to the opening of the service, rather 
than years after construction is completed, and revenue service 
has begun.
    So given the historic investment in CIG, in the Bipartisan 
Infrastructure Law, I would really encourage the Department and 
FTA to use those resources to fund projects like those earlier, 
in the CIG process so they can better align with the opening of 
revenue service, and allow good projects to capture that 
Federal funding sooner, rather than waiting until a project has 
FTA engineering approval, or assigned FFGA, to maximize the 
investment that Congress provided.
    Secretary Buttigieg. Well, thank you. We will take that on 
board. And certainly recognize one of the virtues of some of 
the funding streams that FTA has, is their ability to provide 
some amount of certainty, and runway to prepare for the future, 
and we know how much transit authorities value that.
    Senator Murray. Thank you. Well, and just in closing, I 
really want to commend the administration for placing a really 
high priority on projects that reduce our carbon footprint, and 
invest in cleaner transportation, and look forward to working 
with all of this. I know I have your phone number, you have 
mine. So we will stay in touch on all of this. And I appreciate 
it.
    Secretary Buttigieg. Anytime you would like, Senator; thank 
you.
    Senator Murray. Thank you.

                          ONE FEDERAL DECISION

    Senator Schatz. Senator Manchin.
    Senator Manchin. Thank you. Thank you, Mr. Chairman.
    And Secretary, thank you for being here. A high priority in 
my state is Corridor H. We have been trying to build it for 56 
years. We have about 90 percent completed, or either funded to 
be completed. We have that small percentage to be done yet, and 
we have funding in that for the Infrastructure Bill. The thing 
that we need help with is this. The language of the ``One 
Federal Decision'' language requires each project to have an 
agency, that takes the lead on it, as far as that, okay, that 
would under--it is finishing a highway, so it would be 
Department of Transportation.
    We are hearing that those rules haven't been set yet, or 
haven't been drafted, and it is supposed to be a two-year 
deadline, a couple years might go by, and the money will be 
spent before we even get to where you all can take the lead and 
help us; if you could look into that. That we are just worried 
we are gonna miss the opportunity to finish this highway.
    Secretary Buttigieg. We will make sure to look into that. 
Our intention has been to meet every step on the timeline, and 
we know how important that is for your state.
    Senator Manchin. I think the One Federal Decision with, you 
know, the way it is written, and we did that to expedite.
    Secretary Buttigieg. Right.
    Senator Manchin. It was part of the reason, and there is 
going to be a lot of people fighting back, we have heard 
everything. Like in 56 years, you can tell, they have thrown 
everything at us to slow it up. This is going to be great. It 
hooks I-81 into I-79, which is tremendous going through the 
most beautiful part of our state, but it opens it up which has 
never had transportation there. So I would really appreciate 
your help on that, and if you give us a lead person in your 
agency, we would be happy to work with them on that.

                             SUPPLY CHAINS

    Let us go back to something that Senator Murray had talked 
about, supply chains. China is responsible for 80 percent of 
the world battery material processing, 60 percent of the 
world's cathode production, 80 percent of the world's anode 
production, and 75 percent of the world's lithium-ion battery 
cell production. They have actually cornered the market.
    And I have got to be very honest with you, what I see going 
on with Putin weaponizing energy, and using it as a weapon in 
Europe right now, I am afraid that China could do the same 
thing, and we are not up and ready to run, and I know that we 
have to decarbonize the transportation sector, it is one of the 
ones that we have the most concern about right now that we can 
do something.
    And I have been very big on hydrogen, but we have not put 
the money, or put the research to hydrogen the way we have on 
EVs. And it seems that we are still going down that path. And 
there is a waiting list for EVs right now, with the fuel price 
at 4. But they still want us to throw $5,000, or $7,000, or 
$12,000 credit to buy electric vehicle. It makes no sense to me 
whatsoever, when supply and demand and we can't produce enough 
product for the people that want it and we are still going to 
pay them to take it, is absolutely ludicrous in my mind.
    But I am thinking we are getting ourselves tangled in a 
situation that we are not going to be able to supply the 
continued electrodes, and anodes, and cathodes, and everything 
that is going to be needed for this product. So do you all have 
the same concern?
    Secretary Buttigieg. Yes. We are following this closely. 
And I think it is a great example of one of the areas of 
manufacturing capacity that we have got to do more of right 
here on American soil. You know, if you look at the timelines 
that the physicists have laid out on climate some of them can, 
in terms of our action, and our need to rise to the challenge, 
could arguably be measured in months rather than years at this 
point.
    And so we feel a sense of enormous urgency to accelerate, 
not just the uptake of electric vehicles; but as you note, 
their production and our productive capacity for them.
    Senator Manchin. Mm-hmm.
    Secretary Buttigieg. One important thing that you mentioned 
was the processing capacity for these raw materials. So it is 
not only the stores of, let's say, cobalt, or nickel, lithium, 
or some of those raw materials that are at issue, but their 
refinement, and sometimes it is actually the refinement piece 
that is most concentrated in a place like China.
    So we have been in close contact with the Department of 
Energy, I just got a briefing on it this week actually, about 
what it would take for more of that to come onshore, because we 
want to, as we say, with just about everything in 
infrastructure, make sure that more of it is made in America, 
produced right here in America. And while we are also 
interested in the potential around hydrogen, we feel a sense of 
enormous urgency to deploy the technologies that exist and are 
on the market today, and make sure that we get the absolute 
most out of that too.
    Senator Manchin. I just came back from Alaska, and then I 
was up on Energy there. And I was over in Calgary, and 
Saskatchewan, Alberta, and I truly believe that with what we 
see happening and the world being changed a little bit as we--
the geopolitical unrest we have, to form a North American 
Energy Alliance. They have tremendous deposits of rare earth--
especially in Saskatchewan, in that province.
    And they are willing to partner up with us, and it is 
something we should be looking into. They have the ability to 
do a lot of refining up there also that we might not be in with 
our environmental concerns that we have in our state, we are 
going to have to get the environmental community on board as a 
team effort, to make this happen.

                       HARMONY GROVE INTERCHANGE

    If I could throw one more thing at you, just my own little 
plug for Harmony Grove we have--a good friend of mine, 
Congressman McKinley from West Virginia, has been really 
leading the charge on this, and it is really something that is 
desperately needed, it is the interchange on the Interstate 79, 
Morgantown, it is called the Harmony Grove Interchange, if your 
agency could look into that.
    All we are asking for is if it is doable, looking to see if 
it can be fast-tracked, and we can make something happen. Or 
either be told we have to reroute something, or do something 
differently.
    Secretary Buttigieg. Okay.
    Senator Manchin. That would help us tremendously. I thank 
you for your involvement in this. And we are at tough times 
right now. We just need to get on the ball and get something 
done. And finishing a 56-year-old highway would be great.
    Secretary Buttigieg. We are in touch with your office on 
that. I know the sense of importance that is there, and I will 
make sure to follow up, and get a sense of the status.
    Senator Manchin. Thank you, Secretary.

                               5G ROLLOUT

    Senator Schatz. Vice Chair Collins.
    Senator Collins. Thank you, Mr. Chairman.
    Mr. Secretary, in December and January the aviation 
industry came shockingly close to experiencing significant 
operational disruptions due to concerns regarding the rollout 
of 5G C-band services, and the uncertainty about that effect on 
the aircraft radio altimeters.
    My question to you is this, we know that the agreement that 
was reached is going to expire this summer; do we anticipate 
there are going to be further disruptions? We are seeing 
passenger travel go up, we know we have supply chain problems, 
and I am very worried that we could be back in a situation for 
those, approximately, 5 percent of airports where 5G has not 
been turned on near them.
    Secretary Buttigieg. Thank you for raising this. This 
continues to be a top concern, and something that I am 
personally very engaged in. We are in a much better place than 
we were in December and January, and largely because we have 
much better dialogue and collaboration, not just among 
regulators, but among industries. And have been directly 
engaging with the airlines, the aviation equipment 
manufacturers, and with the telecom carriers, to make sure that 
they were on a better path.
    Now, as you noted the current voluntary agreement 
contemplates a delay or mitigation on the activation of some of 
these towers into the summer. But we are going to have more 
work to do to make sure that there is safe and economically 
beneficial coexistence of 5G C-band spectrum use, and these 
radio altimeters.
    We are doing everything we can to pursue the technological 
solutions that I think will be the ultimate long-range fix for 
this, while in the meantime continuing to pursue and support 
the negotiated solutions, which I would note, have really 
worked on a voluntary basis up to now. And I think that is a 
credit to the collaborative spirit that we were able to reach 
across industries and players, but has not been replaced by 
technological fix just yet, and won't be completely resolved by 
this summer.

              TRAINING VESSELS AT STATE MARITIME ACADEMIES

    Senator Collins. That is of concern. And I hope you will 
continue to push on that. Let me switch to a different issue. 
Over the past several years, this committee has appropriated 
funding for the replacement of the training vessels that are at 
the State Maritime Academies. They are rapidly reaching the end 
of their useful life. I have two questions related to them: 
First, with steel prices rising, and supply chain disruptions, 
what is the outlook for ensuring that these much-needed vessels 
are delivered on time?
    Secretary Buttigieg. So just as the price of a gallon of 
milk can be impacted by inflation, so can the cost of ship 
building. And that is something that is very much a concern for 
us. I think that one benefit is the multi-year vision that has 
been laid out for these acquisitions, will hopefully allow for 
some smoothing of the spiky nature of, for example, raw 
material and commodity prices that are involved in the 
construction.
    But it is something that we will monitor closely to try to 
ensure that those concerns around cost don't stand in the way 
of timely and on-budget delivery.
    Senator Collins. We don't want to see a gap. Recently, it 
was brought to my attention that the first vessel of the sort, 
which is going to the State University of New York Maritime 
College, has a home-port designation as Norfolk, Virginia, on 
the side of the ship, even though obviously SUNY's Maritime 
College is located in New York.
    Now, all of the current training vessels have on them the 
location of the school, and Maine Maritime Academy certainly 
wants to see Castinee, Maine, not Norfolk, Virginia, on the 
side or of the vessel. Each of our schools takes great pride in 
these ships, and really the heads of these academies have been 
shocked to learn that there is a plan to label them all as if 
they are located in Virginia.
    What can we do to ensure that we follow the practice that 
we have always followed, and these vessels have the location of 
the Maritime Academy imprinted on them?
    Secretary Buttigieg. So this issue was recently brought to 
my attention as well. And I know that there are many 
overlapping questions, both of custom and of law. I would be 
happy to continue to be in touch with your office and to work 
with you on this, because I know it is of great interest to the 
state academies. And I understand the importance of the issue.
    Senator Collins. Thank you.
    Senator Schatz. Senator Braun, do you want a minute?
    Senator Braun. Why don't you go ahead.

        ROADWAY FATALITIES AND NATIONAL ROADWAY SAFETY STRATEGY

    Senator Schatz. Okay. My final two questions for you, Mr. 
Secretary, and let me just--you know, I try not to be too 
effusive with praise, sometimes I wish I were more effusive 
with praise, but I just have to say your Department, your team, 
just extraordinary. The way you have run this Department, you 
are one of the best cabinet secretaries I have worked with. And 
I just wanted to appreciate you for that.
    Roadway fatalities, they are way up, 6.8 percent. And I 
know you have made this a priority, and obviously IIJA made 
this a priority, and some of the bills that I have been 
introducing for years were essentially incorporated into the 
Bipartisan Infrastructure Bill but, you know, Safe Streets for 
All, and Roads for All; that is all great, it is going to take 
a little bit of time.
    What do we do in the meantime? This is a really alarming 
trend, and more and more people are dying every year on the 
roads, and it is going the opposite direction of the policy 
that you have set.
    Secretary Buttigieg. That is exactly right, Chairman. One 
way of illustrating this, is that the air crash in China which 
grabbed world headlines for a few days represents roughly how 
many Americans we lose every single day to roadway deaths, and 
I think if that happened in any other sector of transportation, 
or of the economy at all, we would be up in arms. And we should 
be up in arms.
    We recently released the National Roadway Safety Strategy 
identifying short-, medium-, and long-term measures that can 
make a difference here, focused on safer vehicles, safer roads, 
safer drivers, safer speeds, and better post-crash care. And 
while some of those things are a matter of, for example, how an 
interchange or a crossing is designed, and of course programs 
like Safe Streets and Roads for All can help go toward that.
    Some of this can also be addressed in the shorter term, 
with the return to the roads, and more people on the road than 
we saw early in the pandemic, we are seeing less of some of the 
speeds that we saw then, but it would appear that there is a 
higher than ever rate of distracted driving, and that is one 
thing which might be susceptible to some technological 
approaches.
    For example, some cars now have equipment that reminds you 
if you are not paying attention. But also is a behavioral 
concern, and we want to use all of our resources, and all of 
our partnerships, civil society partnerships, state Departments 
of Transportation, anyone else that we have a reach to, as 
called for in the National Strategy.
    Senator Schatz. So do we have the data? I just want to ask 
you about the mobile phone thing, because it seems to me the, 
sort of, most obvious explanation for what is going on. Do we 
know it is that? Or do we just have an intuition at this point?
    Secretary Buttigieg. There are indications that this is 
playing a major role. I would like to gather more definite and 
hard data that we can use to, in a statistically valid way--
define how much of the share of the problem that it is.
    Senator Schatz. Sure. Right. But I don't want this to be 
like climate, where we are waiting for 99.8 percent scientific 
certainty when everybody pretty much knows what is happening. 
So we don't have any time. As you know, people are dying. So 
yes, let us get better fidelity and not just guess at this, but 
I think our instincts are going to be proven to be right, and 
then I do think we--there is probably a convening with the 
mobile carriers, and with the app stores, and all the rest of 
it, and the autos to try to figure out what we can do to reduce 
distracted driving. I think that would be the lowest hanging 
fruit in terms of reducing pedestrian deaths.

              RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT

    A final question for you: Given the requirements to 
establish the pilot program for rural and tribal infrastructure 
advancement that essentially provides the same TA, right. This 
isn't some new right, it is just saying, to the extent that you 
are providing technical assistance (TA) to rural communities, 
and especially tribal communities.
    I am really blessed for a number of reasons, but among them 
I am the chair of THUD, but also the chair of Indian Affairs. 
That means my two Vice Chairs are Susan and Lisa, I don't think 
anyone could be luckier. But it also means I have a 
particularly keen interest in native communities, and tribal 
communities. And they just don't get the TA.
    So I am worried that we can set this policy right, and yet 
your Department, it is not that they are bad people who don't 
want to service the tribal communities, it is just that you 
have got processes, and procedures, and relationships built 
over, probably, decades where they wouldn't even know where to 
start to implement this law. And unless someone is sort of 
standing over them saying: What are you doing to engage tribal 
communities? They may not even know that it is in the law; and 
so how are you going to see to it that this is implemented?
    Secretary Buttigieg. So this is one of the reasons why we 
have really stepped up tribal consultation and engagement, not 
just through interagency processes, where I am proud to play a 
role on behalf of the Department on the White House Council on 
Native American Affairs, but also directly in our office.
    Just yesterday, the interoffice had a couple of groups of 
tribal leaders come through for precisely this reason. The 
truth is it takes capacity and resources to get access to 
Federal resources. And we can do something about that, 
benefiting some of the most overburdened and underserved 
communities in the country, many of which are tribal.
    If we can only connect some of the dots to help ensure that 
they are aware of Federal opportunities, that they can 
successfully apply for, and successfully deploy them. And there 
is a compliance side on the backend where we need to be 
providing help too. So we are very conscious and cognizant of 
that, and committed to making that part of our technical 
assistance agenda, knowing just how important that will be in 
Indian Country, and across rural communities that have often 
been bewildered to the point of non-engagement by the 
complexity of accessing Federal funds.
    Senator Schatz. I will send you a follow-up letter on 
whichever letterhead we determine to be more influential.
    Senator Braun.

                   ENVIRONMENTAL REVIEW & PERMITTING

    Senator Braun. Thank you, Mr. Chairman.
    Good to see you again, fellow Hoosier, Mr. Secretary. It is 
a big discussion, infrastructure, in our State of Indiana, the 
crossroads of America. Of course I was in the Legislature when 
we came up with that wonderful idea that everybody complained 
about having skin in the game, the Community Crossings grants. 
I think that was 2000s, maybe '16. And I am sure South Bend 
took advantage of those, and it has been a really successful 
program.
    Now, the big issue, I think, on any transportation project 
that involves the Federal government, which is generally 80 
percent of the funding, we kick in 20 percent, I would love to 
see where you got engaging states that were willing to put more 
in, would maybe get preference on stuff, but inflation is by 
far the biggest issue we are dealing with.
    Macroeconomics of what we did out of uncertainty to put so 
much money into the economy, and that cat is out of the bag. 
And I remember when my home mortgage was 10 percent, and I was 
lucky I didn't wait 3 years later, and it could have been 18 
percent. I don't know where all that ends up, but we do have 
the ability to lower costs by streamlining.
    In the Trump administration, and I am one that wants to 
make sure that we, you know, take care of Mother Earth along 
the way; I just was scratching my head why, you know, we had a 
rule recently through NEPA that is going to make it, in my 
mind, a little more complicated. It is going to add to 
inflation. What was the need for doing that when we know a 
Federal involvement adds 10 to 20 percent to any project that 
the state ends up doing, to where it looks like it is going to 
protract it, maybe invite litigation. I would love to know the 
logic behind why we did that when we had something that seemed 
to be working pretty well?
    Secretary Buttigieg. So I am not sure I know which rule, or 
adjustment to the National Environmental Policy Act (NEPA) you 
have in mind, but broadly speaking, what I would say is that we 
want to make sure that the legitimate reasons why we have 
environmental review, are balanced with the need for project 
delivery to be as efficient as possible.
    And there are a few things we are doing to address that. 
One, of course the infrastructure law provides for codification 
of some of the One Federal Decision concepts. One of the first 
things that we did, one of the first acts that we worked on was 
a 60-day window to take a step related to Categorical 
Exclusions, for example, which of course allowed things to move 
very quickly through that environmental process.
    And another thing we found is that if the law stands as it 
is, there are better and worse ways to navigate it. And so we 
are seeking to engage communities and project sponsors early in 
the process knowing that some of their choices upfront could 
mean all the difference between whether making it through an 
environmental process takes twice as long as it has to or 
happens as efficiently as it could.
    Senator Braun. So back in 2017, the American Action Forum 
reviewed 148 projects. And this was right, I think before there 
was some of the streamlining. And at that time the collective 
cost was estimated to be $229 billion, and that is a large 
number compared to what we were actually spending on the 
Federal side.
    So I am hoping, you know what works in Indiana, and I think 
we mined the dollars pretty well. We were thoughtful, and back 
in 2017, and put a long-term funding plan out there based upon 
user fees, and that was, politically, even tough to do.
    I just really think that when we take added regulation and 
add it to what is already an inflated economy in terms of costs 
that it is going to delay getting the critical infrastructure 
done. And just wonder why we would want to add more to it at a 
time, you know, when inflation is now the number one issue that 
we are dealing with?
    Secretary Buttigieg. So the way I would view this, is that 
we need to meet a high standard of accountability, and have all 
of the checks and balances that go into that, and marry that 
with a high standard of efficiency.
    And I would hearken back to the Chairman's introductory 
remarks about how much more expensive projects in the U.S. tend 
to be compared with, for example, projects in Copenhagen.
    And one of the things that that makes clear is that it is 
not any less of a commitment to environmental and labor 
standards in some of those other countries that could fully 
account for the difference in cost, but the bottom line is that 
America struggles to deliver major projects in infrastructure 
on time and on budget.
    And any time any of the reasons for that are under our 
control as an agency, I am going to go after them 
energetically, because our responsibility, now that Congress 
has entrusted us with $1.2 trillion worth of funding, about 
half of which is for transportation, we have to make sure that 
the American people experience $1.2 trillion worth of value. 
And we know that won't happen on its own.
    Senator Braun. And finally with the good common sense that 
I think both of us bring from a state like Indiana, I can tell 
you it is not a good business plan, in the long run, if our 
balance sheet keeps getting projected into more and more debt. 
The trick in life is to allocate scarce resources, stick within 
something closer to a balanced budget, and it was disheartening 
to see recently that President Biden put a blueprint out there 
that takes us from our current $30 trillion in debt to $45 
trillion.
    That is not a good long-term business plan, because somehow 
we have got to find how to live more within our means, 
prioritize maybe defending our country, infrastructure, getting 
our entitlement programs, where they are going to be there for 
people that depend on them.
    That is not going to be what happens if we don't somehow 
find ways to reduce things and live within a budget that we are 
actually doing, and don't add debt down the road as far as we 
can see. Good talking to you again.
    Secretary Buttigieg. Likewise. Thank you.

                              SUPPLY CHAIN

    Senator Schatz. Senator Hoeven.
    Senator Hoeven. Thank you, Mr. Chairman.
    Secretary, I appreciate you being here today. Huge supply 
chain issues; tell me, in your opinion what are you doing to 
address the supply chain issues? Talk about why they are going 
to be effective, and in what timeframe are they going to be 
effective?
    Secretary Buttigieg. Well thank you. The supply chain 
concerns are obviously one of the top things that are on our 
mind and that we are working on, and let me begin with what has 
been effective in the work that we have done since the 
President's executive order last February, and the convenings 
that we held over the summer of last year.
    There are at least three dimensions of this on the freight 
mode side that are going to make a big difference, shipping, 
rail, and trucking. And we have assigned a number of actions 
against each category. One thing, for example, that made a big 
difference was working with the ports on measures that 
contributed to a 50 percent drop in long-dwell containers at 
the ports of L.A. and Long Beach, by taking steps to hold 
shippers accountable for those containers sitting there and 
causing delays in the system.
    A big part of it also has been public-private 
conversations. Data sharing, we found, has been a big issue 
among those different modes. And so I want to applaud, in 
particular, the players, I think who currently number about 18, 
ranging from the ports themselves to companies like True Value, 
and Albertsons, to shippers like FedEx and UPS, participating 
in our FLOW Program which is gathering data that most Americans 
might assume is already shared between different steps in the 
supply chain, but actually isn't, leading to inefficiencies 
which, in turn, increases shipping delays, shipping costs, and 
ultimately contributes to inflation.
    So these are some of the steps that we know are making a 
difference in the shorter term. For the longer term we think 
the best thing we can do is to enhance the public 
infrastructure that private companies operate on, as they move 
goods and freight across this country. And of course that is 
why we are working so hard in the context of this budget 
request, and throughout all of our activities, to deliver on 
what is possible under the Bipartisan Infrastructure Law.
    Senator Hoeven. When are we going to see some of these 
supply chain problems ameliorate? I mean talk in terms of 
specifics and timeframes in the near term, not the long term, 
because people are feeling that pain right now.
    Secretary Buttigieg. Well, again, one thing we have already 
experienced is the reduction in long-dwell containers. Another 
thing that we have seen is that if you look at the goods 
availability level in retail they are more or less at pre-
pandemic levels at this point. But we are still seeing a lot of 
pressure on the ability of supply and supply chains to keep up.
    I want to emphasize that is not because our ports, for 
example, are moving fewer goods. On the contrary, the goods 
movement, for example, through L.A., Long Beach, quarter 1 this 
year, was an all-time record high. So it is not that they are 
moving less, they are moving more. The trick is, the demand is 
even greater than that and the supply can't keep up.
    I would break this into two categories: The supply chains 
as such, goods movement in other words, and then there is just 
plain supply. When you look at some of the news about shutdowns 
in China, for example; that creates a whole other set of issues 
because you can't ship something that hasn't been produced. And 
that is one of the reasons why the President and the 
administration are placing such emphasis on building and making 
more things in America, so that a supplier or customer never 
gets the answer when they are wondering why something isn't 
ready, that it is sitting on a boat waiting to come over from 
China.
    Senator Hoeven. You mentioned though containers, our 
farmers are having a terrible time getting access to containers 
because in many cases they are going back empty.
    Secretary Buttigieg. Yes.
    Senator Hoeven. Rather than with the product, which is why 
I joined with Senators Thune, Klobuchar, and others, and we 
passed the Ocean Shipping Container Act through the Senate, we 
hope the House will concur with it. But giving the Federal 
Maritime Commission more authority, but we have got to get 
access to these containers and not have them going back empty. 
What can we do about that?
    Secretary Buttigieg. This is a great point. And our view is 
that that Ocean Shipping Reform Act could make a real 
difference here. In the meantime we are taking steps, like, 
working through that data exchange I mentioned to try to make 
sure it is more clearly communicated, when the last chance is 
to get a container loaded or filled so it doesn't go back 
empty. And measures like the Temporary Container Yards, we 
partnered with Georgia to make that possible for Savannah. I 
think Oakland is undertaking the same practice.
    Noting, as you said, that this is important, not just in 
terms of being able to get consumer goods shipped in, but being 
able to get our agricultural exports shipped out.
    Senator Hoeven. What are you doing specifically to make 
sure that the trucking is coordinated with the ports, and the 
containers, the rail, and the shipping, so that we keep 
increasing this throughput? You saw GDP growth last quarter was 
negative, and that is due to a number of things, one of which 
including inflation, but all that also is part of these supply 
chain issues.
    Secretary Buttigieg. Great point.
    Senator Hoeven. Those three, how are you bringing those 
three together, because that is very important?
    Secretary Buttigieg. Right. So I mentioned the ports action 
plan and the data sharing piece, I appreciate you raising the 
trucking issue, which is a very big one. Part of this is a 
labor issue, so the availability of truck drivers.
    My Department estimates 300,000 people leave that career 
every year, and we just can't afford that. Not when the ATA 
says that we are short 80,000.
    Senator Hoeven. So expediting getting people into those 
trucking jobs would really help. But back to the questions that 
Senator Braun was asking. We have got to cut. We can't have 
more regulation red tape, we have got to cut through this.
    Secretary Buttigieg. Agreed. And hopefully that means you 
will be pleased to hear about our work with state DMVs to 
reduce the red tape associated with CDLs, not compromising on 
the standards of safety, of course, but just making sure the 
process is less burdensome so we can get people safely into 
those driver's seats.
    Senator Hoeven. Thank you. Thank you, Mr. Chairman.
    Senator Schatz. Mr. Secretary, thank you for coming today 
to discuss the fiscal year 2023 Budget Request.

                     ADDITIONAL COMMITTEE QUESTIONS

    The hearing record will remain open, until Friday, May 6th, 
to allow members to submit additional questions for the record.
    [The following questions were not asked at the hearing, but 
were submitted to the Department for response subsequent to the 
hearing:]
              Questions Submitted by Senator Brian Schatz
    Question. The FAA Safety Management Systems (SMS) rulemaking will 
require aircraft manufactures to develop risk-based approach to manage 
and assess safety in the certification process. The rulemaking was one 
of the main recommendations from the 737 MAX crash investigations and 
was mandated by the Aircraft Certification Safety and Accountability 
Act.
    Mr. Secretary, can you provide an anticipated date for the FAA rule 
on safety management systems for aircraft manufacturers?
    Answer. The FAA is working to publish the Notice of Proposed 
Rulemaking (NPRM) by this winter. Both the NPRM and the final rule are 
expected to require coordination within the Department of 
Transportation (DOT) and Office of Management and Budget, specifically 
the Office of Information and Regulatory Affairs. While we expect 
numerous and substantive comments from the public, the FAA is working 
diligently to streamline the process to the maximum extent possible and 
meet its statutory mandate of issuing a final rule within 16 months 
after the close of the comment period.
    Question. The IIJA included historic increases in spending for all 
modes of transportation and created dozens of new programs that have to 
be set up for the first time. The IIJA did provide some staffing 
increases, but not across the board. Many stakeholders are already 
expressing concerns with the delays in issuing notice of funding 
opportunities (NOFOs) for competitive grant programs, and delays in 
issuing guidance for formula programs. Further, industry is seriously 
struggling to secure the frontline work force for major construction 
projects from cradle to grave in project execution.
    Mr. Secretary, what challenges are the Department and industry 
facing in securing the workforce capable of executing the IIJA and what 
initiatives are you proposing to help?
    Answer. The Department is facing a very competitive job market for 
talent, not only with the private sector and industry, but also with 
other Federal, state and local governments. DOT has taken several 
significant actions to address these challenges, including working 
closely with the Office of Personnel Management to increase our hiring 
flexibilities. DOT is also expanding its recruitment program, 
increasing use of internship programs, and identifying more 
opportunities to hire at the entry level to better secure a strong 
workforce for the future.

    Additionally, the Department is taking action to address frontline 
workforce gaps in construction. For example:

  --First, DOT signed a memorandum of understanding (MOU) with the 
        Department of Labor (DOL), which creates a cross-agency work 
        group on Equitable and Effective Workforce Development. This 
        workgroup is focusing on (a) identifying priority workforce 
        gaps and (b) expanding proven workforce best practices and 
        sharing them with States, localities, and other entities. DOT 
        is also working with the DOL to encourage workforce boards and 
        other partners to prioritize the construction workforce in 
        their recruiting and training initiatives.

  --Second, DOT is continuing to provide information to State DOTs 
        about how they can use their funding to create or scale 
        workforce training programs. DOT also created a Q&A with the 
        Department of Labor on how state DOTs can expand and diversify 
        apprenticeship programs.

  --Third, DOT is integrating job quality and workforce priorities into 
        our discretionary funding. DOT has encouraged applicants to 
        support the creation of good-paying jobs with the free and fair 
        choice to join a union, to incorporate strong labor standards, 
        and to support training and placement programs that create 
        opportunities for all workers. DOT has embedded these goals 
        into discretionary grants like the Infrastructure for 
        Rebuilding America (INFRA), Rebuilding America's Infrastructure 
        Sustainably and Equitably (RAISE), Airport Terminal Program 
        (ATP), and the Federal Contract Tower (FCT) component of the 
        Airport Infrastructure Grants (AIG) programs.

                                 ______
                                 

              Questions Submitted by Senator Patty Murray
                      gender equity in auto safety
    Question. Currently, the National Highway Traffic Safety 
Administration (NHTSA) only utilizes male crash dummies in testing 
conducted under its New Car Assessment Program. This practice ignores 
the fact that male and female bodies experience different impacts in 
crash scenarios as a result of anatomical differences1 and that women 
are 17 percent more likely to die and 73 percent more likely to be 
seriously injured in a vehicle crash than men. Earlier this month I, 
along with several of my colleagues, sent a letter to Acting 
Administrator Cliff urging NHTSA highlighting these disparities and 
urging the agency to integrate female crash test dummies into its 
current testing regime.
    Given your commitment to making the nation's transportation system 
safer and more equitable, what steps can the Department take to address 
this critical issue?
    Answer. It is unacceptable for women in crashes to face a greater 
risk of injury or fatality than men, and NHTSA remains committed to 
confronting and ending any such gender disparities in crash outcomes. 
NHTSA's National Center for Statistics and Analysis recently released 
important research examining gender disparities in crash fatalities 
involving like crashes. The new study contains encouraging findings on 
reductions in disparities in newer model year (MY) vehicles. The 
overall difference in fatality risk between male and female occupants 
dropped from 18.3 percent for MY 1960-2009 vehicles to 2.9 percent for 
MY 2015-2020 vehicles. While this reduction is noteworthy, the 
remaining disparity is unacceptable.
    NHTSA tests female dummies in the same seating positions as male 
dummies where occupant body type has a bearing on crash outcome. The 
dummies used in crash tests are selected to address safety concerns 
identified in field and test data accounting for occupant demographics, 
occupant seating positions, and crash direction and speed.
    Currently, NHTSA uses two adult female crash dummies: the Hybrid 
III 5th Percentile Adult Female Frontal Crash Test Dummy (HIII-05F) and 
the Side Impact Dummy (SID)-IIs 5th Percentile Adult Female Side Crash 
Test Dummy (SID-IIs). NHTSA also uses two adult male crash test 
dummies: The Hybrid III 50th Percentile Adult Male Frontal Crash Test 
Dummy (HIII-50M) and the EuroSID-2 with Rib Extensions 50th Percentile 
Adult Male Side Crash Test Dummy (ES2re). Additionally, there are seven 
child crash test dummies that are detailed in full, in the Interim 
Report to Congress on Crash Test Dummies. The dummies used in crash 
tests are selected to address safety concerns identified in field and 
test data accounting for occupant demographics, occupant seating 
positions, and crash direction and speed.
    There are new, more advanced, female dummies that are currently 
under development and that hold great promise for improving safety. 
They include the Test Device for Human Occupant Restraint (THOR) 5th 
Percentile Adult Female Frontal Crash Test Dummy (THOR-05F) and the 
World Side Impact Dummy (WorldSID) 5th Percentile Adult Female Side 
Crash Test Dummy (WorldSID-05F). The THOR-05F features improved 
measurement capabilities over the current model, including face loads, 
clavicle loads, thorax displacement, abdominal pressure, acetabulum 
loads, and ankle displacements and loads. Under this administration, 
NHTSA has accelerated the development of these dummies for use in the 
FMVSS and NCAP. However, through testing of the prototypes, NHTSA has 
identified issues with bio-fidelity and replicable results that must be 
rectified prior to issuing final specifications. NHTSA is working with 
the dummy developer to address these design issues with the goal of 
issuing an NPRM in 2023.
             grant competitiveness for medium-sized cities
    Question. It is great to see the Department is prioritizing rural 
and underserved communities. One of the concerns I hear most often is 
from medium-sized cities that struggle to compete against larger urban 
areas but are not small enough to be designated as rural.
    Can you speak to some of the specific steps the Department is 
taking to assist medium-sized communities to ensure they are successful 
in competing for the new grant dollars being made available through the 
bipartisan infrastructure law?
    Answer. The Department is working to ensure that the once-in-a-
generation investments in the Infrastructure Investment and Jobs Act 
(IIJA) reach communities of all sizes. The IIJA includes several new 
and expanded programs that will benefit midsized cities. For example, 
the Strengthening Mobility and Revolutionizing Transportation (SMART) 
discretionary grant program provides supplemental funding grants to 
rural, midsized, and large communities to conduct demonstration 
projects focused on advanced smart city or community technologies and 
systems in a variety of communities to improve transportation 
efficiency and safety. With an authorized funding amount of $100 
million annually, the SMART grant includes a 30 percent set-aside for 
midsize communities up to 400,000. Another example from the IIJA is the 
Airport Terminal Program (ATP) discretionary grant program, which 
specifically requires not more than 20 percent of the $1 billion in 
annual funds be spent for projects at small hub airports and not less 
than 10 percent for nonhub and nonprimary airports. Many of these 
smaller airports are in medium-sized communities.
    Additionally--and depending on population size--some midsized 
communities may meet program-specific requirements to be designated as 
rural. Both the Infrastructure for Rebuilding America (INFRA) and 
Rebuilding America's Infrastructure Sustainably and Equitably (RAISE) 
programs define rural projects as being located outside of a U.S. 
Census-designated urbanized area with a population of 200,000 or more, 
while the Transportation Infrastructure Finance and Innovation Act 
(TIFIA) loan program utilizes a population threshold of 150,000.

                                 ______
                                 

            Questions Submitted by Senator Dianne Feinstein
                          emissions standards
    Question. I appreciate the Administration recognizing California's 
unique authority under the Clean Air Act, which grants my state, and 
the 16 other states that follow us, the authority to set ambitious 
emission standards. federally preempted and other sources of air 
pollution, such as freight locomotives, on-road and off-road heavy duty 
vehicles and shipping and aviation will soon make up a larger share 
than sources under state control. But the Administration must do more 
so California is not subject to onerous sanctions for having too many 
dangerous air pollutants.
    Will you continue to work with California to set the strongest 
possible standards for all transportation sources?
    Answer. The Department values our relationship with the California 
Air Resources Board (CARB) and will continue to work with CARB on 
issues of mutual concern.
                     large infrastructure projects
    Question. I am pleased that California has aggressive plans to take 
advantage of last year's historic infrastructure bill, including 
through mass transit and airport upgrades--to name a few, Los Angeles' 
``28 by 28'' for the 2028 Summer Olympics, BART's expansion to Silicon 
Valley, the electrification of Caltrain, and improvements to Los 
Angeles and San Francisco airports. I encourage you to meet with 
project sponsors, especially Caltrain, as issues arise.
    Some of these projects have experienced COVID-related delays, while 
others, like LAX, are planning public-private partnerships for their 
upgrades. Will the Department of Transportation work to make sure these 
projects are completed as contemplated by the infrastructure bill, 
including through efficient obligations of appropriations?
    Answer. The Department is committed to ensuring that Federal funds 
are distributed to communities as quickly as possible. Funding provided 
by IIJA represents an important opportunity for the Department to 
invest in much needed infrastructure improvements. The Department will 
work with project sponsors to advance projects as expeditiously as 
possible and will provide assistance when issues arise.
    The Department is also aware that economic conditions, along with 
delays related to the COVID-19 global pandemic, are having an impact on 
the cost and schedule of certain projects. The Department continues to 
monitor federally funded projects and will work with sponsors to help 
mitigate these impacts as much as possible, so that these much-needed 
projects are delivered to the public.
                            high speed rail
    Question. California is home to 40 million people and large transit 
systems that move millions of people each year. Construction is 
underway now in California on the nation's first truly high-speed rail 
project.
    What approach are you taking to ensure new Federal funds can be 
distributed in a manner to get big projects such as high speed rail 
done?
    Answer. The IIJA provides unprecedented Federal funding for rail 
improvement projects in America. Over the next 5 years, that means 
greatly expanding existing FRA programs and creating new programs to 
enhance our nation's rail network. The IIJA includes $102 billion in 
total rail funding, including $66 billion from advanced appropriations, 
and $36 billion in authorized funding.
    The Federal-State Partnership for Intercity Passenger Rail Grant 
Program specifically provides $12 billion in advanced appropriations 
over the next 5 years for intercity passenger transportation projects 
outside the Northeast Corridor. This funding will assist projects that 
improve intercity passenger rail service performance, including reduced 
trip times, increased train frequencies, higher operating speeds, 
improved reliability, expanded capacity, reduced congestion, and 
electrification, for example. In addition, this funding will assist in 
developing new or expanded intercity passenger rail, such as California 
High Speed Rail.
    Question. Will you consider making multi-year commitments up front 
to projects that are large and transformational so work can advance 
with certainty of funding over multiple funding cycles?
    Answer. FRA will consider supporting larger projects with the 
available tools outlined in IIJA, such as Phased Funding Agreements or 
Letters of Intent if appropriate. These tools can allow recipients of 
Federal-State Partnership for Intercity Passenger Rail Grant Program 
funding to advance projects through the project lifecycle with a higher 
degree of certainty that Federal funds will be available to complete 
the project.
                       longer and heavier trucks
    Question. California hosts several of the nation's largest ports 
and goods movement corridors. Although I am proud of California's 
critical role in this industry, our state also bears the brunt of much 
of this use on our highway infrastructure. Bigger trucks are safety 
risks, increase air pollution and greenhouse gas emissions, and lead to 
greater wear and tear on roads. Other solutions, like moving goods and 
freight by rail, are important alternatives.
    What is the Department doing to address the environmental and 
infrastructure problems that longer and heavier trucks pose to 
communities?
    Answer. Federal statute (23 U.S.C. 127(a)) establishes Federal 
vehicle weight limitations on the Interstate System and vehicle length 
on the National Network. Because of the critical importance of the 
safety of the traveling public and preserving the integrity of our 
Nation's bridges and roadway infrastructure, there are no waivers of 
Federal statutes limiting vehicle weight or length. FHWA has no 
authority to modify, extend special permit authorities, or waive permit 
or truck weight or length requirements.
    In addition, implementation of IIJA allows for multimodal 
improvements to our goods moving infrastructure. As a result, port, 
rail and even air freight movement will share the infrastructure burden 
borne by our highway infrastructure. The IIJA also expands the most 
environmentally sound and equitable transportation solutions to ensure 
an effective and once-in-a-generation investment in our infrastructure.

                                 ______
                                 

               Questions Submitted by Senator Joe Manchin
    Question. During my time in the Senate, I've fought to keep ticket 
agents in West Virginia, save the New River Train, and expand rail 
service that keeps my state connected to the rest of the nation. We 
have two Amtrak lines that stop in West Virginia, the Capitol Limited, 
which runs through our Eastern and Northern Panhandles, and the 
Cardinal, which runs from New York City to Chicago and traverses much 
of the southern portion of the state--from the Summit Bechtel National 
Scout Reserve, the State Capitol in Charleston, to Marshall University 
in Huntington. The Cardinal line is also notable as the only train with 
an Amtrak stop inside of a National Park--the New River Gorge National 
Park and Preserve--in the entire United States. Unfortunately, it is 
also one of two lines in the entire country that only runs 3 days per 
week.
    Any form of transportation needs reliable service or people will 
stop using it, and it makes no sense to me that West Virginia shouldn't 
have the same consistent service as the rest of the country. That's why 
I'm proud to say that I was able to authorize language in the 
infrastructure bill requiring the Federal Railroad Administration to 
evaluate ways to restore daily service on the Cardinal.
    Can I count on you and your team to work with me to look at ways 
restore daily intercity rail service to West Virginia?
    Answer. The fiscal year 2023 President's Budget requests $3 billion 
for Amtrak, including $1.8 billion for the National Network. This 
funding represents a nearly $670 million increase over Amtrak's fiscal 
year 2022 base appropriation. This funding is intended to help reverse 
decades of underinvestment in Amtrak and will help:

  --Bring all Amtrak-owned stations into compliance with the Americans 
        with Disabilities Act;

  --Replace Amtrak's aging fleet of obsolete rail cars and locomotives; 
        and

  --Bring all maintenance facilities and Amtrak-owned infrastructure 
        located off the NEC into a state of good repair and make 
        progress in reducing the state of good repair backlog on the 
        NEC.

In addition:

  --The Federal Railroad Administration (FRA) has begun the process for 
        conducting the Amtrak Long Distance Study that will evaluate 
        the restoration of daily intercity passenger rail service on 
        discontinued routes, or those, like the Cardinal, that are not 
        operating daily.

  --As part of FRA's commitment to bringing world-class passenger rail 
        to regions across the United States, FRA established the 
        framework for the Corridor Identification and Development 
        (Corridor ID) program on May 13, 2022. The Corridor ID program 
        will create the foundational framework for increasing the 
        frequency of long-distance services and restoring service over 
        any route formerly operated by Amtrak.

  --FRA provides funding opportunities, such as the Restoration & 
        Enhancement grant and the Federal-State Partnership for 
        Intercity Passenger Rail grant programs, that could be used to 
        help restore or create new passenger rail service across the 
        country.

    Question. Mr. Secretary, as you know, resilient Positioning 
Navigation and Timing (PNT) supports critical infrastructure in the 
U.S. transportation and logistics sectors but is essential for our 
national and economic security. The primary and most recognizable PNT 
service supporting critical infrastructure is the Global Positioning 
System (GPS).
    I am deeply alarmed by the reports of Russia interfering with U.S.-
provided GPS signals. In November, Russia successfully destroyed one of 
its defunct satellites (Cosmos 1408) in an apparent show of its new 
anti-satellite capabilities. Soon after, Russian state-run television 
indicated that Russia is capable of destroying all 32 U.S. GPS 
satellites, which are also used by NATO, although the November test did 
not demonstrate such a capability.
    The Department and others throughout the Administration have been 
studying this issue for decades. What is the status of backup GPS in 
light of documented concerns over jamming and spoofing and can you 
share the timeline for the Department's action on operational testing?
    Answer. As part of the fiscal year 2022 President's Budget, DOT 
proposed a $17 million investment to support a more resilient civil GPS 
and to enable more responsible Positioning, Navigation, and Timing 
(PNT) usage. The fiscal year 2022 Omnibus provided an additional $5 
million above the fiscal year 2022 request for the implementation of 
the Complementary PNT and GPS Backup Technologies Demonstration Report, 
published in January 2021.

    Implementation of fiscal year 2022 funding supports two significant 
PNT resilience efforts:

  --$15 million for implementation of the recommendations of the 
        Complementary PNT and GPS Backup Technologies Demonstration 
        Report.

  --$7 million to develop capabilities for civil GPS performance 
        monitoring and interference detection, and signal 
        authentication. This work is in support of implementation of 
        Executive Order 13905, ``Strengthening National Resilience 
        Through Responsible Use of Positioning, Navigation, and Timing 
        Services,'' which provided new requirements for responsible PNT 
        usage.

    DOT's focus is on facilitating adoption of complementary PNT 
technologies into end-user applications by developing a similar level 
of standards, resiliency and vulnerability testing, and performance 
monitoring as exists for GPS. DOT convened a Complementary PNT Industry 
Roundtable on August 4, 2022, to bring PNT service providers and 
Critical Infrastructure users together to discuss facilitating adoption 
of technologies so users are assured that they will get the GPS backup 
and/or Complementary PNT services they need to operate safely.

  --It will take a combination of the awareness of PNT vulnerabilities, 
        vulnerability testing, and critical infrastructure owner/
        operator investment to ensure the transition from 
        experimentation to actual adoption of Complementary PNT 
        services and products.

  --DOT is developing an action plan of concrete recommendations from 
        the roundtable on how to make demonstratable progress on the 
        adoption of Complementary PNT capabilities by owners and 
        operators of critical infrastructure.

    DOT, in coordination with DHS, is developing standardized PNT 
contract language to require Federal adoption of resilient PNT 
solutions into transportation and other critical infrastructure sectors 
applications. The intent is that once PNT resilience Federal contract 
language is developed, it will be adopted by end users in the 
Transportation Systems Sector. An example of where this contract 
language will be applied is through a pilot program with the Maritime 
Administration (MARAD) focused on GPS jamming and spoofing detection 
and mitigation capabilities in Ready Reserve Force Fleet vessels.
    Question. Secretary Buttigieg, dangerous behaviors like impaired 
driving threatens the safety of all road users, not just individual 
drivers.
    Unfortunately, our nation continues to experience a crippling 
substance abuse epidemic, particularly with prescription opioids. And 
the trucking industry is not immune from this problem. Since its 
inception in January 2020, more than 120,000 violations have been 
reported to FMCSA's Drug and Alcohol Clearinghouse. This is a sharp 
reminder that drug-impaired driving continues to pose a tremendous 
safety risk to our citizens.
    Hair testing is a proven and effective method for detecting illegal 
drug use. Federal acceptance of hair testing would allow employers to 
identify a greater number of safety- sensitive employees who violate 
Federal drug testing regulations, and it would allow motor carriers to 
report positive test results to the Drug and Alcohol Clearinghouse--
which they are currently unable to do.
    Mr. Secretary, to help keep unsafe drivers off the road, would you 
support a collaboration between FMCSA and an accredited University 
Transportation Center to study the efficacy and benefits of hair 
testing and address its implications for improving transportation and 
commercial motor vehicle safety?
    Answer. FMCSA drug and alcohol use and testing regulations are 
authorized by the Omnibus Transportation Employee Testing Act of 1991 
(OTETA), codified at 49 U.S.C. 31306. Section 31306(c)(2) requires that 
DOT follow the Department of Health and Human Services' (HHS) Mandatory 
Guidelines for technical and scientific testing issues. Thus, while DOT 
has discretion concerning many aspects of testing in the transportation 
industries' regulated programs, we must follow the HHS Mandatory 
Guidelines for the laboratory standards and procedures used for 
regulated testing.
    HHS issued proposed Mandatory Guidelines for Federal Workplace Drug 
Testing Using Hair (HMG) in September 2020 (85 FR 56108) (Sept. 10, 
2020). HHS received a high volume of comments, including studies and 
data, addressing the efficacy of hair testing. We understand that HHS 
is currently evaluating the comments and data received. Once HHS has 
published final mandatory guidelines, DOT's Office of Drug and Alcohol 
Policy and Compliance will conduct the required rulemaking to 
incorporate the hair testing guidelines into our DOT-wide testing 
regulations, which FMCSA must follow.
    Question. When it comes to the battery supply chain, China is 
responsible for 80 percent of the world's battery material processing, 
60 percent of the world's cathode production, 80 percent of the world's 
anode production, and 75 percent of the world's lithium ion battery 
cell production. They've cornered the market.
    As the sector responsible for the largest portion of total U.S. 
greenhouse gas emissions, there is no question that we need to be doing 
all that we can to reduce emissions in the transportation sector. EVs 
certainly have a role to play in addressing those emissions but with 
China's dominance over the critical minerals required for EVs, I have 
grave concerns about moving too quickly toward an EV-only future.
    Secretary Buttigieg, I know you have been a strong supporter of a 
transition to electric vehicles so I am curious to hear your thoughts 
about how you reconcile that with our overreliance on foreign supply 
chains?
    Answer. The Administration is diligently working to develop a 
domestic lithium battery supply chain that creates jobs in the U.S. In 
June 2021, the Federal Consortium on Advanced Batteries (FCAB), chaired 
by the Department of Energy, issued the National Blueprint for Lithium 
Batteries. Securing access to raw and refined materials, including 
through domestic sources, is one of the primary goals identified in the 
blueprint. The Department is supporting those efforts led by the 
Department of Energy.
    Question. Is this an issue that your Department is looking into? 
Can your Department play a role in this?
    Answer. The Department is supporting the Administration efforts, 
led by the Department of Energy, to develop a domestic lithium battery 
supply chain that creates jobs in the U.S.
    Question. Your Department will be responsible for allocating $2.5 
billion in funding to strategically deploy publicly accessible electric 
vehicle charging infrastructure, hydrogen fueling infrastructure, 
propane fueling infrastructure, and natural gas fueling infrastructure 
along designated alternative fuel corridors or in certain other 
accessible locations through the Bipartisan Infrastructure Law.
    Given the administration's affinity toward battery electric 
vehicles and the high cost to deploy certain alternative fuel stations 
such as hydrogen refueling stations in comparison to EV charging 
stations, I am worried that this funding will only be used for EV 
chargers.
    Can you assure me that your Department will actually use this 
funding on other alternative fuel refueling stations?
    Answer. The Department commits to evaluating applications for 
charging, hydrogen, propane, and natural gas fueling infrastructure 
fairly and consistent with the law. The IIJA required the Department of 
Transportation to designate the sixth round of alternative fuel 
corridors (AFC). The Federal Highway Administration (FHWA) released the 
sixth round of requests for AFC nominations (RFN) on February 10, 2022. 
AFC nominations were due from State and local officials to FHWA by May 
13, 2022. The sixth RFN includes criteria for all alternative fuels 
which include electric vehicle (EV) charging and hydrogen, propane, and 
natural gas (compressed natural gas and liquified natural gas) fueling 
infrastructure. Round 6 designations were subsequently announced on 
July 5, 2022, and included--in addition to EV corridor-ready and 
corridor-pending designated highways--nine compressed natural gas 
(CNG), nine liquified natural gas (LNG), 11 propane, and 30 hydrogen 
corridor-pending corridors, as well as three CNG and four propane 
corridor-ready highways.
    Both National Electric Vehicle Infrastructure (NEVI) Formula 
Program and Charging and Fueling Infrastructure (CFI) discretionary 
funds are directed to focus on designated AFCs in order to build out a 
convenient, reliable, affordable, and equitable public charging 
network. With the completion of the Round 6 designations, FHWA has made 
a total of 1,549 AFC designations that are eligible to receive NEVI and 
CFI funding, including numerous CNG, LNG, propane, and hydrogen 
corridors.
    Question. One of the key priorities for my state is the completion 
of Corridor H, which will connect I-81 in Virginia to I-79 in West 
Virginia. We've been working on it for 56 years, but we have almost 90 
percent funded or completed. I was proud to secure nearly $200 million 
in the bipartisan infrastructure bill, and the state has set an 
aggressive schedule to complete it soon. This could have huge economic 
benefits, but only if it is actually completed in a timely fashion. A 
big reason Corridor H has taken decades to finish has been permitting 
challenges. We've had bats and salamanders and flowers that have held 
up construction for decades. The entire route had to be moved after 
lawsuits in the early 2000s, and just 6 years ago, a begonia plant 
caused another realignment in the area currently under construction.
    The good news is that the infrastructure bill also includes 
language to expedite the permitting processes for these projects so 
they are not held up for years. This ``One Federal Decision'' language 
requires each project to have a lead agency responsible for navigating 
the project through the NEPA process and establishes a 2-year deadline 
for decisions. Unfortunately, I've heard that the implementation could 
take years. We can't wait that long.
    We need your help on Corridor H. Will you work with me to make sure 
it doesn't get mired in red tape?
    Answer. Yes, I commit to working with you to make sure the project 
is completed in accordance with the law and as expeditiously as 
possible.
    Question. Where does the implementation of the One Federal Decision 
currently stand?
    Answer. An efficient environmental review process is a critical 
element in the timely delivery of projects under IIJA. DOT will 
continue to coordinate with its Federal partners to eliminate needless 
delays in project reviews to ensure that the benefits of these projects 
are realized as soon as possible. Because many of the principles within 
One Federal Decision were codified within Section 139 of Title 23, 
United States Code, including coordinating early with cooperating 
agencies and preparing a single NEPA document, DOT staff is already 
implementing these practices, including performance accountability for 
major projects, deadlines for completing authorization decisions for 
major projects, and page limit requirements for environmental 
documents. In September, DOT published Frequently Asked Questions (FAQ) 
that included information on One Federal Decision under IIJA. A link to 
the FAQs is provided here: https://www.environment.fhwa.dot.gov/
legislation/authorizations/bil/bil_qa.aspx
    Question. The $1.2 trillion law reauthorizes surface transportation 
programs for 5 years and invests $350 billion in highway programs, 
including $110 billion in additional funding to support our roads and 
bridges. In seeking to implement the law that we authored, the Federal 
Highways Administration issued a memo in December 2021 directing staff 
to encourage state DOTs to use new Federal infrastructure dollars to 
prioritize repairs, safety, and projects encouraging other forms of 
transportation over highway expansions.
    I know you've heard a lot on this memo, but I also think you can 
understand why this memo would make people think the Administration is 
trying to reintroduce partisan policies through the regulatory process. 
For example, the FHWA guidance is similar to the ``Fix It First'' 
provisions in the House version of the surface transportation bill, 
which we ultimately rejected because it didn't have bipartisan support.
    I sent your office a letter for clarification on the memo, and I 
appreciate your confirmation that all DOT programs will follow Federal 
Law and Congressional intent.
    Secretary, what can I tell officials in my state when they ask me 
whether DOT is trying to add back in legislation that we explicitly 
rejected in the infrastructure bill?
    Answer. The Department recognizes the authority of the States to 
select which projects are to be financed with Federal-aid highway funds 
in accordance with 23 U.S.C. 145. The memo was not addressed to State 
DOTs or Governors and was not a directive to them. As the memo itself 
reminds FHWA staff, ``States and other Federal-aid recipients 
ultimately select'' which projects to build with their formula Federal-
aid funding. FHWA does not have, and has not asserted, the authority to 
change the structure of the Federal-aid funding system, which is State 
administered and federally funded. There are no mandates or 
prohibitions in the memo. Rather, it refers to common-sense priorities 
and asks FHWA staff to encourage State decision-makers to consider 
opportunities for forward-looking investments.
    Question. I recently joined Congressman McKinley on a letter to the 
Federal Highways Administration asking them to swiftly review a 
proposed interchange on Interstate 79 near Morgantown, West Virginia. 
This project is really needed to continue economic development in the 
area, and I applaud Congressman McKinley for leading this effort.
    The proposed interchange would provide a much easier route for 
traffic from the Morgantown Industrial Park to both I-79 and I-68. Last 
year, I was proud to help secure $2 million for a waterline extension 
through the Economic Development Administration to spur investment at 
the Morgantown Industrial Park. This was the first project awarded Coal 
Communities funding through the American Rescue Plan.
    As a result of these efforts and others, truck traffic is expected 
to increase dramatically to and from the Industrial Park. The site 
already has barge and rail access, so this is the missing piece of the 
puzzle.
    Will you work with me to make sure the review of the Harmony Grove 
Interchange is completed as quickly as possible?
    Answer. Yes, I commit to working with you to make sure the review 
is completed in accordance with the law and as expeditiously as 
possible.

                                 ______
                                 

            Questions Submitted by Senator Patrick J. Leahy
    Question. The Infrastructure Investment and Jobs Act (IIJA) offers 
a once-in-a-generation vision to revitalize and modernize 
infrastructure in communities throughout the country. The discretionary 
grants made available through programs, such as Rebuilding American 
Infrastructure with Sustainability and Equity (RAISE) grants, are 
particularly important for rural communities like those in Vermont, 
where it can be difficult to fund critically needed infrastructure 
project. The IIJA provides $7.5 billion for the RAISE program, which 
supports surface transportation projects of local and/or regional 
significance.
    How will the DOT ensure that the RAISE program promotes rural 
competitiveness?
    Answer. The Department is working to ensure that the once-in-a-
generation investments in the Infrastructure Investment and Jobs Act 
(IIJA) reach rural and other underserved communities and will continue 
to administer its discretionary programs in accordance with statutory 
requirements. The IIJA and the fiscal year 2022 Appropriations Act 
direct a 50-50 rural-urban split for the RAISE program, which funds 
surface transportation infrastructure projects with a significant local 
or regional impact. This split helps ensure that the RAISE program 
promotes rural competitiveness, and we are committed to fulfilling that 
promise.
    Question. How will the DOT utilize the RAISE program to improve and 
modernize infrastructure in rural communities throughout the country 
that do not have access to the resources necessary to meet the Federal 
Cost Share requirements?
    Answer. As stated in IIJA, rural applications under the RAISE 
program are eligible to request up to 100 percent of the total project 
cost in RAISE grant funding. Those rural projects are not required to 
include any matching/non-Federal funds.
    Question. How will the DOT balance the needs of more populated, 
urban communities with larger proposals closer to the program's cap 
compared to the needs of smaller, more rural communities that have 
proposed multiple smaller projects?
    Answer. The Department understands that discretionary grant 
programs are an important tool for addressing infrastructure needs in 
communities of all sizes. The Department takes care to fairly evaluate 
applications in context, from very small rural communities to large 
metropolises and everything in-between.
    Question. As costs of electric vehicle (EV) technology continue to 
incrementally decrease, it has become easier and easier for more 
Americans to purchase EVs. However, in parts of the country where 
colder temperatures reduce battery range, many buyers are apprehensive 
to buy an EV. Reduced battery range is a significant obstacle in cold, 
rural, and car-dependent communities, like those in Vermont.
    The substantial funding outlined in the Bipartisan Infrastructure 
Law will help to remedy this challenge through competitive and formula-
based grant programs like the National Electric Vehicle Infrastructure 
(NEVI) Program and Charging and Fueling Infrastructure (CFI) Grant 
Program. The Department of Transportation's fiscal year 2023 budget 
proposal includes a request for $400 million in funding for the CFI 
Grant program, as well as $1 billion in advanced appropriations for the 
NEVI Program.
    How will the DOT ensure that EV charging infrastructure funding 
disbursed through the competitive CFI Grant Program is appropriately 
disbursed to allow the most car-dependent communities--specifically in 
colder and rural areas--to transition to zero emission transportation?
    Answer. Communities across the United States will have different 
needs when it comes to EV charging, and the CFI Grant Program can help 
build out a national network that serves the unique needs of colder, 
more rural communities, particularly as battery technology improves.
    The electric vehicle (EV) charging provisions in IIJA will help 
tackle the climate crisis and put us on a path to a nationwide network 
of 500,000 EV chargers by 2030 that ensures a convenient, reliable, 
affordable, and equitable charging experience for all users. The $2.5 
billion Discretionary Grant Program for Charging and Fueling 
Infrastructure will strategically deploy publicly accessible EV 
charging infrastructure and hydrogen, propane, and natural gas fueling 
infrastructure. These discretionary grant funds will ensure charger 
deployment meets the Administration's priorities, such as supporting 
rural charging, building resilient infrastructure, climate change, and 
increasing EV charging access in underserved and overburdened 
communities.
    Fifty percent of total program funds will be made available for 
charging and fueling infrastructure along designated Alternative Fuel 
Corridors. The other 50 percent of total program funds will be made 
available for Community Grants to install EV charging and alternative 
fueling infrastructure in locations on public roads or other publicly 
accessible locations, such as schools, parks, and parking facilities. 
These grants will be prioritized for rural areas, low-and moderate-
income neighborhoods, and communities with low ratios of private 
parking spaces to households, or high ratios of multiunit dwellings to 
single family homes. The IIJA requires the Department to ensure, to the 
maximum extent practicable, geographic diversity among grant recipients 
to ensure that EV charging and alternative fueling infrastructure is 
available throughout the United States.
    Question. Unmanned aircraft systems (UAS) have become an integral 
aspect of national and international disaster preparedness response. 
UAS research funding provided by the Department of Transportation have 
aided the development of comprehensive research programs at educational 
institutions throughout the country, including at the University of 
Vermont (UVM). Specifically, the Transportation Research Center at UVM 
has deployed UAS research funding to support a number of real-world 
applications including partnering with the Vermont Agency of 
Transportation on disaster preparedness and training the New Hampshire 
Department of Transportation on the use of UAS in disaster response.
    The Department of Transportation's budget request for fiscal year 
2023 does not specify a funding request for UAS research. In its fiscal 
year 22 request, the DOT asked for just over$22 million to fund UAS 
research.
    How does the DOT intend to support UAS research moving forward and 
maintain the role of transportation research centers in improving our 
transit systems and utilizing new technologies like UAS to aid disaster 
preparedness and response?
    Answer. The FAA's UAS research is foundational to its UAS 
integration efforts. The FAA strategically plans and sponsors UAS 
research to help inform its policies, procedures, regulations, and 
operations. In order to continue support for UAS research, DOT and 
FAA's fiscal year (FY) 2023 budget request included $14.9 million to 
fund UAS research.
    The FAA has partnerships with its dedicated Center of Excellence 
for UAS Research: Alliance for System Safety of UAS through Research 
Excellence (ASSURE), NASA, numerous Federal agencies, UAS Test Sites, 
federally Funded Research and Development Centers (FFRDCs), industry, 
academia, independent research organizations, and domestic and 
international standards groups. The FAA has awarded approximately $8 
million in grant funding to ASSURE since fiscal year 2018 and plans to 
award an additional $2 million in fiscal year 2023, all to conduct 
disaster preparedness and emergency response research.
    In fiscal year 2020, ASSURE began leveraging the research expertise 
of the University of Vermont (UVM), including its Transportation 
Research Center assets to execute the FAA's research requirement to 
examine the use of UAS for disaster preparedness and emergency 
response. In support of the value DOT/FAA places on the role of 
transportation centers like the Transportation Research Center at UVM, 
ASSURE officially expanded its consortium of principal universities in 
January 2022 with the inclusion of UVM.

                                 ______
                                 

            Questions Submitted by Senator Susan M. Collins
                             usmma sea year
    Question. This past fall an anonymous U.S. Merchant Marine Academy 
(USMMA) cadet reported a heinous act of sexual assault. In response, 
the Department temporarily suspended Sea Year and instituted new 
policies, referred to as the ``Every Mariner Builds A Respectful 
Culture Standards,'' known as the EMBARC Standards, which is a set of 
policies, programs, and procedures that must be complied with before 
U.S. commercial vessels are authorized to employ USMMA students as 
cadets aboard their vessels.
    I am pleased that the Department has instituted protections for 
cadets aboard commercial vessels, including by providing satellite 
phones so that they can contact someone in the event of a sexual 
harassment or assault or other emergency. With these protections in 
place, I was glad to see DOT reinstate Sea Year.
    Given the Sea Year pause, do you expect all USMMA students will 
still be able to graduate on time?
    Answer. Yes, we believe the Class of 2023 will earn sufficient sea 
time to meet the United States Coast Guard (USCG) licensing requirement 
(barring unforeseen circumstances). If for any unanticipated reasons 
they do not, the Coast Guard has indicated that the members of the 
class can take their licensing exams at the regular time and then 
collect any needed sea time after the exam. The USMMA will provide all 
required sea time under this circumstance. No one will leave the 
Academy without all the sea time they need to have obtained their 
license.
                amtrak inspector general report findings
    Question. A recent Amtrak Inspector General report identified 
specific challenges that Amtrak will face in spending the funding 
provided by the bipartisan infrastructure bill. These challenges 
include: (1) demonstrating fiscal responsibility, including 
transparently and accurately accounting for funds, (2) building a 
skilled workforce to plan and execute projects, (3) working 
collaboratively with partners to achieve common goals, and (4) 
improving program and project management.
    What can DOT do to help Amtrak overcome potential obstacles 
identified by the Inspector General, in particular its collaboration 
with state partners?
    Answer. As required under the Infrastructure Investment and Jobs 
Act (IIJA), the Federal Railroad Administration (FRA) recently provided 
Congress with the fiscal year 2022 and fiscal year 2023 Amtrak Spend 
Plan. The Spend Plan provides transparency as to how Amtrak will spend 
the funds provided by IIJA over the next two fiscal years. This spend 
plan and the terms for obligating IIJA funds are focused on supporting 
the Inspector General's recommendations associated with funds 
transparency and project and program management.
    On the recommendation associated with State partners, FRA is 
working with Amtrak and its State partners through the State Amtrak 
Intercity Passenger Rail Committee to improve the financial and 
business relationship between Amtrak and its State partners by revising 
the Section 209 Cost Methodology and improving the underlying accuracy 
of the data. Cost transparency is critical to improving the Amtrak and 
State relationship, and FRA places a high priority on this initiative.
    FRA continues to engage with Amtrak and States to encourage better 
communication and resolve disagreements that might hinder projects from 
achieving common goals.

                                 ______
                                 

               Questions Submitted by Senator John Hoeven
                       ocean shipping reform act
    Question. Along with Senators Klobuchar, Thune, and Baldwin, I 
helped introduce the Ocean Shipping Reform Act, which passed the Senate 
unanimously a few weeks ago. This bill will help level the playing 
field for American exporters, including agricultural exporters in the 
Midwest, by making it harder for ocean carriers to refuse goods ready 
to export at ports.
    What actions does the administration plan on taking to ensure ocean 
shippers are accepting U.S. agricultural exports and fairly treating 
U.S. producers?
    Answer. DOT will continue to fully support within our mission a 
strong and dependable maritime transportation system, including by 
supporting the Federal Maritime Commission (FMC)--the lead Federal 
agency responsible for oversight of shipping regulations--as FMC 
implements its increased authorities under the Ocean Shipping Reform 
Act to promote the growth and development of U.S. exports through an 
ocean transportation system that is competitive, efficient, and 
economical. Additionally, DOT will continue to work with our Federal 
partners on the White House-led Supply Chain Disruption Task Force, as 
well as parties across the supply chain, to ensure safe, reliable, and 
timely movement of goods across the supply chain.
                     skywest/essential air service
    Question. SkyWest Airlines announced last month that they would be 
discontinuing air service to 29 communities nationwide, including to 
Jamestown and Devils Lake in North Dakota.
    Will you continue to work with my office to ensure that adequate 
commercial air service is maintained for both Jamestown and Devils 
Lake?
    Answer. Yes, the Department will continue to work with your office 
and the communities of Jamestown and Devils Lake to ensure they 
maintain links to the national air transportation system, provided by 
the Essential Air Service (EAS) program. Following receipt of SkyWest's 
notice, the Department acted quickly to hold SkyWest in at these 
communities, and SkyWest is continuing to provide basic EAS at this 
time.
                  theodore roosevelt park road repairs
    Question. Over the last couple years, I've been working closely 
with the National Park Service (NPS) and the Federal Highway 
Administration (FHWA) on efforts to repair the Scenic Loop Drive at 
Theodore Roosevelt National Park. The park is the state's top tourist 
attraction, and this road has been out of operation since 2019 when 
erosion caused the road to slump and deteriorate.
    In 2020, Congress passed, and President Trump signed into law, the 
Great American Outdoors Act, which included funding for deferred 
maintenance activities of critical national park assets. The Scenic 
Loop Road was selected as a priority project under that legislation, 
and has dedicated funding for the repair.
    The National Park Service is working with the Central Federal Lands 
Highway Division of the Federal Highway Administration to secure a 
contractor. With North Dakota's short and unpredictable construction 
season, it is imperative that we promptly begin construction to prevent 
any future delays on this important project.
    Will you continue to work with me to prevent any unnecessary delays 
and ensure the project is completed as soon as possible?
    Answer. Yes, I commit to working with you to prevent any 
unnecessary delays and to ensure the project is completed in accordance 
with the law and as expeditiously as possible. 
mailto:[email protected]
              unmanned aerial systems (uas) certification
    Question. We are in the midst of a new era in aviation, thanks both 
to the development of unmanned aircraft (UAS) and the emergence of so-
called advanced air mobility (AAM) aircraft that provide a quiet, 
clean, and cost effective way to transport cargo and people. The U.S. 
should lead in the development of these technologies, but to do so, the 
FAA must certify new platforms as safe and airworthy in a timely 
fashion.
    What challenges does the FAA face in accelerating the certification 
of UAS and AAM?
    Answer. The FAA's mission is to provide the safest, most efficient 
aerospace system in the world. The main challenge for certification is 
safely integrating new technologies into the National Airspace System, 
including the integration of the aircraft, integrated systems, and 
aviators, and promoting the safe and efficient use of airspace.
    The FAA is making progress working with industry on the 
certification of UAS. Most recently, the FAA issued the first type 
certificate for a drone, the Matternet M2 aircraft, on September 7, 
2022. We are continuing to work on determining the appropriate level of 
risk and ensure we have a path that is both efficient and safe for 
drone integration.
    With regard to powered-lift aircraft, the FAA's current regulatory 
framework provides the necessary flexibility to certificate the 
aircraft, tailoring the criteria to the specific industry proposed 
design, and to adequately mitigate the risks to the public. The FAA is 
proactively engaging with UAS and AAM stakeholders as early as 
possible, even before application, thereby working collaboratively to 
address the operational integration of these aircraft during 
certification.
    Question. Does the FAA have the personnel available to certify 
these aircraft?
    Answer. The FAA is devoting significant technical resources towards 
understanding how these new technologies will work safely and 
effectively alongside established users of the national airspace 
system. Ensuring that our workforce is fully staffed across all 
necessary disciplines, equipped, and trained for their 
responsibilities, and empowered to make necessary technical decisions 
is one of the FAA's highest priorities.
    Question. What role could the FAA's UAS test sites play in 
certifying UAS and AAM aircraft?
    Answer. The FAA's UAS test sites play an important role in 
developing and validating industry concepts, consensus standards and 
test methodologies. Industry is leveraging the expertise and experience 
of the UAS test sites to provide operational experience in mitigating 
risks from new technologies and aircraft. The ability of the UAS test 
sites to quickly test and validate concepts will allow for efficient 
evolution of the technologies. The FAA is working with the test sites 
to streamline access to their operational capabilities to ensure 
industry can collect data and experience to support certification.
    In addition, the FAA is engaging with NASA and the Air Force's 
Agility Prime to facilitate data collection through AAM vehicle 
demonstration opportunities.
                          discretionary grants
    Question. North Dakota has not traditionally been very successful 
in receiving discretionary grants from the Department. In fact, last 
year I and several of my colleagues sent you a letter requesting the 
Department give priority to the nine states, including North Dakota, 
that have not received Infrastructure for Rebuilding America (INFRA) 
grants since the program's implementation in 2016.
    Will you commit to giving applications for discretionary grants 
from North Dakota and other rural states your full and fair 
consideration?
    Answer. Yes, I commit to giving all applications full and fair 
consideration.

                                 ______
                                 

               Questions Submitted by Senator Mike Braun
    Question. The Infrastructure Investment and Jobs Act included a 
``Safe Driver Apprenticeship Pilot Program''--a three-year program to 
help address the commercial driver shortage and bring more young 
Americans into a good, well-paying career path.
    During the hearing you mentioned that the Department was working on 
the pilot program, but can you please provide a more detailed update 
regarding the Federal Motor Carrier Safety Administration's 
implementation of the Safe Driver Apprenticeship Pilot Program?
    Answer. FMCSA has been very proactive in implementing the Safe 
Driver Apprenticeship Pilot (SDAP) Program to meet the ambitious 60-day 
statutory deadline, while ensuring FMCSA complies with all laws 
applicable to the program, including the Privacy and Paperwork 
Reduction Acts. To date the Department has, among other things: (1) 
obtained emergency approval for an Information Collection Request (ICR) 
under the Paperwork Reduction Act; (2) published the Federal Register 
notice announcing the SDAP Program and established the program 
requirements for motor carriers and apprentices; (3) launched the SDAP 
Program website; (4) approved a Privacy Impact Assessment as required 
by the E-Government Act of 2002; (5) published in the Federal Register 
the 60-day ICR notice for full approval; and (6) awarded a contract to 
support the Agency's data collection and analysis requirements for the 
SDAP Program.
    FMCSA announced that it was accepting applications to the SDAP 
Program on July 26, 2022, and, as of mid-October 2022, has 17 approved 
carriers and 23 pending review and approval. FMCSA continues to 
actively accept and review applications to the program, and anticipates 
reviewing additional applications within 30 days of receipt.
    Question. I have heard concerns from some in the industry that 
FMCSA's January guidance may be too burdensome to comply with, 
hampering the program's overall impact. What will you do to ensure that 
participating carriers are not subject to undue costs or burdens?
    Answer. FMCSA is partnering with industry and stakeholders, as well 
as conducting outreach, to ensure that motor carriers are aware of the 
program requirements and opportunities that participating in the pilot 
program can provide.
    The pilot program included certain requirements to help ensure 
participants and FMCSA are meeting their obligation to prioritize 
safety. It utilized an existing framework with a proven model for 
success that includes a clear and effective pattern for mentorship and 
education, and which incentivizes drivers to participate. In addition 
to incentivizing driver participation, this framework utilizes proven 
retention tools which will help reduce turnover and keep safe drivers 
on the road.
    Question. The majority of countries around the world have 
eliminated or significantly reduced COVID testing requirements for 
international travel, yet the United States continues to have a policy 
in place where a negative test is required within one day of departure 
when flying into our country, regardless of vaccination status. This 
restrictive policy discourages travel to the United States and hurts 
our global competitiveness, particularly for the tourism industry 
during the height of the summer travel season. The economic costs 
associated with these policies remain significant--according to the 
U.S. Travel Association, business travel spending is still 56 percent 
below 2019 levels while international travel spending is down 78 
percent.
    Is the Administration considering eliminating or changing the 
predeparture testing requirement for travel to the United States?
    Answer. DOT continues to support Federal partners in the COVID-19 
response and recovery. As of June 12, the Centers for Disease Control 
and Prevention (CDC) no longer requires pre-departure COVID-19 testing 
for U.S.-bound air travelers.
    Question. Why does the United States feel this policy is in the 
best interest of public health when the majority of countries have 
eliminated it?
    Answer. As of June 12, the CDC no longer requires pre-departure 
COVID-19 testing for U.S.-bound air travelers.
    Question. What is the Department's timeline for establishing the 
Advisory Committee on Underride Protection, as required by the 
Infrastructure Investment and Jobs Act (IIJA)?
    Answer. The Advisory Committee on Underride Protection was 
established on June 30, 2022. On July 6, 2022, NHTSA issued a Federal 
Register Notice soliciting nominations for appointment to the Advisory 
Committee on Underride Protection (87 FR 40346). The public comment 
period closed on August 5, 2022. The Department is working 
expeditiously to finalize selection and appointment to the Committee as 
soon as practicable.
    Question. The protection of personal, sensitive data from hackers 
and data breaches is an issue that touches nearly every aspect of 
American life. One area of specific concern is transportation and 
mobility data. When government entities collect an ever-increasing 
amount of data, including real-time location and trip data from 
consumers, there is an increased risk to consumer privacy from 
surveillance.
    To address this concern, in fiscal year 2021 (Public Law 116-260) 
the Committee directed the Department to require recipients of Federal 
funds to submit and make publicly available a privacy policy regarding 
the collection, use, sharing and protection of geolocation data.
    Are you aware of the significant privacy and surveillance risks of 
real-time geolocation data collection from state and local governments?
    Answer. The Department is aware of the privacy and surveillance 
risks of real-time geolocation data collection. The Department's 
Intelligent Transportation Systems research programs continue to engage 
in research on maintaining data utility while protecting personal 
privacy.
    Congress has enacted language as part of Transportation, Housing 
and Urban Development appropriations laws going back to 2015, with an 
express prohibition on the use of Federal funds to ``mandate global 
positioning system (GPS) tracking in private passenger motor vehicles 
without providing full and appropriate consideration of privacy 
concerns under 5 U.S.C. chapter 5, subchapter II.'' However, in 
general, current Federal statute does not provide for clear protection 
of geolocation information.
    Question. Please detail the steps that the Department has taken to 
implement the fiscal year 2021 directive, including the requirement of 
a privacy policy regarding the collection, use, sharing and protection 
of geolocation data, as well as the compilation of best practices that 
foster a privacy positive approach to collecting such information.
    Answer. The Department is studying which authority or authorities 
are best suited to the requirement established in the fiscal year 2021 
appropriations bill. Several U.S. states and non-U.S. jurisdictions 
have already enacted laws establishing personal location privacy 
rights. The Federal Trade Commission (FTC) has jurisdiction over 
consumer privacy protections, including geolocation privacy. When state 
and local governments work with private sector providers of geolocation 
data, the FTC would be the regulator of the private sector provider.
    DOT has a robust privacy program that fosters a privacy positive 
approach to any data collection, including geolocation data. All 
systems and collections must undergo a Privacy Threshold Assessment 
(PTA) to determine whether a Departmental system creates privacy risk 
for individuals that must be further analyzed, documented, or 
mitigated, and determines the need for additional privacy compliance 
documentation. Should a system collect geolocation data, this is noted 
in the PTA and the system is appropriately categorized to ensure the 
confidentiality, integrity, and availability of the data. All systems 
are evaluated to determine the necessity of a privacy policy as part of 
the controls assessment conducted on every system. In addition, DOT is 
required to conduct a privacy impact assessment of proposed rules of 
the Department on the privacy of information in an identifiable form. 
Any rule associated with the collection of geolocation data by a 
Federal fund recipient can require that the recipient comply with the 
privacy policy requirement.
    Transparency and notice are fundamental to the Privacy program and 
DOT follows best practices in line with the Fair Information Practices 
and Principles which are the basis for comprehensive privacy 
protections. DOT does and will continue to exercise these best 
practices in fulfilling the legislative requirement.

                          SUBCOMMITTEE RECESS

    Senator Schatz. This hearing is now adjourned.
    [Whereupon, at 11:54 a.m., Thursday, April 28, the hearing 
was adjourned, and the subcommittee was recessed, to reconvene 
at a time subject to the call of the Chair.]