[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.]