    [Senate Hearing 116-3]
    [From the U.S. Government Publishing Office]

                                                              S. Hrg. 116-3

                     HEARING ON THE NOMINATION OF NICOLE R.
                        NASON TO BE ADMINISTRATOR OF THE
                         FEDERAL HIGHWAY ADMINISTRATION

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

                                    HEARING

                                   before the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                         ONE HUNDRED SIXTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                JANUARY 29, 2019

                                   __________

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

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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

                               _________

                    U.S. GOVERNMENT PUBLISHING OFFICE

    35-944 PDF                WASHINGTON : 2019

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                         ONE HUNDRED SIXTEENTH CONGRESS
                                 FIRST SESSION

                        JOHN BARRASSO, Wyoming, Chairman
    JAMES M. INHOFE, Oklahoma            THOMAS R. CARPER, Delaware,
    SHELLEY MOORE CAPITO, West Virginia      Ranking Member
    KEVIN CRAMER, North Dakota           BENJAMIN L. CARDIN, Maryland
    MIKE BRAUN, Indiana                  BERNARD SANDERS, Vermont
    MIKE ROUNDS, South Dakota            SHELDON WHITEHOUSE, Rhode Island
    DAN SULLIVAN, Alaska                 JEFF MERKLEY, Oregon
    JOHN BOOZMAN, Arkansas               KIRSTEN GILLIBRAND, New York
    ROGER WICKER, Mississippi            CORY A. BOOKER, New Jersey
    RICHARD SHELBY, Alabama              EDWARD J. MARKEY, Massachusetts
    JONI ERNST, Iowa                     TAMMY DUCKWORTH, Illinois
                                         CHRIS VAN HOLLEN, Maryland

                  Richard M. Russell, Majority Staff Director
                  Mary Frances Repko, Minority Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                JANUARY 29, 2019
                               OPENING STATEMENTS

    Barrasso, Hon. John, U.S. Senator from the State of Wyoming......     1
    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     2

                                   WITNESSES

    Mineta Hon. Norman, Former Secretary, U.S. Department of
      Transportation.................................................     5
    Nason, Nicole R., Nominated to be Administrator of the Federal
      Highway Administration.........................................     7
        Prepared statement...........................................     9
        Responses to additional questions from:
            Senator Barrasso.........................................    11
            Senator Carper...........................................    12
            Senator Boozman..........................................    18
            Senator Cardin...........................................    19
            Senator Duckworth........................................    22
            Senator Gillibrand.......................................    24
            Senator Markey...........................................    26
        Response to an additional question from Senator Rounds.......    27
        Responses to additional questions from:
            Senator Sanders..........................................    27
            Senator Van Hollen.......................................    28
            Senator Whitehouse.......................................    29

                              ADDITIONAL MATERIAL

    Letters of support for the nomination of Nicole R. Nason........144-172

    HEARING ON THE NOMINATION OF NICOLE R. NASON TO BE ADMINISTRATOR OF THE
                         FEDERAL HIGHWAY ADMINISTRATION

                                  ----------

                           TUESDAY, JANUARY 29, 2019

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:07 a.m. in
    room 406, Dirksen Senate Building, Hon. John Barrasso (chairman
    of the committee) presiding.
        Present: Senators Barrasso, Capito, Braun, Rounds,
    Sullivan, Boozman, Ernst, Carper, Cardin, Whitehouse,
    Gillibrand, Booker, and Markey.

               OPENING STATEMENT OF HON. JOHN BARRASSO,
                 U.S. SENATOR FROM THE STATE OF WYOMING

        Senator Barrasso. I call this hearing to order.
        Today, we will consider the nomination of Nicole R. Nason
    to be the Administrator of the Federal Highway Administration
    at the U.S. Department of Transportation.
        Ms. Nason is well-qualified for this important post. She
    brings impressive, meaningful experience in Federal
    transportation policy to this critically important position. I
    applaud President Trump's nomination of such an accomplished
    and dedicated public servant.
        The Federal Highway Administration plays a central role in
    American mobility. The Administration is the lead Federal
    partner to State and local transportation programs that
    maintain and improve our Nation's roads, highways, and bridges.
        America's transportation infrastructure faces a lot of
    challenges. For far too long, the Federal Highway
    Administration has been without Senate-confirmed leadership.
    Moreover, the authorization of Federal highway programs will
    expire in September of next year.
        The Congressional Budget Office projects the Highway Trust
    Fund will become insolvent sometime in 2021. That is why we
    must work together in this committee to write and pass a
    bipartisan highway bill that upgrades America's roads and
    bridges in a fiscally responsible manner, and do it in this
    Congress.
        We successfully worked together to pass comprehensive,
    bipartisan water infrastructure legislation. Now let us come
    together to fix our highways, roads, and bridges. This
    legislation must address the needs of rural America, and well
    as urban America.
        Rural roads are vital to bringing raw materials and
    products from the heartland to urban centers. Federal highways
    like I-80 run coast to coast, bringing goods and services
    across America. This includes the stretch of I-80 in my home
    State of Wyoming.
        We must maintain and improve these highways in rural States
    to keep these vital arteries of commerce open. In addition, I
    strongly support the Federal highway program's current reliance
    on distributing funds by formula to the States. This is the
    best way to ensure that funding is transformed into projects
    quickly.
        The Federal Highway Administration will need a strong
    Administrator to work with Congress on the deployment,
    development, and implementation of highway infrastructure
    legislation. Nicole Nason is the right person for the job.
        During the Bush administration, Ms. Nason served as
    Administrator of the National Highway Traffic Safety
    Administration, the Department of Transportation's top road
    safety official. Prior to this role, she served as the
    Department of Transportation's Federal Highway Administration
    Administrator.
        On behalf of MADD, I wholeheartedly endorse her for this
    position.
        The Associated General Contractors of America said that she
    is a ``superb choice to fulfill FHWA's leadership role in
    improving mobility on our Nation's highways.'' As such, the
    Associated General Contractors of America urges the Senate to
    quickly confirm her nomination.
        The Governors Highway Safety Association said: ``Throughout
    her career, Ms. Nason has demonstrated a clear commitment to
    public service and, during her tenure as Administrator of the
    National Highway Traffic Safety Administration, a dedication to
    advancing highway safety.''
        Confirming her to be Administrator of the Federal Highway
    Administration will be an important step in supporting our
    Nation's highways, roads, and bridges. I urge my colleagues to
    work with me to get this done.
        I would now like to turn to the Ranking Member for his
    statement. Senator Carper.

               OPENING STATEMENT OF HON. THOMAS CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Thank you, Mr. Chairman.
        It is my intent to place a hold on the nomination of Ms.
    Nason. Not really.
        Who are those old people sitting next to you? Are those
    your kids? Tell us your names.
        Senator Carper. First on the right.
        Ms. Abby Nason. I am Abby.
        Senator Carper. Hi, Abby.
        Ms. Alex Nason. I am Alex.
        Mr. Brady Nason. I am Brady.
        Senator Carper. Who is the big guy?
        Mr. David Nason. I am David.
        Senator Carper. I want to thank you guys for your
    willingness to share this woman with the rest of us. The battle
    ahead for her confirmation will be hard fought. I have a hunch
    she will kind of squeak through. We will see. It depends on how
    she does today.
        Ms. Nason, we want to thank you.
        It is great to see Norman. Many of us were pleased to
    previously serve with Norm in the House of Representatives
    years ago and as Secretary of the Interior, Secretary of
    Transportation and God knows what else. He is warmly loved in
    Delaware and on the Delmarva by the horseshoe crab population
    of our region. There was a sanctuary created and he helped it
    grow and did that to save the horseshoe crabs which have been
    around hundreds of millions of years it turns out.
        Ms. Nason, thank you for appearing before our committee
    this morning. We welcome you and your family here today. We
    welcome your nomination to lead the Federal Highway
    Administration.
        As my colleagues will recall, you are not the first person
    nominated by this Administration for this job. A fellow from
    Iowa DOT, the Director of Transportation, Director Paul
    Trambino, withdrew his name as a nominee because of the illness
    of his father. He wanted to spend the last weeks and months
    with his dad. He passed on this job in order to be able to do
    that. His family's misfortune opened this opportunity for you.
        It is interesting that when I was talking with you
    yesterday, you spoke about your own father and the impact his
    life, his misfortune with a terrible motorcycle accident, which
    sort of helped guide you in the end to safety advancements and
    now brings you before us today.
        It has now been more than 2 years since there has been an
    Administrator, the longest gap in leadership for the agency in
    more than 100 years, which was long before our Nation's
    InterState Highway System even came into existence, back when
    the Federal Highway Administration was known as the Bureau of
    Public Roads.
        I have long said that leadership is the key to the success
    of any organization. We have heard many times over the last 2
    years that the Trump Administration is eager to enact major
    infrastructure legislation and make significant investments in
    rebuilding our Country's roads, highways, bridges and transit
    systems.
        With that in mind, in my view, it is counterintuitive to
    have left vacant for such a long period of time such an
    important leadership role in the Federal Highway
    Administration, an agency with a critical infrastructure
    mission.
        I hope that the President's nomination of you, Ms. Nason,
    to be Administrator of the Federal Highway Administration is
    both evidence that the Trump Administration is aware of these
    organizational needs, and also a signal that the Administration
    is ready to work with Congress on reauthorizing our Nation's
    transportation programs.
        The Federal Highway Administration is the lead Federal
    agency that oversees more than 220,000 miles of our national
    highway system and some 145,000 bridges. Today, far too many of
    those roadways and bridges have been in use well beyond their
    original design and as we know, are in poor condition.
        Too many drivers, pedestrians and bicyclists put their
    lives at risk when they use our roadways. In 2017, 2 years ago,
    there were more than 37,000 fatalities on our Nation's
    roadways. For context, that is approximately the same number as
    the number of lives lost annually in our Country to gun
    violence.
        Too many Americans also lack access to reliable transit or
    safe places to walk or bike, or to charging stations for an
    electric vehicles or fueling stations for hydrogen. That means
    the many people in our Country who would like to reduce their
    carbon footprint may not have many real options to do so.
        Next year, the FAST Act, which provided 5 years of funding
    and policy certainty for our transportation sector, is set to
    expire. Congress must work now on reauthorizing our Federal
    surface transportation programs so that we can provide
    continued certainty for States, tribal communities and cities,
    while also addressing the opportunities and challenges facing
    our transportation sector today and in the years to come.
        We have a rapidly evolving transportation industry in which
    new tools, data and technology are disrupting traditional
    practices of planning, building, operating and using road
    infrastructure.
        As we know, our climate is changing. Our vehicles and
    travel patterns accelerate and exacerbate that change, while at
    the same time, increasingly extreme weather events and sea
    level rise wear down our transportation networks.
        In addition to these major policy concerns, we face another
    big problem. Our Highway Trust Fund is going broke. Last year,
    we spent almost $13 billion more from the Highway Trust Fund
    than we collected in revenues.
        I will say that again. Last year, we spent almost $13
    billion more from the Highway Trust Fund than we collected in
    revenues. Next year, that deficit will be even greater.
        To pay for the FAST Act for surface transportation, we took
    $70 billion from the General Fund and other programs at a time
    when our Federal budget deficit last year reached $750 billion.
    I believe we are on target to reach a Federal deficit for this
    year of $850 billion and may be next year as much as $1
    trillion.
        For the next 5-year transportation bill, we will need to
    find an additional $85 billion just to keep our programs at the
    current funding level. Despite spending more than we collect,
    we still are not even spending enough. The backlog of money
    needed to rehabilitate and improve highways and bridges has
    grown to $800 billion. Think about that, an $800 billion
    backlog.
        While we are thinking about that, let me conclude by saying
    that I hope Ms. Nason will prove to be a true partner to those
    of us here in Congress, one who will work with us from day one
    to address these and other challenges I just mentioned and
    other challenges in the months and years ahead.
        These challenges are great, but so are the opportunities. I
    am hopeful that Ms. Nason will prove to be the leader who is
    needed right now to find opportunity in adversity so that we
    can seize the day.
        Thank you.
        Senator Barrasso. Thank you very much, Senator Carper.
        We now have a special privilege in this committee to hear
    from one of the greats in American politics and history. Norm
    Mineta is here, the former Secretary of Transportation, with 20
    years in the House, Chairman of the Transportation Committee in
    the House, then Secretary of Commerce for Bill Clinton, and
    Secretary of Transportation for G.W. Bush.
        However, if you Google him, you get Norman Mineta and it
    says ``and Al Simpson.'' There is no way to avoid this linkage
    that began over seven decades ago as Boy Scouts in Cody,
    Wyoming written about recently in the Washington Post and CBS
    News did a wonderful story about you, your legacy and the
    friendship and our kinship with Wyoming.
        We are so privileged to have you joining us today.
        With this, I would like to ask you, Mr. Secretary, to
    please proceed.
        Senator Boozman. Mr. Chairman.
        Senator Barrasso. Senator Boozman.
        Senator Boozman. Could I also just voice the fact that I am
    so pleased to see you today and thank you for your service?
        You were so helpful to me when I was in the House when you
    were Secretary of Transportation, even before that. You gave me
    great advice. I think you truly are a model for what this place
    should be all about, working with both sides, trying to get
    results.
        The Secretary and one of my mentors, General Paul
    Hammerschmidt, were great friends. Again, thank you for your
    service. Thank you for helping so many of us in so many
    different ways. We appreciate you.
        Senator Barrasso. Mr. Secretary.

                STATEMENT OF HON. NORMAN MINETA, FORMER
              SECRETARY, U.S. DEPARTMENT OF TRANSPORTATION

        Mr. Mineta. Mr. Chairman, I thank you for the honor of
    appearing before you this morning and permitting me to address
    you.
        It is a pleasure to see so many Senators and former
    colleagues with whom I have had the pleasure to work over the
    years.
        Thank you for this honor and privilege to speak on behalf
    of Nicole R. Nason, the nominee to be Federal Highway
    Administrator.
        I have known Nicole since 2003 when she came to the
    Department of Transportation to serve as our Assistant
    Secretary of Government Affairs. As Secretary of
    Transportation, I met with Nicole nearly every day to discuss
    legislative proposals and strategies.
        However, her counsel went far beyond legislative issues.
    She was a key member of my executive team and was one of the
    department's liaison's with the White House and the Office of
    Management and Budget.
        After 3 years as the Assistant Secretary, I recommended to
    President George W. Bush that she be nominated as DOT's
    National Highway Traffic Safety Administrator. She was
    unanimously confirmed by the Senate and served until 2008 as
    NHTSA Administrator.
        She successfully implemented numerous safety mandates and
    reporting requirements by SAFETEA-LU. During Nicole's tenure as
    NHTSA's Administrator, significant rulemakings were completed,
    including electronic stability control, side impact priorities
    protection and improvement in roof restraint, all because of
    her leadership skills.
        She also instituted a series of public meetings addressing
    topics such as the New Car Assessment Program, school bus
    safety, child safety seats, and use of ignition interlock
    devices. Many of these proposals originated from these meetings
    and were later enacted by the agency.
        I also turned to Nicole to represent the department and me
    internationally. She spoke at the United Nations in Geneva on
    ``International Harmonization and Safety Regulations.'' She
    conducted an important bilateral with the Chinese government to
    prevent the sale of fraudulently made automobile tires.
        Nicole is an accomplished government executive, an
    experienced transportation leader and an individual with a high
    degree of personal integrity and character. Frankly, though,
    Mr. Chairman and members of the committee, there are several
    people that Nicole could have had appear before you to attest
    to her record and the proven attributes of her character.
        I responded very quickly to Nicole to appear on her behalf
    because I believe Nicole's nomination is an important
    opportunity for this Senate and this Nation. Because of the
    convergence of certain factors, Nicole's nomination transcends
    the usual confirmation of one more subcabinet executive.
        As this committee so well knows, I served in Congress for
    over 20 years. As recited by the Chairman, I was the Secretary
    of Commerce for a Democratic President and the Secretary of
    Transportation for a Republican President.
        In all three of these positions, the key to any success
    that I had was persistent advocacy in seeking bipartisan
    collaboration whenever and wherever I could find it. This
    committee has done remarkable work with those tools and
    succeeded where others could not. Last year, your outstanding
    bipartisan work regarding our Nation's water infrastructure was
    a true public policy achievement benefiting every American.
        As you know, our Nation's transportation infrastructure
    faces similar challenges at a time when bipartisanship can be a
    scarce commodity. I believe this committee has the opportunity
    once again to revive this essential practice of governance.
        As many experts and pundits have indicated, infrastructure
    legislation is one of the best opportunities where this can
    occur. Having Nicole R. Nason as Federal Highway Administrator
    will assist the committee and this Congress in achieving this
    national need. She will strive to find common ground on a
    bipartisan basis on which to achieve needed solutions.
        She will be relentless in seeking opportunities and in the
    critical work the Federal Highway Administration will perform
    in working with you. She is the right person at the right time
    for this position. I know she will not let you down.
        Mr. Chairman, because of that, I am grateful to Nicole for
    allowing me to appear before you and this committee to speak in
    support of her candidacy as Federal Highway Administrator.
        Thank you, Mr. Chairman. I would be very pleased to answer
    any questions the Senators may have with respect to her
    nomination.
        Senator Barrasso. Thank you so very much, Mr. Secretary. As
    you said, others could have appeared here to introduce her but
    certainly in the opinion of the Chair and the entire committee,
    none more distinguished and none more welcome than you. We are
    delighted to have you. You are welcome to stay for the rest of
    the hearing.
        Neither the Chair nor the committee has any questions for
    you but wish to wish you very well and you are always welcome
    to join us in this committee.
        Thank you so much, Mr. Secretary.
        Senator Carper. Mr. Secretary, before you leave, I leaned
    over while you were speaking and said to the Chairman, this
    Administration might contract you to come and speak. It might
    have more success than anything else I can think of.
        It is great to see you, my friend. God bless you.
        Senator Barrasso. Now we would like to welcome to the
    committee our nominee, Nicole Nason, the nominee to be the
    Administrator of the Federal Highway Administration. We are
    delighted to have you and congratulations on your nomination.
        I want to remind you that your full written testimony will
    be made a part of the record. We all look forward to hearing
    your testimony today.
        I know you have members of the family here if you would
    like to introduce them and additional introductions. When you
    are finished, please proceed with your testimony.

    STATEMENT OF NICOLE R. NASON, NOMINATED TO BE ADMINISTRATOR OF
                   THE FEDERAL HIGHWAY ADMINISTRATION

        Ms. Nason. Mr. Chairman, Ranking Member Carper, members of
    the committee, thank you for the opportunity to appear before
    you today to be considered for the position of Administrator of
    the Federal Highway Administration, FHWA, at the Department of
    Transportation.
        If confirmed, I look forward to working with you to enable
    and empower the strengthening of a world-class highway system.
        I would like to thank President Trump and Secretary Chao
    for their confidence in my ability to serve in this critical
    role. I would also like to express my gratitude to Secretary
    Norman Mineta, not just for his appearance and his remarks
    today, but for his years of extraordinary service to our
    Country. His life story is incredible and he remains one of my
    personal heroes.
        I am pleased to have with me today my husband, David. You
    briefly met my son, Brady, aged 10; my daughter, Abby, aged 14;
    and my daughter, Alex, aged 17. I am grateful for their love
    and support always. Although I recognize that they get to miss
    school today for this, I would like to think they would come
    even on a Saturday.
        Mr. Chairman, Ranking Member Carper, as you are aware, I am
    currently serving as the Assistant Secretary for Administration
    at the State Department. My 1,900-plus employees and
    contractors at the A Bureau manage everything from logistics
    and shipping to building repairs to all departmental
    procurement.
        I love my position but my heart is in transportation
    policy. That is why I was so excited and privileged when
    President Trump and Secretary Chao invited me to return to my
    roots at the Department of Transportation as the Federal
    Highway Administrator.
        If confirmed, my first priority will be Secretary Chao's
    first priority, the safety of our transportation system. This
    focus unites the department across the modes and will remain
    top of mind for me always.
        Having served as Administrator of the National Highway
    Traffic Safety Administration and having spent several years on
    the National Board of Directors of Mothers Against Drunk
    Driving, I know the grim statistics all too well.
        In 2017, as the Senator noted, there were 37,133 people
    killed in motor vehicle crashes. This is an appalling number
    and I believe the only acceptable number is zero.
        If confirmed, I hope to focus particularly on pedestrian
    safety. I would like to work with State and local leaders and
    members of this body to improve pedestrian and cyclist safety
    by focusing on improved road design and targeting our most
    dangerous intersections.
        Second, if confirmed, I intend to work closely with my
    fellow administrators and colleagues at the DOT. I believe if
    we are to effectively respond to our serious transportation
    challenges, we need to work seamlessly.
        I intend to collaborate with my Federal colleagues in
    Washington, DC. and all of our State, local and tribal
    government partners to eliminate barriers to project delivery
    and timely success.
        For example, many new technologies cut across several modes
    and I will work with all of our partners on the development and
    safe integration of these technologies.
        Third, if I am confirmed, I intend to visit our teams in
    the field. I would like to go out and meet with State, local
    and tribal partners to personally see their concerns and hear
    their ideas.
        I learned while serving as NHTSA Administrator that it is
    important to get out of D.C. and understand the challenges
    firsthand.
        Finally, I am aware of the role FHWA will play in the
    reauthorization of surface transportation legislation as the
    Fixing America Surface Transportation Act will expire at the
    end of Fiscal Year 2020.
        I was proud part to play a part in helping shape SAFETEA-LU
    when I previously served at the department. I look forward to
    the prospect of working together on any legislative efforts. As
    this committee knows well, there is not a one size fits all
    solution.
        Mr. Chairman, as the daughter of a New York County
    motorcycle highway patrol officer, I grew up hearing about
    highway and vehicle safety. I clearly remember Dad's gruesome
    motorcycle crash while on the job and his extended recovery at
    home. His helmet with the crack in the back where his head
    smacked the pavement and knocked him unconscious was his gift
    to me when I was confirmed as NHTSA Administrator.
        If confirmed as FHWA Administrator, I will proudly display
    the helmet in that office as well. The helmet was his reminder
    that there is a person and a family behind all the statistics,
    a reminder that we can and should always strive to do more.
        Again, Mr. Chairman and Ranking Member Carper, thank you
    for allowing me to appear before you today. If confirmed, I
    commit to you that I will perform the role of FHWA
    Administrator with accountability to all stakeholders,
    especially the American public.
        I would be happy to answer any questions. Thank you.
        [The prepared statement of Ms. Nason follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Barrasso. Thank you for the incredible story of
    your father's commitment and service to the people of New York,
    the people of this Country, and you continuing his legacy and
    concern. We are grateful you are willing to take on this
    responsibility.
        There are a couple of questions that you will get from
    members here. We ask that you answer those. They will also
    maybe have some written questions afterward. I hope you would
    respond to the questions throughout the hearing and respond to
    the questions afterwards for the record.
        There are a couple of questions I have to ask as I do of
    all nominees on behalf of the committee.
        Do you agree, if confirmed, to appear before this committee
    or designated members of this committee and other appropriate
    committees of the Congress and to provide information subject
    to appropriate and necessary security protections with respect
    to your responsibilities?
        Ms. Nason. Yes, sir.
        Senator Barrasso. Do you agree to ensure that testimony,
    briefings, documents in electronic and other forms of
    information are provided to this committee and its staff and
    other appropriate committees in a timely manner?
        Ms. Nason. Yes, sir.
        Senator Barrasso. Do you know of any matters which you may
    or may not have disclosed that might place you in a conflict of
    interest if you are confirmed?
        Ms. Nason. No, Mr. Chairman.
        Senator Barrasso. Let me start with questions.
        As we mentioned, you previously served as the Administrator
    of the National Highway Traffic Safety Administration and were
    confirmed by the Senate. During your tenure as Administrator,
    what did you learn regarding the need for Federal policymakers
    to account for differences in priorities and circumstances
    among rural versus urban States? Obviously being from a rural
    area, how do you deal with that?
        Ms. Nason. Thank you, Mr. Chairman.
        At NHTSA during my tenure, we were very clear that there
    are unique needs of rural States and even rural communities.
    With my own State of New York, we always like to say not all of
    New York is Manhattan.
        There are unique needs where I grew up. Infrastructure
    failings, aging roads, egress concerns which compare to the
    challenges of New York City, congestion and other quality of
    life issues, so we tend to focus on messaging, on a rural
    versus urban center because they have different transportation
    concerns, different safety concerns. Tribal governments have
    different safety concerns.
        There is one thing we learned at NHTSA. We had a very
    specific example of advertisements we were running. We learned
    that you cannot take the same commercial, no matter how much
    time and money you may have spent in producing and packaging it
    and expect it to have the same impact around the Country. It
    will not.
        You have to know the specific challenges of those
    communities. That is something I think I can bring to FHWA if I
    am confirmed.
        Senator Barrasso. If confirmed, can we be assured that you
    will work diligently to make sure the Federal Highway
    Administration is sensitive to the concerns of rural States
    like Wyoming?
        Ms. Nason. Yes, of course.
        Senator Barrasso. Many States and others have appeared
    before this committee strongly supporting the distribution of
    highway funds by the formula we have set up. They have told us
    that adequate formula funding is important because it provides
    the flexibility needed to plan effectively and that it enables
    States to put funds to work faster, a key issue for the States.
        Do you agree that the existing formula programs do enable
    States to address their priorities more effectively and more
    expeditiously than trying to create new programs that are less
    well understood and would take time to establish?
        Ms. Nason. Yes, Mr. Chairman. Thank you.
        I think, from what I have heard and speaking with our
    partners from my experience at the State Department in the
    construction of embassies and consulates, what is most critical
    is the certainty in the funding stream.
        I think that is something that if I am confirmed, I would
    be happy to work with you and the members of the committee to
    make sure that States can plan, which I think is most
    essential.
        Senator Barrasso. You would also likely agree that there is
    unanimous consensus that transportation projects often take too
    long to complete and that we need to work together to find ways
    to further streamline the process while still protecting the
    environment.
        We have heard testimony before this committee that suggests
    one of the reasons that projects are significantly slowed down
    is too many agencies are required to take action to approve a
    single project.
        Instead of being done concurrently, they are being done
    consecutively. You have to wait for one and then another and
    another. How important is streamlining to timely project
    delivery and how can we best achieve it?
        Ms. Nason. I think streamlining, as you noted, is essential
    for helping resolve and making improvements more quickly.
    Having served as the NHTSA Administrator at a time when we were
    raising CAFE standards for the first time in many, many years,
    I can tell you it is a challenge even internally to bring
    everyone to the table and resolve interagency concerns.
        I think that is a role where FHWA can be quite helpful. If
    I am confirmed as FHWA Administrator, that is a leadership
    responsibility that I would like to take on.
        Senator Barrasso. We tend to be amazed at the power of
    innovation, vehicles coming onto the market right now that keep
    drivers from leaving their lanes, even hit the brakes in an
    emergency.
        Within the next decade, I think we are likely to see even
    greater advances in connected and autonomous vehicles. The
    innovations have the potential to provide significant safety
    and efficiency benefits, I think, to the traveling public.
        We had a discussion last night where people said, will I
    ever actually want to buy another car or will I just use a
    ride-sharing service for people living in major cities. What
    role should the Federal Highway Administration play in
    preparing our roadways and communities, both rural and urban,
    for the arrival of these new technologies?
        Ms. Nason. Thank you, Mr. Chairman.
        As I noted in my opening statement, I think it is going to
    be very important for modal administrators, all modal
    administrators at the Department of Transportation to work
    together and to share research and best data because many of
    these technologies cut across the modes in impact, NHTSA, but
    also Federal Motor Carrier and Federal Highways.
        If I am confirmed as Federal Highway Administration
    Administrator, I will work closely with my colleagues to make
    sure we are providing the best data and information to all of
    our partners.
        Senator Barrasso. Thank you and congratulations again.
        Ms. Nason. Thank you.
        Senator Barrasso. Senator Carper.
        Senator Carper. I would like to follow-up on the Chairman's
    question with respect to environmental streamlining. I would
    like to look a little bit at the Federal-State partnership as a
    recovering Governor. I would like to dwell a bit on safety.
        I want to start with climate change. My neighbor to my
    left, my Delmarva buddy, Senator Cardin, and we have another
    Maryland Senator here, Chris Van Hollen, who will join us later
    I suspect but we live in an area where the land is sinking and
    the seas are rising. In fact, Delaware is the lowest lying
    State in America. It is of great concern to us.
        I have a son in California. North of where he lives, they
    had these incredible wildfires in Oregon, Washington and
    Montana, much bigger than Delaware, if you can believe that. In
    Ellicott City, which Senator Cardin and Senator Van Hollen
    represent, as I recall they had two 500-year floods, two 1,000-
    year floods within 20 months of each other.
        Some people think climate change is not real, it is
    esoteric. It is real. We see it every day. Our transportation
    system is a major source of greenhouse gas emissions. In fact,
    the greatest source of carbon is from our vehicles as it turns
    out today.
        Our transportation system is highly vulnerable to impact
    from extreme weather according to the National Climate
    Assessment report released by 13 Federal agencies across the
    Trump Administration. This is a quote of what they said:
    ``Expected increases in the severity and frequency of heavy
    precipitation events will affect inland infrastructure in every
    region, including access to roads, the viability of bridges,
    and the safety of pipelines.''
        For my whole life, we have measured rainfall by inches.
    Now, we measure rainfall, in some instances, by the foot.
        As the Federal Highway Administrator, you are going to have
    an opportunity to influence highway roadway design,
    availability of vehicle charging and fueling infrastructure,
    and space for safe walking and bicycling.
        How will you use your leadership to address how our vehicle
    and travel patterns accelerate and exacerbate climate change?
    How would you propose to ensure that infrastructure is
    resilient to extreme weather?
        Ms. Nason. Thank you, Senator Carper.
        I wrote down what you said, ``Our roads are vulnerable to
    extreme weather.'' Having grown up on the very east end of Long
    Island, we lived through hurricanes regularly and our roads
    would flood. Then there is no egress and often there is no
    second egress because there was a ferry. That is not an option
    either.
        I spent my life watching my father, as a first responder,
    go out in extreme weather and help respond to these challenges,
    particularly on our roads when peoples' instinct is to get in a
    car and try to drive away and then they are trapped.
        I am very interested in seeing what the Federal Highway
    Administration can do to improve resiliency in our
    transportation system as a whole. I think there is a lot of
    good research and data that FHWA can provide to State and local
    governments and the leadership role that FHWA can play.
        If confirmed, I would be happy to work with you on those
    issues.
        Senator Carper. Let us talk a bit more about environmental
    streamlining. The Chairman touched on it.
        This Administration finally filled a number of key
    positions within the Administration that deal with
    streamlining. For the first I would say almost year and a half
    of this Administration, people responsible for dealing with
    streamlining and working to facilitate building of roads,
    highways, bridges, those positions were not filled. I am told
    by my staff that as of the beginning of this year, most of them
    have been filled.
        One of the greatest holdups in moving projects has been the
    lack of people in the right positions. I think that has been
    dealt with and that is good.
        This committee has provided numerous streamlining measures
    in both MAP-21 in 2012 and the FAST Act, two major
    transportation reauthorization bills, the latter was in 2015.
    Many of these new authorities were only just finalized in
    Federal Highway Administration regulations just a couple months
    ago, as you may know.
        If you are confirmed, will you commit to providing our
    committee with updates on how these streamlining measures are
    having an impact on project timelines and performance of how
    the FHWA is ensuring that environmental outcomes are being
    protected and improved?
        Ms. Nason. Yes, Senator Carper. I know there were many new,
    interesting proposals in MAP-21 and FAST for environmental
    streamlining that FHWA is working to administer. If I am
    confirmed, I will provide you with an update.
        Senator Carper. I will just say this and close.
        It sounds like we have the right people in place within
    this Administration to do a better job on environmental
    streamlining. We have spent a lot of time, energy and effort in
    this committee in the last half a dozen years or more writing
    legislation focused on environmental streamlining.
        We need to find out what is working. We are going to count
    on you to tell us what is working and maybe what is not.
        Thank you very much.
        Ms. Nason. Yes, sir. Thank you.
        Senator Barrasso. Senator Capito.
        Senator Capito. Thank you, Mr. Chairman.
        Thank you, Secretary Mineta. It is nice to see you again.
        I want to thank you for your willingness to serve the
    public, for your career at NHTSA and also at the State
    Department. That demonstrates that you are unquestionably
    qualified for the position.
        I would like to thank your daughter, Alex, for her great
    studied decision to be attending my alma mater, Duke University
    next year. Obviously you are going in the right direction.
        In our meeting, thank you for coming to our office, we
    discussed that the position you are up for is so important to
    all of us because it helps us interact with all of our
    constituents. We get a lot of constituent issues around
    transportation issues, small ones and large ones.
        As you know, in West Virginia, we have Corridor H which is
    the last section of the Appalachian Development Highway System
    that needs to be completed. Because of the way we have treated
    the Appalachian Development Highway System, it is now funded
    out of the Highway Trust Fund.
        I just wanted a commitment from you, we talked about it,
    that you would move forward with me to try to find the easiest
    and best way, most efficient way, to complete that Corridor H
    part of that system.
        Ms. Nason. Yes, Senator. Of course I know how passionate
    you are about that. I would be pleased to work with you.
        Senator Capito. Thank you.
        By the way, Secretary Chao is fantastic, as you know. You
    will have a great leader at that department.
        The one question I get a lot is can you do an
    infrastructure package outside of the highway bill, a
    bipartisan infrastructure package. I think all of us would like
    to do it but there are a whole lot of deep questions.
        One of the questions was the funding issue when it came
    forward over the last Congress. One of the things that the
    Administration asked for was to get in the game, what private
    moneys can be acquired or what kind of State dollars?
        I would just like to tout my own State of West Virginia
    which passed a $1.5 billion bond called the campaign, not by
    the Governor but by others, FTDR, Fix the----Roads, because
    people are very passionate about the safety aspects and are on
    the roads in rural areas all the time.
        As we are thinking about this, it was obvious that we were
    going to be able to use that new State share as part of our
    match. I want to put that in your hat as you move forward that
    any proposal, I think, has to look at what the States are
    willing to do, what kind of skin in the game States are going
    to have and hopefully, we can elongate that timeline a little
    bit to go back to the past to scoop up some of these projects
    like our State that move forward with that.
        I would like to ask you if we could work together on that
    as we are developing hopefully the infrastructure package, but
    also the highway bill as well?
        Ms. Nason. Yes, of course, Senator, I would be pleased to
    work with you.
        Senator Capito. Thank you.
        Both Senators talked about streamlining in the permitting
    process. One of the things that as we see particularly rural
    States falling behind in the deployment of rural broadband, one
    of the ways I think we are able to kind of make it more
    affordable is the dig once proposition, working with the
    Department of Transportation.
        We were on a bill last year, Senator Hatch had a bill, the
    Highway Right of Way Permitting Efficiency Act. We can work
    with the Department of Transportation, with the FCC, with the
    States, broadband councils and others to be able, while you are
    digging and while you are improving a highway, either new or
    maintaining, you can also use that as a way to run the high
    efficiency broadband into these rural areas that if left to
    their own devices, it is extremely expensive.
        I do not know if this is something you have actually
    thought about. I know it is probably premature but do you have
    any thoughts on that?
        Ms. Nason. Senator, I appreciate the question because we do
    spend time at the State Department talking about IG. As you
    know, it is not just 3G plus 2. It is a game changer so I think
    there may be interesting opportunities to save time and money
    for States.
        I would be happy to work with you on this if I am
    confirmed.
        Senator Capito. Yes, it just seems as though we get it our
    own way on something like this that is really not
    controversial. It is not controversial. Actually, I ran into a
    Federal Highway project that actually did provide the channel
    for the high speed Internet, although there is the cabling and
    everything but there was nothing in there. It was prepared for
    it so when and if, it is already ready and it saves a lot of
    money.
        In terms of the safety issues, you mentioned pedestrian and
    cyclist safety. You mentioned congestion at intersections. I
    have read several stories here in D.C. with some very tragic
    outcomes of pedestrian safety.
        Do you have any thoughts? Is it educating the American
    public; is it making signaling better? Is it the driver or is
    it all the above? What perspectives might you have on that?
        Ms. Nason. Senator Capito, thank you.
        I think it is all of the above so we always talk about the
    ease. We need to educate, we need to enforce, but we also need
    to engineer better. That is a piece where I think Federal
    Highway could provide some very valuable information and data.
    It would be something I could work on with my colleagues at
    NHTSA and in the department to see what improvements we could
    make.
        Senator Capito. I would really encourage you there because
    that to me is just so preventable and the results of tragedies.
        Thank you. Good luck. I plan on supporting you.
        Ms. Nason. Thank you.
        Senator Capito. Good luck at Duke.
        Senator Barrasso. Thank you, Senator Capito.
        Senator Cardin.
        Senator Cardin. Thank you, Mr. Chairman.
        Ms. Nason, thank you. Thank you for your willingness to
    serve and we thank your family because this is a family
    sacrifice. Thank you all very much for sharing your loved one
    with the government. We appreciate it.
        To Norm Mineta, it is great to see you. I had the
    opportunity to serve with Congressman Mineta and see his talent
    as chairman of our committee. I know his reputation as Mayor of
    San Jose and really a mentor to many of us that are serving
    today. Norm, thank you for your extraordinary leadership.
        You have a really good person introducing you. That was a
    smart decision you made.
        Ms. Nason. My secret weapon.
        Senator Cardin. Yes. It was the right thing to do.
        I really want to underscore what the Chairman said about
    this committee being able to work in a bipartisan manner to
    produce a strong bill. We did that with water and we want to do
    that with the reauthorization of surface transportation and
    perhaps other infrastructure bills.
        However, we are going to need your help because, as you
    said, you want predictable funding for transportation. I think
    this committee would like to make sure that we have long term
    predictability, so the longer term the reauthorization, the
    better it is for local governments that depend upon projects
    that go for multiple years to have the Federal partnership
    understood.
        It has to be adequate funding. That is going to be the real
    challenge. There are Democrats and Republicans who want to work
    together, who want to come up with a bipartisan plan but it is
    going to take your work with us in order to give us a path
    forward so we can accomplish those goals. Are you ready for
    that?
        Ms. Nason. I am ready for those, interesting conversations.
        Senator Cardin. I thank you.
        I want to follow-up on Senator Capito's point and your
    point on bicycle and pedestrian safety because we do have a
    program under the FAST Act that helps the TAP Program, the
    Transportation Alternative Program, which are funds that go to
    the local governments, the county governments so that they can
    plan in their community to try to protect pedestrians and the
    bicyclists by using a small amount of money for paths, trails
    and those types of issues. This is a bipartisan commitment to
    establish that program.
        As we work toward the reauthorization, will you work with
    us to see whether we can perhaps strengthen that program so
    that we can reduce the growing number of fatalities with
    bicyclists and pedestrians, so we can work to try to deal with
    that using the existing tool of the Transportation Alternative
    Programs, perhaps enhancing that?
        Ms. Nason. Yes, Senator Cardin. If I am confirmed as
    Federal Highway Administrator, I would very much like to work
    with you and your staff to see what enhancements we can make to
    already existing programs.
        Senator Cardin. I appreciate that. I think this is a
    program that does work. The challenge, of course, is it is a
    little bit unusual because first of all, the money goes
    directly to the local government and bypasses the States which
    they do not always like.
        Second, of course, it is for local enhancements which, at
    times, get lost as we look at the challenges we have.
        I want to underscore the point that Senator Carper made in
    regard to climate change and resiliency. It is a major
    challenge we have, a major challenge in maintaining our
    existing transportation infrastructure as we look for new but
    it also recognizes we have to do things in a smarter way in
    order for public investments to have its maximum advantage.
        Are you prepared to work with us based upon what science is
    telling us so that our infrastructure investments are done in
    the best way, recognizing that these extreme weather conditions
    are becoming more frequent?
        Ms. Nason. Yes, Senator. I think Federal Highway could be a
    center of excellence for collection of good data and research.
    I would be pleased to work with you if I am confirmed.
        Senator Cardin. I want to talk about the multimodal
    concepts. It took me a shade under 2 hours to get here today
    from Baltimore. That is a good time. It usually takes me longer
    than that. A commute that should be 45 minutes usually takes me
    about 2 hours and 15 minutes. I think it was the weather
    forecast that kept some people off the roads today so I made it
    a little bit faster.
        We live in the worst congested area in the Country. We
    really need to invest in multimodal. We have to get people out
    of cars into transit. We need to deal with the issues of the
    commuter rails. We have to deal with all of the above.
        Are you prepared to use your leadership, if confirmed, so
    that we have a sensible, multimodal transportation commitment
    to be as friendly as we can to reduce congestion in the most
    environmentally friendly way?
        Ms. Nason. Yes, Senator. Peoples' transportation needs are
    diverse. There are a lot of factors that go into choosing how
    you get from one place to another from time to cost. I would be
    happy to work with you on those issues if I am confirmed.
        Senator Cardin. I appreciate that and I look forward to
    working with you.
        Thank you.
        Senator Barrasso. Thank you, Senator Cardin.
        Senator Braun.
        Senator Braun. Thank you.
        It was a pleasure meeting you the other day.
        I am from Indiana and we have a lot to address in
    infrastructure needs. You have to look forward. It is a very
    capital intensive thing. Our current budget and the condition
    it is in, where interest is dominating a big portion of it but
    mostly when it comes to the fact that we seem to be the least
    capable of taking on a big project like infrastructure across
    the Country just like we were in Indiana, to keep maintenance
    in line and actually do new stuff.
        Do you think it is realistic to maintain and 80-20
    traditional funding role to really accomplish what the Nation's
    needs would be?
        Ms. Nason. Thank you, Senator.
        As you and I discussed, Indiana has made some strong
    choices regarding investment. The question of match and how we
    are going to finance the next legislative proposal, whatever
    this committee chooses to do, is one that I do not think FHWA
    should dictate but be a part of the conversations because, as
    you know, what works in Indiana does not work in New York.
        I would be happy to work with you as we move forward on
    legislation to see whether we have the right balance.
        Senator Braun. Thank you.
        My personal opinion is we are going to have to come up with
    something new.
        In Indiana, we were creative. We did what was called a
    Community Crossings Program which was to challenge counties and
    cities to actually put skin in the game. Of course they
    universally complained about it in its formulation. They
    indicated that was the State's responsibility. All I can tell
    you is it has been an overwhelming success.
        Do you think that States that put more of their own skin in
    the game should receive some type of priority when it comes to
    Federal funds that are going to be increasingly scarce?
        Ms. Nason. I do think States which have demonstrated
    leadership are States that we can work closely with and learn
    from, how they were able to message and what their success was,
    certainly a State like Indiana.
        I would be happy to work with you on whatever changes this
    committee decides to make in the next legislation.
        Senator Braun. I would like to ask you to give some thought
    to how you think a similar dynamic might work because it is my
    opinion that if we are going to address infrastructure needs,
    it is going to take something different from what we have had
    leading up to this point.
        In general, on infrastructure, it is not only the condition
    of maintenance but there are so many new things that need to be
    done. In your opinion, when it comes to maintenance of roads
    and bridges, where do you think it really is on the Federal
    landscape?
        I can tell you when we looked at it in Indiana, probably
    back in 2015, almost half a percent of our roads and bridges
    were headed in the wrong direction. Until we basically doubled
    our stream of funding, we were going to let that trajectory
    continue.
        How are you sizing up the Federal picture? Is it similar to
    what we saw in Indiana or do you think maintenance is less of
    an issue and new construction might be the bigger challenge?
        Ms. Nason. I do think they are both important but I think
    maintenance is particularly critical. It is a place where
    Federal Highways can be very supportive and provide good
    information. They do condition and performance reports, for
    example, annually on the State of our bridges across the
    Country, not just State by State but how we are looking
    nationwide, where and how we need to invest. I think, if
    confirmed, Federal Highways has a lot of good information we
    can share with the Senators.
        Senator Braun. Very good.
        In summary of everything we talked about, please give
    thought and focus on how we get enterprising, responsible
    States to maybe have some preference when it comes to engaging
    and if they are willing to put more skin in the game that maybe
    they should get more of the scarce Federal dollars.
        Ms. Nason. Thank you.
        Senator Braun. Thank you. I yield.
        Senator Barrasso. Thank you very much, Senator Braun.
        Senator Whitehouse.
        Senator Whitehouse. Thank you, Chairman.
        Welcome, Assistant Secretary Nason. We are glad to have you
    here.
        Secretary Chao appeared before this committee in May 2017.
    When she did, I asked her how sea level rise is affecting our
    coastal infrastructure. As you and I discussed in my office,
    Rhode Island has 400 miles of coast, and the measured sea level
    rise is a very serious and significant issue for us.
        The Secretary agreed to look into the issue, and I followed
    up with a letter to her that I would ask to be made a part of
    the record of the hearing.
        Senator Barrasso. Without objection.
        [The referenced information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Whitehouse. Before receiving the Secretary's formal
    response, we managed to get our hands on the draft response,
    the letter that the career staff sent up to the Secretary's
    office for her final approval. Then shortly after that, we got
    the letter from the Secretary's office.
        When you compare the two letters, you see some pretty
    significant, notable differences, which I have redlined here.
    One is that the phrase ``sea level rise'' here is struck out of
    the career letter and the word ``rise'' is replaced with
    ``variations.'' The term ``variations'' implies wrongly that
    the sea level rise that we're seeing now in Rhode Island is
    consistent with natural changes over geologic time, when in
    fact, the current rise in sea levels is a direct consequence of
    human activity, of carbon pollution, and it is occurring at
    rates that humankind hasn't seen in thousands and thousands of
    years. And we actually measure this stuff at Naval Station
    Newport.
        So there is that change. Then down here, the political
    staff presumably of the Secretary's office, struck out
    ``environmental conditions such as extreme weather events and
    climate change.'' Well, we live in Rhode Island, in a world of
    extreme weather events and climate change. I think we all do.
        So what worries me about this is that it looks like we are
    seeing political censoring for ideological purposes. And I
    think that the climate denial and the censoring and the
    nonsense has got to stop. We may have disagreements about what
    to do about climate change; we ought to be having a bipartisan
    discussion about solutions. But this business of just striking
    it out of letters so that it doesn't even come up, and we are
    not even allowed to talk about it, is ridiculous.
        So it forces me to ask you your assurance that you will not
    censor and ignore the facts and the science in the manner in
    which you go about your duties as a Federal Highway
    Administrator.
        Ms. Nason. Thank you, Senator Whitehouse. I am unfamiliar
    with this issue, and I haven't seen the letter.
        Senator Whitehouse. And I don't expect you to defend the
    letter or any of this. My point is that this is a continuing
    problem, dealing with this Administration. For those of us that
    have coastal infrastructure and that are coastal States, to
    have a Federal Highway Administrator who will pay attention to
    real facts and real science is a matter of importance.
        Ms. Nason. At NHTSA we always said, good data is king.
        Senator Whitehouse. Good.
        Ms. Nason. And I am a firm believer in good data, so I can
    commit to you that we will give you the best possible
    information. I also wrote down the words political retaliation.
    That is not something that I have ever accepted, either at the
    State Department or at NHTSA. I have never seen any indications
    of that, but I can assure you I would not support having staff
    feel intimidated for any reason.
        Senator Whitehouse. Good. One of the reasons that this is
    important is this Providence Journal headline from just a few
    days ago, Climate Change: Washed Away, Home Values Lost to
    Rising Sea Levels. What the study that formed the basis for
    this front page above-thefold article in my home State
    newspaper shows is that Rhode Island has lost nearly $45
    million in home appreciation values between 2005 and 2017.
        It is the Rhode Island part of a study that began in
    Florida and went up the coast through New Jersey. It hit
    Massachusetts, so when it hit Rhode Island, so Senator Markey
    had the same study now. If you lokao t all the different States
    that have been reviewed in this what was originally a peer-
    reviewed study in Florida, and has moved, the same methodology,
    to cover other States, there is a total of $15 billion lost in
    coastal home values.
        That is a big deal for these families and businesses. And
    it can't be ignored. They are not alone. If you go on to look
    at their report, pull up the other one, here is what one of the
    authors of the report said: ``Each time we analyze a new State,
    we see the same phenomenon. Increased tidal flooding leads to a
    loss in home value appreciation. As sea level rise accelerates,
    we expect a corresponding loss in relative home value to
    accelerate as well.''
        I can't ignore that. And I can't allow Administration
    agencies to ignore that, either.
        Go on to Freddie Mac. Freddie Mac is not an environmental
    organization, it is not a green organization, it is not a
    Democrat organization. It is a housing organization. And what
    Freddie Mac has warned is that rising sea levels and spreading
    flood plains appear likely to destroy billions of dollars in
    property and to displace millions of people. The economic
    losses and social disruption may happen gradually, but they are
    likely to be greater in total than those experienced in the
    housing crisis and great recession.
        I just want to make those points, because it shows how
    important it is to us to be getting fair and factual and
    properly based scientific determinations out of our Federal
    agencies. Because this stuff is serious and it is big and it is
    coming at us.
        Thank you to the Chairman for letting me go over my time.
        Senator Barrasso. Thank you very much, Senator Whitehouse.
        Senator Sullivan.
        Senator Sullivan. Thank you, Mr. Chairman.
        Ms. Nason, welcome. Thank you for your service.
        I was looking at your bio. You might not know this, but are
    you the first potential Administrator of the Federal Highway
    Administration who is a black belt in karate?
        Ms. Nason. You know, I don't know if they keep that
    statistic. I might be.
        [Laughter.]
        Senator Sullivan. I just through that was interesting.
        Senator Barrasso. I would point out she is the first one
    that actually has a TED Talk online of talking about her and
    showing in action her black belt abilities.
        Senator Sullivan. So if you ever have any issues with
    Senator Whitehouse.
        [Laughter.]
        Senator Whitehouse. I yield without the necessity of any
    application of force.
        [Laughter.]
        Senator Sullivan. Just thought I might warn him. You have
    to be careful with her.
        Anyway, listen, I wanted to talk briefly about another area
    where States lose money, and I think it is really important.
    That relates to permitting time lines. Particularly
    infrastructure time lines.
        My State, the great State of Alaska, is kind of ground zero
    on groups that like to delay and slow and shut down any kind of
    infrastructure. We are very resource-rich State, but
    infrastructure-poor State, almost 10,000 miles of roads, which
    probably is not much more than a lot smaller States in our
    Country.
        So what we have experienced, let me just give you a couple
    of examples. The King Cove Road, that is a road on the Aleutian
    Island chain, the Trump Administration finally approved that.
    That took about maybe 30 years, 12 miles. A twelve-mile road,
    dirt road. Took almost 20 years to permit a gold mine in
    Alaska, because of litigation. By the way, it is the Kensington
    Mine, it employs almost 400 people at an average wage of
    $100,000. But 20 years of fighting and ridiculous delays on
    that.
        Took 7 years to permit an exploration well in Alaska, and
    $7 billion. Shell tried to do that and the last Administration
    made sure that it almost took a decade. It takes on average in
    America 7 years to permit a bridge. Took over 8 years, almost a
    decade, to permit the Keystone Pipeline.
        This is just ridiculous, and it hurts States, it hurts
    average citizens. It hurts the Country. I guarantee it doesn't
    take 19 years on average to go from permitting a highway, your
    job, to completion. Nine to 19 years. I don't think China
    permits roads in a two-decade time period.
        So can I get your commitment to work with this
    Administration? I do think it is a bipartisan issue, by the
    way. I don't think my colleagues on the other side of the aisle
    think 20 years to permit a highway is a good idea. Can I get
    your commitment to work with this committee on permitting
    reform in a way that makes sense for the average American? This
    is not a partisan issue. Seven years to permit a bridge is
    madness.
        Ms. Nason. Yes, Senator, I would be happy to work with you
    and members of the committee.
        Senator Sullivan. I have a bill called the Rebuild America
    Now Act. It looks at common-sense permitting reforms,
    particularly for infrastructure and highways, to do what most
    Americans want, which is not cut corners on the environment,
    but not take a decade to permit a piece of infrastructure. Can
    I get your commitment to work with me and this committee on
    those issues?
        Ms. Nason. Yes, Senator, I would be pleased to review that
    legislation and work with you.
        Senator Sullivan. Let me ask, I also want to get your
    commitment to come to Alaska. Like I said, we have a lot of
    unique challenges in my State, some of which relate to
    permitting. There are certain groups that usually don't live in
    my State that want to make sure you can't build a road in
    Alaska, even though most States and communities can build
    roads. They seem to want to make sure we can't build roads.
        But one of the things, the FHWA recently put out a guidance
    memo that I would like to sit down with you and discuss a
    little bit more. It significantly shortens the time line on
    when the construction projects and seasons close. As you might
    know, in Alaska, we have a really short construction season
    relative to any other State because of our long winters. So can
    I get a commitment from you to work with me just on some of the
    elements of that memo? Just because I don't think it looks at
    unique aspects of different States, particularly different
    construction time lines.
        Ms. Nason. Senator, first of all, I haven't' been to Alaska
    in many years. I would be pleased to go, with you and your
    staff.
        Senator Sullivan. Good. Great. We would love to host you
    there.
        Ms. Nason. Always a beautiful trip.
        Senator Sullivan. Good. And then finally, just if you
    haven't, and I am running out of time here, but your vision, I
    know you laid it out in your opening statement, but can you
    list very quickly your top three priorities on what you want to
    get done as the Administrator?
        Ms. Nason. Sure. Thank you, Senator.
        I would like to focus, of course, on safety. But I am
    particularly interested in pedestrian and cyclist safety, which
    was an issue I didn't get to spend that much time on at NHTSA.
    We had so many congressional mandates that we were trying to
    implement. So that is something I would like to go back to, and
    I think Federal Highways can be very important there.
        I also think there is a lot of interesting new technologies
    that are very cross-cutting across the modes. So I would like
    to work with my fellow modal administrators to see what the
    advantages and disadvantages of these new technologies are and
    how can we implement them safely.
        Third, I would like to travel. I would like to go and meet
    people where they are. That was very important at NHTSA, to go
    and visit communities locally, instead of bringing everyone to
    Washington, to hear first-hand about the challenges they are
    facing. So that would be something I would like to work on.
        Senator Sullivan. Great. Thank you very much. Thank you,
    Mr. Chairman.
        Senator Barrasso. Thank you, Senator Sullivan. Senator
    Markey.
        Senator Markey. Thank you, Mr. Chairman, very much.
        Cape Cod, economic pillar, Massachusetts, recreational
    oasis. But only accessible by, on land, by two bridges build in
    the 1930's by the Army Corps of Engineers. They are
    deteriorating and we are going to need some help in order to
    make sure that we have, in the 21st century, as good a system
    as we had in the 20th century. The Army Corps owns the bridges.
    It is currently conducting a study to evaluate options for
    replacing the bridge, which could cost up to $600 million. The
    Army Corps' entire budget is only $6 billion a year that they
    have to use to support every one of their programs.
        So we are going to be in a process of talking to the Army
    Corps, which we are already about this. And as we talk about a
    surface transportation bill, which the Chairman is talking
    about bringing through this committee, I am going to be
    fighting to make sure the Federal Highway Administration has
    the resources and the authorities it needs to help replace
    these bridges.
        Would you commit to work with me on this very complex
    project?
        Ms. Nason. Yes, Senator Markey. As you know, I am in
    Connecticut. I have friends who leave for Cape Cod at 2 in the
    morning so they can avoid the traffic, so I would be happy to
    work with you on that.
        Senator Markey. Excellent. So you are an expert on this.
        Ms. Nason. I have never been stuck on the bridge.
        Senator Markey. Yes. Mark Twain used to say an expert is
    anyone who lives more than 200 miles away from the problem. So
    people now have to anticipate getting up at 2, knowing that
    there is a problem they are going to have to deal with when
    they hit those bridges at Cape Cod.
        Senator Whitehouse has already talked about the impacts of
    climate change on our highway system. What I would ask from you
    is that you would work with us to encourage transportation
    planning organizations to reduce vehicle miles traveled, curb
    greenhouse gas emissions when using Federal funding for highway
    projects. Can you make that commitment to us?
        Ms. Nason. Yes.
        Senator Markey. Thank you. Next, we have an increasing
    problem, again related to climate change, because it clearly is
    having an impact on the ability for people even to escape. We
    have seen that in Hurricane Harvey, Irma, Maria, western
    wildfires, flooding in the Midwest, to name a few. The Federal
    Highway Administration has found that many of the Nation's
    critical mass evacuation routes face a series of impediments,
    including evacuation planning equipment acquisition, resiliency
    and capacity. Would you support providing more resources to
    State and local governments to improve the ability of people to
    get out of harm's way?
        Ms. Nason. Again, Senator, having grown up on the very east
    end of Long Island and been stuck, and being the daughter of a
    first responder, I understand how frightening it is for people
    when they are trapped during any kind of catastrophic weather
    event. So I would be pleased to work with you, if I am
    confirmed, to make sure that are building greater resiliency
    into our system.
        Senator Markey. I am going to re-introduce my ESCAPE Act,
    Enhancing the Strength and Capacity of America's Primary
    Evacuation Routes, as legislation. I would love to work with
    you on that as we are moving with the Surface Transportation
    Bill, which the committee is going to be considering.
        Then finally, it is on cybersecurity, it is on the issue of
    the connected car era that is about to dramatically expand. We
    already have it, but it is going to be on steroids. Every
    vehicle will be a computer on wheels, and gathering massive
    amounts of data about each and every person, each and every
    family, each and every child in those vehicles. Everything that
    they are doing is going to be inside of a data base.
        But it will also be gathered because there will be a
    digitization of the roads, bridges, other transportation
    infrastructure. So I want to work with you on the issue of
    cybersecurity as we are now planning in the next generation,
    the 21st generation of all of this infrastructure. Because this
    information, historically, has just been within the family.
    Now, the government will have access to it as well. Could you
    talk about that a little bit?
        Ms. Nason. Senator Markey, we spend, as the Assistant
    Secretary for Administration at the State Department, as you
    know, State spends a great deal of time talking about
    cybersecurity, more in closed briefings than open. But it is an
    issue that as the chief procurement officer, the whole
    procurement team is spending more and more time on thinking
    about, where is our tech coming from, who are the providers who
    are supporting it, what data is it collecting, where is it
    being stored. So I would be pleased to work with you on that.
        Senator Markey. Great. So on the one hand we don't want
    FHWA to be compromising the privacy, but we also don't want our
    own Federal Government to be compromising the information of
    people as they innocently are driving the roads and bridges of
    our Country. It should be their business, not the business of
    the Federal highway Administration. So I want to work with you
    on that as well. Thank you, Mr. Chairman.
        Senator Barrasso. Thank you, Senator Markey. Senator
    Gillibrand.
        Senator Gillibrand. Thank you, Mr. Chairman. Thank you for
    this hearing, thank you for your testimony.
        Ms. Nason, the construction of the highway system remains
    one of the most transformative achievements in our Nation's
    history. While these highways connected cities and towns from
    coast to coast and to the global market, the construction of
    this system too often destroyed communities, particularly
    minority communities.
        I have seen first hand in my State where Robert Moses
    steamrolled historic neighborhoods in order to build highways
    that served commuters, often at the expense of those who lived
    there. InterState 81 cut through neighborhoods in Syracuse,
    severing residents from the broader community and limiting
    their economic opportunity.
        The I-81 viaduct through downtown Syracuse is now past its
    useful life and the State is studying options for replacement.
    After conversations with community stakeholders in Syracuse, I
    have voiced my support for the construction of a street-level
    community grid to replace the elevated portion of I-81 as a way
    to revitalize all of Syracuse's downtown and connect all of the
    community to opportunity. Communities across our Country face
    similar decisions as our infrastructure continues to age.
        This creates real opportunity to learn from the mistakes of
    the past and reimagine how we build a transportation
    infrastructure to be more equitable. What role should the
    Federal Government play in addressing the past Federal Highway
    projects that marginalize some communities, especially minority
    communities?
        Ms. Nason. Thank you, Senator Gillibrand. As a New Yorker,
    I certainly know who Robert Moses was. I have been stuck on
    that parkway.
        I agree that the system was transformative. I think Federal
    Highways is in a place where, not to dictate to State and local
    governments, but to make sure that we are working with MPOs and
    State and locals that are planning for connectivity of all
    communities, and to help provide good information and the best
    data possible, so that States and local and tribal governments
    can make better decisions about making sure that all
    communities are connected and benefited.
        Senator Gillibrand. That sounds good. What do you think the
    Nation can do to prioritize economic and environmental justice
    in our transportation planning?
        Ms. Nason. I don't want to overState Federal Highways'
    role. But I do think there are many ways that we can work with
    our partners, associations, MPOs and others, to make sure that
    we are thinking through and we are asking some of these tough
    questions of State and local governments, and to make sure that
    they are thinking through all of the challenges.
        Senator Gillibrand. Thank you. Different topic. Truck
    underrides are a major cause of death and injury on our
    Nation's Federal highways. Last year, the National Sheriff's
    Association was the first law enforcement organization to
    endorse the Stop Underrides Act, a bipartisan bill. They
    endorsed this bill because day in and day out, the witness the
    aftermath of underride crashes and have experienced the loss of
    their fellow law enforcement officers in these accidents.
        First responders know that their own safety and the safety
    of the public that they serve continues to be put needlessly at
    risk every day because we don't have effective and
    comprehensive truck underride protection. Drawing on your
    experience from NHTSA, do you believe it is necessary to update
    the 1998 USDOT rulemaking to require stronger performance
    standards for rear underride guards?
        Ms. Nason. Senator, I know there was a horrific crash in
    upState New York. And putting on my NHTSA hat for a minute, I
    can say that we are always interested in knowing if there is
    better data.
        Senator Gillibrand. Right.
        Ms. Nason. And reviewing and updating standards, I believe
    IHS has some new information that they might be able to share
    and provide additional information that Federal Highways, again
    as I noted in my opening statement, I hope to work very closely
    with the NHTSA Administrator, with Federal Motor Carriers.
        Senator Gillibrand. I would like to work with you to make
    sure we get better data collection, and we can do a more
    comprehensive solution to this urgent crisis.
        Ms. Nason. Sure.
        Senator Gillibrand. Similarly, last October, 20 people died
    in a horrific limousine crash in Scoharie, New York, making it
    the deadliest transportation accident in the United States in 9
    years. Since the accident, many concerns have been raised about
    the safety of stretch limousines, and the loopholes in our
    Federal safety laws that result in lower occupant safety
    standards for these vehicles, relative to other vehicles on the
    road.
        Additionally, this accident occurred at a notoriously
    dangerous intersection on New York State Route 30. If
    confirmed, will you work with States and local officials to
    ensure that dangerous intersections are a top priority? As
    well, will you work to ensure that FHWA is doing everything
    possible to respond to local concerns about safety of potential
    dangerous intersections, and to make sure communities can
    mitigate those dangers that exist?
        Ms. Nason. Yes, Senator, that was a horrific crash. I would
    be pleased, if confirmed, to have FHWA work with State and
    local governments regarding dangerous intersections.
        Senator Gillibrand. And I will submit my last two questions
    for the record. One is about using local work force to do large
    infrastructure projects, and the second is to talk about
    extreme weather and climate-related events having a huge impact
    on our transportation infrastructure. I will submit those for
    the record. Will you submit answers for those?
        Ms. Nason. Yes, Senator.
        Senator Gillibrand. Thank you very much. Thank you, Mr.
    Chairman.
        Senator Barrasso. Thank you, Senator Gillibrand. Senator
    Carper.
        Senator Carper. Thanks, Mr. Chairman.
        Mr. Chairman, I ask unanimous consent to submit for the
    record the January 2018 GAO report entitled Highway and Transit
    Projects into the record, as it relates to environmental
    reviews. GAO notes, and had previously reported, that 99
    percent of projects are not being held up by complex NEPA
    reviews. Federal Highway Administration officials expressed
    that categorical exclusions still constitute the vast majority
    of NEPA reviews for highway projects. I ask unanimous consent.
        Senator Barrasso. Without objection.
        [The referenced information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Thank you, sir.
        A couple of short questions, and I would invite a short
    answer OK?
        Ms. Nason. Yes.
        Senator Carper. Do you believe that a Federal-State
    partnership is a critical cornerstone of the Federal Aid
    Highway Program, and can you commit to continuing and even
    strengthening that cooperation between FHWA and its State,
    local and tribal partners?
        Ms. Nason. I agree it is a critical partnership.
        Senator Carper. Thank you. Here is another hard one. In
    2017, the most recent year for which data are available, nearly
    7,000 non-motorized users were killed. What will you do as FHWA
    to begin dramatically lowering these unacceptable numbers?
        Ms. Nason. Yes, Senator. I think I may not be as quick, but
    I do think there are plenty of places where FHWA----
        Senator Carper. It was a couple of weeks.
        Ms. Nason. From when we talked about pedestrian and cyclist
    safety. But most important in my testimony, having served at
    the department, I know how important it is for modal
    administrators to work together and to share information and
    data. I think FHWA, when focusing on safety, needs to work hand
    in glove with NHTSA, with Federal Motor Carriers, with even
    rail partners, to make sure that we are addressing the problems
    and we are providing good information for solutions for our
    State and local and tribal government partners.
        Senator Carper. A related question. A highway network is a
    crucial means of travel, as we know. However, it is also just
    one component of a much larger, more complex transportation
    system. What are your plans, what would be your plans to
    modernize our highway system in a way that seamlessly
    integrates into modes such as transit, such as rail, aviation,
    water and active transportation?
        Ms. Nason. I think having that multi-modal conversation is
    going to be essential. I trust that this is something this
    committee will be talking about as we move forward on
    legislation.
        One thing we have found at the State Department that is
    quite effective is traveling together. So rather than having a
    visit from diplomatic security and then a visit from the
    Administration and then a visit from Budget, we go together and
    we talk about problems together. We break off into different
    rooms, maybe, but then we come back together to have a more
    comprehensive conversation with all of our partners. That may
    be something that we could explore, I think, at DOT.
        Senator Carper. There is an African proverb that goes
    something like this, if you want to go fast, go alone. If you
    want to go far, travel together.
        Will you support new technologies that can help to improve
    multi-modal connectivity?
        Ms. Nason. Yes.
        Senator Carper. And here is not an easy question. This is a
    hard one. It is a hard one for all of us.
        The 800-pound gorilla in the room on Surface Transportation
    has been and remains how we are going to pay for this stuff.
    And I am not going to put you on the spot and say, how would
    you pay for it. But I would like to ask you to, just to give us
    a couple of ideas of things that you are aware of, I will just
    give you an example, vehicle miles traveled. We have a number
    of States that are involved in a pilot program that stretches
    from ocean to ocean. And we hope to learn a lot from that and
    to maybe be able to move in that direction later in the next
    decade.
        But give us a couple of ideas that you think we should
    consider as we try to figure out how to address this large and
    growing shortfall in funding surface transportation.
        Ms. Nason. I think most importantly, Senator, as Secretary
    Chao has said, all options are on the table right now for the
    Administration. I know some States are participating in the VMT
    pilot program and that might turn out to be very effective and
    provide very good data. Other States are looking at P3s, some
    States have raised the gas tax. We have registration fees.
        I think there are a variety of options, and one thing we
    have been, I know the Secretary has been----
        Senator Carper. Let me just ask you a question. Why do you
    think it is so hard for us to deal with this issue? Why do you
    think it is so hard? States have, you just mentioned, States
    have, Wyoming is among them, a number of States, 30 or so
    States have addressed these issues, about user fees. They have
    found remarkably, the legislators that vote for them, the
    Governors that support them, get re-elected. It is kind of
    amazing.
        But we can't find some, we can't summon the wherewithal to
    do that.
        Ms. Nason. I think part of the challenge is because the
    needs are so diverse. I spend my weekends in Vermont. It is an
    entirely different community than my days in D.C. And the drive
    from D.C. to Connecticut to Vermont changes dramatically as we
    go. In one place I have EZ Pass and there is no problem, and in
    another place, I am on a very narrow two-lane road, and I am
    hoping it has been plowed, because they have different weather
    challenges than we have in D.C.
        So I think because the needs are so different, that is why
    the solutions need to be different.
        Senator Carper. All right. Thanks. Thanks for that.
        I just want to say to Brady and Abby and Alex, I want to
    thank you for showing up today. I know it is hard to miss
    school, but you are good to have done it. I have been watching
    their faces, how they just seem to be reveling in the moment.
        [Laughter.]
        Senator Carper. But I just want to say that your husband
    has kept them in tow. I don't know if my wife and I, when our
    boys were your age, if they would have done this.
        But we are glad you did, and we are glad you didn't make
    any faces or roll your eyes at inappropriate times when your
    mom was talking. Thank you for joining us today.
        Ms. Nason. Thank you.
        Senator Barrasso. Thank you, Senator Carper.
        We have a number of letters of support for your nomination.
    The committee has received numerous letters, including letters
    from former Federal Transportation officials, representatives
    of State transportation departments, infrastructure industry
    stakeholders. I am asking unanimous consent to enter this large
    packet of letters into the record.
        And without objection, we will do so.
        There are no more questions from the panel, but members may
    be able to submit written and follow-up questions. I think
    Senator Gillibrand said she had a couple that she was going to
    submit. They can do that by 5 p.m. today. We would ask that you
    try to respond by noon on Friday, February 1st, so we can move
    ahead with your nomination.
        I want to thank you for your time, your testimony. Thanks
    to Secretary Mineta, you stuck through the whole thing. Don't
    you think she did a marvelous job?
        Mr. Mineta. Absolutely.
        Senator Barrasso. And on that, this hearing is adjourned.
    Thank you.
        [Whereupon, at 11:35 a.m., the committee was adjourned.]
        [Additional material submitted for the record follows.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]