    [Senate Hearing 117-618]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-618

                          HEARING ON THE NOMINATION OF
                      SHAILEN P. BHATT TO BE ADMINISTRATOR
                     OF THE FEDERAL HIGHWAY ADMINISTRATION
                      OF THE DEPARTMENT OF TRANSPORTATION

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

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION
                                   __________

                               SEPTEMBER 14, 2022
                                   __________

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

                      [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

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

                                   __________

                        U.S. GOVERNMENT PUBLISHING OFFICE

    51-438 PDF                 WASHINGTON : 2023

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION

                      THOMAS R. CARPER, Delaware, Chairman
    BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West
    BERNARD SANDERS, Vermont                 Virginia,
    SHELDON WHITEHOUSE, Rhode Island         Ranking Member
    JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
    EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
    DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
    MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
    ALEX PADILLA, California             ROGER WICKER, Mississippi
                                         DAN SULLIVAN, Alaska
                                         JONI ERNST, Iowa
                                         LINDSEY O. GRAHAM, South Carolina

                 Mary Frances Repko, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director
                                C O N T E N T S

                                  ----------
                                                                       Page

                               SEPTEMBER 14, 2022
                               OPENING STATEMENTS

    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
    Capito, Hon. Shelley Moore, U.S. Senator from the State of West
      Virginia.......................................................     3

                                   WITNESSES

    Hickenlooper, Hon. John, U.S. Senator from the State of Colorado.     6
        Prepared statement...........................................     8
    Bhatt, Shailen P., nominee to be Administrator of the Federal
      Highway Administration.........................................    10
        Prepared statement...........................................    13
        Responses to additional questions from:
            Senator Duckworth........................................    15
            Senator Kelly............................................    17
            Senator Padilla..........................................    19
            Senator Capito...........................................    21
            Senator Cramer...........................................    24
            Senator Lummis...........................................    27
            Senator Ernst............................................    29

                              ADDITIONAL MATERIAL

    Letter to Senators Carper and Capito from the:
        U.S. Chamber of Commerce, September 14, 2022.................    52
        American Association of State Highway and Transportation
          Officials, September 9, 2022...............................    53
        American Motorcyclist Association, September 20, 2022........    54
        American Society of Civil Engineers, September 14, 2022......    56
        American Traffic Safety Services Association, August 9, 2022.    58
        American Road & Transportation Builders Association,
          September 13, 2022.........................................    59
        League of American Bicyclists, September 8, 2022.............    60
        National Stone, Sand & Gravel Association, September 12, 2022    61
        International Bridge, Tunnel and Turnpike Association,
          September 12, 2022.........................................    63
        Environmental Defense Fund et al., September 13, 2022........    64
        Portland Cement Association, September 13, 2022..............    66

     HEARING ON THE NOMINATION OF SHAILEN P. BHATT TO BE ADMINISTRATOR OF
     THE FEDERAL HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION

                                  ----------

                         WEDNESDAY, SEPTEMBER 14, 2022

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The Committee, met, pursuant to notice, at 10:02 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (Chairman of the Committee) presiding.
        Present: Senators Carper, Capito, Cardin, Whitehouse,
    Markey, Kelly, Inhofe, Cramer, Lummis, Boozman, Sullivan, and
    Ernst.

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

        Senator Carper. Good morning, everyone. We are delighted to
    welcome all of you today to consider the nomination of Shailen
    Bhatt to serve as Administrator of the Federal Highway
    Administration.
        I see that you are joined by your wife, Neelam.
        Neelam, it is very nice to see you, and your daughters,
    Saanvi and Nandini.
        How are you?
        And Neelam, by your parents. It is not every day that the
    in-laws show up to say a good word for the nominee. That is
    especially noteworthy.
        We thank you all for your willingness to share Shailen with
    us today, if confirmed, as the Administrator of the Federal
    Highway Administration.
        We are also pleased to welcome here in a few minutes,
    Senator John Hickenlooper, former Governor of Colorado, who is
    going to be introducing our nominee shortly. We thank you all
    for joining us on this beautiful, sunny day.
        I also want to thank Deputy Administrator Stephanie Pollack
    for her leadership at the Federal Highway Administration over
    the past year and a half, and particularly for her work to
    implement the Bipartisan Infrastructure Law, much of which was
    authored in this Committee, which Senator Capito and I are
    privileged to lead.
        Let me begin today by offering a few words about our
    especially well qualified nominee. I have had the pleasure of
    knowing Shailen since 2011, more than a decade, when he assumed
    the role of Secretary of the Delaware Department of
    Transportation.
        As Secretary of DelDOT, Shailen helped the department
    integrate performance management measures to improve
    accountability. He also embraced innovative practices to
    improve services and helped to reduce the agency's debt.
        As a Delawarean, I am deeply grateful for Shailen's 4 years
    of service, during which he and the DelDOT team that he led
    delivered critical transportation projects from one end of the
    First State to the other. As Chairman of this Committee, I am
    delighted that he is again willing to serve our country, this
    time in the role of Administrator of the Federal Highway
    Administration.
        Shailen is no stranger to this Committee. He has been
    called to testify twice previously for hearings: Once when the
    Committee was considering innovative transportation mobility
    and a second time to testify on security threats to our
    physical infrastructure. Throughout his interactions with our
    Committee, he has demonstrated a commitment to being
    responsive, something that is very important to all of us. He
    has been responsive to the questions and the concerns that we
    have raised with him throughout the years.
        Shailen also brings a wealth of experience to this role. In
    addition to serving as the State transportation leader in
    Delaware and in Colorado, he has served in the Federal
    Government as Associate Administrator for Policy and Government
    Affairs at the Federal Highway Administration. Just as
    important, he is experienced at the local level and with
    transportation non-profit advocacy organizations, as well as in
    the private sector in his role as Senior Vice President at
    AECOM, a multinational infrastructure consulting firm that I
    think most of us are familiar with.
        There is little doubt that this is why his nomination has
    been welcomed warmly by numerous transportation stakeholder
    associations. They include the American Association of State
    Highway and Transportation Officials, which awarded Shailen
    their President's Special Award of Merit in 2020 for his
    outstanding and exemplary contributions to the transportation
    field.
        Outside of his qualifications and accolades, it is
    important to note that Shailen's nomination comes at a pivotal
    time for the Federal Highway Administration.
        Last year, our Committee led the way in drafting the
    surface transportation legislation that became the foundation
    on which the Bipartisan Infrastructure Law was built. We
    literally wrote it in large part in this room. And as you will
    recall, this historic law provides much more than $350 billion
    of investment in our Nation's highway programs, including a
    significant increase in funding for competitive grants to be
    administered by the Federal Highway Administration.
        As we know, last month, the Congress also passed the
    Inflation Reduction Act, providing more than $5 billion in
    funding for grants to improve equity and access to reduce
    emissions from cement, from steel, and other roadway
    construction materials. The Inflation Reduction Act also
    includes additional fundings to facilitate timely environmental
    review of transportation projects, ensuring that the American
    people feel the benefits of these investments without delay.
        From day one, the current Administration set a goal of
    partnering with Congress to rebuild and enhance critical
    infrastructure while improving climate and equity outcomes.
    Less than 2 years later, I am proud to say we have made great
    progress toward that goal.
        Now, the work of implementing these historic investments
    could not be more urgent. We know that far too many Americans
    continue to lack access to safe walkways and reliable public
    transportation. Traffic crashes and fatalities, which were
    already far too high, have risen sharply since the start of the
    pandemic more than 2 years ago.
        And as the largest source of greenhouse gas emissions in
    the United States, dramatic changes are still needed to
    significantly reduce emissions from the transportation sector,
    from the cars and trucks and vans that we drive. We must do so
    while also protecting the American people and our critical
    infrastructure from the effects of extreme heat, flooding, and
    other climate disasters.
        Addressing these goals of safety, of equity, and of climate
    mitigation have been priorities at the U.S. Department of
    Transportation during the implementation of the Bipartisan
    Infrastructure Law. I have confidence that Shailen will be able
    to pick this ball up and run with it, as he has done time and
    time again.
        I pray that the Senate will move expeditiously to confirm
    him for this important role. It has been left vacant for far
    too long. From our years of working together, I know Shailen to
    be hard working, intelligent, fair, and open minded. If
    confirmed, I am confident that he will be committed to working
    with all 50 States and territories and every Senator to address
    the transportation priorities in their communities.
        We will hear from Shailen shortly, but before we do, let me
    first turn to Senator Capito for her opening statement.
        Senator Capito.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Thank you, Mr. Chairman, and thank you for
    calling the hearing today.
        Good morning and welcome to Mr. Bhatt and his very
    beautiful family. It is so nice to see you all, right there on
    the front row, reading your books. I love that. That is great.
        Congratulations on your nomination to serve as the
    Administrator of the Federal Highway Administration, FHWA, and
    I appreciate the frank conversation that we had yesterday in my
    office, and thanks for spending so much time with me.
        As we discussed, for almost 2 years, we have been operating
    without a Senate confirmed Administrator of FHWA, and it has
    been 2 years for the agency, much too long. The President
    signed the Infrastructure Investment and Jobs Act, IIJA Act,
    into law almost a year ago.
        It was cold that day, remember that? It was cold out there.
        Senator Carper. I remember you stood out in the crowd.
        Senator Capito. Yes, I did. Thank you.
        [Laughter.]
        Senator Capito. The foundation of the IIJA was our
    Bipartisan Surface Transportation Reauthorization Act of 2021.
    The IIJA included unprecedented funding to address the needs of
    our Nation's road and bridge infrastructure. It stood up a
    number of new programs and included significant project
    delivery provisions, such as an environmental review and
    permitting reforms for highway and bridge projects. This
    legislation proved that Congress can come together on pressing
    issues facing our Nation, and we know that we can find
    bipartisan solutions that deliver results for the American
    people.
        The staff at FHWA has been working hard to implement the
    IIJA. But there is still a lot of work to be done in order to
    ensure that funding gets out the door, shovel ready, and worthy
    projects move forward, and the law is implemented as Congress
    intended it.
        As we mentioned yesterday, time is money, and in this
    inflationary times it has become, I think, much more of a
    challenge with supply chain issues, as well.
        I am troubled and concerned by some of the implementation
    actions that the FHWA has taken in the absence of a Senate
    confirmed Administrator. While we all expected FHWA would
    prioritize the actions of the IIJA that advance the priorities
    of the Biden administration, I do have a great deal of concern
    when it appears the agency is outright neglecting to implement
    certain provisions of the bill, mainly the project delivery
    actions.
        I submitted questions for the record regarding
    implementation of the project delivery sections as a follow up
    to our March meeting with Secretary Buttigieg on IIJA
    implementation, but we have still not received any responses
    from DOT. Simple questions like, ``What modal administration is
    overseeing implementation of each section of the law?''
    shouldn't be a hard question to answer. Implementation
    deadlines should be readily available for the department to
    provide.
        With these easy questions unanswered, it begs the question:
    Is the department not actively planning implementation of
    certain sections of the law? This question is even more
    pressing as FHWA took it a step further by prioritizing the
    implementation of policies that were purposely left out of the
    law. This was the subject of our hearing, for me, anyway, with
    Secretary Buttigieg.
        We have seen this carried through in numerous guidance
    memorandum beginning with the December 16th FHWA memorandum to
    staff entitled ``Policy on Using the Bipartisan Infrastructure
    Law Resources to Build a Better America,'' and then in
    programmatic guidance documents from the National Highway
    Performance Program, the Surface Transportation Block Grant
    Program, and the PROTECT Program, just to name a few.
        Among those other items, these guidance documents encourage
    recipients of highway formulas to flex funding into transit
    investments. It discourages States from moving forward with
    projects that add highway capacity. It imposes a one size fits
    all approach by discouraging transferring program funds to
    where they are needed most, which was a flexibility that was
    intentionally built into the law to ensure that the States'
    unique needs could be met.
        You know, as a former State administrator in two different
    States, State flexibility is crucial to ensure that our
    transportation network can successfully meet the needs of all
    of our constituents.
        I invite you and anyone from the department, and we talked
    about this, to travel to my home State so that you can fully
    understand that some policies are not going to solve the
    transportation problems that we have in the State and in the
    mountains of West Virginia. While I have been told repeatedly
    that these are just guidance documents, my frustration is
    building when I consider the time that limited staff at the
    department and FHWA are devoting to such documents instead of
    implementing the law in its entirety.
        In July, the West Virginia Department of Transportation
    received a letter encouraging them not to transfer from one
    program to another, 3 months after the agency had approved the
    transfer. Let me reiterate the last part. The transfer had
    already occurred under an approval 3 months before, and then
    they were notified 3 months afterward that that behavior is to
    be discouraged.
        I am also hearing about a lack of responsiveness from FHWA
    and inconsistency in responses from division offices across the
    country, another issue that we talked about in my office.
        Recipients of funding are looking for consistent direction
    from FHWA that adheres to the law. If this does not happen, we
    run the risk of this investment not being fully utilized and
    the goals of the legislation not being fully realized as
    inflation adds urgency to maximizing this historic investment.
        It is time that the FHWA stops spending limited staff
    resources on what the political appointee's wish list is and
    instead focuses these resources on implementing what is
    actually in the law, the entire law, that Congress negotiated
    and passed with strong bipartisan support, and that the
    President signed.
        I am very interested to hear if and how you plan to turn
    this situation around and to understand what your priorities
    would be if confirmed. Will things look different than they do
    now, or will it be more of the same?
        This is a pivotal moment. FHWA has the opportunity to
    provide the States and other funding recipients with the
    guidance and support necessary to build a modern transportation
    network that works for all Americans, or the agency can serve
    as a roadblock.
        I am hopeful, that, if confirmed, you will lead FHWA in
    upholding the law, that your priorities as Administrator will
    recognize that transportation needs throughout our Nation are
    different in every State, and that you will not push a one size
    fits all approach.
        Chairman Carper, I yield back.
        Senator Carper. Thanks very much for that statement.
        We are going to hear from Senator Hickenlooper; he will
    come by and say a good word for Shailen.
        When I was coming near the end of my time as Governor of
    Delaware, people would say to me, what do you want to do next?
    I would say, I would like to move to another State and be their
    Governor, too. People would say, what State would that be? I
    would always say, West Virginia. You have a Chair and a Ranking
    Member here who care a lot about West Virginia, so I know that
    you will keep that in mind as you assume these
    responsibilities, should you be fortunate enough to be
    confirmed.
        We appreciate very much, Senator Governor Hickenlooper, for
    your being here and saying some words on behalf of Shailen.
    Please share with us the good, the bad, and the ugly at this
    time, please. Thanks.

                 STATEMENT OF HON. JOHN HICKENLOOPER,
                U.S. SENATOR FROM THE STATE OF COLORADO

        Senator Hickenlooper. There is only good. There is no bad;
    there is no ugly.
        I am delighted to be here to talk to you, Chair Carper and
    Ranking Member Capito and members of the Committee. Thank you
    for allowing me a moment to introduce Shailen Bhatt, who has
    been nominated to serve as Administrator of the Federal Highway
    Administration.
        When I was just entering my second term as Governor, I had
    an opening. My director of transportation left, and my staff
    went through a process, got the final three candidates, and one
    of them was from Delaware: Shailen Bhatt. Jack Markell, the
    Governor of Delaware, was one of my favorite Governors, one of
    my close friends, and it is with a heavy heart----
        Senator Carper. Would you say he is one of your two all
    time favorite Governors?
        Senator Hickenlooper. Exactly.
        Senator Carper. Thank you.
        [Laughter.]
        Senator Hickenlooper. I heard he was the second best
    Governor in the history of Delaware.
        Senator Carper. I wouldn't go that far.
        [Laughter.]
        Senator Hickenlooper. I went to great lengths. I called,
    with a heavy heart, Jack, and said, I won't even interview this
    person if it is a problem, because I knew Jack was the kind of
    person who would never accept that, and he would insist that
    Shailen get his fair interview.
        But the first thing that Jack said was, I have 22 other
    senior staff members in cabinet and senior staff. You could
    pick any one of them, just don't pick Shailen Bhatt. We
    laughed.
        And of course, Shailen was so remarkably prepared to run a
    State like Colorado. He came in as Executive Director of the
    Colorado Department of Transportation, and his ability to work
    with disparate interests in different groups all over the State
    was truly remarkable. I am delighted to see he is here with his
    wife, Neelam, his daughters, Nandini and Saanvi, reading those
    books. They work almost as a unit. And I think Shailen gets a
    lot of his power, his superpowers, from his family.
        He got off to a quick start at the Colorado Department of
    Transportation. He opened the I-70 Mountain Corridor, which
    connected with nearby express lanes. He launched something we
    called ``Bustang,'' which was a bus service in the mountains.
    Get it, Bustang, Mustang? One thing about working with Shailen
    is, everybody has fun, the staff, everyone is working on ways
    to do the work properly and quickly and efficiently, but to
    make sure that they are having fun along the way.
        He is probably most famous in Colorado for fixing what we
    called the Gap, which was a 12 mile stretch of I-25 between
    Denver and Colorado Springs. It had been just two lanes in each
    direction since the interstate was built. The traffic
    congestion was unspeakable. Shailen took it on, and not only
    took it on, but got it done. It opened, and it was a massive
    enterprise. It opened last year, almost 10 years before
    schedule.
        He would be equally happy to go to Boulder, Colorado, to
    work on biking lanes as he was to go town to the San Luis
    Valley in the far southern part of the State to work on getting
    crops to market more quickly. He strove at all times to deliver
    results for all Coloradans, and I think Shailen put his heart
    and soul into that.
        He also helped create a forward looking transportation
    future. He led a feasibility study to build something called
    the Hyperloop, which I was told the rumors of him using in back
    office, referring to the Hyperloop as some twisted concoction
    of my name. I was told with great confidence that that wasn't
    true.
        He oversaw the world's first commercial delivery by a self-
    driving truck, an autonomous vehicle. He deployed new
    autonomous protection vehicles to protect construction crews
    from distracted drivers, in other words, having vehicles that
    were protecting workers on the road at the same time, without
    putting a driver at risk there.
        All of this really demonstrated his bold initiative toward
    innovation and looking at how do we meet our evolving
    transportation needs as we implement this massive investment in
    our infrastructure. I cannot think of anyone better suited to
    lead the Federal Highway Administration.
        He is apolitical; he is focused on results; he is able to
    bring people from all different facets and backgrounds to the
    same point of compromise, and he really will ensure safety and
    reliability on our highways at the same time he is creating
    efficiency in getting things built.
        When Mr. Bhatt left Colorado, which was a sad day for us
    all, the Denver Post described him as a fierce advocate for
    transportation innovation. Given this experience, I not only
    support his nomination, I really look forward to his
    confirmation.
        I am happy to answer questions from any of the members at
    any point along the process. Thank you for inviting me to make
    this introduction.
        I yield back to the Chair.
        [The prepared statement of Senator Hickenlooper follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Senator Hickenlooper, thank you very much.
    That was a wonderful statement. I watched the faces of the
    family behind you, and they, I know, deeply appreciated it as
    well.
        I know you have a lot of other things going on this
    morning. You are welcome to stay for as long as you can. We
    will have other questions off the record, if we can just reach
    out to you and say, from time to time, during the confirmation
    process. That would be much appreciated. It was great of you to
    come this morning. Thank you.
        Senator Hickenlooper. Thank you.
        Senator Carper. With that, I am pleased to welcome Mr.
    Bhatt to the table where he has sat before.
        We want to thank you again for joining us today. You are
    now recognized for your opening remarks. Please proceed.

     STATEMENT OF SHAILEN P. BHATT, NOMINEE TO BE ADMINISTRATOR OF
                   THE FEDERAL HIGHWAY ADMINISTRATION

        Mr. Bhatt. Thank you so much.
        Chairman Carper, Ranking Member Capito, and members of the
    Committee, thank you for the opportunity to appear before you
    today as you consider my nomination to be Administrator of the
    Federal Highway Administration.
        I am honored and humbled by President Biden and Secretary
    Buttigieg for the opportunity to serve in this position. Thanks
    to their leadership and the tremendous work, passion, and
    commitment of this Committee, this is an incredibly
    consequential time for FHWA. If confirmed, I look forward to
    working with you to deliver the promise of the Bipartisan
    Infrastructure Law to the American people.
        With me today are my daughters, Saanvi and Nandini. They
    are missing school, but we hope today is educational. I would
    also like to thank my wife, Neelam, for her tireless
    sacrifices. Without them, I would not have had the career that
    I have had. I would also like to thank my in-laws who are here
    today and my mom and family who are watching. Thank you also to
    Senator Hickenlooper for the kind introduction and for being
    such a great boss.
        Before I speak about my qualifications, I want to convey
    the enormous respect I have for the leadership and staff of the
    FHWA. During my previous tenure there, as well as my time as a
    State DOT leader, I have always been impressed by the
    commitment, dedication, and passion of these public servants. I
    know that staff is working tirelessly to implement and deliver
    on the Bipartisan Infrastructure Law. I give you my commitment
    that, if confirmed, I will work hard to match the quality and
    spirit of this team.
        There are many challenges we face as a Nation with our
    transportation system. The National Highway Traffic Safety
    Administration projected that an estimated 42,915 people died
    in traffic crashes in 2021, a 10.5 percent increase from the
    previous year. We must deploy every tool to immediately reverse
    this trend.
        We must also restore economic strength. The interstate
    system that helped America emerge triumphant in the last
    century requires investment and innovation so we keep our
    competitive advantage for the 21st century. We must ensure
    equity in transportation because we are stronger as a Nation
    when we remove barriers so that everyone can share in the
    prosperity. And we must address the challenges of the climate
    crisis so that we do not put at further risk the trillions of
    dollars that have been invested in our transportation network.
        In addition to being an appointee at FHWA, I have had the
    great privilege to serve as a leader with three State DOTs
    across the country. I first served as a Deputy Executive
    Director with the Kentucky Transportation Cabinet. I learned
    first hand how critical transportation investments were to
    every one of the 120 counties in the Commonwealth. Whether it
    was a $200,000 sidewalk to help students get to a new school in
    a rural county, or $2.5 billion to build new bridges over the
    Ohio River in Louisville, I will never forget the impact of
    these projects.
        I also served as the Secretary of the Delaware Department
    of Transportation where I got to work closely with the senior
    Senator from Delaware. I watched in awe as he would show up to
    projects around the State in his well worn minivan.
        Chairman Carper, thank you for your kindness, hard work,
    and leadership for Delaware and the Nation.
        In Delaware, we worked with our Federal partners to achieve
    many goals. We added capacity to our interstate and installed
    electric charging stations on I-95 and US 13. We went from 31st
    to 4th in bicycle friendly States. We deployed technology and
    transit to get people to the beaches. We then used those same
    tools to evacuate and aid surrounding States when we were
    struck by Hurricane Irene and Superstorm Sandy.
        Finally, I also served under Governor Hickenlooper as the
    Colorado DOT Executive Director. Colorado had a different set
    of transportation challenges. Like many western States, we had
    a transportation system that was struggling with an influx of
    people and freight. Again, we used an all of the above
    approach. We added capacity but also linked those projects with
    transit and cycling investments.
        We created Bustang to provide intercity bus service. We
    partnered with Utah and Nevada to plan a regional EV corridor
    so that EVs could get across the region. We used technology to
    deploy the first self-driving work zone vehicle to protect
    vulnerable road workers, and we reconnected a neighborhood cut
    apart by the construction of the interstate by putting a four
    acre park over the new roadway.
        I share these experiences with this Committee because my
    career has taught me that we get the best results when we work
    together and listen. It is important for local leaders to
    listen to their constituents who are most impacted by these
    projects. It is important for State officials who own and
    operate the network to listen to the needs of their
    communities.
        Most importantly, it is critical that FHWA listen and
    understand the needs of the people they serve to be a true
    partner. Having served at the local, State, and Federal level,
    as well as in the private sector, to deliver these projects, I
    fully understand the importance of listening and partnering. If
    I am confirmed in this role, I promise to be a trusted partner
    and commit to strengthening our world class highway system
    while enhancing the quality of life for all Americans.
        Thank you for your time and consideration. I look forward
    to your questions.
        [The prepared statement of Mr. Bhatt follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Shailen, thanks very much for your
    testimony.
        Now, we are ready to being with some questions for you.
    Senator Capito and I have agreed to two 5 minute rounds of
    questions with additional rounds at the discretion of the
    Chair. To begin, though, this Committee has three standing yes
    or no questions that we ask of all nominees who appear before
    us. Let me ask you those questions.
        No. 1, 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? Do you?
        Mr. Bhatt. I do.
        Senator Carper. Second question: Do you also agree to
    ensure that testimony, briefings, documents, and electronic and
    other forms of communication or information are provided to
    this Committee and its staff and other appropriate committees
    in a timely manner? Do you?
        Mr. Bhatt. I do.
        Senator Carper. Finally, 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?
        Mr. Bhatt. I am not aware of any matters that would place
    me in a conflict of interest that have not been disclosed.
        Senator Carper. Fair enough.
        With that, we have a request from Senator Inhofe to proceed
    out of order. He needs to leave early.
        Senator Inhofe, we are happy to do that. Go right ahead.
        Senator Inhofe. Thank you, Mr. Chairman. I appreciate that
    very much. I have the same problem that I had once before, and
    I am going to make sure that it doesn't happen again.
        Mr. Bhatt, in my home State of Oklahoma, our State
    Department of Transportation maintains an 8 year transportation
    plan directing funds to projects that will have the greatest
    benefit to the people of Oklahoma. And I mention this because,
    as we discussed in my office, that is what really needs to be
    done. You get on with it, get it done, and quit talking about
    it. You have a great reputation for keeping that kind of
    discipline, which I appreciate very much.
        Due to the great work of our people in Oklahoma, Oklahoma
    has climbed from, listen to this, from 49th to 5th in the
    Nation in highway bridge infrastructure condition rankings,
    with less than 1 percent of all highway bridges considered to
    be structurally deficient. I bring this up because this folds
    right into the amount of work that you can get done because of
    your proven work ethics. I look forward to that.
        In your experience, how do project delays affect
    infrastructure investment made by States and the Federal
    Government?
        Mr. Bhatt. Thank you for that question, Senator Inhofe. I
    am still good friend with the former director, Mike Patterson,
    and I am really pleased to hear that Oklahoma has made such
    great progress in bridge condition, because that is a critical
    component of a transportation network.
        In terms of project delays, I think that whenever you have
    a project that is delayed, as the Ranking Member mentioned, the
    costs tend to go up, because that is just the way. The longer
    things go, the more that they cost.
        I always start with safety as our No. 1 priority. And I
    believe that, hopefully every time we are doing a new project,
    we are increasing safety. Any time we have a project that is
    delayed, we are continuing in an unsafe condition up until we
    can get that project delivered as quickly as possible.
        In my time as a DOT leader, I have tried to always push as
    quickly as possible to get projects completed. If confirmed, I
    will bring that same mindset to the Federal Highway
    Administration.
        Senator Inhofe. Good. I have no doubt about that, because I
    am concerned that the Department of Transportation may not
    award or may unfairly limit future grant funding to eligible
    projects simply because those projects do not meet the
    Administration's overarching policy goals.
        Mr. Bhatt, what would be your vision of how the Department
    of Transportation would judge projects that add capacity to
    future grant programs?
        Mr. Bhatt. Thank you for that question as well, Senator
    Inhofe. I think you started by talking about the plan that
    Oklahomans have come up with for their transportation system.
    And that is a product of input of local officials, State
    officials, and to me, that represents the will of the people of
    Oklahoma for their transportation system.
        Senator Inhofe. And they priorities that they have. That is
    right.
        Mr. Bhatt. The priorities that they would put forward. I
    believe that, in terms of capacity projects, if there are
    capacity projects that States are going to bring forward, in my
    time as a DOT director, I have added capacity in every State
    that I have worked in. We will, if confirmed, judge those
    projects according to the law.
        Senator Inhofe. I am sure you will.
        I have to add that it is unfair that you have all that
    beauty wrapped up into those little girls.
        Mr. Bhatt. Just in the interest of time, I will be brief. I
    was hoping they would look like me until later in life.
        [Laughter.]
        Senator Inhofe. All right. Thank you, Mr. Chairman.
        Senator Carper. You are quite welcome.
        Mr. Bhatt, as Chairman of the Committee, I have sought to
    find ways for our infrastructure investments to also promote
    equity for communities that have not always been treated
    fairly. Every State here that is represented on this Committee
    has communities like that, every one of us, certainly in
    Delaware, certainly in West Virginia, and frankly, every other
    State as well.
        The Bipartisan Infrastructure Law and the Inflation
    Reduction Act both included programs with an emphasis on
    improving equity, as you know. If confirmed, how will you help
    States and local communities invest in projects that uplift
    economically disadvantaged and marginalized communities? What
    opportunities do you see to improve the technical capabilities
    of disadvantaged communities to receive Federal funds and
    successfully deliver projects?
        Mr. Bhatt. Thank you for that question, Mr. Chairman.
    Before I was ever considered for this position, I think equity
    is an incredibly important concept because we don't want
    transportation to be something that people feel is being done
    to them. We want it to be something that people feel like we
    are doing with them.
        Governor Hickenlooper mentioned some of the projects that
    we did in Colorado. I would point to our I-70 viaduct
    replacement. It was a 50 year old bridge that was in really bad
    condition. The challenge in Denver was that on one side, there
    were some important businesses for the city, and on the other
    side, there was a school, there were neighborhoods that had
    been cut asunder.
        I just think about going to some pretty intense public
    meetings there and the community wanting to be heard. And so as
    I mentioned in my opening statement, we tried to reconnect that
    community. We went to the school there and offered to build
    them a new school, and they said no, this school is our school.
    This is our school and our communities. We want improvements
    made here.
        Some people thought that we were maybe taking too long, or
    it was not a good use of money. My daughters go to a school
    called Gate Elementary in Michigan, and if there was a big
    highway project going in right beside them, I would want a
    voice in that process. My commitment is I have seen these
    projects from all levels, and if confirmed, I will make sure
    that equity is at the front of everything that we do.
        Senator Carper. Good, thank you. Senator Inhofe is good
    enough to host in his hideaway most Thursdays that we are in
    session a Bible study. It includes Democrats and Republicans.
    Probably most folks would never imagine that we would gather
    and read the scripture together, pray together, share stuff
    together, but we do.
        One of the things that we always come back to in those
    meetings is the Golden Rule: Treat other people the way we want
    to be treated, whether they live on the other side of the
    street, the other side of town, the other side of the world. It
    is an important ingredient in the legislation that we have
    written. We are anxious to see that we pay full attention to it
    going forward.
        I am going to ask a question, if I could, about resilience.
    The National Oceanic Atmospheric Administration updated their
    projections for sea level rise in a report recently that found
    that sea levels will rise by an additional foot by 2050. Let me
    say that again: Sea levels will rise by an additional foot by
    2050. This is NOAA, the National Oceanic and Atmosphere
    Administration's most recent projections.
        They also found that disruptive and damaging floods will
    occur 10 times as frequently, 10 times as frequently, given
    what we have seen in places like Kentucky where my sister lives
    and where you used to live and play an important role. The
    future is, with respect to flooding, the present is
    frightening.
        It is clear that at this point, the world cannot avoid the
    effects of global warming. Communities will need to find ways
    to adapt to higher temperatures and more frequent natural
    disasters.
        My question: If you are confirmed as administrator, how
    would you have States account for these risks in the planning
    and design of future highways and other federally funded
    assets?
        Mr. Bhatt. Thank you, Senator. Listening to your question,
    I think about Prime Hook, which is a community on the coast of
    Delaware that I first learned about during Hurricane Irene.
    Then I found out that their community there, access to the
    community floods even during a high tide now because the water
    has been continuing to rise.
        I look as all of the climate challenges that are affecting
    weather; it is tornadoes in Kentucky, fires in Colorado,
    drought. This is something that our infrastructure was not
    designed to deal with. I think, if confirmed, I will want to
    make sure that we take an approach that we did in Colorado,
    which was looking at our assets from a climate resiliency
    standpoint. We actually discovered a culvert on I-70 that was
    really critical, that if it had washed out, would have caused a
    massive road detour. Bringing a scenario approach to it, to say
    you need to consider this, might be a good approach.
        Senator Carper. All right, thank you.
        With that, let me turn to Senator Capito. It is your turn.
        Senator Capito. Thank you, Mr. Chairman.
        As you and I talked about, and I mentioned it in my opening
    statement, I am concerned about the ongoing IIJA
    implementation. It began with the December 16th memorandum that
    was put out that really, I think, brought a lot of confusion,
    but also some concern that the flexibilities that each State
    has enjoyed to be able to make the determinations, whether it
    is equity or climate or capacity, those States have been able
    to make those decisions.
        It is also important to note that included in the memo was
    direct language from the bills that came out of the House,
    which the Chairman and I, in our negotiations, was not included
    in our bill. That is the will of Congress. What is your view of
    this memorandum, and how do you see it being used by FHWA
    moving forward?
        Mr. Bhatt. Thank you, Ranking Member Capito. Yes, I heard
    you clearly yesterday, and I have also watched the hearing from
    March.
        Even outside of that, I have heard from a lot of
    stakeholders in the industry about, initially, was there some
    confusion from States, I would say, that I believe that a lot
    of that confusion is beginning to abate because of segments
    from the Secretary where he has said that he intends to uphold
    the law.
        I would say that, if confirmed, I would want to make sure
    that, working with our State partners, that they understand
    that we just want to be consistent in following the law and
    that we will absolutely do that. I would just point to, as I
    mentioned yesterday, the project in Maryland that did receive a
    record of decision that evolves at a capacity as a signal that,
    even before my confirmation is being considered that FHWA is
    moving forward with some capacity projects.
        Senator Capito. Thank you.
        The other issue that we talked about was the inconsistency
    between the divisions, where West Virginia might get an answer
    in one area, and then North Carolina might get a different
    answer from their division. And I think that is particularly
    important when you look at this in light of the guidance that
    is out there, but also the effects of the law and the
    intentions of the law.
        What can you do to resolve those broad inconsistencies? I
    think you recognize they do exist.
        Mr. Bhatt. Thank you for that question, as well. I would
    say that, from my experience before with Federal Highways, one
    of the backbones of Federal Highways is the fact that we have a
    division office in all 50 States. And that is a great thing.
        But what can be challenging is those divisions are filled
    with people. People can hear or read one thing and maybe
    interpret it a little bit differently. Then that creates some
    of the inconsistency, potentially.
        One of the things, if confirmed, is I will plan to issue,
    obviously, clear communication, but then also follow it up with
    a lot of communication and visits with those division offices
    to make sure that we are able to spread this message of we are
    one agency, and therefore there is one answer that gets
    consistently delivered to all of our States.
        Senator Capito. I think that would be much appreciated in
    some sense, because it does eliminate time. If you think your
    other States or other regions are doing things differently, you
    are going to go back and keep trying, and that is more time;
    that is more money. That is more inability to get things done.
        I mentioned the thing that happened in West Virginia where
    the transfer of the funds, of the 50 percent of the funds went
    to another program, which is allowable in the law, and that
    they had received 3 months after they were given permission to
    do that, a letter discouraging them from doing that, which
    makes you wonder who is writing the letters.
        I would like to know that you would uphold the right of
    States to transfer up to 50 percent of certain highway programs
    to other eligible highway programs, and if you have any
    thoughts on that particular issue.
        Mr. Bhatt. Thank you.
        Senator Capito. Did you ever do that in Colorado?
        Mr. Bhatt. Thank you, Ranking Member Capito. Absolutely, we
    have flexed dollars. Delivering projects is a delicate balance
    of Federal dollars, State dollars, so you flex, you have CMAC
    money, and there are eligibilities for it. So I think when
    States are coming and saying, we need to flex funds, we want to
    make sure that we are making sure that we are allowing them to
    deliver those projects as quickly and effectively as possible.
        Senator Capito. When you were the transportation
    administrator in Colorado, you flexed funds, as much as 50
    percent? Don't recall?
        Mr. Bhatt. I don't want to give absolutes, but we
    absolutely worked with DRCOG in Denver for CMAC money to go to
    them, and then we would match it with State dollars. I am sure
    some of the Bustang funding, I just want to go back and double
    check, but yes, flexing is something that came out of Federal
    law a few years ago, and it is a great tool for States.
        Senator Capito. I appreciate your emphasis on that. Thank
    you.
        Senator Carper. Thank you, Senator Capito.
        Next, I think Senator Cardin is going to join us by Webex.
        Senator Cardin, are you there?
        No, he is not on Webex.
        All right, Senator Cramer is next in line. He is not here
    just yet; he has left.
        Senator Whitehouse is here. I see we have been rejoined by
    Senator Hickenlooper in the back.
        Thank you for coming, returning, to show your support.
        Senator Whitehouse, please.
        Senator Whitehouse. Thank you, Chairman, and welcome, Mr.
    Bhatt. I am sure you are a wonderful gentleman, and Senator
    Hickenlooper insists that Colorado is a wonderful State. But
    you do have a terrible disadvantage, which is that you have no
    coast, or at least you haven't in several million years.
        I am from Rhode Island, which is a coastal State. I don't
    know how well you know Rhode Island, but we have areas like
    Bristol, which are now part of our State, that will soon become
    islands due to sea level rise based on the existing projections
    by our Coastal Resources Management Council and by NOAA.
        There is a part of Warwick called Warwick Neck that is
    going to become Warwick Neck Island. The town of Warren, Rhode
    Island, is working very hard on a plan to deal with the loss of
    some of its major business areas along the coast and moving
    uphill to a different road as its central business area. It is
    a very deliberate and well thought through plan.
        If you are trying to get away from Warren and Bristol in a
    flood, you get onto Route 114, which takes you through
    Barrington, but Route 114 is a huge flood risk itself. An
    evacuation route from a flood that is itself flooded is not a
    very good situation. We already have fire and rescue equipment
    having to be positioned on Warwick Neck so that when it floods
    temporarily in big storms, those people are not separated from
    the emergency services that they may need.
        These coastal problems that we face as we look at sea level
    rise, which are slow and deliberate, and to some degree,
    inevitable, but are accelerated by storms and storm surge and
    huge prodigious rains that pour down, it creates a real risk
    for us.
        You will be implementing the Resilience Act that we call
    PROTECT that I fought very hard for in the bill. The formula
    grants are out, but the competitive grant program still needs
    to be developed.
        And I need your assurance that as you develop the
    competitive grant program, the particular and urgent needs of
    coastal communities that are at risk of losing vital
    transportation access are put at the very forefront of the
    department's concerns.
        Mr. Bhatt. Thank you, Senator. I appreciate your concern.
    From my time in Delaware, dealing with Hurricane Irene,
    Superstorm Sandy, looking at some of the inundation maps where
    basically east of Route 1, just because of the topography and
    the lack of any kind of elevation, we had to develop massive
    plans around evacuation, how do we get people out, how do we
    provision them when they are there, what do we do with debris.
        So I completely understand and appreciate that challenge
    for coastal States. My commitment, if I am confirmed, will be
    to work very diligently on this issue, because it is one that
    we have been looking at for a while. It is a mix of adaptation,
    some hardening. It is a big challenge.
        Senator Whitehouse. And an important piece of this is the
    planning that small, particularly coastal communities have to
    do. If you are New York City, you can take care of yourself, or
    you are Boston, you can take care of yourself. If you are
    Charlestown, Rhode Island, it can be pretty difficult to figure
    out what is going to happen. You have Moody's, your bond
    insurer, banging on your door saying, what are you going to do
    about this, because there is a foreseeable loss of property
    value, and therefore municipal revenue when the valuable
    coastal properties are flooded out or become uninsurable or
    become un-mortgageable. And to have the resources, if you are a
    small, coastal community to figure out what you need to do and
    get the studies right is really vital. Not every coastal
    community has that capacity.
        So I hope that you will pay particular attention to small,
    coastal communities seeking planning assistance in dealing with
    this risk.
        Mr. Bhatt. Absolutely, Senator. And I had mentioned Prime
    Hook as a classic example. We have a causeway that connected
    them. It was already flooding during high tides. So I remember
    them talking about their school bus, how their school bus
    couldn't get back in, not even during a hurricane, just a high
    tide.
        Senator Whitehouse. The other thing I want to work with you
    on is low carbon transportation materials. We both have a law
    in place and a bipartisan law that has been reintroduced by
    myself and Senator Collins, and it is to give composites and
    other types of materials a fair chance. I love iron and steel.
    But if you can do just as well with composites, and it lasts
    longer, support to pay the up front difference could be very
    helpful. But it is also important that the highway standards
    allow for those alternatives. Because if the only standards
    that an engineer can go to the book and find are iron and steel
    standards, you just put a huge obstacle in front of these
    alternatives. So I hope we can work out way through that as
    well.
        I have gone beyond my time, so I will just leave it there.
        Senator Carper. Thank you for going beyond your time and
    wrapping it at that point. Those are good points.
        We are joined by Senator Cramer.
        It is great to see you. You are on; take it away.
        Senator Cramer. Thank you, Mr. Chairman.
        Thank you for your willingness to take on the task, and for
    our discussion the other day.
        I want to follow up a little bit on the same line of
    questioning that Senator Capito brought up. I want to speak
    specifically to a different rulemaking process, and that is the
    greenhouse gas emissions performance measure notice of proposed
    new rulemaking, and how I believe that that directly
    contradicts the bipartisan bill as well, the Infrastructure
    Bill.
        I come from a rural State, North Dakota. We have a lot more
    miles of highway than we have people. But we are rather proud
    of the fact that we grow a lot of, and take very seriously that
    we grow a lot of, commodities, food commodities that feed a
    hungry world. That big world that is hungry is far from North
    Dakota. We grow a lot of energy for a growing national economy,
    and a global economy. We used to do a lot more of it, but we
    would like to do it again.
        So this vast system of highways that we manage is very
    important. And it is very, very rural. I am going to focus on
    rural for a minute. I think the regulations that come out of
    the Federal Highway Administration need to reflect that, that
    not every place is New York; not every place has a coast, but
    the coast has fierce advocates, and the mountains have fierce
    advocates, and so do the prairies of the Midwest. I think
    everybody is just a little bit different, and the rules have to
    reflect that.
        In the proposed rule that I am talking about, the
    Greenhouse Gas Emissions Reduction Rule, one of the things it
    indicates is DOTs can replace cars and trucks with a transit
    system. Well, we don't have the type of population densities in
    North Dakota that that is even plausible or possible, much less
    should be part of any rule. Getting back to flexibility,
    flexibility is really, really critical.
        I want to highlight that we reached a consensus in this
    country, and we agree that there is a need to streamline
    regulatory review. And the one agency decision rule that we
    have talked about already was part of the bill. We codified
    that in the bill.
        We discussed other things that didn't become part of the
    bill. One of my frustrations is that we are having a debate in
    the Senate right now over permitting reform, is that it seems
    that the bureaucracy requires, and I think coming from States
    like you have, and by the way, the fact that Senator
    Hickenlooper vouches for you is good, but the fact that former
    Governor Hickenlooper vouches for you is even better. He is
    like all these former Governors that are in the Senate, we have
    lots of them, they bring a level of common sense that is not as
    common as it ought to be around here.
        That said, I would like to hear your input on that
    overriding issue. What I worry about with the bureaucracy is
    that when we come up with permitting reforms, and we try to
    legislate them, what I have noticed is that unless we tell the
    bureaucracy exactly what they are required to do, and
    furthermore tell them exactly what they are prohibited from
    doing, they will do whatever they want to do.
        So please help me be reassured that you are going to
    advocate for States and for States' rights.
        Mr. Bhatt. Thank you, Senator. As I mentioned, you don't
    have a coast, but Devil's Lake is a place I visited a couple of
    times.
        You touched on a few things in our meeting and in that
    question. All I can say is, I understand that in Colorado, as
    an example, the transportation solutions that made sense in the
    Denver metro area were not what we were discussing out in the
    eastern plains or in other more rural parts of the State. My
    commitment is that I think the best solutions are the ones that
    are brought forth from the States and make sense in that it is
    not a one size fits all, it is that local decision that makes
    sense.
        On the permitting side, as I had spoken to earlier, it is
    just so critical from a safety perspective, for cost
    effectiveness, that we get these projects delivered on time and
    on budget. That would be my commitment if confirmed.
        Senator Cramer. I appreciated Senator Hickenlooper's
    quoting of the Denver Post that you are a fierce advocate for
    innovation. That is hopeful. I do believe that there are
    innovations that can allow us to do more quicker, efficiently,
    without compromising the integrity of our care for the
    environment and tax dollars.
        With that, I look forward to the second round. Thank you.
        Senator Carper. Thank you very much, Senator Cramer.
        We are joined by Senator Markey, who will be succeeded by
    Senator Lummis, and then by Senator Boozman, and then by
    Senator Sullivan.
        Senator Markey, welcome.
        Senator Markey. Thank you, Mr. Chairman, very much.
        Mr. Bhatt, the Cape Cod bridges are a crucial artery
    connecting 250,000 residents of Cape Cod to the rest of
    Massachusetts. They are the only route to and from Cape Cod for
    cars, so they are essential for emergency evacuation.
        The two bridges are nearly 90 years old, structurally
    deficient, in desperate need of replacement. Fortunately, the
    Bipartisan Infrastructure Law included billions of dollars for
    this exact type of project, including the $12.5 billion Bridge
    Investment Program run by the Federal Highway Administration.
        Mr. Bhatt, do you agree that the Bridge Investment Program
    is designed to fund critical projects like the Cape Cod
    Bridges, and will you commit to working with me on that
    project?
        Mr. Bhatt. Thank you, Senator Markey. As we discussed at
    length yesterday, I understand how critical these bridges are
    for Massachusetts. I would agree that from my reading of the
    language that that is exactly the kind of project that we want
    to support with that bridge money. And if confirmed, I look
    forward to working with you to solve that challenge.
        Senator Markey. Thank you. I appreciate that. No project is
    more worthy of Federal funding than that project. The Federal
    Government built those bridges almost 90 years ago, and if they
    are not replaced, we are going to have big problems up in
    Massachusetts.
        Over the past decade, fatalities for pedestrians and
    bicyclists have risen by 50 percent, in 10 years, fatalities
    for pedestrians and bicyclists have increased by 50 percent in
    the United States. That is why I fought for the Bipartisan
    Infrastructure Law to include my Active Transportation
    Infrastructure Investment program, which promotes walking and
    biking infrastructure and supports active transportation
    networks that allow people to safely travel without needing a
    car. Active transportation networks help reduce transportation
    emissions, increase mobility, and improve physical fitness. We
    have to ensure that our streets are safe for all road users.
        Mr. Bhatt, do you agree that active transportation networks
    both improve auto safety and reduce emissions?
        Mr. Bhatt. Thank you, Senator. Absolutely. In Delaware, we
    went from 31st to 4th in bicycle friendly States, and I did
    that as the Secretary. I now am really concerned about this as
    a father. My daughters and I and my family go biking a lot.
    Absolutely, active transportation is a critical component, and
    safety.
        Senator Markey. So I urge the Federal Highway
    Administration to begin issuing grants under this program, as
    soon as Congress provides funding.
        Climate change, I also want to talk about the Federal
    Highway Administration's new Greenhouse Gas Emissions
    Performance Standards. That rule is long overdue, and critical
    to addressing the climate crisis. The transportation sector
    accounts for an estimated 31 percent of total carbon emissions
    in the United States in 2021. We are driving our climate off a
    cliff. If we are going to live in a net zero emissions future,
    we need to drastically cut our transportation related
    emissions, starting now.
        Mr. Bhatt, do you agree that we have to immediately act to
    reduce our transportation emissions?
        Mr. Bhatt. Thank you for that question, Senator. It is
    pretty clear that there is a link now between emissions and
    greenhouse gases, and some of the climate events. I am really
    glad the Bipartisan Infrastructure Law had the first title
    recognizing that.
        Yes, I would agree that we should take an all of the above
    approach to try and make an effective change there.
        Senator Markey. Thank you. I am looking forward to working
    with you as the Federal Highway Administration finalizes its
    Greenhouse Gas Emissions rule. I am looking forward to working
    with you in the future.
        Thank you, Mr. Chairman.
        Senator Carper. Thank you, Senator Markey, for joining us.
        Senator Lummis, you are next, and unless someone else comes
    in between you and Senator Boozman, Senator Boozman will be
    next after you.
        Senator Lummis, welcome. Thanks for joining us.
        Senator Lummis. Thanks, Mr. Chairman. The great diversity
    of this Nation is just going to be displayed between Senator
    Markey's questions and mine, because in my State, there are
    only nine communities where the population is higher than the
    elevation. Think about that, where the population of the town
    is higher than the elevation of the town.
        The point being, Wyoming has extremely high elevations and
    extremely small populations. And EVs don't function as well at
    altitude. You can't go as far on a charge. So it is very
    challenging for States like Wyoming to reduce greenhouse gases
    through its automotive sector on our highways. You have been on
    Interstate 80; you know it is a commercial truck transportation
    corridor of real significance, linking the Nation between east
    and west.
        So I really understand why coastal States, States with
    small geography and massive populations, want this addressed.
    But in my State, I am concerned that this rule might be an
    electric vehicle mandate which Congress explicitly excluded
    during debates on the Infrastructure Bill. Or that it will,
    Federal Highway Administration will focus on this to the
    exclusion of congressional intent to recognize this massive
    diversity in our country.
        Can you help me know how you are going to balance between
    the understandable desires that Senator Markey just articulated
    and the concerns I have in a much different State?
        Mr. Bhatt. Thank you, Senator Lummis, and thank you for
    that conversation yesterday. I would say that having worked in
    Delaware and in Kentucky and in Colorado, you become very aware
    of what a beautifully diverse country this is, and how one size
    fits all doesn't always work. I would say that when Governor
    Hickenlooper, we were working as the cabinet, they were trying
    to get us to buy alternate fuel vehicles for all the State
    agencies. As the DOT, we had a lot.
        We did that to an extent. But as I mentioned yesterday,
    performance of those vehicles in the mountains at altitude, the
    cold, if you are pushing snow, you want to make sure you have
    the right vehicle for that context. So my commitment, and I
    also want to be clear that this is a rulemaking, it is still
    open in public comment period. So we will take all of those
    comments in before anything were to come out.
        I just want to make sure that we are making common sense
    decision. That is what I commit to if I am confirmed.
        Senator Lummis. Thank you. Electric vehicles and the
    mileage they can travel between charges is tested on flat
    ground, 70 degrees. There is no such place in Wyoming. So there
    is no way to get the same kind of mileage out of a charge in a
    State like Wyoming that you can in the areas where those
    vehicles are tested. Thank you so much.
        And thank you, Senator Markey, for your testimony as well.
    I recognize the differences between our two States.
        Senator Markey. And I thank you.
        You have represented, Denver is called the Mile High City,
    is it not?
        Mr. Bhatt. Yes, it is, sir.
        Senator Markey. So you probably have a lot of experience in
    high elevations and electric vehicles. So we will look forward
    to your expertise.
        Thank you.
        Senator Lummis. He does, indeed. I drive frequently between
    Denver and Cheyenne. Cheyenne is substantially higher than
    Denver.
        [Laughter.]
        Senator Carper. This could go on for a while.
        [Laughter.]
        Senator Lummis. I will switch to the highway cost
    allocation study. I had a legislation with another member of
    this Committee that would ensure future Congresses had better
    data by requiring the Federal Highway Administration to conduct
    a highway cost allocation study before the current
    authorization expires. Can you provide an update on that study?
        Mr. Bhatt. Thank you, Senator, for that question. I would
    be happy to more accurately do it through a for the record, if
    that would be acceptable.
        Senator Lummis. Absolutely, yes. Thank you.
        We talked a little about truck parking. I want to bring
    that up again. As I mentioned, the truck traffic in Interstate
    80 through Wyoming is phenomenal. You will drive for miles and
    see no passenger vehicles. It is just truck after truck after
    truck; it is truly a ribbon of highway uniting east and west
    for commercial trucking purposes.
        And the lack of truck parking is a major concern. So I want
    to get your thoughts on that issue. And I want your commitment
    you will work with me to help solve that problem, if you are
    confirmed.
        Mr. Bhatt. Absolutely, Senator Lummis. Through all my time
    in transportation, the critical importance of freight and
    making sure that when we talk about safety, the issue that
    those trucks have a place to spend their rest time is critical.
    I absolutely commit if confirmed to working with you on this
    important issue.
        Senator Lummis. We have been informed that with a looming
    railroad strike, it would take almost 500,000 trucks to replace
    the freight that is transported by rail. So that sort of
    illustrates how important some of our intermodal opportunities
    are in this country.
        I understand that there is an updated Jason's Law report
    that remains unavailable to the public. This report outlines
    the lack of available parking for truckers nationwide. Will you
    commit to an expeditious release of that report if you are
    confirmed?
        Mr. Bhatt. Senator Lummis, I would commit to an expeditious
    release to the extent that I would have purview, if confirmed,
    within Federal Highways.
        Senator Lummis. Thank you. I have a couple other questions.
    We sort of touched on them yesterday, about wildlife crossing
    pilot programs----
        Senator Carper. You are almost out of time. Do you want to
    ask them for the record? Or we are going to have a second
    round.
        Senator Lummis. Oh, great. I will probably just stay for
    the second round then. Thank you.
        Senator Carper. Senator Cardin has returned. To your point
    on the importance of freight rail, by rail, you can move one
    ton of freight from Washington, DC, to Boston on one gallon of
    diesel fuel. One gallon. It underlines the importance of your
    point.
        All right, Senator Cardin has rejoined us.
        Thanks for coming back.
        Senator Cardin. Thank you, Mr. Chairman, and let me thank
    our nominee for your previous public service and your
    willingness to serve in this critically important position. I
    also want to thank your family because it is a shared
    sacrifice. We appreciate your being shared for public service.
    Very impressive background.
        I first want to compliment you on your testimony. The
    balance between dealing with keeping our communities safe in
    the transportation programs and making sure that we can move
    people around our country, the concerns about local
    communities, I appreciate your commitment in regard to what you
    did in Delaware for cyclists. All these are important
    priorities, and I thank you for that.
        Senator Cramer mentioned the importance of State input in
    these decisions. And I agree with that. But I want to talk
    about local governments, our county governments, our municipal
    governments.
        One of the major changes in the Bipartisan Infrastructure
    package was a significant increased capacity on the
    Transportation Alternative Programs, 10 percent of the formula
    funding. And those programs' success depends upon the ability
    of local governments to have the ability to direct how those
    priorities are set. It is meant for the local communities, to
    enhance communities, particularly those that have traditionally
    not had the same degree of attention.
        I appreciate that you and I had a chance to talk about how
    you can help us understand, if there is a need for change in
    law, let us know, but how you can administer this program with
    the intent of Congress to allow local communities to be able to
    get access to these funds to improve the ability of safety,
    livability, those issues.
        Mr. Bhatt. Thank you, Senator. And I appreciate our
    conversation the other day. Having run an NPO, having run a
    State DOT, and having worked at the Federal level, I am so
    aware of the immediacy of these transportation impacts on local
    communities and how local communities have the most relevant
    information. Even taking the Federal side out of it, in States
    I have worked in, WILMAPCO in Wilmington, and in northern
    Delaware, at DRCOG, these planning organizations in
    coordination when there is a good relationship there, you get
    some good outcomes.
        But I understand as well that the intent of the law is for
    there to be some more local control around these decision and
    funding. We will work hard to make sure that we are able to
    achieve those goals, if I am confirmed.
        Senator Cardin. Quite frankly, it has worked in the past.
    We have had States that have really stepped up and have carried
    this out appropriately. On the other hand, there is great need
    locally. Some of these municipalities or county governments are
    relatively small in the political structure of a State. So if
    there is a need for a modification of the authorizing statute,
    we would appreciate if you would keep us informed as you try to
    carry out our intent.
        Mr. Bhatt. Absolutely, Senator, if confirmed.
        Senator Cardin. The second part I want to talk about is
    reconnecting communities. And I want to thank Senator Carper
    for his leadership on that. In Baltimore, we have the famous
    Franklin Mulberry Corridor, which was a highway to nowhere that
    divided inner city communities. It was a real harm to the
    community. Our intent is to now be able to use transportation
    funds to help deal with communities that have been adversely
    impacted by transportation programs. So the Infrastructure Bill
    made a specific effort in that regard.
        Can you share with us how your position can help us in
    making sure that part of the Infrastructure Bill is carried
    out?
        Mr. Bhatt. Thank you, Senator. If confirmed, I would bring
    that understanding of having gone to some very intense public
    meetings and hearing from folks how directly impacted they have
    been by the infrastructure, and decisions that we made in the
    past. I would bring that experience to have empathy, and to
    listen, and to be a good partner.
        Senator Cardin. I think the key here is balance. We
    recognize how important transportation infrastructure is to our
    economies. We have major needs in the State of Maryland, I went
    over some of them with you, on highways, and on bridges that
    are going to take major investment. So we are going to need the
    Federal Government to help us in that regard.
        We also have communities that have been left behind in the
    past. What we want to see is how we can administer these
    programs to deal with both. So I think balance here is going to
    be critically important.
        Thank you, Mr. Chairman.
        Senator Carper. Thanks for those questions. Thanks very
    much, Ben, for your leadership as our relevant Subcommittee
    Chair on a lot of the issues we are talking about here today.
        Senator Boozman, thank you for your patience. You are now
    recognized.
        Senator Boozman. Thank you, Mr. Chairman, very much.
        Thank you for being here, Mr. Bhatt. We had a good
    conversation the other day that I think was really very, very
    helpful.
        Recently I have had the opportunity to work with Senators
    Rosen and Blumenthal about a bill called the Drone
    Infrastructure Inspection Grant Act. What we are trying to do
    there is get drones more involved in the sense of all the
    wonderful things that they can do.
        One of the reasons that I am championing the legislation is
    because the Arkansas Department of Transportation has really
    embraced the use to augment human inspectors and spot flaws. We
    had a situation with the shutdown of the bridge separating
    Arkansas and Tennessee. Through that, we learned a great deal
    about different ways to inspect and become much more efficient.
        Really what I would like to know is your feelings about
    using that kind of technology. Also, the idea of instead of
    just arbitrarily putting 2 inches of asphalt on a road, having
    the drones overfly using the software or maybe one section just
    needs an inch, another one needs 2 and a half inches, and you
    have a much more level surface that is going to hold up a lot
    longer. All of those things that you know much more about than
    I do.
        Mr. Bhatt. Thank you, Senator Boozman. I really enjoyed our
    conversation on that technology piece. I would say, having been
    in a bucket truck and looked under those bridges with some of
    our DOT forces out in the field, someone who doesn't deal well
    with heights, I would appreciate the drone especially. But it
    is a more efficient use; if you get the same safety outcome in
    using ground penetrating radar. My private sector experience
    with AECOM, our CEO Troy Wood talks a lot about technology and
    this intersection of transportation and technology and
    deploying new opportunities. So if confirmed, I would be really
    excited to work with you on that.
        Senator Boozman. Very good. I want to emphasize again,
    Senator Lummis brought it up, about the truck parking.
    Arkansas, as you know, is a big trucking State, one of the
    biggest in the country. I am told that it is not uncommon at
    all for truck drivers literally to drive around 2 to 3 hours
    looking for a parking space, in the sense that they are getting
    dinged if they don't find it. It is that big of an issue.
        We talk about climate, how important that is; we talk about
    the supply chain, the fact that these things are so fragile
    anyway. We don't have the ability to have the truck drivers and
    the fleets that we need right now to transport anyway. Then the
    carbon that is emitted by maybe a third of the day, a quarter
    of the day spent instead of doing something productive, like I
    said, just driving around looking for a spot.
        So I guess really what I am asking is for you to commit,
    you are going to have some discretionary dollars that you can
    work with, to work with us so that we really come up with a
    solution. We have studied this thing, we have this and that,
    but it is low hanging fruit. It is something that we really
    could make a huge difference in for the supply chain.
        Mr. Bhatt. Thank you, Senator. I know this is a very
    important issue. It came up with Senator Lummis as well.
        I would just say that those hours of service are so
    precious that we want to make sure they are productive. There
    are technology solutions that alert drivers as to where they
    might be able to find a rest spot. So we want to try to push
    that with all the eligibility that is available under the law.
        Senator Boozman. The House has introduced the Truck Parking
    Safety Improvement Act. It is being passed by T&I. The
    committee right now is not able to move forward. I am being
    told that part of the reason it is stalled because of the delay
    in receiving technical assistance from Federal Highway.
        So that is something else I would really like for you to
    look into. You can probably do that for me now, and I know that
    folks are listening; we greatly enjoy working with the
    Commission. They do a very, very good job. But we need to move
    forward on that.
        Tell me, as we talk, in 25 seconds, tell me, do you have
    any other ideas about the supply chain, things that you can do
    to be helpful? And is there any other low hanging fruit out
    there that we can help you with?
        Mr. Bhatt. Thank you, Senator, for that. I think the supply
    chain has been a critical issue for DOT since Secretary
    Buttigieg has got there. I would just say very briefly, you
    have ports, and you have bottlenecks for the roads that come
    out, there is traffic, there are equity issues. My commitment
    if confirmed, I want to take an all of the above approach to
    say like what is the low hanging fruit that we can go out
    quickly and make some positive impact.
        Senator Boozman. Thank you.
        Thank you, Mr. Chairman.
        Senator Carper. Senator Boozman, thanks for coming early
    and staying late. Thanks for your questions as well, and
    participation.
        Next is Senator Kelly, then we will move to Senator
    Sullivan.
        Senator Kelly. Thank you, Mr. Chairman.
        Thank you, Mr. Bhatt, for being here with your family. I
    see your daughters reading Charlotte's Web over there.
    Fantastic. It is a good book.
        [Laughter.]
        Senator Kelly. I want to begin by discussing some of the
    important infrastructure projects that we have in Arizona.
    Arizona is different, just different than most States. When the
    interstate highway system was designed in the 1950s and 1960s,
    Arizona's infrastructure needs, they just looked different.
    Compared to other regions, our interstate highways are not
    designed to meet the needs of our growing State and the growing
    Southwest region.
        Right now, portions of Interstate 10 between Phoenix and
    Tucson, which are the two largest metropolitan areas in the
    State, they still just have two lanes with no access road. And
    a single accident can cause traffic jams for hours. This
    happens almost every day. Despite being two of the fastest
    growing cities in the country, Phoenix and Las Vegas still are
    not connected via an interstate highway.
        So that is why I worked to create the new National
    Infrastructure Project Assistance Program, which we are calling
    the Mega Projects Program, to fund major transportation
    projects with national or regional economic mobility and safety
    benefits. Or in other words, projects like this I-10 expansion
    between Phoenix and Tucson or the construction of a highway
    between Phoenix and Las Vegas, or even Tucson and all the way
    to Las Vegas, which would be called I-11.
        The Arizona Department of Transportation and our regional
    partners are committed to getting these projects done. And I am
    hopeful that the Federal Highway Administration can be a
    partner in these efforts. Mr. Bhatt, do you agree that Arizona
    and other fast growing States have different roadway
    infrastructure needs than other States?
        Mr. Bhatt. Thank you, Senator Kelly. I actually heard you
    bring that up in the March hearing as well. Senator
    Hickenlooper talked about the gap, there was a 12 mile stretch
    between Colorado Springs and Denver that we worked to
    accelerate that delivery. To me it is not just a capacity
    issue, it is a safety issue. If you have a crash on a two lane
    road, you have one lane taken by the crash, one lane for
    emergency vehicles, you shut down the entire roadway. If
    confirmed, I would look forward to working with you to try to
    resolve these issues.
        Senator Kelly. Do you think this infrastructure law can
    help States like Arizona or Colorado fund long overdue
    interstate expansion projects?
        Mr. Bhatt. Thank you, Senator. I would say it would be my
    great hope that if that is what the people of Arizona wish to
    pursue, that we would be a good partner to help them deliver.
        Senator Kelly. So, a little bit different topic here in my
    remaining time. As you know, nearly all of the Federal Highway
    Administration's funding programs require localities to provide
    a local match in order to receive grant or formula funding.
    This often puts small and rural jurisdictions at a big
    disadvantage when it comes to competing for funding from the
    Infrastructure Law. In some instances, rural communities, they
    can sometimes find a way to meet the minimum local match
    requirement. But then they are outcompeted by larger and more
    well resourced jurisdictions, who can offer a higher local
    match. Or worse, worst case, many rural communities may choose
    not to apply for funding because they cannot meet a local match
    requirement.
        Congress has provided some flexibility to these
    requirements. For example, the Rural Surface Transportation
    Program allows applicants to use other sources of Federal
    funding to satisfy a local share. And States are stepping up,
    too. This year the Arizona legislature created a $50 million
    smart fund. And this fund is used by the State to help small,
    rural, disadvantaged communities meet Federal cost share
    requirements, or cover planning and design costs.
        Mr. Bhatt, the Federal Highway Administration, what can you
    do there to help make competitive grant programs accessible to
    communities with limited capacity in terms of developing
    applications and having to meet a local match?
        Mr. Bhatt. Thank you, Senator. I understand it is important
    that all communities are able to take advantage of that, and I
    know there is some technical assistance that is available. If
    confirmed, I look forward to working with you to make sure that
    all communities of all sizes are able to participate.
        Senator Kelly. All right. Thank you.
        Thank you, Mr. Chairman.
        Senator Carper. You bet. Senator Kelly, thanks for your
    faithful attendance to these hearings.
        I like to say we are saving the best for last, but that
    might be a little bit of a stretch, I am not sure.
        Senator Sullivan, it is always great to be with you. And
    you are recognized, my friend.
        [Laughter.]
        Senator Sullivan. Thank you, Mr. Chairman.
        Senator Carper. Take as long as you wish. Well, maybe not
    quite that long.
        Senator Sullivan. Mr. Bhatt, congratulations to you and
    your family. Thanks for your willingness to serve.
        I want to build on what Senator Lummis had talked about in
    terms of the diversity of our great Nation. I don't always like
    to brag about Alaska; well, actually, I do like to brag about
    Alaska.
        [Laughter.]
        Senator Sullivan. We are what I like to say a resource rich
    but infrastructure poor State.
        I know you have spent time in Delaware, Colorado, Kentucky.
    To just give you a little sense of the size, Senator Markey is
    not here right now, but we are 73 times bigger than
    Massachusetts, yet we have way less roads. Fourteen times
    bigger than Kentucky, 20 percent of the roads. Six times bigger
    than Colorado, 15 percent of the roads that Colorado has. I
    don't like doing this to the Chairman, but since he is here,
    228 times bigger than Delaware and much, much less road miles
    than Delaware in Alaska.
        Over 82 percent of the communities I represent don't have
    roads connecting them at all. So we are uniquely challenged.
    And I will raise another area in which we are uniquely
    challenged. When you try to build a road in Alaska, a simple
    road, not very controversial in the lower 48, pretty much every
    radical far left environmental group in America sues to stop
    it. They want to keep Alaska ``pristine.'' Ambler Road, King
    Cove Road, roads of the national forest, and the Biden
    administration is in on it with them.
        The big joke in Alaska is the Biden administration loves
    talking about environmental equity, environmental justice. I am
    all for that, Secretary Buttigieg. But there is a big
    exception. They don't want to give environmental justice or
    equity to indigenous people in Alaska, the Native people.
    Twenty percent of the population, almost. This Administration
    turns equity issues on its head because they discriminate
    against Alaska Natives. You and I are going to learn about
    this.
        Have you ever been to Alaska?
        Mr. Bhatt. I have been to Juneau, sir, for a WASHTO
    conference.
        Senator Sullivan. OK, so one of the things I would like to
    get your commitment on if confirmed is to commit to me to get
    up to my State with me, without me, it doesn't matter, and get
    around and see. You can't build a road in Alaska. And the
    people it is hurting most are indigenous people. And Pete
    Buttigieg and everybody else talks about equity and all this
    stuff. In my State, they don't give a darn about the people who
    really need infrastructure. And it is the Native people mostly.
        So can you commit to come to Alaska with me and see these
    issues first hand?
        Mr. Bhatt. Absolutely, sir, if confirmed, I will.
        Senator Sullivan. As you can tell from my voice, I think
    you are very well qualified. This is just a gigantic
    frustration of mine. It is remarkable how people get away with
    it. They partner with the radical enviros and shut down the
    ability to build infrastructure in some of the poorest
    communities in America. Nobody talks about it. The New York
    Times, Washington Post, they will never write a story about
    this happening.
        Related to this, our Alaska DOT, when we meet next week I
    would like to go into a little bit more detail on this. There
    is an MOU, it is the MOU that FHWA is looking at revising on
    the ability to take away NEPA authorities on a highway project
    upon a civil rights or environmental justice accusation. Are
    you familiar with that?
        Mr. Bhatt. I am not familiar with the specific case you are
    talking about. Are you talking about the assignment of NEPA
    authority to States?
        Senator Sullivan. Correct. There is a new MOU that says the
    Feds can take that away if there is a civil rights or
    environmental justice accusation, very broad language that they
    are looking at. I would appreciate for next week when we meet
    if you can get up to speed on that. Like I said, my State DOT
    is very concerned about that. Again, just because we feel that
    there is already racial discrimination going on in my State
    with regard to this Administration as it relates to indigenous
    people and their ability to get roads and access. I would like
    to have the opportunity to discuss that with you.
        Finally, I know you have already heard about the Acting
    Administrator Pollack and a lot of our concerns about the
    December 21st memo. We did a lot of the work on the
    Infrastructure Bill in this Committee. I voted for the
    Infrastructure Bill in part because it had good permitting
    reform provisions. Then you have this administrator who puts
    out a memo, and she is adding and kind of taking away all the
    things that we did in the Congress, and a lot of it was
    compromise, with regard to the Infrastructure Bill particularly
    as it relates to highways.
        Can I just get your commitment, if confirmed, that you will
    implement the policies and funding priorities that we put into
    law? The ability of an administrator to just say, hey, you know
    what, I really like certain issues, so I am going to make these
    a priority, and you know, whatever the Congress did, I am not
    going to really pay much attention to that.
        Can you commit to me if confirmed that A, you are not going
    to do that, like Acting Administrator Pollack did, but B, that
    you are going to be faithful to the statutory provisions that
    your office will have on the implementation of this very
    important Infrastructure Bill, which we all worked hard
    together on, to get compromise language on? But that is what
    you have to abide by, not your own interests and your own
    personal desires. Do you understand the question I am asking?
    It is a really important one.
        Mr. Bhatt. I do, Senator Sullivan, and I hear the passion
    in your voice and how important this issue is to you, both for
    the infrastructure in Alaska and on the regulatory or
    interpretation issues. I would commit that if confirmed, I will
    follow the law. I have heard this issue from several folks, and
    that would be my commitment, to follow the law if confirmed.
        Senator Sullivan. Great.
        Thank you, Mr. Chairman.
        I look forward to meeting with you next week, Mr. Bhatt. I
    look forward to getting you up to Alaska and seeing where our
    country really needs infrastructure, and my goodness, it is
    hard to build in my State. We need your help on it. Thank you.
        Mr. Bhatt. Thank you, sir.
        Senator Carper. While Senator Sullivan is still in the
    hearing room, one of the best family trips my family ever took
    was to Alaska, when our sons were just a little bit older than
    the Bhatt girls. We went to, among other places, Denali, the
    great one. We still talk about what a wonderful trip that was.
    Maybe you can find a way to combine business and pleasure.
        Senator Sullivan. I was going to mention, you bring the
    family, too, right? Sometimes I ask nominees to come like in
    February, when it is 45 below zero in Fairbanks. By the way,
    that is another reason, the EV issue, if it is 50 below, I am
    not sure how much the batteries are going to work on these EV
    trucks in my State. But that is another topic. We welcome the
    whole family.
        Mr. Bhatt. Thank you.
        Senator Carper. Senator Capito has offered to go ahead and
    kick off the second round, then to go vote. We expect the votes
    to start almost any minute.
        Senator Capito, thanks for joining us.
        Senator Capito. Thank you.
        Thank you again for being here.
        I just have a quick statement. I mentioned in my opening
    statement that I had submitted questions for the record for the
    Secretary from his opportunity in March. It has been 6 months.
    We haven't received any answers. So I would ask that you take
    that back, that my frustration at not having been responded to
    is not taken lightly by me. And I would appreciate some
    responses.
        I know that is not your fault or in your realm of
    responsibility right now. But I do know that you are going to
    be having conversations. So if you would just relay that
    message for me, if they don't hear it right now, I wanted to
    reiterate it. But I really thank you and your beautiful family
    for being here. Thank you.
        Mr. Bhatt. Thank you, Ranking Member Capito. I am quite
    certain that your message has been transmitted effectively.
        Senator Carper. A couple more questions, and we will break
    for lunch around 1:30.
        [Laughter.]
        Senator Carper. I want to say, I say this with tongue only
    partly in cheek, we are blessed with some wonderful sons. How
    old are your girls?
        Mr. Bhatt. Saanvi will turn nine on November 1st, and
    Nandini just turned seven.
        Senator Carper. I would like to say that if the shoe were
    on the other foot, and I were the witness testifying at my
    confirmation hearing, I am not sure I would have brought a 7
    and a 9 year old boy to sit behind me, and expect them to
    behave as well as your daughters have. It is a great tribute to
    both your wife and to you, and maybe their grandparents. Your
    performance was pretty impressive here today, but frankly, so
    is theirs. I can barely see your wife's lips move when you
    speak.
        [Laughter.]
        Senator Carper. I have a couple of questions. A few of our
    colleagues may come by, I think Senator Lummis may come by and
    someone else may just drop in. You never know. But we will wrap
    up before too long.
        A question with respect to transportation materials. As you
    know, vehicle emissions from the transportation sector
    represent the largest single source of carbon emissions in our
    country, accounting for something close to 30 percent for all
    U.S. emissions in 2020. The other major source of carbon
    emissions comes from the construction of the roads themselves
    and from the materials to build those roads.
        The Inflation Reduction Act, signed and enacted by the
    President just a couple of weeks ago, provides the funding to
    Federal Highways to incentivize the use of lower carbon and
    carbon sequestered construction materials. My question, if you
    are confirmed as Administrator, what steps will you take to
    address the carbon emissions associated with roadway
    construction?
        Mr. Bhatt. Thank you, Chairman Carper. Yes, I think
    obviously if we are going to try to reduce carbon we want to
    take a look at every place where it is being introduced. I
    think there are a couple of things here. One of the benefits of
    the career I have had, I have had an opportunity to travel
    abroad, and I think there is a lot we can learn. We have warm
    mix asphalt from Europe where we could reduce the temperature
    of the asphalt as it was coming in. There is some really
    exciting work that is going on around recycled plastics in
    pavements, green cement.
        So I would say that, we obviously want to make sure these
    materials perform to the standards as are needed. But if I am
    confirmed, I look forward to making sure we are deploying all
    the appropriate materials in the infrastructure.
        Senator Carper. Thank you.
        I also want to ask a question with respect to assistance
    for local recipients. Historically, the Federal Highway
    Administration has worked primarily with States in
    administering the Federal Aid Highway Program. The Bipartisan
    Infrastructure Law and the Inflation Reduction Act create a
    number of new opportunities for local governments to be direct
    recipients of Federal Highway dollars.
        However, these local agencies don't always have the
    institutional knowledge; they don't always have the knowledge
    of the highway procedures or regulations, and much of the
    requirements that come with that. So as these laws are
    implemented in the weeks and months ahead, it is going to be
    critically important for Federal Highways to provide hands on
    technical assistance and support for local agencies.
        If confirmed as Administrator, will you work to ensure that
    agencies are providing, that the agency you would be leading,
    if confirmed, is providing all necessary assistance to
    counties, to cities, to towns, to enable them to build local
    capacity to deliver Federal projects?
        Mr. Bhatt. Thank you, Mr. Chairman. Absolutely, we want
    people to be successful in their application, we want them to
    be successful with their groundbreaking, we want them to be
    successful all the way through their ribbon cutting. And I
    would commit to that if confirmed.
        Senator Carper. All right. Let me mention one other thing.
    I don't have any more questions. I don't know if I have said
    this to you before, but one of the questions I like to ask
    people when I travel around the country is what makes them
    happy. I like to ask people, what makes you happy in your life,
    in your work, whatever you do.
        I am always struck by the responses; I like to help people.
    I like helping people. One of the great things in the jobs that
    you have done across the country and the jobs that we have here
    and in other roles we have played in our lives, we get to help
    people. One of the best ways we can help people and also help
    them help themselves is to make sure that they have a job and
    the ability to provide for themselves and their families.
        My colleagues have heard me say this a time or two. In the
    8 years I was privileged to be Governor of Delaware, more jobs
    were created in those 8 years, I am told, than any other 8
    years in the history of the State of Delaware. I did not create
    one of them. But what I did is, we worked with a lot of
    stakeholders in government, outside of government, in order to
    try to create a nurturing environment for job creation and job
    preservation, work force. Clean air, clean water, low crime,
    access to elected officials and appointed officials, the
    ability to invest some of our public moneys in research, trying
    to figure out how could we monetize that research and turn it
    into job creation activities, all kinds of exports to make it
    possible.
        But also critically important in creating a nurturing
    environment is the ability to move people and products where
    they need to go when they need to go and in a cost effective
    environment and in a friendly way. Are there any reflections
    you might want to add to that as they pertain to the job that
    you have been nominated to do?
        Mr. Bhatt. Thank you, Senator. The first part of the
    question was, what makes you happy. I always say that when
    people say that my daughters are well behaved, it is a general
    happiness. I think any parent just always feels like that, and
    actually is one of the biggest challenges of taking on this
    role. I want to thank my family for their willingness to
    sacrifice some of that time. Because I am not going to be able
    to spend as much time with them.
        I would say the same. I remember in Delaware somebody
    telling me, we could fix your transportation budget if you just
    cut the transit spending, because we can spend a lot of that
    money on roads. And then going to meet with people who were
    dependent on that transit service to get to a job, to get to
    medical facilities, and realizing that a lot of us who make
    decisions in transportation are blessed to have access to means
    and cars and other things, and recognizing that for people in
    this country, mobility is freedom. And for some people it means
    it is a car, for other people it might mean a bike path, for
    other people it might be transit. But just that understanding
    that in this career that I have had, there are projects that
    have been delivered and decisions that have been made that we
    have tried our best to help people. And in Delaware and in
    Kentucky and in Colorado, maybe things are a little bit better
    because we made and delivered some projects.
        Senator Carper. All right, thank you.
        Before I make a short closing statement, is there anything
    else you want to add? Maybe there is a question you wish you
    had been asked but you weren't. If you want to take a shot at
    that, you are welcome to. Just any closing thought you would
    like to leave with us.
        Mr. Bhatt. They always ask me that in an interview; is
    there anything that you think we should have asked you. And I
    always feel like, you shouldn't say anything at that point,
    because if you have got this far, then why create another
    problem for yourself?
        [Laughter.]
        Senator Carper. You would be amazed, whenever I do this at
    the end of the hearing, offer the witnesses a chance to say a
    question they wish they would have been asked, almost always
    they do take advantage of that, and almost never get in
    trouble.
        Mr. Bhatt. I have testified a number of times, and I am not
    one of those people that take advantage of that.
        [Laughter.]
        Mr. Bhatt. I would only say, as a closing statement, as I
    said earlier, I am honored and humbled to be considered for
    this role. I am aware of the magnitude of the role. And if I am
    confirmed, I will strive to live up to the expectations I know
    that this Committee and the American people have for Federal
    Highways at this critical time.
        Senator Carper. All right. Thank you for that.
        I want to thank you for taking the time to appear before us
    today. I want to thank your family for being here; your wife of
    how many years?
        Mr. Bhatt. There was no delay, the microphone was off.
        [Laughter.]
        Mr. Bhatt. Married in 2010, so it will be 12 years. That
    was the highest--my blood pressure just spiked right there.
        [Laughter.]
        Senator Carper. The best answer I have ever heard to that
    question is, not long enough. Not long enough.
        Mr. Bhatt. That, too.
        Senator Carper. I want to say to your bride and to your
    girls, and to your mother-in-law and your father-in-law, thank
    them so much for being here today and for the support that they
    conveyed by their presence and demeanor. My own wife and our
    sons can tell you that being the husband or the father or the
    child of someone who does this kind of public work, we work
    hard for the money. And it is a joy to do that. We are very,
    very grateful to them for sharing you with us.
        Before we adjourn, I have two final items. First, I would
    like to ask unanimous consent to submit into the record a
    variety of materials related to today's hearing.
        Without objection, so ordered.
        [The referenced information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. I love making unanimous consent requests
    when there is nobody here who could object. It is one of my
    favorite things.
        [Laughter.]
        Senator Carper. Finally, I would note that Senators are
    going to be allowed to submit written questions for the record
    through close of business on Wednesday, September 28th. We will
    compile those questions as they are submitted, and will send
    them to you, and we will ask for a reply by Wednesday, October
    12th of this year.
        Seeing no one else has joined us, either remotely or in
    person, this hearing is adjourned.
        [Whereupon, at 11:46 a.m., the hearing was adjourned.]

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