[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

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                                                                   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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