    [Senate Hearing 118-724]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-724

                        LESSONS LEARNED FROM THE FEDERAL
                       RESPONSE TO THE FRANCIS SCOTT KEY
                       BRIDGE COLLAPSE ON MARCH 26, 2024

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

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 SECOND SESSION

                                   __________

                                 JULY 10, 2024

                                   __________

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

      [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov
                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED EIGHTEENTH CONGRESS
                                 SECOND SESSION

                      THOMAS R. CARPER, Delaware, Chairman
              SHELLEY MOORE CAPITO, West Virginia, Ranking Member

    BENJAMIN L. CARDIN, Maryland         KEVIN CRAMER, North Dakota
    BERNARD SANDERS, Vermont             CYNTHIA M. LUMMIS, Wyoming
    SHELDON WHITEHOUSE, Rhode Island     MARKWAYNE MULLIN, Oklahoma
    JEFF MERKLEY, Oregon                 PETE RICKETTS, Nebraska
    EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
    DEBBIE STABENOW, Michigan            ROGER WICKER, Mississippi
    MARK KELLY, Arizona                  DAN SULLIVAN, Alaska
    ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina
    JOHN FETTERMAN, Pennsylvania

                   Courtney Taylor, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director
                                C O N T E N T S

                                  ----------
                                                                       Page

                                 JULY 10, 2024
                               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
    Cardin, Hon. Benjamin, U.S. Senator from the State of Maryland...     6
        Prepared statement...........................................    10
    Van Hollen, Hon. Chris, U.S. Senator from the State of Maryland..    13
        Prepared statement...........................................    16

                                   WITNESSES

    Bhatt, Hon. Shailen, Administrator, Federal Highway
      Administration.................................................    19
        Prepared statement...........................................    22
    Spellmon, Scott A., Lieutenant General, 55th Chief of Engineers
      and Commanding General, U.S. Army Corps of Engineers...........    24
        Prepared statement...........................................    26
    Wiedefeld, Hon. Paul J., Secretary, Department of Transportation,
      State of Maryland..............................................    33
        Prepared statement...........................................    35

                              ADDITIONAL MATERIAL

    Emergency Relief Program Supplemental Appropriations for FY 1990-
      2023...........................................................    58
    Letter to Congressional Leadership from the Board of Directors of
      the International Bridge, Tunnel and Turnpike Association
      (IBTTA)........................................................    61

                       LESSONS LEARNED FROM THE FEDERAL
      RESPONSE TO THE FRANCIS SCOTT KEY BRIDGE COLLAPSE ON MARCH 26, 2024

                                  ----------

                            WEDNESDAY, JULY 10, 2024

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:01 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (chairman of the committee) presiding.
        Present: Senators Carper, Capito, Cardin, Van Hollen,
    Whitehouse, Merkley, Kelly, Ricketts.

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

        Senator Carper. Good morning, everyone. I am pleased to
    call today's hearing to order.
        As you all know, we are here to discuss the State and the
    Federal response to the collapse of the Francis Scott Key
    Bridge in Baltimore, Maryland, some 3 months ago. I want to
    thank our three witnesses for joining us. I also want to thank
    Senators Cardin and Van Hollen, who, not surprisingly, have
    been tireless advocates for their State, our neighboring State.
        As we all know the Key Bridge collapsed in the early hours
    of March 26th when a cargo ship that had lost power struck one
    of the bridge's support piers, setting off an all-hands-on-deck
    response. Our hearts went out then and they go out today to the
    families, the friends, and the communities of the six men who
    lost their lives while working on the bridge that night.
        For leaders here in Congress, in the executive branch and
    across all levels of government, the collapse of the Key Bridge
    was a wake-up call. After the collapse of the Key Bridge, it
    came to light that of the 4,000 bridges in the United States
    that allow ships to pass under them, two-thirds lack
    fundamental pier protection. Let me repeat that: of all the
    4,000 bridges in the U.S. that allow ships to pass under them,
    two-thirds lack functional pier protection.
        Many of our colleagues have heard me quote Albert Einstein
    who used to say, among other things, ``in adversity lies
    opportunity.'' Even in this instance, I think that is true. I
    hope that today's hearing will serve as an opportunity for us
    to discuss the lessons that we have learned from this tragedy
    and the immediate response to it. We will also discuss the path
    that lies ahead to help rebuild the bridge and consider how we
    can prevent tragedies like this from happening in this Country
    in the future.
        During today's hearing, we will explore the efforts to
    reopen the port and remove debris from the shipping channel.
    Then, we will assess the effects of the bridge's collapse on
    Baltimore's communities and its economy. Finally, we will
    discuss next steps in the recovery and the rebuilding process.
        First, though, we are going to examine the response efforts
    that began from the moment that authorities learned that the
    Dali had lost its steering capabilities. As many of you will
    recall, before the bridge fell, emergency responders acted
    quickly to close the bridge to additional traffic, saving lives
    by keeping vehicles off of the bridge, probably saving many
    lives. Within hours, the Coast Guard and the Army Corps of
    Engineers took steps to protect the people on board the vessel
    and to prevent further damage.
        Working hand in glove, the Federal, State, and local
    agencies then stabilized the remaining structural pieces of the
    bridge and cleared debris from the shipping channel. Thanks in
    no small part to the expert work of the Unified Command, the
    Port of Baltimore was fully reopened in 2 months. Talk about
    miracles; I think that is one of them.
        Along with a group of local, State, and Federal leaders
    including General Spellmon, who is here today, the Governor and
    Lieutenant Governor of Maryland, and members of our staffs, I
    recently visited the Key Bridge. During the visit, we learned
    more about the incredible work that has gone into the recovery
    and salvage efforts to date. I also had the opportunity to
    thank a number of the Federal, State, and local leaders who
    worked together to immediately and effectively respond to this
    disaster. We are deeply grateful to the men and women who
    risked their lives during this operation and worked literally
    around the clock to reopen the channel.
        In light of this success, I want to commend our witnesses
    here today. I also want to commend Colonel Estee, and I will
    always screw up this name, Estee Pinchasin. Is she here? Okay,
    give her our best. Commander of the Baltimore District, she has
    demonstrated remarkable leadership throughout this disaster
    response. Maybe by the time it is all over, we will get her
    name correctly pronounced, and I will be one of those.
        Next, we will assess the impact the collapse has had on
    Baltimore's communities and on Baltimore's economy. Thousands
    of people have had their lives disrupted and the economic
    impacts of this disaster are still being felt across Baltimore
    and, my guess is, throughout the State of Maryland.
        Prior to its collapse, more than 30,000 vehicles traveled
    over the Key Bridge every day, 30,000. Many of the trucks
    carrying cargo in and out of the Port of Baltimore had to be
    rerouted onto roads in nearby neighborhoods, which has worsened
    air quality in surrounding communities, as you might imagine.
    As the response efforts continue, it is essential that we
    address the far-reaching effects of this disaster on the city
    and on the region.
        Finally, with debris removal nearly complete and the
    Federal channel back in full operation, much of the work
    remaining to be done will now focus on rebuilding the bridge.
    Planning efforts are still underway, and rebuilding the bridge
    will be an immense effort that will very likely require
    continued collaboration between State, Federal, and local
    agencies for years to come.
        Rebuilding the bridge is also expected to be a large
    financial undertaking. President Biden, as we all know, has
    committed the resources of the Federal Government to help
    Maryland rebuild. With that said, Administrator Bhatt testified
    before this committee just last month that the proceeds of
    insurance payments and other future claims will be used to
    reimburse the Federal Government for a considerable portion of
    the cost of rebuilding the bridge.
        Today's hearing probably could not have come at a more
    opportune time. The President has just submitted a supplemental
    appropriations request to the Congress. The $3.1 billion in
    emergency response funding that the President requested for the
    Department of Transportation would support efforts to address
    this disaster and a number of other disasters that have not yet
    received assistance. That includes a major mudslide in Jackson,
    Wyoming, as well as tragic losses in Maui last year and other
    recent disasters across our Country. Passing the supplemental
    appropriation bill will be the most expedient path to address
    not only the needs of Baltimore, but also the needs of a number
    of other States awaiting assistance.
        In closing, let me just add that I believe that when all
    levels of government work together to safeguard and invest in
    our infrastructure, it makes our communities better, stronger,
    and safer. I believe that it is our shared responsibility to
    make these investments.
        There is no doubt that we still have significant work ahead
    of us to continue to build and rebuild the infrastructure that
    America will need for the 21st century. We look forward to
    hearing from our witnesses about the coordinated response to
    the events that have transpired on March 26th and the work that
    still lies ahead to rebuild the Key Bridge.
        Before that, we turn to our Ranking Member, Senator Capito.
    Before she shares her thoughts with us, let me just
    acknowledge, Delaware and Maryland are neighbors. There is
    something called the DelMarVa Peninsula. We are joined at the
    hip, from north to south. The questions is, how should we treat
    our neighbors? We ought to treat our neighbors the way we would
    want to be treated, and in their shoes.
        We will try to do that as best we can, but this is a shared
    responsibility. Try to make sure that those other States I
    mentioned, Maui, I mentioned Hawaii, I mentioned Wyoming, the
    other States that are facing great difficulties and turmoil and
    disruption because of their own disasters, we want to make sure
    that we are fair to them and treat them, even though they are
    not our neighbors necessarily, we want to make sure that we
    treat them fairly.
        Senator Capito.

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

        Senator Capito. Thank you, Mr. Chairman. Thanks for calling
    this hearing today to examine the response to the Francis Scott
    Key Bridge collapse, and the lessons learned, and the efforts
    to rebuild the new bridge.
        I want to thank my colleagues for being here. I know when
    something like this occurs in your State, it is very deeply
    felt, and I am sure we will hear that through your statements
    and certainly private conversations that we have had, as well.
    I will say Maryland is also a neighbor of West Virginia, but we
    are kind of on the western side there.
        Before I proceed with my opening remarks, I do want to
    acknowledge the passing of our former Chairman, Jim Inhofe,
    this week and express my sincere condolences to his family. He
    sat in this chair, and I sat very close to him.
        Senator Inhofe was a true public servant, a workhorse for
    the people of Oklahoma, and the embodiment of kindness and
    leadership for all who knew him. He was also, as we know, those
    of us who have been to the prayer breakfasts on Wednesday
    mornings, a very spiritual man at the same time, and a family
    man.
        As chairman of the committee, he developed a strong
    tradition of tackling the Nation's infrastructure in a
    bipartisan and thoughtful manner, a tradition that sent many
    bills to the President's desk for signature. I am pleased that
    this committee has continue his tradition.
        Senator Carper. If I could interrupt you for just a moment,
    I am Tom Carper, and I approve this message.
        [Laughter.]
        Senator Capito. Turning to the topic of today's hearing, I
    want to say how impressed I was, and I have said this publicly
    just about every time I have talked about the bridge, and the
    Chairman talked about this, at the rapid and professional
    response to the Key Bridge collapse from everybody, from
    Federal, State, and local agencies. I also want to extend my
    condolences to the families of the six folks who,
    unfortunately, lost their lives that day.
        We are grateful that the quick action to close the bridge
    to traffic prevented further loss of life, and that the
    response and recovery efforts began almost immediately
    thereafter. The salvage effort to remove the debris from the
    collapsed bridge and refloat the Dali was a massive undertaking
    and amazingly quick.
        In total, the U.S. Army Corps of Engineers, in coordination
    with the U.S. Navy Supervisor of Salvage and Diving, cleared
    more than 50,000 tons of debris from the river. The Corps'
    effective management of these operations allowed for the
    establishment of limited capacity channels, while a team of
    experts worked to clear the river and restore a critical
    component of our supply chain, of which West Virginia coal was
    on the other side, and uses the port quite frequently for
    exports.
        On June 10th, the Corps announced the restoration of the
    Federal channel to its original dimensions of 700 feet wide by
    50 feet deep for commercial navigation, which enabled
    operations to resume at the Port of Baltimore.
        General Spellmon, thank you for your leadership on this
    matter. I understand, and we just talked briefly, that your
    time with the Corps of Engineers is coming to an end here
    shortly, and I want to express my sincere gratitude for your
    service to our Country and your dedication to addressing our
    Nation's infrastructure and our challenges ahead.
        On the highway side, the Federal Highway Administration
    disbursed $60 million in Quick Release funding from the
    Emergency Relief, or ER, Program within 2 days of the collapse
    so that the Maryland State Department of Transportation would
    have Federal resources to help with the agency's recovery
    efforts.
        Federal Highways has also been lending its broad technical
    expertise to Maryland DOT to help get the project for the new
    bridge underway. Through the ER Program, the Federal Government
    plays a key role in helping State DOTs repair highways and
    bridges that have been damaged by natural disasters and other
    emergencies.
        Currently, the ER Program itself is drastically short of
    the funding necessary for all of the eligible projects. As of
    June 25th, the current funding shortfall stands at $3.5
    billion, with a backlog of 38 States and territories that have
    more than 130 eligible events. The Chairman spoke about several
    of those. Ensuring adequate funding for the ER Program is
    vastly important to helping communities recover from these
    events and restore connections in our supply chain.
        Moreover, the Highway Trust Fund, which provides contract
    authority for certain surface transportation programs, will
    face another funding shortfall, according to the Congressional
    Budget Office (CBO). Specifically, the CBO estimates that the
    Highway Trust Fund's shortfall is more than $284 billion over
    the 10 year budget window, so you see where we are. This amount
    does not account for the prudent cash cushions that are always
    recommended by the U.S. Department of Transportation.
        The Committee will have to contend with the Highway Trust
    Fund's shortfall when we begin our work on the next Surface
    Transportation Reauthorization Bill, which we will begin
    probably in the beginning of next year. In the meantime, the
    Biden Administration transmitted an additional supplemental
    appropriations request to Congress, which builds on their
    request from last fall. I expect that Congress will need to
    consider a supplemental appropriations bill to address the
    funding shortfall of the ER Program and other pressing needs in
    the coming months.
        As part of that legislation, I expect that Congress will
    have to consider the extent to which statutory cost share
    requirements for any ER projects should be changed. In general,
    an ER project has a Federal cost share of either 80 percent or
    90 percent, based on the type of highway or bridge that is
    being repaired.
        My colleague, Senator Cardin, has introduced a bill that
    would provide 100 percent Federal funding to replace the Key
    Bridge. I want to raise just a couple of issues, and we will
    probably get this into the questions, that I think Congress
    should consider as it evaluates whether 100 percent Federal
    cost share is appropriate for this particular project.
        The Key Bridge was a revenue-generating asset, with more
    than $56 million in toll revenue collected in the year of 2023.
    My understanding is that the Maryland DOT intends for the new
    bridge to also be a tolled facility, which means that there is
    a source of funding for Maryland's DOT 10 percent cost share.
    In fact, this funding model was successfully used to construct
    the Fort McHenry Tunnel in Baltimore, Maryland. The Federal
    Government advanced Maryland its required 10 percent, and
    Maryland reimbursed the Federal Government with revenue from
    the tunnel's tolls over time.
        As I mentioned earlier in my statement, there are many
    important projects that are currently on the ER backlog list.
    Congress should determine an equitable basis for when ER
    projects should receive a greater share of Federal funding than
    what is allowed under the program's statute.
        If Congress does not require Maryland to share in the costs
    of a project like the replacement of the Key Bridge, which will
    have a revenue source, how can Congress require any other
    recipient of ER Program funding to pay their cost share?
        I look forward to gathering information and feedback from
    our witnesses on this matter. I am also eager to hear about any
    updates on the status of the Maryland DOT's efforts to
    reconstruct the bridge, including any new updates on cost
    estimates and scope of the project, given that responses to the
    Agency's request for proposals were due last month.
        I look forward to learning more about how Maryland DOT
    plans to deliver this project and whether the agency will be
    able to utilize any existing authorities to expedite the
    environmental review and the permitting process.
        I thank our witnesses for being here, and I thank you,
    Chairman, for having the hearing.
        Senator Carper. Thank you, Senator Capito.
        We have invited several of our colleagues, a couple of our
    colleagues, from Maryland, Senator Cardin and Senator Van
    Hollen, to also make opening statements this day. Senator
    Cardin, as you will recall, is a senior member of this
    committee and former Chairman of the Transportation and
    Infrastructure Subcommittee.
        Senator Cardin, welcome. You are recognized.

             OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
                U.S. SENATOR FROM THE STATE OF MARYLAND

        Senator Cardin. Chairman Carper, thank you very much, and
    Senator Capito. Thank you for holding this hearing and for the
    courtesy of being able to testify.
        I want to also comment in regard to Jim Inhofe. We were
    elected together in 1986, so we were in the same class in the
    House of Representatives. We became close friends in the House
    and close friends in the Senate. I admired him greatly for his
    integrity and his passion. The line I liked the most that he
    would say is that ``a true conservative,'' as he was, clearly,
    ``supports more money for infrastructure.''
        [Laughter.]
        Senator Cardin. He was a great chairman of this committee,
    so I thank you for that.
        It is good to be here with Senator Van Hollen. I know we
    are far apart at this dais, but believe me, we are working and
    joined at the hip in regards to this issue and the issues
    affecting Maryland.
        March 26th was a tragic shock day for all of us in
    Maryland. I was awakened early in the morning and looked at the
    video and was shocked by how quickly the Francis Scott Key
    Bridge collapsed after being struck by the Dali. The loss of
    life was our major concern, trying to rescue. We lost six
    people in that tragedy. They are always in our thoughts and our
    prayers, and always with their families.
        The Port of Baltimore was closed. The third-busiest port in
    the United States closed as a result of the tragedy. The next
    morning, workers had no place to go to work. Hundreds of
    thousands of people were directly impacted by the Port of
    Baltimore being closed.
        Businesses were shuttered. Small business operators had no
    business. It was a major catastrophic event for our economy,
    and by the way, it affected the entire region. The Small
    Business Administration was there setting up an office
    immediately, affecting businesses in six States, so it affected
    an entire region of our Country.
        In fact, it affected our entire Country, because the
    supplies of a lot of the agricultural and roll-off cargo was
    affected throughout our Country. It shut down a major artery,
    the major artery of I-95, as the Chairman pointed out, over
    30,000 vehicles a day.
        I want to just first acknowledge the incredible unified
    response, starting with the President of the United States,
    President Biden. He was very direct about the Federal response,
    and he was very helpful to all of us.
        I want to thank Administrator Bhatt and Secretary
    Buttigieg. They were there immediately, providing the expertise
    and resources, as Senator Capito pointed out. Sixty million
    dollars was released almost immediately to deal with the
    cleanup operations of the bridge itself. I want to thank
    General Spellmon and Colonel Pinchasin.
        I must tell you, I knew that they were good. I did not know
    that they were this good. You are talking about, as Senator
    Capito said, 50,000 tons of debris. It was highly contained, so
    therefore, when you started to try to remove anything, you
    would have a spring effect that could very well have caused
    additional injury and damage and death, and they could not see
    at all in the water. They had to use sonar in order to figure
    out where things were. The expertise was unbelievable, and the
    response was unbelievable.
        I want to thank the U.S. Coast Guard. They were the head of
    the Unified Command. They did incredible work, keeping all of
    the people working in the same direction. Secretary Wiedefeld,
    our Secretary of the Department of Transportation, along with
    Governor Moore and Baltimore City Mayor Scott, all worked as a
    unified team in order to deal with the challenges of the
    families, of the victims, to deal with the businesses that were
    shuttered, to deal with the workers, to deal with the port
    issues, and to deal with the replacement of the bridge.
        As the Chairman pointed out, our incredible thanks go out
    to our first responders. It is almost unbelievable that we only
    lost six lives. The quick action of the first responders kept
    other vehicles from being on the bridge. We are talking about
    seconds, that is all that it was between the original alert and
    the bridge coming down, and they were able to prevent other
    cars from going onto the bridge, saving many lives.
        In regard to the bridge replacement, we have a major issue.
    City streets are being now inundated by truck traffic. We have
    seen an 18 percent increase in the tunnel traffic, which is
    causing major delays through our tunnels. For hazardous
    materials and those who choose to take the detour around the
    beltway, it is a 25-mile detour through a part of the beltway
    that already was congested with major delays, now having even
    more major delays.
        Make no mistake about it, there is a serious impact until
    that bridge is replaced, and it is going to take a couple
    years. We recognize that, but we need to act quickly.
        That is why Senator Van Hollen and I filed legislation, the
    BRIDGE Relief Act, because we need to know the certainty of the
    Federal share. Let me just point out, we are asking for 100
    percent, because that is what we have done in the past. We need
    it now because we are lending contracts to start the
    construction now. We do not want to delay this. Every month it
    is delayed is additional loss to our communities and
    frustration among drivers, not only those that are directly
    impacted by the port, but those that are using our streets.
    Neighborhoods are impacted, so we need to get this moving as
    quickly as possible.
        I point out that changing the share to 100 percent is
    totally consistent with the prior practices that we have done
    during emergencies. We did that for the I-35 W Bridge in
    Minnesota. We did it for Hurricane Irma, Hurricane Maria,
    Hurricane Fiona. All of those, we changed the share from 90
    percent to 100 percent. Why? Because it was a major event.
        Senator Van Hollen and I, the Maryland delegation strongly
    supported our efforts on behalf of our sister States' problems,
    and we expect that we will get the same courtesy in reply.
        Let me also point out that it is supported by the
    Administration. Director Young has sent a letter to us
    supporting this.
        Let me mention the issue in regards to the toll issue,
    because Senator Capito mentioned that. The tolls issues in
    regards to this facility are totally inconsistent with the
    requirements in Title 23. The toll revenues are not used to
    build a replacement bridge for the Francis Scott Key Bridge. It
    is used for the maintenance of our interState system.
        It has already taken a major hit as a result of the Francis
    Scott Key Bridge being knocked down. We have lost literally
    millions of dollars of revenues already, and we are behind in
    the resources we would normally get. This is not being used for
    the replacement of the bridge.
        Second, there will be recoveries. We put that in the
    legislation. They are expecting a record recovery from
    insurance and third party claims, and that will be used to
    reduce dramatically the Federal share.
        The State of Maryland, all of those funds go to the Federal
    Government. It would be penalizing the State of Maryland if you
    required us to use our toll facilities to repay our 10 percent.
    We think that would be totally unfair, and I just have to be
    pretty honest about that. I think it would be penalizing our
    State.
        Yes, I support the supplemental. We need to get the ER
    funds up to where it needs to be. We strongly support that, but
    let's be realistic, that is going to take some time before we
    get around to doing it. I would ask your support for the first
    available vehicle for us to be able to get the cost share
    legislation passed. I think that is a matter of fairness and
    importance for us to be able to move forward with this project.
        With that, I am glad to be here with my colleague. We are
    going to work together, and we are going to certainly work with
    the Chair and Ranking Member and all the members of this
    committee in order that we can get this project done as quickly
    as possible.
        [The prepared statement of Senator Cardin follows:]
        [GRAPHIC] [TIFF OMITTED] T1844.001

        [GRAPHIC] [TIFF OMITTED] T1844.002

        [GRAPHIC] [TIFF OMITTED] T1844.003

        Senator Carper. Senator Cardin, thank you for those words.
        Before I recognize Senator Van Hollen, I am going to go
    back to Jim Inhofe. Jim Inhofe, for those who remember, was a,
    I do not mean this in an unkind way, he was a climate change
    denier. There is famously, one of the most memorable things he
    did, I do not know if it was springtime and we had a big
    snowfall here, and he went out and gathered snow in front of
    the U.S. Capitol and made snowballs, and brought them in to the
    chamber, and said, for those of you who think that this climate
    change is real, look at all these snowballs.
        He ended up, in the time that he was here, joining me as,
    initially a George Voinovich Republican, but later Jim Inhofe
    went on to be the co-chair, cosponsor for the Diesel Emission
    Reduction Act, which has done a whole lot to reduce diesel
    emissions and help up in the battle on climate change, so God
    bless Jim Inhofe. Thank you.
        Chris, welcome. Chris Van Hollen is, if I am not mistaking,
    previously a member, a valued member of this committee. We are
    grateful that you can join us this morning. You are now
    recognized. Go ahead, please.
        And at some point in time, maybe right after Senator Van
    Hollen, I need to run over to the Homeland Security Committee.
    They are having a hearing on permitting, which my colleagues
    know is a big deal for all of us. I have to slip out for a part
    of that.
        Senator Cardin. When you step out, can I take the chair and
    move my legislation forward?
        [Laughter.]
        Senator Van Hollen. I will second that.
        Senator Carper. No. Go ahead, Chris.

              OPENING STATEMENT OF HON. CHRIS VAN HOLLEN,
                U.S. SENATOR FROM THE STATE OF MARYLAND

        Senator Van Hollen. Thank you, thank you, Chairman Carper,
    Ranking Member Capito. Thank you both for remembering Senator
    Inhofe. Thank both of you for being great neighbors of
    Maryland, literally, Delaware to the east, West Virginia to our
    west, and thank you not only for being good geographic
    neighbors, but being good neighbors in spirit and working
    together.
        As Senator Cardin indicated, we have a tradition in the
    Country of considering every State a neighbor, whether or not
    they are geographically connected. I want to thank Senator
    Ricketts for being here and other members of the committee.
    That is the approach we have taken, that we are one Country,
    and when one State has an emergency of this kind of impact and
    consequence, we are all neighbors, whether we are
    geographically connected or not, because we are all Americans,
    and I do encourage the committee to continue to work in that
    spirit.
        Senator Carper, I do have a little bone to pick with you,
    which is that yesterday, the State of Delaware, I think it was
    yesterday, made Orange Crush their official State cocktail. I
    just want you to remember, my friend, that it was made famous,
    Orange Crush, on another part of the Eastern Shore, Ocean City.
    Both Senator Cardin and I are willing to forgive this
    transgression by the State of Delaware, since you are
    cooperating with us as a good neighbor on other issues.
        Senator Carper. I don't know if that is a fair trade, but
    we will see.
        [Laughter.]
        Senator Van Hollen. Let me just say, with Senator Cardin
    here, he has been a great captain of Team Maryland. We have
    seen him at work here in response to the tragedy of the
    collapse of the Key Bridge. He has brought us together on a
    bipartisan basis.
        Every member of the Maryland Delegation, including
    representatives from the Eastern Shore to Western Maryland are
    backing the legislation we have introduced. It is just the
    latest example of his leadership. I do just want to take this
    opportunity before the committee that he has served on so
    honorably and well, to thank my partner, Senator Cardin, for
    his leadership of the Maryland Delegation. We are seeing it in
    action right here.
        We all, every one of us from Maryland, are sponsoring the
    Baltimore BRIDGE Relief Act. I know I will cover some of the
    same things that have already been mentioned, but I do think
    these points are worth emphasizing, because for 47 years, the
    Key Bridge in Baltimore has been an iconic and indelible part
    of our landscape and our psychology.
        It is also a vital transportation artery for the region.
    More than 34,000 travelers cross it every single day, and as
    Senator Cardin mentioned, the impact of its collapse is being
    felt dramatically in terms of congestion in the region.
        As the Country has learned, it was also the gateway to the
    Port of Baltimore, which welcomes 1,800 hundred ships every day
    and generates tens of thousands of jobs. I think the Country
    learned that it is the busiest port in America for automobiles,
    light trucks, farm and construction machinery, imported forest
    products, aluminum, and sugar, $70 billion of economic activity
    per year.
        Its collapse shook the world. It was a tragedy for our
    Country and, first and foremost, it was a human tragedy. We did
    lose those six individuals, six souls, that day, who were
    working the overnight shift on the Key Bridge. They each had
    loved ones who depended upon them. Four of them were fathers.
    We have been working ever since to support those families. We
    want to thank the committee and the Country and, of course, in
    our State, all of those who are working to do that.
        Then, as you mentioned, Senator Capito and Senator Carper,
    huge chunks of debris went into the channel, blocking the
    ships, putting 8,000 people out of work temporarily, impacting
    and harming small businesses and others who depend for their
    economic livelihood on the Port of Baltimore. It deprived the
    region of that key transportation link, and this is why we are
    so urgently seeking support for the new bridge.
        What we have seen is that, as the bridge fell apart, we
    came together as a delegation and a Country. I, too, want to
    thank all those who were recognized earlier, from the first
    responders who helped save additional lives, to the Unified
    Command that quickly came together, both the Federal officials
    and the State officials.
        President Biden did reach out personally to myself and
    Senator Cardin and the Governor, Governor Moore, and others and
    quickly ordered the Federal Government to use all parts of our
    power to support Baltimore and Maryland in this hour of need.
        I do also want to mention specifically the folks at the
    Army Corps. General Spellmon, thank you for your efforts in
    terms of clearing the channel in such fast time, and Colonel
    Estee Pinchasin has been mentioned. I also want to thank her.
    She is retiring from this particular spot and going on to
    another one, but I want to recognize her efforts as well.
        Secretary Wiedefeld is here, and he has been working very
    closely with Secretary Buttigieg, and I want to thank them. As
    you know, we were enrolled in the Emergency Relief Program, and
    as Senator Capito mentioned, and Senator Carper, you are well
    aware as are the other committees, we now have about 38 States
    that are subscribed to that program. We all have a common
    interest in making sure that it is fully replenished. That
    covers 90 percent of the cost.
        But Senator Cardin and I introduced the legislation we did
    with our delegation because it has been a tradition in the
    United States of America of providing 100 percent support for
    States that have undergone this kind of tragedy. We have been
    there for other States during their times of need, and we
    really hope every State represented in the Senate will be with
    us right now.
        I want to, in closing, just emphasize a point that Senator
    Cardin made, and it is written into the bill. It was already
    current law, but we made it very explicit that the Federal
    Government will receive ``any compensation for damages or
    insurance proceeds, including interest recovered by a State, a
    political subdivision of a State, or a toll authority for
    repair, including reconstruction of the bridge.''
        Colleagues, the emergency supplemental that the President
    submitted, of course, includes emergency help for replacing the
    Key Bridge. It also, as you have mentioned, includes funds to
    help other States, from Hawaii to the far west, to the south,
    that have been impacted by these huge disasters, where one
    State is simply just not capable of meeting all the costs,
    which is why we came together as a Country in the past, to help
    those States in need. It is Maryland today, maybe Hawaii today.
    It could, of course, be any other State tomorrow, and we thank
    you for all your efforts to make sure that we continue that
    tradition. Thank you.
        [The prepared statement of Senator Van Hollen follows:]
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        [GRAPHIC] [TIFF OMITTED] T1844.006

        Senator Carper. Senator Van Hollen, thank you. Thanks to
    both of you for your service on this committee in the past and
    certainly today.
        With that in mind, I am going to excuse both of you, and I
    am going to ask Shailen Bhatt to come forward, as our first
    witness, our next witness. Shailen, if you will have a seat.
    There we go, and our other witnesses, as well.
        Our next witness to speak is Shailen Bhatt, no stranger to
    this committee, no stranger to us in Delaware, either. Shailen
    is the Administrator of the Federal Highway Administration. He
    has served as Federal Highway Administrator since January 13th,
    2023.
        Prior to his current role, he served as Deputy Executive
    Director of the Kentucky Transportation Cabinet. He also served
    as the Executive Director of the Colorado Department of
    Transportation, and the Secretary of the Delaware Department of
    Transportation.
        He brings a wealth of expertise and experience in
    government, as well as in the private sector. We are grateful
    for his service and his participation this morning.
        Shailen, welcome, and you are recognized. I am going to
    slip out to participate in my Homeland Security and
    Governmental Affairs Committee hat, and I will be back very
    shortly. Senator Capito, thanks very much. You are recognized.

    STATEMENT OF HON. SHAILEN BHATT, ADMINISTRATOR, FEDERAL HIGHWAY
                             ADMINISTRATOR

        Mr. Bhatt. Thank you, Chairman Carper, Ranking Member
    Capito, and members of the committee for the opportunity to
    appear before you today.
        I do also want to join you and your colleagues in
    remembering Senator Inhofe. I have fond memories of meeting
    with him prior to my confirmation, and I appreciated his
    support.
        Just over 3 months ago, Baltimore, Maryland and the entire
    Nation were shocked by the collapse of the Francis Scott Key
    Bridge. While the collapse of the bridge itself was
    distressing, we remember the devastating impact this tragedy
    had on victims and their families. The six victims were
    fathers, husbands, and friends in their homes and communities,
    and they were valued members of the construction work force. We
    will always mourn these individuals who gave their lives to
    strengthen our transportation system.
        I also want to thank all of the emergency responders who
    acted quickly to save lives. Immediately following this
    catastrophic event, the Federal Highway Administration (FWHA)
    mobilized internally across multiple offices and externally
    with local, State, and Federal partners to support the
    response.
        Under Secretary Buttigieg's leadership, FWHA coordinated
    with other operating administrations and offices within USDOT,
    the Maryland DOT, which includes the Maryland Transportation
    Authority and the State Highway Administration, the city of
    Baltimore, the U.S. Coast Guard, Army Corps of Engineers,
    National Oceanic and Atmospheric Administration, and others to
    mitigate supply chain impacts, manage traffic, and safely
    reopen the port.
        We remain engaged in an ongoing coordination with local,
    State, and Federal partners in the response. FHWA is actively
    supporting the National Transportation Safety Board's
    investigation of the collapse. FHWA's focus now is supporting
    Maryland as much as possible as they work to reconstruct the
    bridge. We have been in direct communication with them
    regarding all possible options for building the bridge, and we
    are committed to supporting these efforts so that the bridge
    can be reconstructed as quickly and safely as possible.
        President Biden has been clear in this Administration's
    commitment to reconstruct the bridge. It is critical that we
    restore this vital connection for people and goods traveling
    along the east coast, ensuring that the I-695 corridor is open,
    operational, and safe for the traveling public at the earliest
    possible moment is a top priority.
        On March 28th, within hours of receiving the request for
    funding assistance from (Maryland Department of Transportation)
    MDOT, we announced the immediate availability of $60 million in
    Quick Release Emergency Relief funds. These funds serve as a
    down payment toward initial costs, and additional ER program
    funding will be made available as the work continues.
        As of July 3d, 2024, $40 million of this $60 million down
    payment has been obligated for debris removal work. The
    Administration is asking Congress to join it in demonstrating a
    commitment to aid and recovery efforts by authorizing a 100
    percent Federal cost share for rebuilding the bridge,
    consistent with past catastrophic bridge collapses.
        Under the law, ER funds cannot duplicate assistance from
    another Federal program or compensation from insurance or other
    sources. FHWA will follow the law, and the Emergency Relief
    Program will be reimbursed with compensation for damages or
    with proceeds obtained through applicable insurance. We are
    coordinating closely with the State of Maryland as it works
    through the details of its insurance policy.
        We continue to provide wide-ranging technical assistance to
    Maryland DOT regarding procurement for reconstruction,
    operations, and project delivery strategies to reconstruct the
    bridge quickly. The Maryland Transit Administration (MTA)
    issued a progressive design-build contract request for
    proposals on May 31st. FHWA is also working with MDOT to ensure
    that the new bridge will be built to current design standards
    and in accordance with all applicable Federal laws.
        On March 26th, 2024, the day of the collapse, FHWA met with
    the National Transportation liaisons from the Army Corps of
    Engineers, U.S. Coast Guard, U.S. Fish and Wildlife Service,
    the National Oceanic and Atmospheric Administration, the
    Advisory Council on Historic Preservation, and the EPA to
    discuss each agency's respective emergency procedures. We
    continue to meet with Federal and State agencies. A categorical
    exclusion for the replacement of the bridge is expected to be
    completed shortly, and we will provide the appropriate level of
    information to allow for a streamlined permitting approach.
        Thanks to the whole-of-government response and industry and
    government entities working together, there has been
    significant progress, including the significant milestone of
    reopening the Federal channel on June 2024. While there is more
    work to be done, the coordinated response by the government and
    industry to date gives me great optimism. Thank you to the
    State, local, and Federal entities who continue to collaborate
    with FHWA in response to this tragic event.
        We have had a number of bridge events while I have been
    serving as Administrator. I am proud of the efforts that we
    have led and worked with local agencies on. We will continue to
    do everything we can to support the response. As the President
    has said, we will not rest until the cement has dried on the
    entirety of the new bridge.
        Thank you again for the opportunity to appear before you
    today. I will be happy to answer any questions.
        [The prepared statement of Mr. Bhatt follows:]
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        Senator Capito.
        [Presiding.] Thank you, Administrator Bhatt.
        Our second witness is Lieutenant General Scott Spellmon,
    who has been serving as the 55th Chief of Engineers and
    Commanding General of the Army Corps of Engineers since
    September 2020. Prior to that, he served as the Deputy
    Commanding General for several emergency operations.
        He is no stranger to the Corps' Civil Works Program or to
    this committee. Again, we are grateful for your service, and
    look forward to your testimony, General. Thank you.

     STATEMENT OF LIEUTENANT GENERAL SCOTT A. SPELLMON, 55TH CHIEF
        OF ENGINEERS AND COMMANDING GENERAL, U.S. ARMY CORPS OF
                               ENGINEERS

        General Spellmon. Ranking Member Capito and distinguished
    members of the committee, thank you for the opportunity to
    testify before you today to discuss emergency response
    operations by the U.S. Army Corps of Engineers and our partners
    regarding the collapse of the Francis Scott Key Bridge.
        On behalf of the Corps and our teammates, please allow me
    also to begin today by offering, again, our heartfelt
    condolences to the families of the six individuals who lost
    their lives in this tragedy. From the outset of this response,
    we were committed to supporting the effort to recover those
    loved ones. Our thoughts and prayers continue to be with those
    families.
        Soon after the collapse, Maryland Governor Moore declared a
    State of emergency, and our U.S. Army Corps of Engineers
    Baltimore District, under the leadership of Colonel Estee
    Pinchasin, whose name has been mentioned several times this
    morning, she activated the district's emergency operations
    center and put her team in motion.
        Our state-of-the-art survey vessels, which usually serve to
    verify depths and widths of our Federal channels, were deployed
    to support initial search and rescue dive operations. Our
    support evolved as we joined a multi-agency effort across all
    levels of government to form a unified command.
        I have been a part of numerous disaster response operations
    over the past 9 years in my time in the Corps. This unified
    team led by U.S. Coast Guard Rear Admiral Shannon Gilreath and
    Captain David O'Connell is one of the best I have seen. They
    are amazing leaders.
        The guidance from the President to me was clear from the
    beginning. He called me early in the morning of March 26th and
    told me the Corps' top priority, No. 1 priority, was to remove
    the wreckage from the Federal navigation channel and get it
    reopened. We had three tools at our disposal to move fast and
    execute this mission. We had the right authority, the right
    funding, and the right contracting capacity.
        We used our existing authority for the Baltimore Harbor and
    Channel project. In 1970, Congress authorized the Army Corps to
    construct and maintain a 700-foot-wide by 50-foot-deep channel
    at the bridge location. The full navigation channel was, of
    course, fully blocked by the wreckage of the Key Bridge.
        To get started that morning, we used available Fiscal Year
    2023 and 2024 operations and maintenance funding for the
    Baltimore Harbor and Channel Project. Later, to advance our
    work, we conducted a series of internal emergency reprogramming
    actions using authority given to us by Congress where we put to
    work aged and unused funding from 220 Harbor and Maintenance
    Trust Fund O&M projects across the Country.
        The third tool was our contract capacity. We are fortunate
    to have a standing interagency agreement with the U.S. Navy
    Supervisor of Salvage and Diving, and I cannot say enough
    positive words about these incredible men and women from the
    U.S. Navy and their industry partners. They are true world-
    class professionals, and they are very good at what they do.
    Each have amazing experiences, expertise, and a suite of
    contracting tools that gave us access to superb salvage
    companies. In this case, that contractor is Donjon Marine from
    Newark, New Jersey.
        With these three tools in place, we began the complex task
    of determining how to begin clearing up approximately 50,000
    tons of concrete, asphalt, and steel from the Patapsco River.
    For everyone's context, that is equivalent to over 200 Statues
    of Liberty worth of materials.
        After conducting extensive diving and engineering analysis,
    in collaboration with our partners, we developed an ambitious
    but feasible timeline. Our plan was to initially clear a 35-
    foot-deep by 280-foot-wide limited access channel by the end of
    April and then restore the full 50-foot Federal navigation
    channel by the end of May. Certified by the Coast Guard, the
    limited access channel was open to one-way vessel traffic on
    April 25th, a week ahead of schedule, and this channel could
    support approximately 70 percent of the vessels, the port
    traffic, calling on the Port of Baltimore.
        To reopen the full channel, we had to execute the most
    difficult task, which was removing the section of bridge that
    collapsed onto the bow of the vessel Dali. For this task, the
    team successively used precision demolitions to cut the bridge
    away from the ship and move the Dali from the edge of the
    Federal navigation channel.
        This allowed for the removal of the remaining bridge
    wreckage and residual material in the channel well below the
    mudline. We moved as quickly and safely as possible, and on
    June 10th, the Corps of Engineers successfully restored the
    Federal channel to its original depth and width, again, of 700
    feet wide and 50 feet deep.
        Today, no steel or concrete remains in the Federal channel.
    All wreckage was removed, and the collapsed bridge area was
    cleared down, in some cases, to a 60 foot depth. I am proud to
    say our debris removal mission has ended, and the Port of
    Baltimore and navigation channel has returned to its authorized
    dimensions.
        In ending, on behalf of the more than 39,000 men and women
    of the U.S. Army Corps of Engineers and all of our Federal,
    State, and industry partners, I want to say we are tremendously
    proud to have been a part of the unified team that undertook
    this incredible task.
        Thank you again, Ranking Member Capito and members of the
    committee. I look forward to answering any questions you may
    have.
        [The prepared statement of General Spellmon follows:]
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        Senator Capito. Thank you, General Spellmon.
        Last but not least is Secretary Paul Wiedefeld, who serves
    as the Secretary of the Maryland Department of Transportation.
    He was sworn in as Secretary on March 2d, 2023 and has had a
    40-year career in the public and private sectors.
        Secretary Wiedefeld previously served as the General
    Manager and CEO of the Washington Metropolitan Area Transit
    Authority, the CEO of the Baltimore Washington Thurgood
    Marshall Airport, and as Administrator of the Maryland Transit
    Administration.
        We welcome you and look forward to your testimony. Thank
    you.

         STATEMENT OF HON. PAUL J. WIEDEFELD, SECRETARY OF THE
            DEPARTMENT OF TRANSPORTATION, STATE OF MARYLAND

        Mr. Wiedefeld. Good morning, Ranking Member Capito and
    members of the committee. Thank you for this opportunity,
    obviously, to discuss the ongoing response to the collapse of
    the Key Bridge.
        Before I address this subject, I also want to take a moment
    to express our condolences to the families and their relatives.
    As the day-to-day operator of the transit system, the
    transportation system in Maryland, everyone at MDOT takes this
    personally. These are our coworkers who lost their lives.
        I also want to thank our partners in the Federal Government
    who have worked hand-in-hand with us to immediately respond to
    this disaster by helping clear the debris and reopening the
    channel to the Port of Baltimore in tremendous record time.
        I also want to thank the Administration for the immediate
    provision of $60 million in Emergency Relief funds. Those funds
    proved invaluable in performing the crucial first steps in
    clearing the auxiliary channels of the Port of Baltimore.
        Difficult times call for resolve and unified responses, and
    I am encouraged by the way all levels of government have
    rallied to address this crisis. The collapse of the Francis
    Scott Key Bridge is not only a human tragedy, but also an
    economic disaster. The economic effects of the bridge collapse
    will be felt nationwide until the bridge is rebuilt.
        This bridge is a key component of the I-95 corridor and is
    essential to the free flow of needed commerce and vehicle
    transit. It serves as a vital connection for the people and
    goods traveling throughout the entire east coast and the
    Nation.
        Efficiently rebuilding the bridge to meet the future needs
    of the commerce is a national imperative. It is crucial to
    restoring jobs, protecting essential supply chains, and
    reducing inflation nationwide. It is key to ensuring efficient
    freight movement on the nationally significant I-95 corridor,
    which generates roughly 40 percent of the Nation's GDP. This
    effort requires clear direction, assured funding, and
    continuation of widespread bipartisan support at all levels of
    governments.
        For this reason, I am urging you to support the enactment
    of legislation introduced by the Maryland congressional
    Delegation, the Baltimore BRIDGE Relief Act. This legislation
    will ensure that the Federal Government supports 100 percent of
    the replacement cost of the vital bridge. Additionally, this
    legislation specifies that funds recovered from insurance
    proceeds and culpable parties will be applied to reduce the
    cost ultimately borne by the Federal Government. These sums are
    expected to be substantial.
        This funding approach parallels the action the Federal
    Government has taken in response to other disasters that
    require immediate, focused response and dwarf the capabilities
    of State and local governments. The Federal Government often
    intervenes after major disasters. It pays for the upfront cost
    of disasters while pursuing recovery actions against insurance
    companies and culpable parties.
        The collapse of the Francis Scott Key Bridge is a national
    problem, and promptly and effectively repairing it will require
    clear and focused action by the Federal Government. Preliminary
    estimates indicate the bridge replacement will cost
    approximately $1.7 billion. We are moving expeditiously to
    rebuild the bridge. The Maryland Transportation Authority is
    currently evaluating requests for proposals for a design-build
    team. We expect to have a project team selected by mid to late
    summer, with a projected project completion date of fall of
    2028.
        In conclusion, I urge Congress to approve the Baltimore
    BRIDGE Relief Act and to continue the custom of providing
    support when it is needed most following disasters.
        Thank you for the opportunity to be here today. I look
    forward to answering any questions.
        [The prepared statement of Mr. Wiedefeld follows:]
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        [GRAPHIC] [TIFF OMITTED] T1844.020

        Senator Capito. Thank you, Mr. Secretary.
        I will recognize myself for the first question. I think
    this really is the question. Senator Cardin's bill is probably
    exactly the same bill that I would put in if it happened in the
    State of West Virginia, and the same in Nebraska. The cost
    share issue, I think, is where we have a question. I think that
    we just need to get the answers here.
        I am going to start with you, Administrator Bhatt. As I
    mentioned in my opening statement, there is a significant
    backlog of Emergency Relief that are waiting on Federal
    funding. The Chairman mentioned the one most recently that we
    all recall, certainly, what happened in Maui with the fire.
    Many of these projects will have a 10 or 20 percent cost share
    that will be provided by a State DOT.
        I think Congress needs to have a basis for determining when
    to waive the statutory cost share for ER projects so that there
    is an equitable response to natural disasters and other
    emergencies. The Secretary just said, other disasters have had
    this waived, but we know the key is not every disaster has had
    this waived.
        What factors do you think Congress should consider when
    reducing the required cost share for an ER project?
        Mr. Bhatt. Thank you, Ranking Member Capito, for that
    question. I think it is a fair question to ask. I think that,
    when you look at some of the examples, both that Senator Cardin
    has mentioned or that we have used in the past, I think it is
    scope and scale of a disaster that would, as Secretary
    Wiedefeld just mentioned, overwhelm State and local agencies'
    ability to respond.
        In Delaware, when we had our bridge disaster, when I served
    as Secretary, was in the tens of millions of dollars, and it
    was something that, financially, we were grateful for the
    Federal Highway Administration, but it was not a debilitating
    impact to our State economy, had we had to have come up with
    $10 million or $20 million.
        But in the case of a $1.7 billion bridge replacement with
    corresponding loss of toll funding that has impacts on their
    transportation program, I think that is where you get into a
    scope and scale sense of where the Federal Government may need
    to come in, because the 10 or 20 percent cost share becomes a
    quite sizable number at that point.
        Senator Capito. Okay, so scope and scale.
        So then, I want to go to you, Secretary Wiedefeld, and
    thank you for the phone call that we had. I appreciate that
    early on. I am just amazed at the efforts that you all have
    done in Maryland, along with a lot of help. Congratulations on
    that, and I know there is a big way to go.
        You mentioned the possible cost of the bridge would be $1.7
    billion, so if you take out insurance and any other kind of
    legal cost, we don't really know what it would be, let's just
    say, what was the insurance?
        Mr. Wiedefeld. Three hundred fifty million.
        Senator Capito. Three hundred fifty million, let us just
    say you match that with the insurance, that would be good,
    wouldn't it? Get it down to a billion, which is still quite
    heavy. A cost share for Maryland could be, possibly, $100
    million.
        The bridge, and I mentioned this in my statement, because I
    want to understand, and you explained this to me on the phone
    call that we had previously, and Ben and I have talked about
    this as well, the $56 million that you collect on that bridge
    is used for the maintenance and upkeep of all of the projects
    in the State. Correct? The tunnels and that bridge, so it is
    not exclusively dedicated to that bridge, correct?
        Mr. Wiedefeld. Correct. It is for the Transportation
    Authority, which runs all of our toll facilities only, not the
    general highway system.
        Senator Capito. Okay, so if you took, say, a 30-year
    payback plan to the Federal Government for the 10 percent, you
    would be taking probably a 10 percent off of that toll revenue
    that the State of Maryland could use, if the cost share that
    exists now, could use to pay back the American taxpayer the
    cost to rebuild the bridge. Right?
        Mr. Wiedefeld. You could, sure, if that was----
        Senator Capito. If that was the direction that we decided
    to go.
        So, the other question I have is, if you have a new bridge,
    which you will have, hopefully sooner than some of the
    projections, but I realize it is a major undertaking, if you
    have a new bridge, is it safe to assume that a new bridge
    demand on the toll revenues would be less for maintenance and
    upkeep?
        Mr. Wiedefeld. Not necessarily. I mean, the operations is
    also a big part of the cost, just the ongoing operations,
    meaning policing and things of that sort, cleaning, keeping
    things clear and safe.
        Senator Capito. Is there a standard cost?
        Mr. Wiedefeld. Yes, whether it is new or old.
        Senator Capito. My assumption is that a 60-year-old bridge
    is going to cost more than a brand-new one.
        Mr. Wiedefeld. Yes, for ongoing maintenance, for future
    maintenance, yes.
        Senator Capito. For ongoing maintenance, which is what the
    dedication of the tolls is for, as well. Is it unreasonable to
    assume that, and I know we are making assumptions that the
    bridge that, I think it was in Minnesota, got the 100 percent
    cost share when it collapsed, it was not a toll bridge. You are
    going to put the tolls back on when this is completed. You have
    pretty much stated that. I think the State of Maryland is going
    to do that, which I would do that, too, if I was the State of
    Maryland. I am not being critical of that.
        Why is it wrong to assume, if you are the American
    taxpayer, that since you have a dedicated source of revenue
    there, that, over time, you would not be asked to pay the 10
    percent cost share that Maryland would have to bear? Make the
    argument there.
        Mr. Wiedefeld. Sure, I think there are some other factors
    here. One is, we are losing revenue now, right, and we will
    continue to lose that revenue through the next four and a half
    years, that is what we are projecting right now. We are losing
    those dollars now.
        The other part of that is, in effect, we are costing
    businesses and people every day by the delay of this bridge
    being built, by any potential delay on this bridge being built.
    All of those are added costs that, in effect, we are trying to
    cover now so that we can get this bridge done as quickly as we
    can.
        Senator Capito. Are you telling me that the State of
    Maryland now, and I know I am over my time, but I think this is
    really the crux of the, I don't even want to say it is a
    disagreement so much as try to figure out the best way to do
    this, is that the cost that the State if Maryland is bearing
    now should also play into what Maryland should bear in terms of
    the rebuild of the bridge?
        Mr. Wiedefeld. No, what I am saying is that we are, the
    insurance comes, the $350 million. That is supporting it.
        Senator Capito. That will go back to the Emergency Relief.
        Mr. Wiedefeld. There is a burden that, sure, but getting
    back to the larger issue of the scale of this project and the
    impacts of it, there is this other impact that we are going
    through now with the loss of revenues for the toll authority
    for the next several years.
        Senator Capito. Okay. I would just say that we have the
    rollout of all the projects that have, where there has been a
    waiver granted of the 10 percent or 20 percent cost share. I
    think this will probably be useful to submit to the committee
    for the record. Thank you.
        Senator Cardin, you are next.
        Senator Cardin. Thank you, Senator Capito. I think your
    questions are extremely important, so thank you for the manner
    in which you have presented this.
        First, for Administrator Bhatt, I agree with you. It is the
    issue of the scope and scale. This tragedy on the Francis Scott
    Key Bridge has been characterized as being the largest maritime
    claim in history. When you talk about scope and scale, is this
    sort of off the charts?
        Mr. Bhatt. Thank you, Senator, for that question. You
    referenced in your testimony the video that we saw. You don't
    see that we have a lot of issues with bridges in the Country.
    We rarely see a collapse of this size of structure, and so yes,
    it will be the largest maritime claim. From a precedent
    standpoint, it is unprecedented.
        Senator Cardin. I just hope that puts somewhat to rest the
    difference between this tragedy and Emergency Relief funding
    versus a lot of the others that have been, that are nowhere in
    this category whatsoever, however, this is much closer. This
    exceeds Minnesota, but it exceeds even some of the worst
    emergency circumstances that we have had.
        Let me get to Senator Capito's point in regards to the
    tolls and tolls offset. First, you raised an interesting point
    that the bridge will be rebuilt and there will be tolls coming
    from it, and that the State benefits from that new facility.
        But I would point out that all the Emergency Relief
    programs, the economies locally benefit from the Federal
    Government's resources that are put in. When you dealt with
    Hurricane Irma and you rebuilt the infrastructure and
    community, the businesses got back up quicker, sales tax
    increased, revenues increased, local governments did well,
    States did well. That is what it is all about, getting your
    economy back to scale.
        In regard to the toll revenues, and I will repeat this
    again because I want to make sure, Secretary Wiedefeld, you
    have a chance to respond on this, the overwhelming expenses, as
    I understand it, is the operations of these facilities, not the
    infrastructure cost itself. Am I right on that?
        Mr. Wiedefeld. Yes, the operating costs, particularly labor
    costs, are a significant part of any budget for the toll
    authority.
        Senator Cardin. We have how many toll facilities in
    Maryland?
        Mr. Wiedefeld. We have nine.
        Senator Cardin. Nine, so this is one of nine. These
    revenues will be lost for a substantial period of time.
        When we say loss, let me just point out to the members of
    the committee, there are alternatives to paying a toll to
    transit through this area. You can go through city streets,
    which is the worst example, because you are going to go through
    neighborhoods, beating up roads dramatically, with these trucks
    and interfering with communities, but that is one option.
        Another option is to go around the beltway where there are
    no tolls. That is going to probably be the preferred option for
    the larger vehicles that can't go through the tunnels, anyway.
    They don't pay any tolls doing that, so there is a significant
    part of the traffic that will avoid paying tolls for the next
    couple of years, costing the toll facilities those revenues
    that were projected.
        Now, do you have a way of recovering that?
        Mr. Wiedefeld. No. It is adding cost to us because, as that
    traffic moves on the beltway, that increases our operating
    costs. For instance, we have put emergency response units out
    there because the slightest hiccup in the system has an
    exponential impact on congestion, up and down the northeast
    corridor. We have put in operating costs for that.
        We are anticipating higher maintenance costs due to the
    heavier traffic because the oversized vehicles and any
    hazardous materials now have to take this 25-mile detour on the
    Baltimore beltway. Those are all additional costs that we now
    will incur for several, several years, four-plus years.
        Senator Cardin. They are not under the Emergency Relief
    coverage?
        Mr. Wiedefeld. No.
        Senator Cardin. That is using your normal transportation
    revenues, how you obtain them through the user fees, et cetera,
    in the State of Maryland.
        Mr. Wiedefeld. Right.
        Senator Cardin. I guess the last point on this is that,
    additionally, the State of Maryland is going to incur
    considerably more expenses, and the recoveries, 100 percent of
    the recoveries related to the bridge are returned to the
    Emergency Relief Fund, are they not?
        Mr. Wiedefeld. Yes, they are.
        Senator Cardin. The Federal Government is not going to pay
    100 percent. They are going to pay 100 percent less the
    recoveries. The recoveries are not only insurance, they are
    third party claims. Those third party claims, I admit, it is
    going to take years before we recover that.
        But there is at least very serious evidence that there
    could be wrongdoing in the manner in which the vessel was
    handled, which could bring in substantial funds. That will go
    to the Federal Emergency Relief Fund, as it should.
        I don't want to leave with the impression that the Federal
    Government is paying 100 percent. They are not going to pay 100
    percent. They are going to get the recoveries, and the
    recoveries will far exceed the 10 percent.
        As a matter of the burdens to the State of Maryland and the
    manner in which the State of Maryland is complying with the
    requirements of the code as it relates to toll facilities, that
    is not something that is not allowed. We are complying with all
    the requirements. It would be, I think, just a terrible
    precedent if we start to try to figure out the values of the
    Emergency Relief Funds to the local governments that are
    benefiting from this from all emergencies, because each one is
    different.
        This clearly complies with any standard on the scope of the
    tragedy and should be reimbursed at 100 percent.
        Thank you, Madam Chair.
        Senator Capito. Senator Ricketts?
        Senator Ricketts. Thank you, Senator Capito.
        General Spellmon, Administrator Bhatt, great to see you
    again. Secretary Wiedefeld, welcome.
        I want to offer my condolences as well to all Marylanders,
    especially the families and loved ones of the six workers who
    lost their lives in this terrible tragedy, and also thank the
    first responders who acted so quickly to prevent further loss
    of life and, of course, responded after the bridge collapsed.
    We do have a lot of heroes in our communities that respond to
    these things, and we need to recognize the work they do.
        Of course, maintaining the Nation's infrastructure is a key
    priority for what we do in the Federal Government, and the
    bridge, in general, is something that has been pointed out as a
    key part of our economy. In fact, talking to a small business
    owner in Omaha, Nebraska, he was talking about how he was
    having his product being shipped out through the Port of
    Baltimore, and obviously, the bridge collapsed and impacted
    that, and he had to find another way to be able to ship. He was
    actually exporting his product overseas, so trying to get there
    was not an easy task. We know that this is an important thing.
        It is also important that we make sure that we get the
    information so that we can share that with the American
    taxpayers and make sure that this is done correctly. That is
    part of our job in oversight here.
        Administrator Bhatt, I will just start with you, just on
    some of the things that Senator Capito said, just to make sure
    that you agree with that. I know this is still early days, so I
    am not going to come back and hold you to the penny on this,
    but do you agree with the estimates, about $1.7 billion to
    replace the bridge?
        Mr. Bhatt. Yes, Senator, thank you for that. That is what
    we believe is consistent.
        Senator Ricketts. Great. Then, we have established, and I
    think you agree, $350 million in insurance?
        Mr. Bhatt. Yes, that is the current insurance policy.
        Senator Ricketts. We have also talked about, maybe, some of
    the litigation claims. Senator Capito said $350 million. Do you
    have any sort of estimate on that?
        Mr. Bhatt. I would have to defer to DOJ, who is leading the
    claim. It is hard to tell.
        Senator Ricketts. Have they said anything about $350
    million, because I think that is what Senator Capito said.
        Mr. Bhatt. No, I think that was more of a guesstimate.
        Senator Capito. I will just clarify what I said. I just
    kind of threw that number out there so I could get to an even
    $1 billion.
        Senator Ricketts. You just threw that out there? Okay,
    great, alright, great. Well, okay, good. I am glad that is a
    good thing to know.
        Secretary Wiedefeld, do you have any additional information
    to share on what the claims could potentially be?
        Mr. Wiedefeld. No, Senator. We also, obviously, we have a
    number of attorneys that we have hired to go after those
    dollars, as well.
        Senator Ricketts. I had a conversation with Governor Moore.
    I very much appreciate him giving me a call to talk about this.
    He really described this as kind of a financing thing that will
    get reimbursed. t sounds like, when I hear, maybe at the upper
    end of Senator Capito's is accurate, we are talking about the
    Federal Government getting reimbursed for about $700 million
    and having the Federal Government would pay for about $1
    billion of Senator Cardin's plan.
        Is that accurate, am I understanding this correctly?
        Mr. Bhatt. Yes. Under the ER law, all funds that are
    recovered through insurance or legal claims come back. The
    Skagit Bridge in Washington, about $20 million, about $17
    million of that came back years later.
        Senator Ricketts. Okay, great. Also, my understanding is,
    Secretary Bhatt, that after the bridge collapsed, and this was
    after, you designated this as part of the interState highway
    system. Is that accurate?
        Mr. Bhatt. Yes.
        Senator Ricketts. Okay, so do you guys have the authority
    to do this? Is there any precedent for you, as designating this
    after a disaster like this, because it changes the cost share,
    right? It would change it from 80 percent to 90 percent. Is
    that accurate?
        Mr. Bhatt. Yes, Senator, it would. When I was a Secretary
    in Delaware, I would drive on 695. It is signed as part of the
    interState. I think we just all assumed it was part of the
    interState. That was the first time that I have ever been part
    of redesignating it post an event. For all intents and
    purposes, it was part of the interState. It was just related to
    its initial design exceptions back in the 1970's.
        Senator Ricketts. Do you think this is the first time that
    you have done this?
        Mr. Bhatt. The first time to my knowledge that we have done
    it after an event. We redesignate interState all the time
    across the Country.
        Senator Ricketts. What would happen, then, to the toll
    fees? Does that change anything with regard to the toll fees
    and how Maryland uses it, designating it as part of the
    interState highway system?
        Mr. Bhatt. Once they accepted the ER funds, that
    Federalized the facility and would require any tolls to be used
    under Title 23.
        Senator Ricketts. Help me, for us regular civilians here
    who don't know what that means, what would that mean going
    forward for the State of Maryland? They have already talked
    about how they use this to maintain their toll system right
    now. What will happen going forward now that you have
    designated this?
        Mr. Bhatt. Under Title 23, there is a list of things that
    you must do. The first is maintain the bridge or the toll
    facility, so those funds can be used. Then, after that, there
    are certain things that are allowable, all related to Title 23
    highway expenses within the State.
        Senator Ricketts. It is not going to impact Maryland's
    ability to be able to use those funds to continue to maintain
    their toll system, is that accurate?
        Mr. Bhatt. No, sir.
        Senator Ricketts. Okay, very good.
        I have other questions, but if we go to the second round, I
    would like to get to those. If we don't, we can just submit
    them in writing. Great, thank you very much.
        Senator Carper.
        [Presiding.] Thank you, Senator Ricketts.
        Who is next, would it be Sheldon Whitehouse?
        Senator Whitehouse. It would be.
        Senator Carper. Senator Whitehouse, you are on. Thank you.
        Senator Whitehouse. Thank you, Chairman.
        Good to have you all here. Thank you, Administrator Bhatt,
    for being here. Thank you also for your travels to Rhode
    Island. Maryland is not the only State that has a bridge
    predicament, as you know. Rhode Island's Washington Bridge goes
    over the Seekonk River. It carries a Federal artery on it.
        Where the Key Bridge runs about 30,000 vehicles per day,
    the Washington Bridge runs closer to 100,000 vehicles per day.
    For the eastern half of my State, it is the essential artery
    for getting, for instance, to the hospitals of Rhode Island, to
    the Rhode Island Hospital emergency room, for instance.
        So, it is very important to us to get this attended to with
    as much Federal support as we can. I understand that we are
    looking at what the causes are of our bridge's failure, to see
    whether it can qualify for emergency designation. Thankfully,
    our failure was caught before the collapse of the bridge. We
    just had to close it immediately, at least, most of it.
        We are where we are as a result, and it is going to be
    important to me and to Rhode Island's delegation to make sure
    that we are not exactly in Maryland's position, because we are
    probably not an emergency. We thankfully did not have loss of
    life, but to be on a similar track of Federal attention.
        We have said that to you before. Governor McKee has said
    that to you. Our whole delegation has said that to you. This is
    not news to you. Since you are here, I wanted to remind you of
    that and ask if you had any comments to that point you could
    make.
        Mr. Bhatt. Thank you, Senator. I am well aware, both
    through my visits and our numerous conversations, of the
    importance and the impact to East Providence, and the entire
    State. I actually flew into Providence when I was on my way up
    to visit the Cape Cod bridges, just so I could see how things
    were going. It is good to see that, because of the efforts of
    Rhode Island DOT, that some of the----
        Senator Whitehouse. The flow is better.
        Mr. Bhatt. The flow is better. We will continue to work
    with Rhode Island on this. We are grateful that it was caught
    before it became a deadly disaster, and commitment to just
    staying in close contact as we move forward on this.
        Senator Whitehouse. Close contact is nice, but the request
    is that we stay on a time track similar to the Key Bridge
    project, and that there be significant resources available. We
    are dealing with a very significant expenditure for the State
    of Rhode Island for a really essential piece of Federal
    infrastructure.
        You landed at T.F. Green Airport, and you drove north on
    95, and then you turned across the bridge to 195 in order to
    get to Cape Cod. All of eastern Massachusetts is accessed
    through that multi-lane highway, which goes over that bridge.
    It is really important not just to Rhode Island, but also to
    those seeking to get to eastern Massachusetts and to the Cape
    and so forth to have that bridge repaired.
        The expense is going to be considerable. It looks like we
    are going to have to tear a significant portion of the bridge
    down, and then commission a rebuild of a new structure. I don't
    think we are going to hit $1.7 billion, but it is going to be a
    big number, and it is going to be a particularly big number for
    a small State.
        We think it is important that it is a value that Rhode
    Island adds to have that junction of 95 and 195, right in the
    middle of our State. It is a very important piece of Federal
    infrastructure of the entire northeast. Now that it has been
    put in this peril, we are really eager to make sure that the
    Federal Government understands that this Federal highway needs
    Federal support so that we can get it back in full, safe
    operation for another 50 to 100 years.
        Mr. Bhatt. Yes, sir. I fully agree with you. I understand
    the impacts. I think, as Ranking Member Capito said, if this
    was in any one of your States, you would make this argument, so
    I hear you.
        I know that they just had a Request for Proposal (RFP) that
    was out there to get a repair on the bridge that did not,
    ultimately, have any companies competing. Se are going to
    continue to work with Rhode Island DOT to get that bridge open
    as quickly as possible. We will meet with you on as much funds
    as are legally eligible.
        Senator Whitehouse. The funding is going to be key, and the
    timing of the funding is going to matter.
        Thank you very much, Chairman.
        Senator Carper. You are quite welcome.
        Sorry I had to step out. One of the issues that is of great
    interest to this committee is permitting, and we are having a
    hearing in another committee, the Homeland Security Committee,
    on permitting, and I needed to be in two places at one time. I
    thank Senator Capito and Ben here for keeping things moving.
        I am going to ask a question, if I can, of General
    Spellmon, if I may. Federal and State agencies, including the
    Corps, came together quickly, I think that is really an
    understatement, quickly to coordinate a timely multi-agency
    response to the bridge collapse. The results were impressive.
    They were beyond impressive. They were, I think, amazing. I
    continue to applaud the efforts of all who participated and
    pulled together to respond to the disaster that occurred.
        With that said, the Federal Government learns lessons from
    every emergency response experience that can be applied to
    future emergencies. My question, General Spellmon, if I may,
    from the Corps' perspective, what are some of the key takeaways
    from the recovery and salvage effort that could help the
    Federal Government think maybe more strategically about
    emergency response moving forward?
        Looking back, what do you think went particularly well, and
    what do you think might have gone better? I like to say,
    everything I do, I know I can do better. Maybe what have we
    learned, and what could we have done better?
        General Spellmon. Yes, sir. First, I wanted to just say
    thank you for those generous words.
        In terms of best practices, I will just mention two items.
    First is the importance of authorities that Congress gives to
    us. I will mention emergency reprogramming authority that you
    give the Chief of Engineers. It comes in Section 101 every year
    of our Energy and Water Appropriations Act. Then for the Navy,
    the Salvage Facilities Act. All of those allowed us to move
    fast on this. Within a couple of hours of the bridge coming
    down, Colonel Pinchasin was able to exercise those authorities
    in our interagency agreements, and we had tools and people
    ranging from New York, New Jersey, all the way from Galveston,
    Texas sailing toward Baltimore, incredibly helpful.
        The second one I will mention, sir, is leadership. As you
    know, within hours, the President called me on this, and his
    team stayed in touch throughout. The Secretary of Defense
    called me that morning.
        Senator Carper. Did you say the President called you?
        General Spellmon. Yes, sir, on my cell phone.
        Senator Carper. Does he call you often?
        General Spellmon. Not too often.
        Senator Carper. How did he get your number?
        [Laughter.]
        Senator Carper. Go right ahead.
        General Spellmon. Sir, Governor Moore was absolutely open
    to us and shared with us anything that we needed. I was to call
    him personally, and there were things we needed from Maryland,
    and we got it right away. I would just say, having that level
    of access and that commitment was absolutely critical.
        I think one of the lessons we continue to learn, we
    continue to work hard on this, is during times like this, when
    things are moving fast, always working to speak precisely in
    our best, plain English. I said something about midway through
    this that caused some friction in the State and certainly with
    the families. At the time, we still had two missing workers.
        I was asked in a national media interview how we were going
    to take the remaining section of Span 18 off of the Dali. I
    said we were going to use explosives, and what those families
    heard and what the Governor's team heard was, I was going to go
    out and create a mushroom cloud in the Patapsco River.
        That is not what we meant, and we had a fluent Spanish
    speaker on our team, a young Army captain, who put together an
    animation, translated it into Spanish, and we took that to the
    families and then the Governor's team to help clean that up,
    but I think we can always do better speaking to Congress, to
    the Administration, and to the public in plainer English.
        Senator Carper. Thanks very much.
        I have a question for Secretary Wiedefeld. Mr. Secretary,
    the bridge we are talking about here, like many active bridges
    in the United States, was built, I think, prior to the 1990's,
    if I am not mistaken. It lacked adequate safety features to
    protect against a ship collision.
        Some older bridges, like the Delaware Memorial Bridge, that
    connects our State and New Jersey, are adding systems like
    protective islands that will protect the bridge from ship
    collisions. However, many older bridges still lack such
    protection.
        My question is, how is Maryland incorporating more robust
    collision protection into the design of the replacement bridge?
    Is the State contemplating whether to add that type of
    protection for other bridges like, for example, the Chesapeake
    Bay Bridge?
        Mr. Wiedefeld. In terms of the replacement of the Francis
    Scott Key Bridge, that will be a key component of the future
    design of how we do that, whether it is through islands or
    actually moving the piers further apart. As you may recall,
    within short distance of the 700 foot, is goes to very shallow
    very quickly, if you remember. We opened these auxiliary lanes,
    and they were anywhere from ten to 20 feet deep. If you put
    these piers much further apart, that is a natural protection.
    That is in the replacement. That will be played out through the
    design as a high priority.
        In terms of other bridges that we own, the Chesapeake Bay
    Bridge, we are looking at both immediate things that we can do
    operationally and then longer term, which obviously, we have to
    go through a series of permitting and different things of that
    sort to build anything around those existing piers. We also
    have a study underway to replace those bridges, and that would,
    in fact, be the same thing, where we would look at how do we
    protect them for a future bridge.
        Senator Carper. Okay, thanks very much.
        Senator Merkley, you are next. Welcome.
        Senator Merkley. Well, thank you very much.
        Secretary Wiedefeld, my thoughts go out to all the people
    of Maryland affected by this bridge disaster, lost lives, and
    affected families. Certainly, the infrastructure bridge
    programs we have are so important as we seek to prevent future
    events.
        Administrator Bhatt, Congress has not acted on the Disaster
    Supplemental Request submitted by the Administration back in
    October of last year and updated just last month. The updated
    request includes an additional $3.1 billion in funding for the
    DOT ER Program, or Emergency Relief Program, and $4 billion for
    other certain disaster needs, including the Key Bridge and
    wildfires.
        How important are these Disaster Supplemental requests?
        Mr. Bhatt. Thank you, Senator, for the question.
        I think every State takes some comfort from knowing that if
    they are impacted by disaster, the ER Program is there. I think
    one of the challenges for us now is that as we project the next
    6 months, we are likely to have more requests for reimbursement
    than we have funding available, so that supplemental timing is
    critical.
        Senator Merkley. I heard the word critical. I will
    emphasize the importance of us acting in that regard.
        The event with the Francis Scott Key Bridge and a few other
    disasters around the Country really focused on bridge
    infrastructure. Out in the Pacific Northwest, we talk about the
    Cascadia subduction zone event. The Cascadia subduction zone
    are faults that extend over 1,000 miles that ruptures every 300
    years or so.
        The current estimate is that there is a 37 percent chance
    in the next 50 years of, more colloquially, the ``big one.''
    The big one will make bridges that connect across the
    Willamette River, Columbia River, other key waterways,
    essential in getting emergency supplies. In that regard, folks
    in Oregon really love the Bridge Investment Program, but, of
    course, it is oversubscribed.
        To what degree do we need to strengthen our existing
    bridges to prepare for a one out of three plus chance of a big
    one in the Pacific Northwest?
        Mr. Bhatt. Thank you, sir, for that question.
        Yes, we have received a lot of interest in the bridge
    program. I want to thank this committee for including seismic
    retrofit as an eligibility. The Golden Gate Bridge is actually
    one of the first bridges to receive $400 million for seismic
    retrofit. Yes, I have been out to Portland, I have been on the
    Columbia River Bridge and a bunch of others, and yes, they are
    in dire need of investment.
        Senator Merkley. Thank you. Thank you, Mr. Chairman.
        Senator Carper. Thank you, Senator Merkley.
        Senator Kelly, you are next. Welcome.
        Senator Kelly. Thank you, Mr. Chairman. Thank you to all of
    our witnesses for being here today.
        Administrator Bhatt and General Spellmon, as I understand
    it, one of the contributing factors to this catastrophic
    failure of the Francis Scott Key Bridge was the lack of fenders
    on the bridge itself, which protect a bridge or a pier from the
    damage from a possible vessel strike in the case of a vessel
    losing control or just poor navigation.
        Can you both speak to whether your agency maintains data on
    which bridges in the United States have this protective
    infrastructure in place, and which ones do not?
        General Spellmon. Sir, we don't have the data. I would just
    add to your comment, this bridge was completed in 1977. The
    Neopanamax type vessels like the Dali showed up in our
    waterways 40 years later. The concrete dolphins that were out
    there protecting Pier 17 and 18 and the fendering were clearly
    not sufficient for vessels of that size.
        Senator Kelly. Do you feel this situation exists in other
    places?
        Mr. Bhatt. Thank you, Senator, for that question. That has
    been a key focus for us since the Francis Scott Key (FSK)
    disaster. There are about 620,000 bridges in our national
    bridge inventory. About 4,000 of those, give or take, have, as
    part of the inspection process, we require States to look at
    the dolphins and fenders and other pieces. We are working with
    AASHTO and the NTSB right now to get that full inventory looked
    at to see which bridges have the up-to-date protection, and
    what can be done in order to bring them up to speed and up to
    code.
        Senator Kelly. If we are able to bring them up to code and
    install protective measures like these fenders, is it possible
    for the Harbor Maintenance Trust Fund to be the source of
    funding to do that?
        Mr. Bhatt. I am happy to look into that and see if that, in
    addition to the Highway Trust Fund, would be an appropriate
    source of funding.
        General Spellmon. Senator Kelly, I would have to do the
    research. I am not familiar if we could use that authority.
        Senator Kelly. General, at this point, how would you
    prioritize these type of investments over other infrastructure
    projects that you have going on?
        General Spellmon. Yes, sir, I think they have to receive
    the highest priority. In fact, I think, in the Corps, we have
    to do a better job in our Chief's reports that we send to
    Congress and doing a better job in definitizing the importance
    of maritime safety and the impacts.
        For example, today, we have harbors, major harbors in the
    Country where they don't have a 700 foot channel, they have a
    500 foot channel for vessels of this size, and they are not
    going to get any wider.
        Senator Kelly. What is the beam on this vessel?
        General Spellmon. Sir, just under 150 feet. We are not
    going to make them wider, because in some of the ports, they
    can't afford the cost of the coral mitigation, so we have that.
    Again, I think it is on the Corps and our engineers to do a
    better job in definitizing the safety aspect of these bridges
    so we can get to better economic ratios in our reports.
        Senator Kelly. It may have come up before I came in, but
    how far along is the mishap investigation here?
        Mr. Bhatt. Sir, that would be up to the NTSB.
        Senator Kelly. You don't have a timeline?
        Mr. Bhatt. We are working with them, but they control the
    investigation.
        Senator Kelly. Do you know if part of the investigation was
    to see if there have been other close calls throughout the
    Country that we may not have been aware of?
        Mr. Bhatt. Senator, I just would want to defer to the NTSB
    on what they are looking at.
        General Spellmon. Sir, in their preliminary report that
    they released in mid-May, they mentioned that they are looking
    at other bridge collapses: one in Tampa, Florida, one in
    Oklahoma, and Texas to look at the protective measures, the
    dolphins and the fendering systems and what can we take from
    the new bridges at those locations and bring forward to
    modernize our current inventory.
        Senator Kelly. It would be interesting to know, and I don't
    think you guys would have the info either, I think it might be
    something for the Maritime Administrator or somebody else in
    the Department of Transportation, how often we have had
    situations where ships have lost steering, maybe had to go to
    aft steering, which is a challenging thing to maneuver a ship,
    especially in close quarters when you are required to go to a
    guy who is basically at the back of the vessel in the engine
    room, and you are talking to him over a radio.
        But it would be interesting to have that data as part of an
    investigation to see, what is the likelihood that this could
    happen again. I think that could possibly inform the priority
    you make on infrastructure investments, like do we really need
    to get these fenders and other mitigation measures installed.
    Thank you.
        Thank you, Mr. Chairman.
        Senator Carper. You bet. Thanks much, and thanks for those
    questions.
        Administrator Bhatt, General Spellmon, as we discussed
    earlier, the Key Bridge is only one of many bridges in the
    United States that lacks functional pier protection. That list
    also includes bridges near major ports like New York, like
    Philadelphia, like New Orleans.
        Administrator Bhatt, what is the Federal Highway
    Administration doing to better protect the bridges across our
    Country that still lack adequate pier protection? I have a
    follow-on to that, but just start with that. What is the
    Federal Highway Administration doing now to better protect
    bridges across our Country that still lack adequate pier
    protection?
        Mr. Bhatt. Thank you, Chairman Carper. Obviously, it is an
    incredibly important question. We have been in close contact
    with AASHTO, the American Association of State Highway
    Transportation Officials, just to get a better understanding of
    how many bridges have exposure to vessels of this size. We are
    making them aware of all of the funding opportunities, both in
    the formula and discretionary grant programs.
        I will say the BRIDGE Program, the BRIDGE Improvement
    Program, is obviously oversubscribed. We do have a funding
    shortfall, so it is both identifying the needs that are out
    there and then finding funding priority to address those needs.
    We are going to continue to work closely with the NTSB as they
    provide their recommendations as to what the appropriate level
    of protection. As we know, there were dolphins on this bridge,
    but they were not successful in protecting the Francis Scott
    Key Bridge.
        Senator Carper. Thank you.
        General Spellmon, looking back on the disaster, what are
    some of the major safety measures that the Corps would
    recommend taking while the Federal Highway Administration and
    Congress work together on addressing this safety concern?
        General Spellmon. Yes, sir. I think we will take the lead
    of the National Transportation Safety Board. As I mentioned,
    their report that they released in mid-May, the bulk of that
    report talked about the vessel and the electronics, but there
    is a section in the back on bridge safety and resilience
    against elisions that we had here, everything from fendering
    and larger and more dolphins. Those are the large concrete
    cylinders, sir, that you saw during your visit, that we anchor
    into the bottom of the river to protect those important piers.
        I think, as we do what we call our Section 408 reviews for
    new bridges and navigation channels, that we in the Corps have
    to take a harder look at those safety measures and work with
    our State and Federal partners to make sure that they are, in
    fact, implemented.
        Senator Carper. Okay, thank you.
        Secretary Wiedefeld, a question, if I could, on air quality
    impacts. The question is, last month, when we met with Governor
    Moore, who, I must say, is a very impressive leader, I have had
    several opportunities to meet with him and am very impressed.
    When we met with the Governor and with the Lieutenant Governor
    at the site of the bridge collapse, during that meeting, we
    discussed, as you may recall, some of the impacts that the
    bridge collapse may be having on people who live in the
    surrounding communities, impacts including trucks, a lot of
    other vehicles that have been rerouted through people's
    neighborhoods. We talked about the effect that that can have on
    congestion and the effects it can have on safety. I would add,
    probably, the effect it could have on air quality. We also
    discussed the potential for increased air pollution from the
    trucks that serve the port.
        My question is, what is the State of Maryland doing to
    monitor and, if necessary, mitigate the effects of increased
    truck traffic through the neighborhoods close to the port?
        Mr. Wiedefeld. Yes, thanks, Senator. We are working
    directly with the local governments, being the Baltimore City,
    Baltimore County, and Anne Arundel County, which the immediate
    community impacts to make sure we are monitoring any truck
    traffic, policing it where they should be and where they should
    not be, and then working with the community to deal with their
    basic transportation needs, because the inability just to get
    across to another part of the city and the county with now the
    short path of the bridge, so we are working with that.
        We are working with our transit administration to look at
    opportunities there, as well as travel demand management. We
    are also working with the metropolitan Clean Air Organization
    to monitor the air quality, and with our Maryland Department of
    Environment to monitor that. Obviously, that goes into,
    eventually, into the State implementation plan on the air
    quality side, but if there are any immediate hotspots it
    affects, so we can address those. We have been very successful
    with the trucking community, obviously, to make sure they
    understand the implications of that and to work with us. That
    has been working very well, and we will continue those efforts.
        Senator Carper. Very good. Just a followup question, if I
    could. Is there any assistance that you and your colleagues
    need from the Federal Government to address air quality impacts
    resulting from the traffic effects of the bridge's collapse?
        Mr. Wiedefeld. Not at this time. Again, I think the open
    communication that we are having with the community, meaning
    both the people that live in the area, the businesses that are
    dependent upon the highway system in that area, the trucking,
    the port, as long as we keep those lines of communication open,
    I think we can keep tackling these issues head-on.
        Senator Carper. Thanks. Senator Capito, would you like to
    go next, or yield to Senator Ricketts?
        Senator Capito. Yes, I will yield to Senator Ricketts.
        Senator Carper. Thanks. Senator Ricketts?
        Senator Ricketts. Great, thank you very much, Senator
    Capito; I appreciate that.
        I want to change gears a little bit to talk about the
    permitting of this, because it is important that we get this
    done as quickly as possible. I think we all recognize that.
        Administrator Bhatt and General Spellmon, there has been
    precedent in this Administration to use alternative
    arrangements to waive NEPA and other environmental regulations
    to build projects for emergency response. The Administration
    used alternative arrangements to waive the NEPA and bypass the
    standard compliance process to establish the Emergency Migrant
    Housing Encampment in Floyd Bennett Field, the 1,400 to 1,500-
    acre National Park Service facility in New York City. They did
    that in less than 2 weeks. Does this Administration plan to use
    alternative arrangements to rebuild the Francis Scott Key
    Bridge?
        Mr. Bhatt. Thank you, Senator, for that question.
        I am not aware of waiving NEPA. What we will do is we will
    issue a categorical exclusion because we are replacing a bridge
    in essentially the same footprint as the preexisting one and we
    will work with the Corps and other resource agencies to get
    that done.
        Senator Ricketts. How much time do you think that will
    save, to do the categorical exclusion?
        Mr. Bhatt. Ninety-eight percent of our projects are
    categorical exclusions, so it is a very quick determination.
        Senator Ricketts. Does this only have to be used, can it
    only be used in emergency situations?
        Mr. Bhatt. No, the vast majority of our projects that are
    within an existing highway footprint are categorical
    exclusions. It is when you get into an EIS, Environmental
    Impact Statement, or National Ecosystem Assessment (NEA)
    environmental assessment, where you just have more impacts and
    more studies required.
        Senator Ricketts. Okay, because I was actually just talking
    to a gentleman who represents the Ironworkers, and he was
    describing to me a situation, and we will get more details to
    followup with you on this, but in Chicago, where, again, they
    were replacing a bridge. He said it took 9 years to get the
    permit on that, and obviously, I do not have the details on
    that.
        But theoretically, that could be used for a categorical
    exclusion, too, right, that if it is just replacing a current
    bridge that is already there, you could use a categorical
    exclusion to save a lot of the time when trying to get the
    permit. Is that accurate?
        Mr. Bhatt. I am happy to followup with you, Senator, on
    those specific examples. A lot of it just has to do with the, I
    will use the Cape Cod Bridge as an example, there are whales in
    the canal that the Cape Cod Bridge crosses, and so there is an
    environmental impact on an endangered species that could have
    an impact. It just depends on the context of the bridge.
        Senator Ricketts. Okay. You said that you did not have any
    knowledge of ways that you can waive NEPA. Is that accurate?
        Mr. Bhatt. Again, waiving NEPA is not something that----
        Senator Ricketts. You ca not do that?
        Mr. Bhatt. I do not believe I have the authority to do
    that, but we can find ways through a categorical exclusion when
    we are replacing a bridge that existed in that footprint in an
    Emergency Relief Program expenditure.
        Senator Ricketts. Even though you said it did not have to
    be an emergency to use the categorical exclusions?
        Mr. Bhatt. Correct.
        Senator Ricketts. Okay. Then, I just want to go back to
    another question I asked earlier. When you changed the
    designation for the bridge to the interState highway system,
    under what authority did you do that?
        Mr. Bhatt. Under the authority of the Federal Highway
    Administration. There is a process that we follow, where the
    State says, we would like this redesignated. It happens quite a
    bit, and we have to go through and say, here are the design
    exceptions that we would approve, so I would assume it is under
    Title 23.
        Senator Ricketts. There is a process. Did you follow that
    process for the Francis Scott Key Bridge?
        Mr. Bhatt. Absolutely.
        Senator Ricketts. Very good. Thank you very much. I
    appreciate it. Thank you.
        Senator Carper. Thank you very much.
        Senator Cardin?
        Senator Cardin. Senator Ricketts, I want you to, I think
    Secretary Wiedefeld is also taking steps to streamline the
    timeline on the replacement of the bridge, and I will give you
    a chance to respond on that.
        Mr. Wiedefeld. Thank you, Senator. Yes, obviously, we are
    working with Federal Highway literally daily on this issue to
    make sure that we are hitting all of the environmental issues,
    and then basically anything we can do on the design to get this
    done quicker.
        We have put out the RFP, as was mentioned, roughly 2 months
    after the fall of the bridge. We have gotten the responses to
    those, and we are reviewing those now. The next phase will be
    we will hire a general engineer's contractor, basically, in
    effect, the engineers to oversee this. That will go out in the
    next few weeks, and we will have that decision late summer.
        We have also processed what we call the Construction
    Management Inspection (CMI), which is a construction management
    inspection portion of the future bridge, so we are doing that
    contract now. We are preparing that contract now, and we will
    have that in early fall. All of this is the stage to get this
    done as quickly as possible, given the significant impact it
    has on the local community and the northeast corridor.
        Senator Cardin. I saw the team at work and what they did to
    get the port opened well earlier than anyone anticipated. I
    have a great deal of confidence in Secretary Wiedenfeld and
    Governor Moore. We are going to get that bridge put up as
    quickly as possible because we recognize the significance, not
    only to our State, but to the entire Country, of that bridge
    being replaced quickly, so that is one of our principal
    focuses. Do it right, but to do it as quickly as possible.
        Let me just take my remaining minute or two, General
    Spellmon, I just really want to acknowledge again the
    extraordinary work of your team. I would like to include in
    that the Coast Guard. They were just incredible. The way that
    you have talent and commitment, the way that you immediately
    responded, the way that you brought in the private sector where
    you needed the private sector for their expertise, it was a
    team effort.
        I can not underscore enough that when we saw the situation
    on March 26th, we thought that port would be closed for a long
    time. Within a matter of weeks, you had shipping channels
    effectively opened for a large percentage of the traffic.
    Admittedly, it was difficult to get the ships in and out and
    they had to be by schedule and you could only go in on
    direction, you could not have two ships at the same time. We
    were able to get business started much faster than we ever
    anticipated.
        Then, within a matter of a little over 2 months, we had the
    full channel opened. That was incredible, with the tonnage and
    the steel and the concrete that was there.
        Once again, I want to underscore this. I was there at the
    scene, looking at the divers that you already complimented.
    They could not see their hands in front of them, and there was
    jagged debris out there that could be fatal to a diver. They
    are operating under those extremely dangerous conditions under
    some very bad weather conditions in early April, I might tell
    you.
        Every time you moved any of the debris, you had to
    resurvey, because the debris would shift and would affect the
    safety of the divers. You did it with complete safety and
    speed. That is a resource that, I must tell you, yes, you had
    the talent, but you also had the commitment of those that serve
    at the Army Corps and our Coast Guard and the private sector to
    put together this team.
        I just really wanted to say, once again, thank you so much
    for your incredible service and for your team.
        General Spellmon. Thanks, sir, and I will certainly pass
    those words on to all those men and women wearing hard hats out
    there, cutting up that steel, and certainly the divers.
    Incredible talent that the Navy and their industry partners
    brought to this.
        Senator Capito. I just have one quick followup question to
    General Spellmon. Let us see, you said the Corps spent
    approximately $65 million for the wreckage removal and
    emergency. This came from annual operations and maintenance
    funding for the Port of Baltimore and through the use of the
    Corps' Emergency Program authority.
        However, the supplemental transmitted to Congress only asks
    for $33 million for the Corps. Why is the supplemental request
    only for $33 million when the Corps spent $65 million, and will
    the $33 million only be used to replenish annual operations and
    maintenance funding for the Port of Baltimore?
        General Spellmon. Yes, ma'am, let me explain. Our initial
    estimate to clear the 700 foot by 50 foot deep channel was $100
    million. We are going to land that, we are in final
    demobilization now. It is going to come in at about $74
    million. We started off, we used $52 million from Baltimore
    Harbor O&M to not remove sediment, but to remove steel and
    concrete.
        I mentioned in my opening statement, we went out and
    canvassed unused and aged Harbor Maintenance Trust Fund O&M
    dollars from 220 projects across the Nation, and we garnered
    $33 million to put against that effort. I do not need the full
    amount, and it is part of the supplemental request.
        We want to award, we have sediment for the erupted channel
    that we now have to deal with, and we are asking for $33
    million to recoup what we spent on steel and concrete. That
    will allow us to, if we get that near the end of this fiscal
    year, that will allow us to stay on award for our next dredging
    contract, which we would like to award in October.
        Senator Capito. Thank you. Thank you all very much.
        Senator Carper. Senator Ricketts, any more questions? No?
    Okay.
        With that, let me say in closing, thank you to each of you
    for preparations, for your presence, and your response to our
    questions, and in some cases, you will be asked some additional
    questions, as you know. I believe that the Federal Government
    can and should work certainly with States, with local
    governments, the private sector to help us build the
    infrastructure and rebuilt the infrastructure that we need to
    be a successful Nation in the 21st century, not only in
    Baltimore and in Maryland, but across our Nation.
        For some final housekeeping, I ask unanimous consent to
    submit for the record an Emergency Relief Program Supplemental
    Appropriations for FY 1990-FY 2023 that relates to today's
    hearing and a letter from a stakeholder.
        [The referenced information follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Senators will be allowed to submit
    questions for the record through the close of business on July
    24th. We will compile those questions. We are going to send
    them on to each of you, as appropriate, and we are going to ask
    you to reply to those questions by August the 7th.
        Senator Capito, any other thoughts?
        Senator Capito. No, I am good.
        Senator Carper. I just want to thank our staffs on both
    sides of the aisle for their work and preparation for today. We
    thank our witnesses, as well. It has been a constructive
    hearing. We look forward to moving on and figuring out the
    right thing to do and doing our dead-level best to do that and
    to keep in mind the Golden Rule: treat our neighbors the way we
    want to be treated.
        With that, I think this hearing is adjourned.
        [Whereupon, at 11:48 a.m., the hearing was adjourned.]