    [Senate Hearing 118-158]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-158

                        HEARING ON IMPLEMENTATION OF THE
                           INFRASTRUCTURE INVESTMENT
                         AND JOBS ACT AND THE INFLATION
                          REDUCTION ACT BY THE FEDERAL
                             HIGHWAY ADMINISTRATION

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

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JUNE 14, 2023

                                   __________

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

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

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

                                    __________

                       U.S. GOVERNMENT PUBLISHING OFFICE
    62-246                     WASHINGTON : 2025

    -----------------------------------------------------------------------------------

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED EIGHTEENTH CONGRESS
                                 FIRST 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

                                 JUNE 14, 2023
                               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.......................................................     4

                                    WITNESS

    Bhatt, Hon. Shailen, Administrator, Federal Highway
      Administration, Department of Transportation...................     7
        Prepared statement...........................................     9
        Responses to additional questions from:
            Senator Carper...........................................    19
            Senator Sanders..........................................    23
            Senator Padilla..........................................    23
            Senator Fetterman........................................    25
            Senator Ricketts.........................................    29

                              ADDITIONAL MATERIAL

    Letter to Senator Carper and Senator Capito from:
        Advocates for Highway & Auto Safety..........................    56
        America's Cement Manufacturers...............................    63

                        HEARING ON IMPLEMENTATION OF THE
                           INFRASTRUCTURE INVESTMENT
                         AND JOBS ACT AND THE INFLATION
                          REDUCTION ACT BY THE FEDERAL
                          HIGHWAY ADMINISTRATION

                                  ----------

                            WEDNESDAY, JUNE 14, 2023

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

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

        Senator Carper. With that, I am pleased to call this
    hearing to order. Welcome to all of our witnesses, welcome to
    our guests, especially thanks to Senator Capito and her
    colleagues for being here for this important hearing.
        Today we are here to discuss the Federal Highway
    Administration's implementation of the Bipartisan
    Infrastructure Law and the Inflation Reduction Act. I am
    enormously proud, I know Senator Capito is as well, of the work
    that this committee did, literally providing the foundation for
    the Bipartisan Infrastructure Law.
        People say to me, and I am sure they say to you, Senator
    Capito, when you travel back to West Virginia or around the
    Country, why can't you guys and gals just work together and get
    stuff done. As it turns out, in this committee, that is what we
    do. We reported out our parts of the Bipartisan Infrastructure
    legislation, unanimously, 20 to zip. Ten Democrats, ten
    Republicans. We are proud to have helped lay the foundation for
    what has turned out to be one of the biggest investments in the
    Nation's infrastructure ever and it started right here in this
    room.
        I think we have made some history, and hopefully we will
    continue to make that history going forward.
        Before we begin, I want to take just a moment to
    acknowledge the disaster that occurred this past weekend just
    north of Philadelphia. My wife and I live about five miles from
    the Pennsylvania line, so this was too close to home. There is
    a lot of work that has been going on, and I know our witness
    today, Shailen, has been up there for quite a time. We will
    hear a little bit about that as well.
        On Sunday, a tanker truck carrying 8,500 gallons of
    gasoline caught fire on the off-ramp causing an overpass on I-
    95 literally to collapse as you have probably all seen on
    television. Administrator Bhatt has already been to the site of
    the crash a couple of times. He and his team are working to
    support State officials there as they restore mobility on this
    critical corridor for our Nation.
        I-95 is really like our Nation's highway. It goes all the
    way from Maine all the way down to Florida. The amount of
    traffic on that which goes through my State is just incredible.
        I want to thank our Administrator and the rest of his team
    at the Federal Highway Administration for the important work
    they are doing. We appreciate very much your being with us
    today.
        It has been a little more than 2 years since this committee
    unanimously marked up the highway bill that would go on to
    serve as the foundation for the Bipartisan Infrastructure Law.
    When we did, we noted that it included historic funding for our
    Nation's highway programs. I also noted that it included the
    first-ever climate title in a bill of that nature.
        In our highway bill, we created the Promoting Resilient
    Operations for Transformative, Efficient, and Cost-Saving
    Transportation, otherwise known as the PROTECT, program. We did
    so with the intent of improving the resilience of our
    transportation systems and reducing our vulnerability to
    extreme weather.
        We have all heard the old saying that an ounce of
    prevention is worth a pound of cure. That is certainly the case
    with investments in resilience. Building protective features
    and natural infrastructure helps keep transportation assets
    able to withstand disasters for years. The earlier those
    protections are in place, the greater the benefit will be.
        With that in mind, I am pleased that the Federal Highway
    Administration is now accepting applications for the first
    round of PROTECT grants. It is my hope that the Federal Highway
    Administration works quickly to award these program funds and
    begins to improve the resilience of communities nationwide.
        Our bill also created dedicated programs to develop
    electric vehicle or EV charging networks across our Country. It
    also included a 70 percent increase in funding for programs to
    build safe, accessible pedestrian and bicycle pathways across
    our Country.
        In addition, our surface transportation bill authorized the
    Reconnecting Communities program. This was the first-ever
    Federal program to address the safety and pollution impacts of
    highways that have divided and hurt neighborhoods in many
    places across our Country.
        Importantly, not only did our highway bill focus on the
    critical issues of climate, safety, and equity, but it did so
    in a lasting, bipartisan way. My colleagues have heard me say,
    and Shailen a million times, bipartisan solutions are lasting
    solutions. We are very proud that that is the approach we took
    with the Bipartisan Infrastructure bill.
        During that markup 2 years ago, I also noted that the
    Infrastructure Bill alone was not enough to address climate
    change. Once we passed the Bipartisan Infrastructure Law, we
    got to work on legislation that eventually became the Inflation
    Reduction Act.
        The Inflation Reduction Act authorized several new programs
    under the purview of the Federal Highway Administration. This
    included a program to reduce the industrial emissions from
    construction materials, as well as funding to facilitate
    efficient environmental review and permitting times. The
    Inflation Reduction Act also provided funds to mitigate air,
    noise, and water pollution and other impacts of highway
    infrastructure on disadvantaged communities.
        Together, the Bipartisan Infrastructure Law and the
    Inflation Reduction Act represent the most significant
    investment in clean energy and transportation infrastructure,
    as well as equity and climate resilience in our Nation's
    history. Still, there is no shortage of work that remains to be
    done. There are key questions that the Federal Highway
    Administration must address around implementation, regulation,
    and guidance.
        That is why I am delighted to welcome our friend, not just
    from Delaware, but a friend who has actually been Secretary of
    Transportation in Delaware and Colorado, he has worked with
    USDOT in any number of responsible positions to prepare him for
    this day. This is his first time before our committee since the
    Senate confirmed his nomination to be Administrator of the
    Federal Highway Administration by a voice vote in December
    2022. We look forward to hearing your testimony today about the
    extensive work that you have led in the past 6 months or so.
        As I noted, Congress provided the Federal Highway
    Administration with historic funding and the authorities
    necessary to revitalize highways across our Country. The agency
    must also use its regulatory authority to address ongoing
    needs.
        One such need for regulation is to help reduce emissions
    from our transportation sector, which accounts for nearly 30
    percent of our Nation's greenhouse gas emissions, the largest
    single source in our economy. It is my recollection 30 percent
    of our emissions come from cars, the vehicles, trucks that we
    drive. Cars are mobile sources. Another 25 percent comes from
    our power plants across the Country, and another roughly 25
    percent comes from our manufacturing base, the manufacturing
    operations. The biggest of those three is our roads, highways
    and bridges.
        Last July, the Federal Highway Administration proposed a
    rule that would require States and metropolitan areas to
    measure their performance on greenhouse gas emissions and set
    targets to reduce those emissions. Once finalized, this will be
    a critical tool to steer infrastructure investments toward
    better climate outcomes. I hope that the agency will move
    quickly to finalize that rule.
        Finally, I would like to emphasize the importance of
    improving safety. Last year, nearly 43,000 people tragically
    lost their lives on our Nation's roads, the highest number in
    16 years. I will say that again. Last year, nearly 43,000
    people tragically lost their lives on our Nation's roads, the
    highest number in 16 years.
        The U.S. Department of Transportation has taken an
    important step toward this goal by releasing its National
    Roadway Safety Strategy, which set a goal of zero fatalities
    for U.S. roads for the first time. Zero for the first time.
    Still, there is more work that the Federal Highway
    Administration can and should be doing to prioritize safety.
    That includes working with states and metropolitan areas to
    plan streets that are safer for all users and choosing highway
    designs and roadway designs that do not encourage speeding and
    other unsafe behaviors.
        With that, we look forward to hearing about the work that
    Administrator Bhatt has done and will continue to do to advance
    these priorities.
        Before that, I want to turn to our Ranking Member, Senator
    Capito, whose leadership was critical to the passage of the
    infrastructure programs we are discussing today. Senator
    Capito, you are recognized for as long as you wish to speak.

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

        Senator Capito. Thank you, Chairman Carper, for calling
    today's hearing, and your ongoing willingness to conduct
    oversight on the IIJA and the Inflation Reduction Act.
        Administrator Bhatt, it is very good to see you. I know
    that you have been extremely busy here over the last several
    days. Since your confirmation you have maintained a very open
    line of communication with me and my staff. I want to express
    our appreciation for doing that.
        I also want to thank your hardworking staff at the agency.
    I know they are working on a lot of different issues.
        I would also like to acknowledge the tragic incident on I-
    95 in Philadelphia. The pictures are just overwhelming and I
    know you have been on the ground. I appreciate the
    responsiveness of Federal Highway Administration (FHWA) in
    providing assistance to the State of Pennsylvania. I know the
    investigation is underway and Congress will be provided more
    information when it is available.
        I am very proud that this Committee, as the chairman said,
    developed the legislation that served as the foundation of the
    The Infrastructure Investment and Jobs Act (IIJA), and we did
    so together, bipartisan through regular order. I was proud to
    manage the bill on the floor with the chairman, and to attend
    the signing ceremony at the White House.
        Unfortunately, our bipartisan product was jeopardized, this
    was before you got there, by FHWA's December 2021 policy
    memorandum. I want to thank you, Administrator Bhatt, for
    issuing a substantially revised policy memorandum that
    superseded the original one. I appreciate that you recognized
    the original memorandum diminished the bipartisan
    accomplishments of this Committee and contradicted the
    statutory text and clear intent of Congress.
        When the IIJA was signed into law, we promised the American
    people that the legislation would deliver results by improving
    our Nation's core transportation infrastructure, and we are
    starting to see real tangible benefits of that investment. In
    negotiating the legislation, I prioritized the inclusion of a
    robust project delivery and process improvement title that
    included the codification of the One Federal Decision policy
    for surface transportation projects.
        I look forward to receiving an update from you today on how
    the agency is implementing those provisions and others in the
    IIJA. Proper implementation of the law is the only way to see
    the full benefits of the IIJA.
        Now on to the inaptly named Inflation Reduction Act, which
    has not, and will not, reduce inflation. Following passage of
    the IIJA, the Administration embarked on a partisan exercise to
    pass what I believe are misguided policies through the budget
    reconciliation process.
        That effort began with the introduction of the so-called
    Build Back Better legislation in 2021, and culminated with
    President Biden signing the IRA into law in August 2022. The
    original version of the reconciliation legislation included a
    provision that would have directed FHWA to establish a
    greenhouse gas emissions performance measure and associated
    targets.
        I challenged that provision as violating the Byrd Rule of
    the Congressional Budget Act, and that provision was stripped
    from the legislation. That removal of language was the second
    time since I became Ranking Member of this committee that we
    have dealt with this policy. That was the second time that
    Congress directly rejected FHWA the authority to establish a
    greenhouse gas performance measure and associated targets.
        Providing this authority to FHWA was also debated, and
    ultimately left out of the bipartisan IIJA. The Biden
    Administration, through your agency, is now attempting, and the
    chairman just talked about this, to impose a greenhouse gas
    emissions performance measure and associated targets on State
    departments of transportation and metropolitan planning
    organizations, without any authority from Congress. This
    rulemaking feels very similar to the December 2021 policy
    memorandum. Yet again, this Administration is trying to
    implement partisan policies they wish had been included the
    IIJA and the IRA through agency action.
        I am hopeful that under your leadership this rulemaking for
    a greenhouse gas emissions performance measure and associated
    targets will not move forward.
        On a related note, I also want to express my concern with a
    proposal that the President's Fiscal Year 2024 budget request
    has. The budget request included legislative language that
    would repurpose $60 million in unobligated contract authority
    from the TIFIA program to the Active Transportation
    Infrastructure Investment Program. This is in the weeds but I
    know you understand what I am talking about. The IIJA did not
    provide contract authority for that program. It received an
    authorization but it is subject to appropriations.
        This committee determines what programs receive contract
    authority and how much, not the Department. I hope this is not
    something that your agency plans to pursue, as once again, the
    committee has already made a decision here.
        Finally, I want to raise an issue that is not directly
    related to either of the laws that we are discussing today, but
    may have a significant impact on how State DOTs manage their
    programs and their ability to move forward. I am referring to
    the $3.5 billion discrepancy in contract authority between the
    two fiscal management systems, known as Fiscal Management
    Information System (FMIS) and Delphi. I appreciate that you
    brought this issue to my attention in January and look forward
    to receiving an update from you on how the Department of
    Transportation (DOT) plans to resolve this discrepancy.
        In summary, the topics of our hearing today starkly
    contrast the different outcomes in quality and durability. We
    get great quality and durability when the Senate pursues
    bipartisan legislation through regular order We compare that to
    a partisan legislation through budget reconciliation process
    that I believe falls short.
        Nevertheless, oversight of your implementation of these two
    laws is a critical function of this committee.
        I would like to take one moment to say farewell to a much
    beloved and incredible member of our staff over here, the
    Republican staff at The Senate Environment and Public Works
    Committee (EPW). Lauren Baker will be leaving us. I do not know
    if it is today or tomorrow but way, way too soon. She really
    helped to shepherd the IIJA through our committee. She is an
    incredible resource. I know she will be successful where she
    goes.
        Lauren, we will miss her and I know your department will
    miss her as well because of the great give and take that we
    have been able to have with her and through your department.
    Thank you for letting me bid Lauren a fond farewell.
        Senator Carper. Lauren, thank you for your work. One of the
    joys of working on this committee is working with our
    colleagues on the other side of the aisle. It is not just
    member to member, but staff as well. To Adam and Courtney and
    members of our respective staffs, thank you for that great
    spirit. You have heard of the trickle-down theory. When the
    leaders of a committee like this work together and reflect that
    kind of behavior, the staff picks up on it as well. It is a
    good thing for us.
        Senator Capito. Lauren, stand up.
        [Applause.]
        Senator Carper. Do you know where Lauren is going to go
    next?
        Senator Capito. Private sector.
        Senator Carper. Okay. Before I turn it over to Shailen
    Bhatt for his testimony, I would note, when driving to the
    train station in Delaware this morning, I was listening to
    National Public Radio (NPR) news. They were giving some
    updates. They announced that with respect to the Inflation
    Reduction Act (IRA), people say, well, the IRA does not really
    help reduce inflation, but at the end of the day, on the
    morning news this morning we just learned that inflation
    continues to actually drop. I think the annualized number is
    down to 4 percent.
        Last job creation number, the report out of the Department
    of Labor a few weeks ago, new jobs, 340,000 new jobs in the
    last month and our unemployment rate for our Country is still
    holding down around 3.5 percent, which is a pretty darned good
    number. It is not perfect, there are still things we can do
    better. It is not bad, where I come from, that is not bad.
        Thank you, Senator Capito. We will now hear from our
    witness, Shailen Bhatt. Shailen pronounces his name Bhatt, but
    a lot of us in Delaware pronounce it Bhatt. He will answer to
    either one.
        He is the Administrator of the Federal Highway
    Administration and was sworn into his current role on January
    13th, 2023, after being unanimously confirmed by the Senate on
    December 8th of last year. As Administrator, Mr. Bhatt oversees
    an agency with more than 2,700 employees, which includes staff
    who work in all 50 States, U.S. territories as well, and the
    District of Columbia, to carry out Federal Highway programs.
        Welcome, Shailen. You may now proceed with your testimony.

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

        Mr. Bhatt. Thank you, Chairman Carper and Ranking Member
    Capito, and members of the committee. Thank you for the
    opportunity to appear before you today to discuss
    implementation of the Infrastructure Investment and Jobs Act,
    otherwise known as the Bipartisan Infrastructure Law, and the
    Inflation Reduction Act.
        These historic investments in our Nation's infrastructure
    add new opportunities to build a clean energy economy that
    creates good jobs and lowers costs for working families. When I
    appeared before this committee for my confirmation hearing, I
    noted that FHWA staff have been working tirelessly. I have hit
    the ground running since being confirmed. The dedication of
    FHWA staff in carrying out these laws and getting real results
    for the American public is inspiring.
        I have always said that a transportation agency exists for
    two reasons, to save lives and to make people's lives better.
    This past Monday, I joined members of the Pennsylvania
    congressional delegation as well as the Pennsylvania Department
    of Transportation secretary in touring the site of the partial
    collapse in Philadelphia that occurred on Interstate 95
    involving a truck fire which resulted in the tragic loss of
    life. The I-95 corridor is a vital connection for people and
    goods traveling along the east coast. FHWA has offered support
    and assistance to State and local officials to help them safely
    reopen this section of I-95 as quickly as possible. We are
    working diligently with our divisions in all surrounding States
    as well as with our sister agencies on emergency relief support
    and maximizing all best practices.
        Having led the Delaware Department of Transportation
    through the I-495 bridge emergency in 2014, I am critically
    aware of how important an artery I-95 is for the State, region
    and Nation. Every day of closure will affect people and freight
    on this vital corridor. We are laser focused on working with
    our partners to get the road open as quickly as possible.
        In addition to our commitment to safety, FHWA's work is
    guided by an initiative we refer to as DRIVEN for the 21st
    Century. There are six aspects of this initiative: delivery,
    resilience, innovation, values, equity, and our Nation. Each of
    the six aspects of the DRIVEN initiative guide our efforts to
    implement the many programs and funding opportunities
    authorized by the Bipartisan Infrastructure Law and the
    Inflation Reduction Act.
        Delivery is the first aspect of DRIVEN. Thanks to these
    acts, we have the funding necessary to make major improvements
    in our transportation system. FHWA has taken numerous actions
    that will support implementation of projects that improve
    safety and people's lives, including distributing more than
    $120 billion in highway formula funding to States and issuing
    notices of funding opportunity for approximately $4.6 billion
    in available funds.
        We are also administering nearly 900 awards totaling $7.5
    billion across nine discretionary programs. These are more than
    just numbers. These dollars mean projects that will improve
    both safety and people's lives.
        FHWA has a longstanding practice of engaging with our
    stakeholders and providing technical assistance. We have placed
    an even greater emphasis on these efforts since the passage of
    the legislation. FHWA is committed to supporting our
    stakeholders and the State, tribal and local levels. We have
    specific efforts in place to provide training and technical
    assistance.
        Resilience is an important part of building a modern
    transportation system, as it will help us keep our
    infrastructure strong and fulfill our most important duty:
    getting people where they need to go, and getting them there
    safely. FHWA has already made significant progress in carrying
    out many funding programs that are specifically targeted at
    addressing climate change, including distributing funding under
    the PROTECT formula program and carbon reduction program, and
    publishing a Notice of Funding Opportunity (NOFO) for the
    PROTECT discretionary grant program.
        Innovation is essential for the future of transportation
    infrastructure. It will help us tackle a broad range of issues,
    such as improving safety, increasing the resilience of our
    infrastructure, and finding new ways to combat the climate
    crisis. The current round of FHWA's Every Day Counts program
    supports innovation specifically aimed at climate change
    concerns, safety, and equity.
        While the tireless service of FHWA employees is evidenced
    by the quality of our transportation system, we are also
    responsible for the members of our agency. FHWA is committed to
    all of our core organizational values and caring for our staff.
    Equity is one of FHWA's primary values and drives every one of
    our programs, projects and initiatives. Not only do the
    Bipartisan Infrastructure Law and the Inflation Reduction Act
    include programs specifically intended to address equity
    issues, but the historic investment in our infrastructure will
    benefit those who find well-paid work rebuilding their
    communities.
        Every aspect of FHWA's work is driven by the people and the
    Nation that we serve. We must create a transportation system
    that delivers for our economy and all of our people, while
    getting individuals and goods safely to their destination, a
    transportation system that literally unites us as Americans.
    DRIVEN will allow us to build results for both the U.S.
    transportation system and Americans as a whole.
        Thank you again for the opportunity to appear before you
    today. I would be happy to answer any questions you may have.
        [The prepared statement of Mr. Bhatt follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Great. Thanks for that testimony.
        I am going to start our questions by asking you about the
    recent disaster that took place just north of us in
    Pennsylvania on I-95 near Philadelphia. I know from our
    conversations that you spent a fair amount of time there in the
    days since then.
        I understand the Governor Shapiro is making an announcement
    literally in real time as we are gathered here today and that
    you might be in a position to comment on what he is saying a
    little bit later in our hearing. I look forward to that.
        To start off, could you please talk with us this morning
    about the role that the Federal Highway Administration will
    play in coordinating with State and local agencies to respond
    to the bridge collapse and restore the movement of goods and
    people around the Philadelphia region while this bridge is
    being rebuilt?
        Mr. Bhatt. Thank you, Chairman Carper. As you and the
    Ranking Member mentioned, FHWA staff have been working
    tirelessly on BIL. I just want to highlight that. In addition
    to standing up this law, which has been a lot of effort, we
    also have to deal with the business of keeping the Federal
    highway system up and running.
        I want to highlight for the committee that on Sunday, when
    the calls started coming in, we had dozens of Federal Highway
    staff here in D.C. and Pennsylvania just on calls all day long
    and I just want to thank them for their efforts. I showed up in
    Philly on Sunday, met with PennDOT. Secretary Carroll has been
    doing an amazing job of marshaling the people there. They have
    all the experts they need.
        We are acutely aware of the impacts that this closure is
    having not just on the city of Philadelphia or the State of
    Pennsylvania but the region and the Nation. Secretary Buttigieg
    went to visit yesterday and got a briefing. The President has
    asked for daily briefings on this project.
        Every lever that we can pull is being pulled. We released
    ``quick release'' funds last night for $3 million for the State
    of Pennsylvania and the bulk of these costs will be covered by
    the ER program.'
        Senator Carper. All right, thank you. Just as a followup,
    are there any initial takeaways that we can learn from this
    disaster that might help prevent similar disasters in the
    future?
        Mr. Bhatt. Senator, I think you are keenly aware of this,
    and members of the committee, just how critical our
    transportation system is. I think sometimes we take it for
    granted that it just operates and then when something like this
    happens, it becomes very apparent why these investments are so
    important, why this infrastructure is so important.
        I would say, I think it will be important to wait for the
    NTSB investigation into the cause, and learn any lessons that
    we can. I feel, having been in a lot of those meetings over the
    weekend and into yesterday that truly, when you just have all
    of these engineers trying to solve a problem and you have all
    the experts in the room, there is just an amazing energy and
    unified focus. You would not be able to tell who were Democrats
    and who were Republicans in the room there. I think that is
    emblematic of infrastructure solutions.
        Senator Carper. That is great. Thank you.
        My second question, then I will yield to Senator Capito,
    deals with the VMT pilot, vehicle miles traveled pilot. For
    more than a decade, Federal fuel tax revenues have not kept up,
    as you know, with transportation investment needs. A dozen
    States have used Federal funds to study vehicle miles traveled
    fees. Those pilots are showing some success, as you know.
        The Bipartisan Infrastructure Law directs USDOT to create
    an advisory board on funding alternatives and to undertake a
    national study of vehicle miles traveled (VMT) fees. The goal
    of that work is to produce meaningful data that would provide
    timely input for the next reauthorization bill. Given that
    deadline it is essential that the work begin, and begin
    quickly.
        Unfortunately, neither the advisory board nor the national
    study have been established yet. My question is, what is the
    timeline for the Federal Highway Administration setting up the
    advisory board and getting the national study underway?
        Mr. Bhatt. Thank you, Senator. I am aware of your interest
    in this particular program dating back to when I was the
    Secretary in Delaware, and was part of the Mileage Based User
    Fee Alliance.
        Senator Carper. I am not a Johnny-come-lately on this
    issue.
        Mr. Bhatt. Yes and in Colorado, when I was Vice Chair of
    the Western Road Usage Charge Consortium. We are going to work
    expeditiously to get the advisory committee set up and will
    make sure that we get this important data for the committee as
    we look to reauthorize the program.
        Senator Carper. Great. Thank you. That is good to hear,
    music to my ears. Thanks so much. Senator Capito.
        Senator Capito. Thank you. In my opening statement I talked
    about the debate that we had over the Greenhouse Gas Emissions
    Performance measure and targets that we have rejected it here
    in the Congress, and you are pursuing a measure that would
    achieve this through rulemaking.
        What is your response to what I said in my opening
    statement? What authority do you have to be moving in this
    direction, do you believe you have?
        Mr. Bhatt. Thank you, Ranking Member Capito. Before I
    address that question, I would also like to echo your comments
    about Lauren. We will miss her grace and professional
    knowledge.
        My reaction to your comments is, I hear you, and I heard
    you during my confirmation hearing about your concerns about
    the GHG piece. From the authority perspective, obviously we
    have lawyers at Federal Highways who will examine that, lawyers
    at USDOT.
        I believe MAP-21 did provide authority to measure the
    performance of the transportation system. I think we are in an
    open rulemaking right now; we have received 40,000 comments
    from folks. Before we move forward in that rulemaking, we would
    want to understand all those public comments.
        Senator Capito. I probably need a little more clarity on
    what authority. We will follow back up with you on that.
        Let's go to the FMIS and Delphi discrepancy that is
    definitely in the weeds but very impactful for many States,
    including the smaller States. We had asked about this, how are
    you going to address this. The quote that came back was, ``Once
    the task force has completed its review, USDOT and FHWA will
    determine the type of adjustment required and the applicable
    authority.'' Seems like we need the authority before we can
    make the decision.
        Where are you on this issue and where is the task force
    work?
        Mr. Bhatt. Thank you, Senator, thank you, Ranking Member.
    Specifically on the FMIS-Delphi issue, as soon as I became
    aware of that, we have been in close contact with the States.
    We did establish a task force. I think they are diligently
    working through all of the potential impacts here.
        When you have an issue of a $3.5 billion discrepancy, we
    want to make sure that we have looked at every angle here. I am
    hopeful that we will be able to provide you a little bit more
    detail soon. My update here would be that we are working toward
    getting a resolution as quickly as we can.
        Senator Capito. Okay. Would that by the end of summer or
    end of the year?
        Mr. Bhatt. I would say as quickly as possible, definitely
    this year. Some of this involves other coordination, but we
    will continue to be in close contact.
        Senator Capito. Okay. It looks like I am over my time by 3
    minutes, but I do not feel like I have been that long.
        [Laughter.]
        Senator Capito. I am going to ask one more question.
        Mr. Bhatt. It feels long to me, but that is Okay.
        [Laughter.]
        Senator Capito.
        [Presiding.] Okay, that is pretty good. In January, NTSB
    Chair Homendy raised concerns about the safety impacts of
    electric vehicles on our roadways. Looking into this, the
    realization that these vehicles weigh a heck of a lot more than
    gasoline vehicles do. We reached out to FHWA to ask how you are
    planning to look at this from the future safety of our
    roadways. I am sure it is going to have impacts on not just the
    bridge safety, guardrails, and also impacts.
        Our response from them, from you, was that while FHWA does
    not currently have any research planned on how the weight and
    weight distribution of EVs may impact guardrails, bridge
    safety, and the longevity of the highway, safety is No. 1
    priority, we know that, safety is No. 1, why does the agency
    not have planned research in this area as we are being pushed
    in this area to move toward the EVs?
        Mr. Bhatt. Thank you, Ranking Member, for that question. I
    will double check where we are in terms of research. Size and
    weight is something that we take a look at, particularly with
    regard to bridges and the performance of guardrail is obviously
    something that we would want to understand the impacts.
        Just as a personal example, I have a minivan that has an
    electric battery. I would want to again verify, but I feel like
    it is in the same weight range. Particularly as freight some of
    these Class 8 haulers become electrified, that is something.
        I will be happy to come back for you and get you some
    specifics around our research.
        Senator Capito. Thank you. This issue was raised by our
    State DOT, that they are concerned about what kind of impacts
    this could have on highway safety. We will followup with that.
    Thank you.
        Senator Cardin. Administrator Bhatt, first off, welcome. It
    is nice to have you here. This past week, the Maryland Federal
    congressional Delegation had our annual meeting with Governor
    Moore. He was here with his cabinet, with Secretary Wiedefeld.
    They were very optimistic and very thankful for the support
    they have gotten from the Federal Government in the new
    programs.
        The Governor specifically mentioned the concerns of
    communities that have been adversely impacted from
    transportation programs in the use of our funds. In order to
    deal with that we had our Reconnecting Communities that is
    being implemented.
        He also indicated that as we build new transportation
    programs, we need to be more sensitive to community needs. Part
    of the Infrastructure Bill was a significant increase in the
    Transportation Alternative Program, 10 percent of the formula
    funding. Can you share with us how you are administering that
    program to make sure the intent of Congress to help communities
    deal with transportation challenges under the Transportation
    Alternative Program is being implemented?
        Mr. Bhatt. Thank you, Senator Cardin. We have heard from
    communities across the Nation, including in Maryland, how
    excited they are about the opportunity to transform their
    communities. I will give you one very specific example. When it
    comes to Complete Streets, which are an important part of
    active transportation and transportation alternatives, as an
    example, we have waived the local match on planning
    requirements around Complete Streets for communities who want
    to be able to access these funds but may not have the local
    match or the planning expertise in-house. That is one example.
        I think Transportation Alternatives is a very important
    program, one that I have deployed in Delaware and Colorado and
    am happy to provide further details to your office.
        Senator Cardin. Thank you. One of the areas we are looking
    at is how we can deal with traffic safety, including the use of
    Transportation Alternative Program funding. I have introduced
    legislation, working legislation, that would honor Sarah
    Langencamp, who was a distinguished Foreign Service officer and
    a constituent who was killed while riding her bike in Bethesda.
    The legislation is being authored to allow a more liberal use
    of our funds for highway and traffic safety, including the TAP
    program.
        We see the increased numbers of safety episodes, injuries
    and deaths on our highways. Tell me the urgency of your efforts
    to deal with traffic safety?
        Mr. Bhatt. Sir, I remember when I became the Director of
    the Colorado DOT, we had 484 fatalities. When I left 3 years
    later, we were over 714, a 10 percent increase year over year,
    the vast majority among vulnerable road users. For me as the
    steward of the Federal Highway Administration and our role
    there, I take every one of those fatalities incredibly
    seriously.
        We want to make sure that safety is out there and available
    for people who want to take alternatives like biking, like
    walking. It is an imperative for me as the Federal Highway
    Administrator.
        Senator Cardin. One of the challenges we have in multi-
    modalism, which is a way in which we can really improve safety
    as well as convenience and more efficient highway and
    transportation system, is to encourage more multi-modalism. We
    have that in our State. The challenges I that we have stovepipe
    funding in many cases, so it is hard to coordinate a multi-
    modal forum.
        Tell me the efforts you are making in order to encourage
    that type of transportation cooperation which is in the best
    interest of our communities.
        Mr. Bhatt. Senator, thank you for that question. I think
    this is a primary focus for Secretary Buttigieg at USDOT,
    bringing an all-of-DOT approach. We want to make sure that as
    communities are reaching out, whether it is Federal Highway
    funds or FTA funds or rail funds, as an example with
    Reconnecting Communities, that we are looking at it through a
    multi-modal lens so that the solutions that come out are the
    best ones for those communities and not a federally prescribed
    approach.
        Senator Cardin.
        [Presiding.] Thank you. Senator Cramer.
        Senator Cramer. Thank you, Senator Cardin, and thank you,
    Senator Capito, for this very good and important hearing.
        Mr. Administrator, thanks for being here. I am going to
    drill down a little more, I am going to go back to Senator
    Capito's concerns about the proposed rule. Not only the lack of
    authority, I believe there is a lack of authority even to do
    it, but also in the practicality of it.
        First, on the authority side before I get to why it is not
    going to work in North Dakota or other places that are not
    going to require commuter buses or subways. In the Inflation
    Reduction Act, it dedicated $27 billion for a Green Bank,
    something that the EPA withdrew almost immediately after
    getting the authority to do it. They created instead this sort
    of group slush fund for grants.
        Now, there is nothing new in the law that expressly
    prohibits such a thing, and this has been the tradition of
    decades of administrations, Republican and Democrat alike, to
    take the absence of a prohibition in a law that authorizes
    certain things as a license to do whatever is not prohibited.
        I want to speak to two really big recent Supreme Court
    cases that are using the major questions doctrine, stating
    emphatically that agencies do not have authority that is not
    given them in law. That, of course, the first one being West
    Virginia v. EPA, and the other one being the WOTUS Rule. Now
    they are going to take up maybe a Chevron issue. We will see
    how that turns out. I think it is becoming increasingly clear
    that the bureaucracy is not a fourth branch of government, or
    policymakers.
        First of all, what is your sense of the actual authority to
    do these things? Second, again I want to stress that it is
    impractical in places, rural places, especially, we just are
    not going to build subways in North Dakota to get people to
    their farm. I would hope, if this is going to proceed, I would
    rather have you withdraw, like you wisely did with the previous
    memorandum, but short of that, I hope there is consideration
    for the uniqueness or the different qualities of different
    places across our very diverse Country.
        Mr. Bhatt. Senator, I thank you for that question and
    statement. I would frame this, you had a two-part piece there.
    On the legal authority, I am not a lawyer, but I start
    virtually all my meetings within Federal Highways as, we will
    follow the law. We have lawyers on staff. I take that very
    seriously.
        I do not want to opine as a lawyer. I will follow the
    direction that our lawyers give us on following the law very
    clearly.
        I hear you on the impacts particularly for rural States and
    others around this piece, not likely to build a subway around
    Devil's Lake. I would simply say here on this piece that this
    Bipartisan Infrastructure Law did have a climate change title
    in it. From a performance management perspective, when I was in
    Delaware, it was hard to get folks to talk about performance
    management, bridge conditions, pavement conditions.
        I think what we are trying to look at here is not sort of
    penalizing States for their greenhouse gas emissions, but just
    get them to begin tracking greenhouse gas emissions. If 30
    percent of our GHG is coming from the transportation sector,
    this is the piece of it. Maybe it is not a subway, but maybe it
    is alternative fuels, other things, electric vehicles, other
    ways to drive that down.
        I know it has become a very political hot button issue
    here, but as with most of my efforts, I try to focus on the,
    here is what we are trying to get to, and we will follow the
    law, but not to be punitive but more from a tracking
    perspective.
        Senator Cramer. I appreciate that, but I also, on this
    particular topic, for example, while here is a title that
    relates to the basic issue, we discussed this specific issue
    and decided not to do it. In other words, there is not a lot of
    ambiguity about the intent of the Congress in this legislation.
        Again, your lawyers will duke that out or they will find
    some way around it eventually. Short of the Supreme Court
    weighing in specifically on a lawsuit down the road, this is so
    far not a rule, so we do not want to get too far ahead of
    ourselves.
        I think we have to consider that if we are going to be this
    sort of general with our authorities at the administrative
    level, the next administration might be of a different
    persuasion and take that slush fund at the EPA and say, hey,
    let's build a wall with solar panels at the southern border. It
    seems extreme, and it probably is. There is a lot of less
    extreme examples that I could probably come up with that I
    think Democrats would find objectionable for good reason.
        With that, I appreciate your hanging in there with the law.
    I always dismiss the lawyers after I get their advice before I
    make big decisions. Thank you.
        Senator Capito.
        [Presiding.] Senator Whitehouse?
        Senator Whitehouse. Thank you very much. Thank you, Mr.
    Bhatt, for being here.
        I would offer a different view than my distinguished
    Republican friends. I think that if Congress specifically
    authorizes you to do something, then that is good and you have
    a clear direction from Congress. If Congress fails to
    specifically authorize you to do something, then what you
    referred to as your innate executive authorities, and if
    Congress wishes, it could forbid you to pursue those inherent
    executive administrative authorities which they have done with
    things like Republican-driven efforts to prevent the IRS from
    policing political dark money.
        There are examples of doing that. I do not think it is
    correct to say that when Congress considers a specific
    authorization and then does not pass it, that failure is a
    lawful restriction on your ability to do what you need to do
    using your innate administrative powers.
        As a State which has a coastline, which we believe is going
    to intrude quite far on our current seaside and bayside
    boundaries, predictably in the years ahead, we are looking at
    very significant changes to the actual map of Rhode Island.
    Dealing with climate change responsibly is a deadly serious
    matter for my State. I would strongly encourage you to pursue
    your greenhouse gas performance measures to the full extent of
    your executive authorities. It matters to States like mine that
    you get this right.
        Whatever pressure there is to the contrary, please remember
    those of us who are highly vulnerable to the effects of climate
    change, to the ocean acidification, the ocean warming, to the
    sea level rise, to the coastal erosion, to the air quality
    effects, all of that. I offer that as a contrary view to what
    Congress intended by not specifically authorizing you.
        The Bridge Investment Program, is that going to get another
    round of funding? Are you going to have another round of
    applications?
        Mr. Bhatt. Thank you, Senator. Yes, bridge investment,
    there will be another round that comes out, I believe, this
    summer.
        Senator Whitehouse. What is the timing for that more
    specifically, if you know?
        Mr. Bhatt. More specifically, other than this summer?
        Senator Whitehouse. Yes. Do you have a date or a month?
        Mr. Bhatt. July or August.
        Senator Whitehouse. Some time in July or August?
        Mr. Bhatt. Yes.
        Senator Whitehouse. Okay, so you will be accepting
    applications during that period for that second round?
        Mr. Bhatt. Yes, sir.
        Senator Whitehouse. Okay, good to know. Thank you for that.
        I think that is all I have. Let me recognize Cory Baba from
    Newport, who is with us. Good to have a Rhode Islander in the
    house. I look forward to working with you, to support you in
    every way possible on the emissions dangers and having proper
    information in order to assess and address those dangers
    appropriately. There are many, many, many Americans who are
    counting on you to make the right decision, not the one that
    the fossil fuel industry wants. Thank you.
        Senator Capito. Senator Merkley. We are waiting for Senator
    Ricketts, but we will go with Senator Merkley. There is so much
    going on, so we are going to have a lot of in and out here.
        Senator Merkley. Thank you very much. I appreciate your
    testimony and your work.
        A couple of questions. I want to start with the issue that
    has been brought up in my State. Oregon is in the Cascadia
    subduction zone. There is a lot of preparation for essential
    infrastructure to survive the big one, if you will. We have
    been told by the Department of Transportation that they do not
    consider the need for seismic resiliency as relevant to a
    number of their grant pool applications.
        That certainly is a concern. We are working to rebuild one
    of our bridges to make sure that there is at least one bridge
    that survives.
        Can you speak a little bit to why seismic resiliency is not
    considered a factor for you all in a number of these grant
    programs?
        Mr. Bhatt. Thank you, Senator, and am always made aware
    when I travel to the west coast and in these seismic zones the
    difference in bridge piers, and the size of those piers as
    compared to non-seismic activity.
        I would want to double check on that. I know that the
    Golden Gate large bridge investment that was made for $400
    million was a seismic retrofit for the Golden Gate Bridge. That
    was a critical piece of that funding. I would want to double
    check where we stood on that.
        Senator Merkley. Okay. I would love to followup with you in
    regard to the specific project and the concern that is relevant
    to the multi-modal project discretionary grants, the bridge
    investment program, and the RAISE grant program. A bridge may
    be functional now, but if we do not have any bridges that
    survive a quake, then addressing the emergency at that time is
    a real challenge, and thus trying to responsibly reinforce key
    infrastructure.
        I want to turn next to a project that really began with
    Lamar Alexander of Tennessee, who served here previously. They
    developed a program in his home State where along the highways
    they did pollinator plots and had different clubs maintaining
    different pollinator plots. Our highways create an enormous
    opportunity to address the pollinator Armageddon. We have lost
    massive numbers of butterflies and bees along our highways.
        One of the species that catches the public attention is the
    Western Monarch. The Western Monarch went from a high of about
    10 million 40 years ago down to as low as 2,000 butterflies two
    winters ago. It has had a couple good years, then we had the
    huge storms over the winter in Southern California back this
    late winter, early spring this year. Another huge hit.
        That pollinator butterfly travels four generations to go
    north, one generation to go back south to California. Nobody
    sees Monarchs in Oregon anymore. They think they see them, and
    they are actually seeing the yellowtail butterfly. It is not
    orange, but it is yellow, so hey, close enough, maybe I saw a
    Monarch.
        [Laughter.]
        Senator Merkley. The bigger issue is that we could really
    have clubs sponsor plots of land along our north-south
    corridors, just as Tennessee did along their highways. We got
    this bill, the Pollinator-Friendly Practices on Roadsides and
    Highways Act into the Bipartisan Infrastructure Law. You all
    have not stood it up yet.
        It is really an opportunity for folks to directly
    participate in establishing plots along these major corridors
    that would assist with all kinds of species. I mentioned the
    Monarchs, and people think milkweed. Yes, milkweed is essential
    for the female butterflies to lay their eggs, but the adult
    butterflies need the pollinator flowers, just like other
    pollinators do. It would help whole lot.
        Are you familiar with this program? Can you tell me how the
    stand-up is going?
        Mr. Bhatt. Thank you, Senator. I remember when I was the
    Secretary in Delaware, we had a bee truck overturn on I-95.
    Millions of bees, and just trying to make sure that we were
    able to get that to a successful ending, because of the
    importance of pollinators.
        I would want to double check and come back to you exactly
    where we are in standing up that program. I hear you on the
    importance of ensuring that from an agriculture perspective and
    just from our national environment, those pollinators are
    critical.
        Senator Merkley. You can imagine hundreds of clubs saying,
    just like they adopt a mile of highway now to keep it clean,
    saying yes, we want to go seed pollinator nectar-producing
    flowers and milkweed and contribute to a major opportunity to
    use the sides of our highways that are otherwise just not
    contributing much, but there is a perfect possible connection.
        Finally, I want to encourage the work to roll out the EV
    charging stations. I think the model for this program is that
    it has to be as easy to charge up as it is to fuel up. If you
    have driven an electric vehicle any distance, you are probably
    aware that is often not the case because of the great
    complexity of the different charging technologies that are out
    there by different companies. I really pushed the Department of
    Transportation to have a national standard, so it is as simple
    to charge up as it is to fuel up.
        How do you see that program going?
        Mr. Bhatt. Thank you, Senator. Obviously, the President has
    set a goal of 500,000 chargers. I agree with you, if we are
    going to be successful with the EV rollout for the American
    public that they do need to be able to charge as easily as they
    are able to fill up.
        I think I would give the committee credit for the
    investments that are being made through the Bipartisan
    Infrastructure Law. We are actually seeing the market moving
    now with the big announcement between Tesla, Ford, GM, and lots
    of other companies now looking to move that standard. I think
    that is a very positive outcome and hopefully one where we will
    continue to see consolidation.
        Senator Merkley. Thank you very much. Thanks, Mr. Chairman.
        Senator Carper.
        [Presiding.] Before I turn to Senator Ricketts, I apologize
    for being out of the room. We have hearings going on in other
    committees. In the Homeland Security Committee on which I serve
    they are actually business and votes. They need to drag me in
    there every now and then. I apologize for leaving.
        While I was out of the room there was some discussion, and
    I just want to make a comment if I can. In my absence, I would
    have said something else if I had been here.
        There was a fair amount of discussion on the greenhouse gas
    performance measure and the fact that the Bipartisan
    Infrastructure Law did not amend the performance measure
    section of the law in order to require a greenhouse gas
    measure. I would note that my own recollection is that our
    committee actually did consider a provision that would require
    a stringent greenhouse gas performance measure while also
    exempting half the States in the Nation from that measure.
        We declined to include that language in favor of retaining
    the existing authority to set performance measures for
    environmental sustainability which include greenhouse gas
    emissions. That authority was created by Moving Ahead for
    Progress in the 21st Century Act (MAP-21) in 2012. I am glad
    that the Federal Highway Administration is still using that
    authority. Thank you.
        All right, let me yield now to Senator Ricketts for his
    questions. Go ahead, Senator Ricketts. Thanks for joining us.
        Senator Ricketts. Thank you, Chairman Carper, Ranking
    Member Capito.
        Senator Carper. Thank you for being such a faithful
    attendee.
        Senator Ricketts. No problem. My pleasure. I told you I
    love this committee.
        Senator Carper. We do, too.
        [Laughter.]
        Senator Ricketts. My first question, Administrator Bhatt,
    first of all, I do want to thank your team for the relationship
    with the Nebraska Department of Transportation. Prior to me, I
    was Governor, got sworn in in 2015, and prior to that, I think
    it was a pretty poor relationship between our Department of
    Transportation and the Federal Highway Administration.
        Your team has really helped repair that, and I know that my
    first director, Kyle Schneweis, through John Selmer, now Vicki
    Kramer, appreciate the working relationship. Thank you very
    much for continuing to buildupon that relationship. It is very
    important that we continue to work very closely between the
    Federal Highway Administration and the State departments of
    transportation. I really appreciate that.
        I also reiterate what Senator Capito said about making sure
    that our agencies take legislation that we pass and faithfully
    execute that legislation in the way that Congress intended it
    to be implemented.
        With that, I would like to jump into the Infrastructure and
    Jobs Act and talk a little bit about the August redistribution.
    I believe for Fiscal Year 2022 the August redistribution jumped
    up to $6.2 billion. I think with the Infrastructure Investment
    and Jobs Act we can expect to see that August redistribution
    continue to climb.
        However, as you know, there is a very limited amount of
    time then with which departments of transportation,
    specifically the Nebraska Department of Transportation in my
    case, can take that, get that money back and redeploy it
    efficiently and effectively. As that number becomes larger,
    that is going to become an increasing challenge. We want to
    make sure obviously those dollars are spent effectively.
        What do you see with regard to that August redistribution?
    How can we make that process one where State departments of
    transportation will be able to have access to that money and be
    able to use it in a way that it is not going to be inefficient?
        Mr. Bhatt. Thank you, Senator, and yes, your first director
    that worked for you had a much more challenging last name than
    mine to pronounce.
        [Laughter.]
        Senator Ricketts. And spell, too.
        Mr. Bhatt. Kyle is a great friend and grateful that we are
    rebuilding that relationship in Nebraska.
        You raised a very important issue, Senator, the August
    redistribution. In addition to the FMIS Delphi issue, when I
    came in in January, one of the first things we did was sit down
    with AASHTO at the TRB meeting in January to say, listen, we
    were at $6.2 billion last year, we are going to be higher. We
    generally notify States in July of the impending August
    redistribution numbers. We have been in close contact with the
    States since basically March saying, this is coming, please get
    ready, what can we do to help you, what flexibilities can we
    get through?
        Our goal is, and I know the AASHTO goal and even within
    communities within those States is to make sure that all that
    ObLim does get used. That is one of our very primary focuses
    the next few weeks.
        Senator Ricketts. Are there additional flexibilities or
    specific flexibilities that you have in mind to be able to give
    State DOTs so that they can again employ these dollars?
    Essentially, does it get bigger, in a more effective way?
        Mr. Bhatt. Senator, thank you for that. Yes, what I say,
    and this is always very important for me, I say we have to
    follow the law, let us follow the law, absolutely follow the
    law, but for each of our division administrators, when you are
    working with all of those States, whether it is West Virginia,
    Delaware, Nebraska, if the State has a creative idea that says,
    hey, we might be able to apply some of this ObLim on a project
    here, and they have contract authority, we want to work. Then
    going forward, I think this is something that because of the
    size of the Bipartisan Infrastructure Law if the August
    redistribution is going to be at this level, it might be
    something we might want to look at for a legislative fix going
    forward.
        Senator Ricketts. Okay, fair enough, thank you.
        Also in relation to the IIJA, you have these discretionary
    grants. One of the things I am hearing from folks in my home
    State is about the process, especially if you think about some
    of the smaller localities that may not be able to apply for
    some of these grants, the challenge of getting through the
    application process, what sort of resources do you have or do
    you think you can do for some of these localities to make it
    easier specifically navigating like the BIL launchpad for
    example. I have heard of some challenges with that. Again,
    especially for smaller communities.
        What can you do to provide extra resources or make the
    process easier for those communities to be able to apply for
    these discretionary grants?
        Mr. Bhatt. Thank you, Senator. You know, I think what we
    want to make sure is that for all of these communities, whether
    they are large State DOTs or cities or smaller communities, we
    want to get them an award and then also get them across the
    finish line with a successful project. We have LTAB, Local
    Technical Assistance Program, Tribal Technical Assistance
    Program. We have set up websites. The Secretary's office is
    very engaged.
        If there are specific communities you would like us to
    reach out to, we would be happy to do that.
        Senator Ricketts. Great. Thank you very much. I appreciate
    that offer.
        With that, Mr. Chairman, I will turn the time back over to
    you.
        Senator Carper. Thanks so much.
        Senator Markey has arrived. Senator Markey, you are
    recognized.
        Senator Markey. Thank you so much, Mr. Chairman.
        Ambassador Bhatt, it is good to see you again. I want to
    come back to our favorite subject, the Cape Cod bridges, and
    the need to ensure that now that they are 9 months older than
    the last time you testified, that they are in even more
    desperate need of replacement. If a severe storm were to strike
    Cape Code, I am extremely worried that the bridges will become
    a bottleneck for residents and visitors seeking to evacuate,
    creating a very severe safety risk.
        Can you reaffirm your commitment to working with me to
    replace the Cape Cod bridges?
        Mr. Bhatt. Thank you, Senator. Just as in my confirmation
    hearing, now I know them as the Bourne and Sagamore bridges,
    not just the Cape Cod bridges. After Brent Spence, these are
    probably the bridge projects that I have heard quite a bit
    about, and absolutely, this is a priority focus for our
    Administration. I am happy to continue to work with you on it.
        Senator Markey. It is just so important. It is the only Way
    off Cape Cod. When that storm comes, and it is coming,
    evacuation will be catastrophic for those bridges out there.
        The highways and roads of the past splintered and displaced
    communities. As we drive into our clean energy future, we ca
    not greenlight more inequality. We have to put those injustices
    in the rearview mirror. In cities like Philadelphia, Chicago,
    and New York, the majority white census tracks are more likely
    to have electric vehicle charging stations.
        We are reckoning with that in Massachusetts and Boston.
    Most EV charging infrastructure is located in the seaport,
    Fenway, Beacon Hill, but neighborhoods like Roxbury,
    Dorchester, and Charlestown have limited to no options. That is
    why last Congress I introduced the Community Vehicle Charging
    Act, which would invest in EV charging infrastructure in
    environmental justice communities. Intentional and equitable
    deployment of electric vehicle charging must be a priority in
    the Bipartisan Infrastructure Law implementation. One way that
    Boston is increasing access is by deploying chargers in city-
    owned parking lots in low-income and Black and Brown
    communities.
        Administrator Bhatt, how does the charging and fueling
    infrastructure discretionary community charging program help
    cities and States to tackle this conundrum, making sure that
    the charging stations are in those inner-city communities?
        Mr. Bhatt. Thank you, Senator Markey. The significant
    investments in electric vehicles that this committee put
    forward in the Bipartisan Infrastructure Law, we are working
    with States on their (National Electric Vehicle Infrastructure)
    NEVI programs and ensuring that they are adhering to the
    standards that we have put in place.
        Charging and Fueling Infrastructure (CFI) actually just
    closed the discretionary grant program on June 13th. We are
    anticipating opening all of those applications. That is a
    critical lens for us to make sure that we not only have the
    interstates covered, but also all of our communities, and the
    very communities that you mentioned in your comments.
        Senator Markey. Great. Thank you so much. It is very, very
    important.
        Do you think mobile charging has a role to play in the
    charging and fuel infrastructure program as well, particularly
    to provide resilience to charging systems in case of emergency?
        Mr. Bhatt. Thank you, Senator. Yes, I think that this is a
    very exciting time in this nascent industry. It is one that I
    think the President is very clear he wants America to lead in.
    We are going to look at an all-of-the-above approach to make
    sure this transition is successful.
        Senator Markey. Yes, and technical assistance is going to
    be very important for front-line communities to be able to
    apply for the Bipartisan Infrastructure Bill programs and for
    the Inflation Reduction Act programs. Is the Federal Highway
    Administration supporting communities so that they can make the
    most of these funding opportunities in front-line communities?
        Mr. Bhatt. Thank you, Senator. Yes. I think what is both a
    blessing and a new burden is the fact that while we have
    traditionally worked with State DOTs to administer this
    program, there are many, many direct recipients. Again, as I
    said before, we want to make them successful in getting an
    award and also cutting a ribbon on that project.
        Senator Markey. Thank you. Finally, I was proud to secure
    $45 million in the 2023 Omnibus for my Active Transportation
    Infrastructure Investment program, which promotes walking and
    biking infrastructure and supports active transportation
    networks that allow people to safely travel without a car, and
    those active transportation networks reduce transportation
    emissions, increase mobility. Now that the program is
    officially funded, the Federal Highway Administration needs to
    deploy those funds as quickly as possible.
        Can you commit to swiftly implementing my Active
    Transportation Infrastructure Investment program?
        Mr. Bhatt. Yes, Senator. I think everyone within Federal
    Highways knows that I am a huge supporter of active
    transportation.
        Senator Markey. Thank you. Senator Sullivan and I, we
    partnered on that. It is just amazing how much Alaska and
    Greater Boston have in common.
        [Laughter.]
        Senator Markey. In that partnership we can just see a
    future that works for everyone. Thank you.
        Senator Carper. You see, Shailen, Markey and Sullivan,
    Massachusetts and Alaska, it is a marriage made in heaven.
        [Laughter.]
        Senator Carper. Senator Sullivan, you are on.
        Senator Sullivan. Mr. Chairman, I am over here kind of
    cracking up, because Senator Markey was mentioning his bill. I
    was just going to say it is really our bill. He is the lead,
    but I think I was your lead Republican cosponsor on that.
        Senator Markey. I saved that, I thought I did a good job of
    digging out of the hole I was in. No?
        [Laughter.]
        Senator Sullivan. Thank you. Administrator, you are seeing
    some very important bipartisanship here. I do want you to spend
    all that $45 million from our bill, particularly there is a
    project outside of Anchorage called Moose Loop. If you can take
    a hard look at Moose Loop, this has a great potential. It is
    right up the alley of what Senator Markey was talking about.
        That is my first issue I wanted to raise with you. Have you
    heard of Moose Loop yet?
        Mr. Bhatt. I have now, sir.
        Senator Sullivan. Okay, now you have.
        Senator Markey. In the Boston public guidance, we have
    ``make way for the ducklings.'' Not moose, but----
        [Laughter.]
        Senator Sullivan. It is the same concept. These may be a
    little bit bigger animals.
        Thank you, Senator Markey. In all seriousness, it was great
    legislation. I was very honored to cosponsor it. I think it is
    going to benefit a lot of people across the Country. We will
    send you information on Moose Loop.
        Let me get back to another issue that relates to Alaska,
    Administrator. We still have to get you up there, right?
        Mr. Bhatt. It is on my list, probably more summer than
    winter, but we will do Moose Loop together.
        Senator Sullivan. We can do that, for sure. That is a good
    idea.
        I want to talk about another part of the Infrastructure
    Bill, I did vote for the Infrastructure Bill, which is the
    PROTECT program. That is about resiliency. Alaska has more
    coastline than the rest of the lower 48 States combined. When
    you talk about resiliency for coastal America, we are over 50
    percent of it for the whole Country.
        You might remember, it did not make a lot of press back
    here, but last fall, the west coast of Alaska was hit by a
    typhoon, Typhoon Merbok, a very big storm that did a lot of
    damage. Our State DOT has been working with FEMA and your
    agency on faster ways to complete the repairs to the damaged
    infrastructure that took place after this typhoon.
        I am wondering, what are you doing to implement the PROTECT
    program particularly in the coastal communities in America, but
    in my State, given like I said that we constitute over 50
    percent of all the coastline in America?
        Mr. Bhatt. Thank you, Senator Sullivan. I think whether it
    is a typhoon hitting Alaska or flooding in Kentucky and West
    Virginia, there is just no shortage of weather events that are
    testing the resiliency of our system. I remember being in
    Juneau a couple of years ago for the WASHTO events and hearing
    about some of the impacts of sea level rise and climate change
    there.
        I was just recently at the Western Association of State
    Highway and Transportation Official (WASHTO) event and met with
    the Alaska director of DOT, talking about the very unique
    coastal aspects and needs.
        Senator Sullivan. Good.
        Mr. Bhatt. Specifically, with PROTECT, we have distributed
    the funds to the States through the formula program and have
    also launched the discretionary programs. I am happy to visit
    with you if there are any discretionary opportunities. I share
    your concern and the importance for that program.
        Senator Sullivan. Okay, good. Let me mention another topic
    that I know you and I have talked a lot about. Senator Capito
    has been leading the charge on it here in the Senate. That of
    course is the ever-endless goal of so many of us, including a
    lot of my Democratic colleagues on permitting reform. We have a
    system that is just dysfunctional, that it takes forever to get
    projects, whether roads or ports or bridges or mines, or energy
    projects off the ground. It hurts the Country, hurts workers
    and it is self-inflicted.
        The Infrastructure Bill has some decent permitting reforms
    we negotiated here actually in this committee. Not enough in my
    view. Then so did the debt ceiling agreement. I have two parts
    to my question.
        One is, what are you doing to implement those? Very
    bipartisan, we want to keep them going. Certain groups in
    America do not like it, but they are definitely in the
    minority.
        Second, with regard to permitting, one of the most
    egregious things that I have seen that really, really kind of
    is starting to put us in the world of Venezuela and banana
    republics is, and I have seen it a lot in this Administration,
    particularly as it relates to Alaska, we had a number of
    projects that went through final EISs six, 7 years, millions of
    dollars. Got record of decisions from the previous
    administration, professional, Federal employees doing that.
        This Administration, the Biden Administration, has come
    back and is looking at all these records of decision on
    infrastructure, on roads, in Alaska saying, you know, you did
    not consult enough. We are going to reverse that. Literally
    opening up records of decisions that are 4 years old. I mean,
    this is just nuts.
        Any views on both of these issues relating to permitting in
    general? Then reopening records of decision that are 4 years
    old. I mean, that is not the rule of law. It is not America,
    but the Biden Administration is doing a lot to my State, and it
    is outrageous.
        Mr. Bhatt. Thank you, Senator, for the question. I would
    say on the first part, having been a State DOT secretary in two
    States, I have anxiously awaited a record of decision or a
    finding of no significant impacts. As a project delivery
    person, coming from the private sector, before I took this job,
    I am always resolutely focused on the critical path, how can we
    deliver these projects on time and on budget.
        From a Federal Highways perspective, recognizing that we
    are not a permitting agency, we are the ones who are actually
    going to our sister agencies who do issue the permits. However,
    we do have great relationships with Army Corps, Fish and
    Wildlife. I think we are trying to leverage those relationships
    to try to get the important reforms put in place.
        In terms of opening records of decision, I would love to
    visit with you offline about that. As I say, we want to follow
    the law, and that is my commitment, that we will do that.
        Senator Sullivan. Thank you. Thank you, Mr. Chairman.
        Senator Carper. Thank you, Senator Sullivan.
        Senator Fetterman, you are next. You are recognized, please
    proceed. Welcome. Thanks for coming.
        Senator Fetterman. Thank you, Mr. Chairman.
        Senator Carper. We had earlier today some comments about
    the tragic accident on I-95. If you want to make any comments
    with respect to that, feel free. You are recognized.
        Senator Fetterman. The I-95, obviously you are pretty much
    preoccupied with I-95. I certainly am too. We know it is a
    major artery, not just for Pennsylvania, but for the east
    coast. A lot of Pennsylvanians are worried that delays in
    repairs will bring it to a standstill.
        I am glad to see last night you were so quick to get $3
    million to the emergency relief, the funds got out so quickly.
    Just personally, it seemed $3 million was not enough. It seems
    like it is going to be a lot more expensive than that. I get
    the sense, President Biden, I was standing next to a collapsed
    bridge in western Pennsylvania, and things moved on very
    quickly and got it down. I am confident that the same is going
    to happen in east Pennsylvania as well.
        Right now, you have an incredible asset in Southeastern
    Pennsylvania Transportation Authority (SEPTA), that is the
    regional rail and subway lines that I think could be a game
    changer. SEPTA still needs support to expand temporary capacity
    to ease congestion on the roads.
        My question to you, Administrator, could you provide
    emergency relief on other funds, so that your agency could help
    SEPTA's temporary operating costs to make transit a viable
    alternative for local travel? Will you commit to working with
    the Secretary to get the SEPTA support in the next few weeks?
        Mr. Bhatt. Thank you, Senator. I know how important this
    project is. Chairman Carper had reached out to me on Sunday,
    and I know had connected us. I know you are very engaged on
    this.
        Specifically to the $3 million on the quick release, all of
    the costs of this will be borne through the emergency relief
    program. The $3 million is sort of a down payment. It is about
    a 10 percent estimate of what they think they are going to
    need. If that number goes up, we will provide more funding.
    That was the reason for the $3 million.
        Specifically on SEPTA, I was with Leslie Richards, who is
    the general manager of SEPTA, yesterday. Secretary Buttigieg
    was briefed on that. We again, back to this concept of
    following the law, Federal Highway ER funds specifically relate
    to added capacity on SEPTA. We are working to stand that up.
    Secretary Buttigieg has also asked us to look at what FTA
    provisions they may have. SEPTA is a critical link here for
    that corridor.
        Senator Fetterman. Yes. While I am here, I also want to
    talk about the Federal Government's dragging its feet in
    implementing expert advice and making streets safer as well. I
    reached out twice to express my concerns about the actions your
    agency should be taking to make streets safe, and frustration
    at the delays I have been witnessing with some key guidelines.
        When can we expect that these actions will be finalized and
    will you commit to working with my office to address the
    concerns that I have raised?
        Mr. Bhatt. Thank you, Senator. I think Secretary Buttigieg
    is very clear that safety is our No. 1 priority. As part of the
    National Roadway Safety Strategy, safe streets, safe design,
    safer speeds, these are all things that we talk about
    incessantly within Federal Highways. I can followup with your
    staff around any concerns you may have raised, so that we can
    more quickly deploy safety in our system.
        Senator Fetterman. Thank you. I look forward to your
    response to my other question. Thank you very much,
    Administrator.
        Mr. Bhatt. Thank you, sir.
        Senator Fetterman. I cede my balance to the chair.
        Senator Carper. The chair is happy to have it.
        We will turn to the issue of I-95 a little bit later in the
    hearing. Thank you, Senator Fetterman.
        Senator Lummis, you are next. Following you is Senator
    Kelly.
        Senator Lummis. Thank you, Mr. Chairman.
        First of all, truck parking. I have a bill with Senator
    Kelly called the Truck Parking Safety Improvement Act, where we
    are going to authorize some additional funding to your agency
    to address the backlog. As we continue to debate that bill, I
    am interested to hear what work you are doing now on this
    issue.
        Mr. Bhatt. Thank you, Senator Lummis. I remember when I was
    Colorado DOT director, we would get the closure notices for I-
    80 often. We would start reaching out to our commercial vehicle
    partners to let them know they did not need to come up, we
    tried to stop them before they got up and got stacked up too
    much. This is a critical issue for us.
        I would say this is an eligibility that we have extended
    through our formula funds. There are even discretionary grants
    that have been awarded that involve truck parking. I know this
    is something that myself and Secretary Buttigieg are supportive
    of.
        Senator Lummis. Thank you. We just had an absolutely
    outrageous winter in Wyoming this year. Road closures were
    extremely common. I think they are bound to continue to be, so
    you know the challenges of that high plains environment.
        I want to switch to the Inflation Reduction Act a little
    bit, a few questions about that. Last year, I had major
    concerns regarding the program that the IRA created called the
    Neighborhood Access and Equity Grant program. My concerns there
    are I do not want it just to be a way to funnel taxpayer
    dollars to urban areas and neglect rural areas.
        Can you give me some assurance that that is not happening?
    Or do you have some information about how that money is going
    out? How is it being awarded?
        Mr. Bhatt. Thank you, Senator Lummis. Obviously for any of
    the discretionary programs, we will issue a notice of funding
    opportunity that has great detail and prescribes how we award
    the funding. I am quite certain we have examples of rural
    communities that have received funds. I would be happy to
    followup with you directly after the hearing.
        Senator Lummis. Super. I will look forward to that.
        I want to touch on some issues that were also discussed by
    Senator Sullivan. The environmental review system is
    effectively broken. It really affects highway dollars, because
    of the massive increase in inflation in the construction
    industry. It exceeds inflation in other areas of our economy.
    Delays in construction are hugely costly.
        I have introduced a bill, it is called the Interactive
    Federal Review Act. It is to test interactive cloud-based
    platforms that are estimated to shorten the time spent
    reviewing the documents for large projects by as much as half.
        Have you had a chance to look at this idea? Do you believe
    a step like that could help expedite project delivery?
        Mr. Bhatt. Senator Lummis, thank you for that comment and
    that work. I was in the private sector before I came to this
    role. Digital delivery, digital tools for construction and
    bringing all of that, digital NEPA process I think are
    something that are very exciting. I am happy to work with your
    office on that.
        Just on the inflation piece, I was in a global
    transportation role. I would say inflation is a huge issue in
    America for our transportation projects, but inflation was also
    an issue in the Middle East around transportation projects, in
    the U.K., in Asia. There is sort of a global issue with
    commodities now. I wanted to highlight that, that it is a
    challenge we are dealing with globally, not just here in the
    U.S.
        Senator Lummis. Good point. I want to run another thing by
    you that also deals with these types of delays. Congress
    updated the categorical exclusion in the IIJA for projects with
    limited Federal funding, $6 million. Now that inflation has
    made a $6 million contribution of Federal funds to a project,
    such a small contribution that you ca not effectively use
    categorical exclusions, I am inclined to want to raise the
    CatEx amount to like $12 million, double it, so that it can be
    meaningfully used instead of being almost irrelevant.
        Do you have any comments on that?
        Mr. Bhatt. Thank you, Senator. I am happy to work with your
    staff to evaluate what that right number would be. We want to
    be able to use a CE whenever possible. I think your notes on
    inflation, I am very focused on project delivery. If we can
    deliver these projects on time, it is going to help on the
    inflation issue as well.
        Senator Lummis. Can I ask one more question about that? In
    your experience, what advantages does it give a project to
    qualify for a categorical exclusion?
        Mr. Bhatt. From my experience, if you can get a CE, then
    you are not looking at doing the higher levels of environmental
    review, but that is always correlated with the impacts to a
    project. If it is a major bridge project that has water impacts
    and it potentially some travel impacts or other issues, that is
    where you are going to start to add time in review, because
    there are just greater impacts for a project.
        Senator Lummis. The structural integrity of the project has
    to be evaluated regardless of whether you have a CatEx or not.
        Mr. Bhatt. Thank you, Senator. Structural design elements
    would be different than the environmental impacts of a project.
        Senator Lummis. Thank you very much. Thanks, Mr. Chairman.
        Senator Carper. Senator Lummis, thanks as always for
    joining us.
        Senator Kelly, good morning.
        Senator Kelly. Thank you. Good morning, Mr. Chairman. Thank
    you.
        Administrator Bhatt, thanks again for being here. It is
    great to see you. I want to start by discussing a project to
    widen InterState 10, which goes through Arizona, goes all the
    way across the Country, in fact, but the area between Phoenix
    and Tucson is a problem. Every single day, there is an accident
    that backs up this stretch of highway for hours.
        It is because there are portions of this highway that are
    just two lanes in each direction. It is a major safety issue.
        It is also worth noting that this stretch of roadway that I
    am talking about is within the Gila River Indian Community. Yet
    the infrastructure does not currently exist to adequately
    connect the community to this critical transportation corridor.
        Fortunately, the Arizona Department of Transportation, the
    Gila River Indian Community, the local leaders from throughout
    Maricopa, Pinal and Pima Counties in the State of Arizona have
    come together to support a comprehensive plan to add an extra
    lane to the interState in each direction, and add several
    critical interchanges to improve connectivity for the Gila
    River Indian Community.
        To date, the State of Arizona and the Maricopa Association
    of Governments have committed more than $850 million in State
    and local transportation funding to complete this project. It
    is a lot of money. We are hoping to make up the remainder of
    the funding with either an Infrastructure for Rebuilding
    America (INFRA) or a Mega grant this year.
        Administrator Bhatt, can you provide any indication of when
    you expect the notice of funding opportunity for the INFRA and
    Mega grants?
        Mr. Bhatt. Thank you, Senator Kelly. I am very aware both
    of the importance of that interState to those communities,
    Phoenix and Tucson, and also as a vital freight corridor for
    the United States. I am happy to be in contact with Director
    Toth as well, if that would be helpful. I will give you
    specifics, but we have so many of these NOFOs that are coming
    out, but again, I believe that would be one that would be
    coming out in the summer timeframe as well.
        Senator Kelly. Okay, some time in the summer. Can you get
    back to us with a specific date, back to my office?
        Mr. Bhatt. Absolutely, sir.
        Senator Kelly. Thank you. As you know, we applied for one
    of the Mega grants last year for this specific project. We did
    not receive it. After that decision, I heard concerns from some
    in Arizona that the project was not selected in favor of some
    multimodal projects. I know you cannot comment on a specific
    project. Can you speak more broadly about whether projects to
    expand interstates, especially in fast-growing States like
    Arizona, could be competitive for a future Mega or an INFRA
    grant award?
        Mr. Bhatt. Thank you, Senator. I think that what we always
    want to make sure is that, I think we think that States and
    locals are the ones who make the best decisions about their
    transportation needs. We are happy to work with those
    communities.
        On Mega, I think we are probably weeks, not months away on
    Mega.
        Senator Kelly. Is there any reason why adding additional
    lanes to an interState would not qualify for a Mega grant?
        Mr. Bhatt. I know there are some of the carbon reduction
    program grants that specifically forbid it. There is nothing
    expressly in the law that would prevent capacity under some of
    these programs.
        Senator Kelly. Okay. Last year, there were nine Mega grants
    awarded, I think that was the number. None of these projects,
    we took a look at them closely, none of them appeared to be
    located on tribal land or meaningfully served tribal
    communities. Can you speak to the work that Federal Highways is
    doing to ensure that tribal communities are able to apply for
    and be competitive for grant funding opportunities like the
    Mega and INFRA grants?
        Mr. Bhatt. Thank you, Senator. I worked closely with the
    Ute Mountain Ute Tribe in Colorado when I was the director
    there. I am aware of sometimes the unique circumstances. We
    have a tribal technical assistance program that we work
    directly with tribes to help them apply and I am happy to
    connect with your office to provide more details.
        Senator Kelly. Helping them apply, does that also help them
    be competitive?
        Mr. Bhatt. I believe those two would be synonymous, but I
    want to just double check.
        Senator Kelly. All right, thank you.
        Thank you, Mr. Chairman.
        Senator Carper. Thank you, Senator Kelly. Senator Capito?
        Senator Capito. Yes, thank you.
        I wanted to go back to one of the questions that I had
    asked you about the safety on EVs. We talked about the weight
    limits, so my crack staff got me this from NTSB head Homendy,
    who was quoted as saying the Ford's F-150 Lightning EV pickup
    is 2,000 to 3,000 pounds heavier than the same model's
    combustion version. The Mustang Mach-E electric SUV and the
    Volvo EC40EV, she said, are about 33 percent heavier than their
    gasoline counterparts. This is an issue.
        I would just encourage you at the Department, among all
    your other things, to look as this increases in a number of EVs
    what it is going to do to our safety impacts on the highway. I
    think it will have an impact. We know weight has an impact on
    damages.
        I want to ask about Buy America. I am understanding that
    there are inconsistencies with the implementation of Buy
    America-Build America provisions that we put into the IIJA. It
    has kind of got a patchwork of State implementation challenges,
    causing some confusion.
        FHWA will play a major role in the Buy America waiver
    process. If not handled, this could bring some of our projects
    to a halt. I am hearing Buy America on all kinds of different
    issues, and it goes back to the supply issues that Senator
    Lummis was talking about.
        Can you talk about the waiver process at FHWA and how you
    are preparing for the influx of requests that are going to be
    coming in the future as this market tightens?
        Mr. Bhatt. Thank you, Ranking Member. Yes, your crack
    staff, I am sure provides you with a lot of information.
        I would say very specifically on the Buy America, when I
    hear the President speak, I think I hear him talking about the
    transformational aspects of the law and building projects and
    improving our infrastructure. With equal passion, I hear the
    President talk about rebuilding the economy and ensuring that
    these are good-paying American jobs and these products are
    built here.
        As we are rebuilding our industrial capacity around some of
    these projects that are being reshored now, and we are getting
    battery plants built here, there is going to be a tension
    between getting projects built quickly and then getting those
    projects made with products that are made here in America.
        So we are just going to have to find a way to thread this
    needle of ensuring that we are getting projects done quickly
    and then finding appropriate waivers to make that happen, but
    making sure that we are also rebuilding the industrial
    capacity.
        Senator Capito. Are you finding any larger influx of
    requests for waivers?
        Mr. Bhatt. Ranking Member, I would have to go back and
    double check, but generally, yes, we are hearing----
        Senator Capito. Do you have the mechanisms set up to be
    able to address that growing challenge within the Department?
        Mr. Bhatt. Every waiver request that would come in, we have
    a process for evaluating.
        Senator Capito. You do?
        Mr. Bhatt. Yes.
        Senator Capito. Let me ask about One Federal Decision. I
    have been touting that as a way to streamline and obviously, it
    was in the debt bill that we just passed for other projects.
    There is concern, I think.
        Has this been implemented enough to really make a
    difference? Are you seeing more streamlined implementation on
    these projects? You would know, coming from the State sector,
    whether it is moving faster. How many projects are on track to
    achieve that 2-year goal for the EISs? Are you utilizing the
    provision that requires one environmental document?
        Talk about One Federal Decision, your implementation and
    some of these specifics that I have mentioned.
        Mr. Bhatt. Thank you, Ranking Member. I would say, as
    somebody with a project delivery background, I appreciate these
    efforts to just get greater clarity and accelerate project
    delivery. I am happy to come back with very specific lists of
    projects that we are implementing some of these reviews on. I
    would say that for all of these major projects, these are big
    forwarding issues, I think this is one of the issues where
    Mitch Landrieu, who works directly for the President on project
    delivery, is constantly saying, how can we get these agencies
    to work together better.
        I would say we have great awareness and great cooperation
    with the resource agencies. Right now it is just a matter of
    getting through some of the processes so we can get to these
    decisions more quickly.
        Senator Capito. Are you seeing the end result here yet of
    this One Federal Decision?
        Mr. Bhatt. I would say that I personally can think of
    examples where we are actively engaging with resource agencies
    proactively. We are talking about the timelines that have been
    established. I have been in the role for 6 months, so I do not
    know if I can say I have a project that went from start to
    finish in that 2-year timeframe.
        Senator Capito. Okay, so we need to keep following up on
    that. Then last, you testified that FHWA is administering
    nearly 900 awards, and this sort of follows onto that One
    Federal Decision. I guess we could followup with you and your
    staff more specifically, how many of those awards actually have
    project grant agreements in place? Are we getting to the end
    point here? You have a lot going on. We understand that. Are
    the awards being made in a timely fashion to satisfy you? We
    are hearing some blowback on that.
        Mr. Bhatt. Thank you, Ranking Member. We are working very
    closely with any of the award recipients to make sure that
    there is a grant agreement in place, that we are going to get
    them successfully. Some of these programs have construction
    timeframes around obligation, or getting money obligated within
    timeframes. We want to make sure. I am happy to provide you and
    your staff with any timelines and updates on projects.
        Senator Capito. Yes, we would like some specific data on
    that following up on your opening statement. Thank you for
    being here, and thank you for everything that you are doing. I
    appreciate it.
        Senator Carper. Thanks, Senator Capito.
        I have a couple of questions, then right at the end I am
    going to return to I-95 and any last thoughts you have,
    especially in the wake of what I think the Governor of
    Pennsylvania announced earlier today.
        First, a question dealing with EV charging standards. This
    week, Ford and General Motors announced that they will rely on
    Tesla's charging technology for their electric vehicles as
    well. Since those three companies together represent I think
    about 75 percent of the EV sales in the U.S., this indicates
    some industry consolidation around the North American charging
    stations, or NACs.
        Federal Highway Administration rules will require companies
    seeking EV charging grants from the Bipartisan Infrastructure
    Law to use an alternate standard via a combined charging
    system, or CCS. How does the existence of multiple industry
    standards affect the build-out of EV charging infrastructure?
    What is the FHWA's role in facilitating convergence around a
    single standard? Sort of a corollary to that is, additionally,
    if a single charging technology emerges as an industry
    standard, how will the Federal Highway Administration make sure
    that it is open, accessible, and reliable for all EVs?
        Mr. Bhatt. Thank you, Chairman Carper. I think a couple of
    things. I think that the public should recognize that the
    coalescing of Ford, Tesla, and GM, kind of a new big three on
    EVs, is in no small part due to the investments that have been
    made in the Bipartisan Infrastructure Law and President Biden's
    focus on this. It is great to see the private sector coming
    together and working to get a standard. I think that is part of
    our challenge as we are rolling out this new program, is we are
    making live decisions and the world is moving and evolving as
    we move forward. As somebody who has an electric vehicle that
    has a CCS charger, I want to make sure I am able to charge it.
        I think one of the things that we are reassured by is that
    there are adapters that are available. If for some reason the
    industry moves in a certain direction, this is not like a very
    finite, like you either have to choose one or the other right
    now. We are excited to see industry coming together and we will
    work with our public sector partners to make sure we are in
    concert as much as possible.
        Senator Carper. Good. As an electric vehicle owner, I feel
    the same sentiment that you have just expressed.
        Climate title roll-out, the threat of climate change means
    we must urgently reduce greenhouse gas emissions. We are trying
    to do that and just as urgently ensure that our transportation
    systems are resilient to the inevitable increase in natural
    disasters that are already being witnessed across the Country.
        I strongly supported the inclusion of an historic climate
    title in the Bipartisan Infrastructure Law, including
    discretionary grants to build out EV charging in communities
    and to increase resilience.
        I am somewhat concerned that these discretionary grant
    programs have been slow to be implemented, and that no funds, I
    am told no funds have been awarded yet. Does Federal Highway
    Administration have the staff resources it needs to promptly
    begin awarding grants and meet the urgency of the moment in
    implementing the climate title?
        Mr. Bhatt. Thank you, Chairman Carper. One of the things I
    have been very focused on is turning awards into projects since
    I have come here. I know that Secretary Buttigieg is also very
    focused on this. I will just give you one very specific
    example. On CFI, we had initially had a deadline in May for
    those communities to submit their applications because we got a
    lot of requests for more time, because these communities wanted
    to be successful in applying, we actually extended the deadline
    to June 13th.
        Some of it is us, there are a lot of new programs, Federal
    Highways----
        Senator Carper. That was yesterday. Just yesterday.
        Mr. Bhatt. Yes. There is a lot going on. Yes, yesterday was
    the deadline there but again, I can not stress this enough. I
    think Federal Highway staff, since this law was enacted, have
    been working around the clock to get all of these programs
    stood up. We will continue to work like that but it is a
    balance of, we want to move swiftly but also thoughtfully to
    get to successful outcomes.
        Senator Carper. I think you have in part answered this
    question, but I am going to ask it anyway. How is Federal
    Highway Administration working with States to ensure that
    States prioritize investments in EV charging infrastructure?
        Mr. Bhatt. Thank you, Chairman Carper. Yes, I think we have
    a robust discussion with our State partners around National
    Electric Vehicle Infrastructure (NEVI), approving their plans,
    looking at some of the exceptions that they have asked for as
    they look to stand up these alternative fuel corridors. I think
    just like when the interState system was built, we want to make
    sure that this EV network is one that Americans can go coast to
    coast, community to community, without fear of not being able
    to charge.
        Senator Carper. Good. Bus rapid transit, I remember the
    first time I heard of this program, I thought, that is a clever
    idea. I wish I had come up with that. The bus rapid transit
    systems provide, as you know, fast, and in many cases reliable
    high quality public transportation routes. They are being
    adopted, I am happy to see, in cities across the Country and
    offer a way to connect in part suburbs to job centers, and to
    expand access to rail networks, among other things.
        The Bipartisan Infrastructure Law provides new eligibility
    for States to use formula dollars to build bus rapid transit
    systems. I think this may have been raised when I was out of
    the room attending my other markup and business meeting in my
    other committee. I missed this, but how is Federal Highway
    Administration providing information to States about the
    opportunities to build bus rapid transit systems? A corollary
    to that, in general, how is Federal Highway Administration
    coordinating with the Federal Transit Administration to
    facilitate multi-modal investments?
        Mr. Bhatt. Thank you, Chairman Carper. When I was Delaware
    Secretary, we also ran DTC, so I am very familiar with transit
    operations. I would say that from a Federal Highway
    perspective, we are constantly making States aware, and I think
    States are aware of their eligibility for flexing highway
    dollars for transit. We work very closely, Nuria and I, the FTA
    Administrator, are often in close communication with the
    Secretary's office.
        I think we are bringing a multimodal approach more so than
    any other Department of Transportation has had that focus.
        Senator Carper. All right, thank you. We talked earlier
    about the alarmingly high number of pedestrians who are dying
    in this Country. I think the fatality level has reached its
    highest level in decades, maybe 40 years or so. Those
    fatalities increased during the pandemic, because despite an
    overall decrease in driving, people just drove less, but we saw
    and continue to see an increase.
        The Bipartisan Infrastructure Law invests, as you know,
    heavily in safety, particularly for pedestrians, for bicyclists
    and other vulnerable road users. It also directs USDOT to
    reconsider some of the manuals and procedures that govern road
    design.
        USDOT has also released its safety strategy that recognizes
    the danger that high speeds and overbuilt road designs pose to
    vulnerable road users. How has the USDOT safety strategy
    informed Federal Highway Administration in the Administration's
    implementation of the Bipartisan Infrastructure Law? Is Federal
    Highway Administration reconsidering design guides and
    procedures to discourage higher speeds?
        Mr. Bhatt. Thank you, Chairman Carper. I think that
    Secretary Buttigieg often speaks about his focus on safety. The
    National Roadway Safety Strategy incorporates safer design,
    safer speeds into this. I think as the Federal Highway
    Administrator, what I often tell our folks and our State
    partners is, we need to differentiate our interState system
    from where those interstates become arterials and those
    arterials become city streets.
        I spoke at NACTO earlier this year and we really want to
    partner with communities who want to enact lower speed limits
    in these cities. I think what we are learning globally is that
    the cities that get the best outcomes and the safest cities are
    the ones where people feel safe to walk and bike. We want to
    make sure that we are not just thinking about moving cars and
    trucks, but we are creating these places where people feel safe
    to be active in their transportation.
        Senator Carper. All right, thank you. I have just been
    handed a notice that if I want to ask questions at the Finance
    Committee hearing that is going on right now, I need to wrap
    this up.
        Before we do that, the Governor of Pennsylvania, Governor
    Shapiro, made some announcements this morning that I think are
    relevant to the discussion we are having today. If you could
    share with us just briefly what he announced, and your reaction
    to what he has announced, I would appreciate it.
        Mr. Bhatt. Thank you, Chairman Carper. Yes, I have been in
    the hearing so I am not sure specifically what he announced. It
    was my understanding that he was going to detail the timeline
    for the expected repair. I think that we were thinking it might
    be several months. I think PennDOT has come up with an
    expedited plan. I was part of those discussions yesterday.
        I think it is going to be an innovative fix that will get
    us to a resolution much quicker and restore traffic on I-95,
    which is crippling that region right now. I am really grateful
    for the innovation of PennDOT and the cooperation of
    Philadelphia and our regional partners in the Federal Highway
    Administration.
        Senator Carper. Great. Any questions that you have not been
    asked that you would like to be asked?
        Mr. Bhatt. I have several, sir, but I want you to get to
    your Finance Committee.
        Senator Carper. My staff will appreciate that.
        I just want to say what a joy it has been to sit here today
    and to hear from you and to hear your responses to questions
    that have been asked. For the other people in the room who may
    not know this, I was given the opportunity to suggest folks to
    the newly elected President a couple of years ago, people to
    serve in his Administration. Shailen Bhatt was one of the
    people I was especially pleased to recommend.
        Sitting here listening to you today respond to questions in
    a forthright and frank and knowledgeable way makes me very
    happy. To your family who are sharing you with all of us across
    the Country, give your wife and your two girls, tell them that
    we appreciate their sharing their husband and dad with the rest
    of us.
        Let's see here. Some boilerplate that I have to mention. In
    closing, I want to thank our witness, Administrator Shailen
    Bhatt, for his time and testimony today. As we have heard
    today, the Federal Highway Administration faces no shortage of
    important work as it continues to implement the critical
    programs that are authorized and funded by the Bipartisan
    Infrastructure Law and in part by the Inflation Reduction Act.
        We thank you for your willingness to serve, to lead the
    Federal Highway Administration at this pivotal time for
    rebuilding America's transportation infrastructure. We ask that
    you convey to the team that you lead across the Country our
    thanks, bipartisan thanks for the good work that is being done.
        Everything I do, I know I can do better. I think the same
    is true for Federal Highway Administration. What does it say in
    the Constitution? In order to form a more perfect union, in the
    preamble. We are never going to be perfect, but that is our
    goal, and we will continue to strive to do that. We appreciate
    the spirit in which you lead this agency. Thank you.
        Senators are going to be allowed to submit written
    questions for the record through the close of business on
    Wednesday, June 28th. We will compile those questions, that is
    2 weeks from today, we will compile those questions, send them
    to the Federal Highway Administration and ask that they be
    responded to by you and your team by Wednesday, July 12th.
        With that, this hearing is adjourned. Thank you so much.
        [Whereupon, at 12:04 p.m., the hearing was adjourned.]
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