[Senate Hearing 115-32]
[From the U.S. Government Publishing Office]
S. Hrg. 115-32
NOMINATION OF HON. ELAINE L. CHAO,
TO BE SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
JANUARY 11, 2017
__________
Printed for the use of the Committee on Commerce, Science, and Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
DEAN HELLER, Nevada CORY BOOKER, New Jersey
JAMES INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire
TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Renae Black, Senior Counsel
C O N T E N T S
----------
Page
Hearing held on January 11, 2017................................. 1
Statement of Senator Thune....................................... 1
Letter dated January 5, 2017 from Michael Sacco, President,
Seafarers International Union of North America............. 25
Letter dated January 6, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer, and Hon. Bill Nelson from
Gabriel M. Ojeda, President, Fritz-Pak Corporation......... 26
Letter dated January 6, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Kerri Leininger, Senior Vice President of Government and
Political Affairs, National Ready Mixed Concrete
Association (NRMCA)........................................ 27
Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill
Nelson from Michael W. Johnson, President and CEO, National
Stone, Sand & Gravel Association (NSSGA)................... 28
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Earl Losier, President, Preferred Materials, Inc........... 29
Letter dated January 9, 2017 to Hon. John Thune from Mufi
Hannemann, President and CEO, Hawaii Lodging and Tourism
Association, former Mayor of Honolulu...................... 30
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Highway Materials Group.................................... 31
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Thomas A. Chizmadia, Senior Vice President, Government
Affairs, Public Relations and Sustainability, Lehigh
Hanson, Inc................................................ 32
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
North American Concrete Alliance........................... 33
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Ty Gable, President, National Precast Concrete Association. 34
Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill
Nelson from A. Todd Johnston, Executive Vice President,
Portland Cement Association (PCA).......................... 35
Letter dated January 9, 2017 to Hon. John Thune from David P.
Storch, Chairman, President and Chief Executive Officer,
AAR Corp................................................... 36
Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill
Nelson from Paul R. Brubaker, President and CEO, Alliance
for Transportation Innovation (ATI21)...................... 37
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Melanie O'Regan, Vice President/General Manager, Washington
Materials Division, CalPortland Company.................... 38
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
John P. Carew, President, Carew Concrete & Supply Co., Inc. 39
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
John W. (Jack) Finger, P.E., President/CEO, Sioux
Corporation................................................ 40
Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon.
John Thune, Hon. Charles Schumer and Hon. Bill Nelson from
Jim Spurlino, President, Spurlino Materials................ 41
Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill
Nelson from James L. Henry, Chairman and President,
Transportation Institute................................... 42
Letter dated January 10, 2017 to Sen. John Thune and Sen.
Bill Nelson from David Owen, President, National
Association of Small Trucking Companies (NASTC)............ 43
Letter dated January 10, 2017 to Hon. John Thune and Hon.
Bill Nelson from Harold A. Schaitberger, General President,
International Association of Fire Fighters................. 44
Letter dated January 10, 2017 to Hon. John Thune and Hon.
Bill Nelson from Anthony Green, Director, Public Policy,
Safe Kids.................................................. 45
Letter dated January 10, 2017 from Diane Woodend Jones,
Chair, Women's Transportation Seminar (WTS)................ 47
Letter dated January 11, 2017 to Hon. John Thune and Hon.
Bill Nelson from John M. Grau, Chief Executive Officer,
National Electrical Contractors Association (NECA)......... 48
Letter dated January 11, 2017 to Hon. John Thune and Hon.
Bill Nelson from David French, Senior Vice President,
Government Relations, National Retail Federation (NRF)..... 49
Letter dated January 12, 2017 to Hon. John Thune and Hon.
Bill Nelson from Marc Rotenberg, President; Caitriona
Fitzgerald, Policy Director; and Kimberly Miller, Policy
Fellow, Electronic Privacy Information Center (EPIC)....... 50
Letter dated January 23, 2017 to Hon. John Thune, Hon. Bill
Nelson, Hon. John Barrasso and Hon. Tom Carper from Chris
Jahn, President, The Fertilizer Institute (TFI)............ 53
Statement of Senator Nelson...................................... 3
Statement of Senator Wicker...................................... 56
Statement of Senator Cantwell.................................... 58
Statement of Senator Blunt....................................... 60
Statement of Senator Klobuchar................................... 61
Statement of Senator Fischer..................................... 63
Statement of Senator Moran....................................... 64
Statement of Senator Blumenthal.................................. 67
Statement of Senator Schatz...................................... 68
Statement of Senator Sullivan.................................... 70
Statement of Senator Peters...................................... 72
Statement of Senator Inhofe...................................... 74
Article, dated January 1, 2009 from Occupational Health &
Safety entitled, ``What is Elaine Chao's Legacy?''......... 75
Statement of Senator Baldwin..................................... 78
Statement of Senator Duckworth................................... 80
Statement of Senator Capito...................................... 81
Statement of Senator Hassan...................................... 83
Statement of Senator Gardner..................................... 85
Statement of Senator Lee......................................... 87
Statement of Senator Cortez Masto................................ 89
Statement of Senator Young....................................... 91
Statement of Senator Booker...................................... 92
Statement of Senator Heller...................................... 94
Statement of Senator Udall....................................... 96
Statement of Senator Markey...................................... 98
Statement of Senator Cruz........................................ 99
Witnesses
Hon. Mitch McConnell, U.S. Senator from Kentucky................. 4
Hon. Rand Paul, U.S. Senator from Kentucky....................... 5
Hon. Elaine L. Chao, to be Secretary of the Department of
Transportation................................................. 6
Prepared statement........................................... 8
Biographical information..................................... 10
Appendix
Response to written questions submitted to Hon. Elaine L. Chao
by:
Hon. John Thune.............................................. 105
Hon. Roger F. Wicker......................................... 106
Hon. Jerry Moran............................................. 107
Hon. Dan Sullivan............................................ 108
Hon. Dean Heller............................................. 108
Hon. Bill Nelson............................................. 109
Hon. Maria Cantwell.......................................... 111
Hon. Amy Klobuchar........................................... 115
Hon. Richard Blumenthal...................................... 116
Hon. Richard Blumenthal and Hon. Edward Markey............... 121
Hon. Brian Schatz............................................ 124
Hon. Edward Markey........................................... 125
Hon. Cory Booker............................................. 128
Hon. Tom Udall............................................... 133
Hon. Gary Peters............................................. 139
Hon. Tammy Baldwin........................................... 141
Hon. Tammy Duckworth......................................... 142
NOMINATION OF HON. ELAINE L. CHAO,
TO BE SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION
----------
WEDNESDAY, JANUARY 11, 2017
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:20 a.m. in
room SD-G50, Dirksen Senate Office Building, Hon. John Thune,
presiding.
Present: Senators Thune [presiding], Nelson, Wicker, Blunt,
Cruz, Fischer, Moran, Sullivan, Heller, Inhofe, Lee, Capito,
Gardner, Young, Cantwell, Klobuchar, Blumenthal, Schatz,
Markey, Booker, Udall, Peters, Baldwin, Duckworth, Hassan, and
Cortez Masto.
OPENING STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
The Chairman. Good morning, everyone. I want to welcome
everyone to this Commerce Committee's first hearing of the
115th Congress, especially our new Members, Senators Inhofe,
Lee, Capito, Young, Baldwin, Duckworth, Hassan, and Cortez
Masto. In addition to growing in size, the Committee now has
the proud distinction of being the Senate committee with the
most women Members ever, at eight.
[Applause.]
The Chairman. I also want to thank all of our returning
Members, especially Ranking Member Nelson, for their hard work
last Congress. Together, we were able to enact over 60 measures
in the 114th Congress. I am anticipating another full agenda
this Congress, and I am confident that we'll be equally
successful.
Today we'll consider the nomination of Secretary Elaine
Chao to be the 18th Secretary of Transportation. The agency
that Secretary Chao has been nominated to lead plays a vital
role in facilitating and promoting the safe and efficient
movement of goods and people throughout our country and the
world.
The Department contains 10 component agencies, employs over
57,000 full-time employees, and has an operating budget of $75
billion. According to the Bureau of Labor Statistics, the
transportation sector employs over 12 million people nationwide
and contributes nearly $1.4 trillion to the Nation's economy,
or 8.6 percent of the U.S. Gross Domestic Product.
In my home state of South Dakota, this translates into
approximately 10,000 jobs. But these numbers only begin to tell
the story because so much of our economy is dependent upon a
thriving transportation sector. For example, without a robust
and efficient transportation sector, rural states like mine
would be unable to get their goods to market. Increasing the
capacity and efficiency of our Nation's highways, rail lines,
pipelines, and ports is crucial, and will have to be a top
priority for the next Secretary of Transportation.
Another top priority for the next Secretary of
Transportation must be safety. While our Nation's pipelines,
railroads, airways, and highways have a strong record of
safety, improvements can and should be made. Of course, it will
be important to avoid one-size-fits-all solutions on safety.
Instead, the Department must offer a range of tools to combat
unique safety challenges, as South Dakota has done with its
innovative 24/7 sobriety program to combat impaired driving.
Many of the strong safety improvements this Committee
advanced as part of the FAST Act and PIPES Act last Congress
are yet to be implemented, and we will expect our next
Secretary of Transportation to work with us to ensure speedy
implementation. We will also have the opportunity to
collaborate on safety improvements when we revisit the
authorization of the Federal Aviation Administration later this
year.
The next Secretary of Transportation will also have a
unique opportunity to show Federal leadership in the
advancement of transportation innovation. V2V technology,
autonomous vehicles, and unmanned aircraft systems, to name a
few, have great promise to increase safety, improve efficiency,
and spur economic growth.
But, like all new technologies, these must be properly
integrated into our current networks in a way that maximizes
their benefits without compromising the performance of the
current systems.
Secretary Chao, if confirmed, you will have a momentous
opportunity to transform Americans' transportation network by
promoting safety and innovation, growing our Nation's freight
network, and ensuring all users, both urban and rural, benefit
equally.
To my colleagues, I would say that if you were to imagine
an ideal candidate to tackle these challenges, it would be hard
to come up with a more qualified nominee than the one before us
today. In addition to serving for 8 years as the U.S. Secretary
of Labor, Secretary Chao has also served as the Deputy
Secretary of the Department she has how been tapped to lead.
Her extensive experience also includes leading the United Way
of America, the Peace Corps, and the Federal Maritime
Commission.
Secretary Chao, you have consistently proven your
willingness to roll up your sleeves and address the challenges
facing our Nation. I would like to thank you for testifying
today and for your willingness to continue your record of
service to the country.
I will now turn to Ranking Member Nelson for any opening
remarks, and then before Secretary Chao's opening statement,
she is going to be introduced by her husband, Senator
McConnell, our Majority Leader in the United States Senate, and
the other Member of the Kentucky delegation, Senator Paul.
The Chair recognizes Senator Nelson.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Thank you, Mr. Chairman.
As we start out, I want to take a minute to express on
behalf of the Committee, our condolences to the friends and
loved ones of the victims of Friday's horrific shooting at Fort
Lauderdale's airport. I want to thank the heroic work that was
undertaken by the first responders and the law enforcement
personnel in responding.
Although the investigation remains ongoing, I expect all of
us in the Congress will continue exploring ways to protect the
traveling public in light of this tragic incident. While we've
made some progress in last year's FAA bill to double the number
of the VIPR teams, the dog teams, and bolster the screening of
airport workers, this tragic shooting serves as a reminder that
our work to improve airport security remains a constant
challenge. This year's FAA reauthorization bill that we will
have to take up could be a good place to start if more needs to
be done to prevent similar tragedies from occurring.
So, Mr. Chairman, we're here today at a time when our
Nation is at a crossroads. Many of our roads, bridges, tunnels,
and rails are aging and desperately need to be repaired and
replaced.
Years of neglect and increased demand have brought us to
the point that we can no longer sit by idly and watch our
country's most critical infrastructure continue to deteriorate.
We must step up to this challenge, and that's particularly
pertinent to the hearing on the confirmation of Secretary Chao.
We must commit to building the next generation of great
American infrastructure or risk harming our economy and global
competitiveness, risk it by failing to do so, and that means
investing in projects that will move people and goods for
decades to come, such as ports.
We have a lot in Florida. They're responsible for moving a
lot of the goods in and out of our country; rails and highways
that move the goods throughout our states; transit and rail
projects that get Americans to work; airports and passenger
rail projects that connect our communities; and technologies of
tomorrow that will move people and goods more efficiently and
more safely.
These projects will also create good-paying jobs, whether
it's construction workers laying the foundation, an engineer
doing the design, or the steelworker making the parts. The
benefits of updating and expanding our transportation
infrastructure can produce thunderous ripple effects, creating
new developments, generating increased investments, and driving
new economic opportunities. That's what our country needs now
and in the immediate future. It takes a strong commitment,
however, from the Congress and the administration, and
specifically the Department of Transportation. And it's going
to take a significant amount of funding.
And so, Secretary Chao, I hope we'll hear more from you
today on your administration's plan and how you intend to pay
for it.
Our Nation's transportation challenges include more than
the deteriorating bridges and roads. Safety, of course,
continues to be a serious problem. The last two years marked a
disturbing trend of rising fatalities on our highways,
reversing a lot of progress that we've seen over the last half
century.
The Department of Transportation must aggressively use all
of its authority and resources to bring those numbers down,
whether it's cracking down on the drunk and distracted driving,
increasing seatbelt use, or getting defective vehicles, such as
those with the exploding Takata airbags, fixed immediately.
And the Department must prepare for the future. As I speak,
automakers are rapidly moving toward commercializing autonomous
technology and self-driving cars, and the Department is going
to have to play a very central role in ensuring that this is
safe for the American public.
Then, of course, there is aviation safety. It's critical,
it's an important task, and it will be before the Committee in
the FAA reauthorization bill.
Now, Chairman Thune and I have worked hard on a bipartisan
and comprehensive FAA reauthorization bill last year, and, as a
result, 95 to 3 in the Senate. The reauthorization bill was
stalled in the House, given a proposal there to privatize air
traffic control.
Besides the total opposition of the United States
Department of Defense, which has 20 percent of the air traffic,
besides being costly and disruptive in implementation,
privatization would upset the partnership between the FAA and a
lot of the agencies of government.
And last, certainly not least, I hope, Madam Secretary,
that we will get a commitment from you that you will look out
for the traveling public by ensuring that they have basic
consumer protections. This means working with us here, in the
Congress, to make sure that airline passengers know what
they're paying for up front and that those costs are fair.
These provisions had broad bipartisan support in last year's
FAA reauthorization, and we should get them across the finish
line.
And, Madam Secretary, just a personal note, you and my wife
are the dearest of friends. She is one of your biggest fans. I
have watched you as you have comported yourself in a previous
administration as a Cabinet Member. It has been with grace and
excellence that you have done so, and I certainly look forward
to you in this new administration doing the same.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Nelson.
It may be a first to have a Senate Leader testify in front
of this Committee, but we're privileged today to have Senator
McConnell here to make a very special introduction. And so the
Chair recognizes the Senate Majority Leader for a statement.
STATEMENT OF HON. MITCH McCONNELL,
U.S. SENATOR FROM KENTUCKY
Senator McConnell. Chairman Thune, Senator Nelson, Members
of the Committee, obviously it's a great pleasure to be here
today. Actually, Chairman Thune, it's probably not the first
time the Majority Leader has been before this Committee. I'm
reminded of something Bob Dole said at the confirmation hearing
for another transportation nominee, his wife, Elizabeth. We all
remember Bob for having the best sense of humor ever of anyone
who served here. This is how he began. He said, ``I feel a
little bit like Nathan Hale. I regret that I have but one wife
to give for my country's infrastructure.''
[Laughter.]
Senator McConnell. Well, that was Bob Dole for you.
[Laughter.]
Senator McConnell. The nominee before us is extraordinarily
well qualified, incredibly capable, and she's got really great
judgment.
[Laughter.]
Senator McConnell. On a whole variety of things.
[Laughter.]
Senator McConnell. I know Senator Paul will have much more
to say about her qualifications when he speaks next, but let me
just say this. Elaine is going to do a fantastic job as
Secretary of Transportation. She is going to do good things for
our country. She is going to make the Commonwealth of Kentucky
proud. She will be only the second cabinet secretary we've had
from my state since World War II. Who was the other? you might
ask. Secretary of Labor Elaine Chao.
[Laughter.]
Senator McConnell. I said at her last confirmation hearing
that Elaine would be one of the best Secretaries of Labor we've
ever had. I'm saying today that Elaine will be one of the best
Secretaries of Transportation as well. She has overcome some
pretty big obstacles in her life, but everything she does, she
does well. I know she will perform brilliantly again in this
new role.
Her family gathered here today couldn't be prouder,
especially Elaine's father, Dr. James Chao. I feel exactly the
same way he does. Thank you for the opportunity to be here. And
let me turn to my colleague from Kentucky.
STATEMENT OF HON. RAND PAUL, U.S. SENATOR FROM KENTUCKY
Senator Paul. Mr. Chairman, it is my privilege this morning
to introduce a friend, a dear friend, and a fellow Kentuckian,
Secretary Elaine Chao, for her nomination hearing to serve as
Secretary of Transportation. I would also like to welcome her
family, Dr. James Chao, who is renowned in his own right.
My wife, Kelley, and I have come to know Elaine well since
our first election to the Senate six years ago, and we were
both grateful for her many kindnesses and friendship as we
transitioned to public service. We both admire Elaine for her
thoughtfulness, integrity, intellect, and dedicated service to
the country.
Elaine's record of accomplishment and leadership make her a
truly exceptional candidate. Prior to her nomination, Secretary
Chao had served this Nation under three Presidential
administrations, most notably as the longest serving Secretary
of Labor since World War II under President George W. Bush.
As an immigrant to this country, Secretary Chao's successes
are not only a testament to the American dream, but also the
unbridled spirit of Kentucky. Having emigrated from Taiwan at
the age of eight with no background in the English language,
Secretary Chao would copy all the words of her teachers on the
blackboard so her parents could go over them daily when she
arrived at home to improve her English skills.
Her father worked three jobs to support their six children,
but they always expressed optimism for the future. The family
was truly grateful to be in America, and despite the
challenges, they seized the opportunity that this Nation had to
offer. Secretary Chao's parents' belief in education, service,
and hard work set the foundation for her success, which
includes a degree from Harvard Business School and 36 honorary
doctorate degrees from institutions around the world. But for
the Chao family, education is never the end, it is just the
beginning.
Secretary Chao's extensive background in both public and
private sectors includes not only her previous stint as
Secretary of Labor, but also Deputy Secretary of
Transportation, Chairman of the Federal Maritime Commission,
Deputy Maritime Administrator, and Deputy Administrator at the
U.S. Department of Transportation, Director of the Peace Corps.
It's a long resume. We would all wish to have such a resume.
She was also President of the United Way as well. I have no
doubt that she will do an excellent job and that her integrity
will lead her to great heights as the Secretary of
Transportation.
I look forward to working with Secretary Chao and officials
at the Department of Transportation to address our
infrastructure issues facing our country. I urge the
Committee's favorable consideration of my friend Elaine Chao.
The Chairman. Thank you, Senator Paul.
And thank you, Senator McConnell.
And at this point, we will ask our nominee, Secretary
Elaine Chao, to please come forward and offer her opening
statement.
STATEMENT OF HON. ELAINE L. CHAO, TO BE SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION
Secretary Chao. Chairman Thune, Ranking Member Nelson,
Members of the Committee, thank you for the opportunity to
appear before you today. I also want to thank my home state
Senators from the great Commonwealth of Kentucky for their kind
introductions. I'm very honored to have the support of Senator
Rand Paul, and I'll be working to ``lock in'' the Majority
Leader's support tonight over dinner.
[Laughter.]
Secretary Chao. I'm especially delighted to introduce my
father, Dr. James S.C. Chao, who along with my mother, Ruth
Mulan Chu Chao, is the foundation of everything that my sisters
and I have been able to achieve. Like so many others, as you've
heard, my father left everything familiar behind to come to
this country and build a better life for our family. My mother,
two sisters, and I endured 3 long years of separation before we
were able to join him, traveling from Asia to America via a
cargo ship on an ocean journey that lasted 37 days.
There were many challenges during those early days, living
in an apartment in Queens, New York, learning English, and
adapting to a completely foreign culture. But my parents' love,
optimism, faith, and diligence kept us together.
If I can ask my father to stand up, I would really
appreciate it.
Dad, you've got to stand up.
[Applause.]
Secretary Chao. Thank you so much.
I'm also very pleased to introduce one of my sisters, May
Chao, and her twin daughters, Miranda and Jessica, from New
York City. May is the daughter whose name symbolizes America.
My mother was 7 months pregnant with May when my father left
for America, and he did not see his third daughter, May, until
she was 3 years old.
And, May, if I can ask you and the girls to stand up.
[Applause.]
Secretary Chao. And my brother-in-law, Gordon, is here. And
that's it for the family.
[Laughter.]
Secretary Chao. My executive career in government began at
the U.S. Department of Transportation. During my career, I've
had the extensive privilege of leading large, complex
organizations in the public and the private sectors, as Deputy
Secretary of Transportation, Director of the Peace Corps,
President and CEO of United Way of America, and the U.S.
Secretary of Labor. In each of these positions, my goal has
always been to help others access opportunities in mainstream
America and build better lives for themselves and their
families by supporting policies that foster job creation and
workforce competitiveness.
Our country's transportation infrastructure is the
underpinning of our world-class economy, one of the most
productive, flexible, and dynamic in the world. It is a key
factor in productivity growth, which has provided millions of
hard-working Americans with a standard of living that is the
envy of the world. And it has provided us with unprecedented
mobility, safety, and security. And yet today, these gains are
jeopardized by aging infrastructure, growing congestion,
increased fatalities on our highways, and a failure to keep
pace with emerging technologies.
The U.S. Department of Transportation has a rare
opportunity to shape the transformation of our critical
infrastructure, and a chance to lead the Department at this
pivotal historic time is a great honor.
First and foremost, safety will continue to be the primary
objective. Regulatory decisions should be rooted in analysis
derived from sound science and data with risk-based analysis
that prevents accidents before they occur, and considers both
the cost and the benefits of new rulemakings. Railroads,
airlines, aircraft manufacturers, pipeline operators, transit
authorities, and hazardous waste material shippers should be
deploying comprehensive approaches to safety.
The Department will also work with states to ensure that
billions of dollars of Federal funding are focused on improving
transportation system performance and project delivery. Our
rail and air traffic operational efficiency, which is so
important to America's competitiveness, need to be continuously
improved.
And I look forward to working with this Committee on FAA's
transition to 21st century air traffic control technologies
known as NextGen. Eight months remain before FAA
reauthorization, so it's important to start the collaborative
process soon, to provide air travelers with a system second to
none.
Another major challenge is to unleash the potential for
private investment in our Nation's infrastructure. As we work
together to develop the details of the President-elect's
infrastructure plan, it's important to know the significant
difference between traditional program funding and other
innovative financing tools, such as public-private
partnerships.
In order to take full advantage of the estimated trillions
in capital that equity firms, pension funds, and endowments can
invest, these partnerships must be allowed to participate with
a bold, new vision. And again, we look forward to working with
you to explore all options and to create a mix of practical
solutions, both public and private, that provide the greatest
cost benefit to the public because we all know that the
Government doesn't have the resources to do it all.
It's also important to recognize that the way we build and
deliver projects is just as important as how much we invest.
And we want to seek your advice in identifying and addressing
unnecessary bottlenecks in the processes that govern project
development and delivery, as well as the manufacturing
processes that we oversee.
And finally, we want to work with you to address the unique
transportation needs in rural America, as well as the
challenges that major metropolitan areas face.
Looking to the future, we also have a unique opportunity to
address the exciting new technologies transforming travel and
commerce. The private sector is driving this innovation; they
are working with cities and states to demonstrate improvements
in the safety and efficiency of autonomous vehicles. Drones are
poised to become a major commercial force.
And the Federal role in these sectors is still very much in
its infancy. We want to work with Congress to position the
Federal Government as a catalyst for safe, efficient
technologies, not as an impediment.
In summary, the Department of Transportation has a key role
to play in modernizing our transportation systems,
strengthening our Nation's competitiveness, and improving our
quality of life. And I look forward to working with you to
rebuild, refurbish, and revitalize America's infrastructure so
our economy can continue to grow, create good paying jobs for
America's working families, and enhance our quality of life.
Thank you. And now I'll be pleased to take your questions.
[The prepared statement and biographical information of
Secretary Chao follow:]
Prepared Statement of Hon. Elaine L. Chao, Secretary Designate,
Department of Transportation
Chairman Thune, Ranking Member Nelson, and members of the
Committee,
Thank you for the opportunity to appear before you today. I
also want to thank my home state Senators for their kind
introductions. I'm pleased to have the support of Senator Paul,
and I will be working to ``lock in'' the Majority Leader's
support tonight over dinner.
I am pleased to introduce my father, Dr. James S.C. Chao.
He and my late mother are the foundation of who my sisters and
I are today. He grew up in a small farming village of just ten
families in China. His parents believed in education so he
earned many scholarships to enable him to continue his studies.
My father left everything familiar behind to build a better
life for our family. Our family was separated for three long
years before we were able to come to America, traveling by
cargo ship on an ocean journey that lasted 37 days. There were
many challenges during those early years especially since we
didn't speak English. I didn't receive my citizenship until I
was 19 years old. But, my parents never doubted that America
was the land of opportunity.
Also here today is one of my sisters, May Chao and her twin
daughters, Miranda Mei Chao Hwang and Jessica Ruth Chao Hwang,
from New York City. May is the daughter whose name symbolizes
America. My mother was seven months pregnant with May when my
father left for America. He didn't see May until she was three
years old.
My executive career in government began at the U.S.
Department of Transportation. During my career, I have had the
privilege of leading large, complex organizations in the public
and non-profit sectors, as Deputy Secretary of Transportation,
Director of the Peace Corps, President and CEO of the United
Way of America, and U.S. Secretary of Labor. In each of these
positions, my goal has been to help others access opportunity
and build better lives for themselves and their families by
supporting policies that foster job creation and workforce
competitiveness.
Our country's transportation infrastructure is the
underpinning of our world-class economy--one of the most
productive, flexible and dynamic in the world. It is a key
factor in productivity growth, which has provided millions of
hard working Americans with a standard of living that is the
envy of the world. And it has provided us with unprecedented
mobility, safety and security. Yet today, these gains are
jeopardized by infrastructure in need of repair, the specter of
rising highway fatalities, growing congestion, and by a failure
to keep pace with emerging technologies.
The U.S. Department of Transportation has a rare
opportunity to shape the transformation of our critical
infrastructure. The chance to lead the Department at this
historic time is a great honor. First and foremost, safety will
continue to be the primary objective. Regulatory decisions
should be rooted in analysis derived from sound science and
data, with risk-based analysis that prevents accidents before
they happen, and considers both the costs and the benefits of
new rulemakings. Railroads, automobile manufacturers, airlines,
aircraft manufacturers, pipeline operators, transit agencies
and hazardous material shippers should be deploying
comprehensive approaches to safety.
The Department will also work with states to ensure that
billions of dollars of Federal funds are focused on improving
transportation system performance and project delivery. Our
rail and air traffic operational efficiency, which is so
important to America's competitiveness, need to be continually
improved. I look forward to working with this Committee on the
FAA's transition to 21st century air traffic control
technologies known as NextGen. Eight months remain before FAA
reauthorization, so it's important to start the collaborative
process soon, to provide air travelers with a system second to
none.
Another major challenge is to unleash the potential for
private investment in our Nation's infrastructure. As we work
together to develop the details of President Trump's
infrastructure plan, it is important to note the significant
difference between traditional program funding and other
innovative financing tools, such as public-private
partnerships. In order to take full advantage of the estimated
trillions in capital that equity firms, pension funds, and
endowments can invest, these partnerships must be incentivized
with a bold new vision. We look forward to working with you to
explore all the options, and to create a mix of practical
solutions--both public and private--that provide the greatest
cost-benefit to the public.
It's also important to recognize that the way we build and
deliver projects is as important as how much we invest. We want
to seek your advice in identifying and addressing unnecessary
bottlenecks in the processes that govern project development
and delivery, as well as the manufacturing processes we
oversee. And finally, we want to work with you to address the
unique transportation needs in rural America, as well as the
challenges that major metropolitan areas face.
Looking to the future, we also have a unique opportunity to
address the exciting new technologies transforming travel and
commerce. The private sector is driving this innovation. They
are working with cities and states to demonstrate improvements
in the safety and efficiency of autonomous cars and trucks.
Drones are poised to become a major commercial force. The
Federal role in these sectors is still in its infancy. We want
to work with Congress to position the Federal Government as a
catalyst for safe, efficient technologies, not as an
impediment.
In summary, the Department of Transportation has a key role
to play in modernizing our transportation systems,
strengthening our country's competitiveness, and improving our
quality of life. I look forward to working with you to rebuild,
refurbish and revitalize America's infrastructure, so our
economy can continue to grow, create good paying jobs for
America's working families and enhance our quality of life.
Thank you.
------
a. biographical information
1. Name (Include any former names or nicknames used):
Elaine L. Chao.
2. Position to which nominated: Secretary of
Transportation.
3. Date of Nomination: January 20, 2017 (expected).
4. Address (List current place of residence and office
addresses):
Residence: Information not released to the public.
Office: Hudson Institute, 1201 Pennsylvania Avenue, NW,
Washington, D.C. 20004.
5. Date and Place of Birth: March 26, 1953; Taipei, Taiwan.
6. Provide the name, position, and place of employment for
your spouse (if married) and the names and ages of your
children (including stepchildren and children by a previous
marriage).
Spouse: Mitch McConnell, United States Senator;
Stepdaughters: Eleanor Hayes McConnell, 44; Claire McConnell,
41; Marion Porter McConnell, 38.
7. List all college and graduate degrees. Provide year and
school attended.
Harvard Business School, MBA, 1979
Mount Holyoke College, BA, 1975
8. List all post-undergraduate employment, and highlight
all management-level jobs held and any non-managerial jobs that
relate to the position for which you are nominated.
Distinguished Fellow, The Hudson Institute; 2016 to
present.
Distinguished Fellow, The Heritage Foundation; 2009-
2016 and 1996-2001.
Secretary of Labor, 2001-2009.
President and CEO, United Way of America; 1992-1996.
President and CEO, U.S. Peace Corps; 1991-1992.
Deputy Secretary of Transportation, 1989-1991.
Chairman, Federal Maritime Commission; 1988-1989.
Deputy Administrator, Federal Maritime Commission,
1986-1988.
Vice President, Bank of America; 1984-1986.
White House Fellow, Office of Policy Development, 1983-
1984.
Citibank, 1979-1983.
Foremost Group, 1975-1977.
*All the above positions are management jobs with the
exceptions of the Distinguished Fellowships.
9. Attach a copy of your resume.
A copy is attached.
10. List any advisory, consultative, honorary, or other
part-time service or positions with Federal, State, or local
governments, other than those listed above, within the last ten
years. None.
11. List all positions held as an officer, director,
trustee, partner, proprietor, agent, representative, or
consultant of any corporation, company, firm, partnership, or
other business, enterprise, educational, or other institution
within the last ten years.
Board Service
07/22/2015 12/31/2015 Centerra Group, LLC Advisory Board
7121 Fairway Drive, Member
Suite 301
Palm Beach Gardens,
FL 33418
06/04/2015 Present Ingersoll Rand Director
170/175 Lakeview
Drive
Swords, Co. Dublin
02/13/2015 Present Vulcan Material Director
Company
1200 Urban Center
Drive
Birmingham, AL
35242
10/16/2012 Present News Corp Director
1211 Avenue of the
Americas
New York, NY 10036
04/05/2012 02/19/2015 Bloomberg Advisory Board
Philanthropy Member
25 E 78th St.
New York, NY 10075
06/2012 Present New York Honorary Board
Presbyterian Member
Hospital
525 East 68th
Street
New York NY 10065
06/28/2011 Present Wells Fargo Director
420 Montgomery
Street
San Francisco, CA
94104
06/29/2011 02/01/2015 Protective Life Director
Corporation
2801 Hwy 280
South Birmingham,
AL 35223
2011 Present Harvard Business Advisory Board
School Member
Board of Dean's
Advisor
Soldiers Field
Boston, MA 02163
2010 Present Federalist Society Advisory Board
1776 I St NW #300, Member
Washington, D.C.
20006
2010 Present Ford's Theater Advisory Board
511 10th St NW Member
Washington, D.C.
20004
2010 Present Harvard Business Advisory Board
School Member
Board of Global
Advisors
Soldiers Field
Boston, MA 02163
2010 06/2013 National WWII Advisory Board
Museum Member
945 Magazine Street
New Orleans, LA
70130
10/23/2009 11/01/2013 Dole Food Company Director
One Dole Plaza
West Village, CA
91359-5700
2003 Present Institute of Advisory Board
Politics, Harvard Member
University
79 John F. Kennedy
St.
Cambridge, MA 02138
2003 2009 Harvard Business Advisory Board
School Member
Board of Dean's
Advisor
Soldiers Field
Boston, MA 02163
12. Please list each membership you have had during the
past ten years or currently hold with any civic, social,
charitable, educational, political, professional, fraternal,
benevolent or religious organization, private club, or other
membership organization. Include dates of membership and any
positions you have held with any organization. Please note
whether any such club or organization restricts membership on
the basis of sex, race, color, religion, national origin, age,
or handicap.
Alfalfa Club--Member
American Action Forum (AFF)--Advisory Board Member
Asia Pacific Foundation of Canada: John H. McArthur
Distinguished Fellowship--Honorary Advisory Board
Member
Council on Foreign Relations--Member
Federalist Society--Advisory Board Member
Ford's Theatre--Advisory Board Member
International Leadership Foundation (ILF)--Honorary Co-
Chair
International Club Number One (IC1)--Member
National Ethnic Coalition of Organizations (NECO)--
Honorary Advisory Board Member
Republican Women's Federation Forum (RWFF)--Member
Ruth Mulan Chu Chao Foundation--Volunteer Chair (2013-
2015)
Trump's Asian Pacific American Advisory Council
Trust for the National Mall--Advisory Council
U.S. Senate Spouses--Member
United Seamen Service (USS): Council of Trustees--
Honorary Member
Walt Disney Family Museum--Honorary/Advisory
13. Have you ever been a candidate for and/or held a public
office (elected, non-elected, or appointed)? If so, indicate
whether any campaign has any outstanding debt, the amount, and
whether you are personally liable for that debt. No.
14. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $500 or more for the past ten
years. Also list all offices you have held with, and services
rendered to, a state or national political party or election
committee during the same period.
Poltiical Contributions--Federal
Contributions to All Other Political Committees Except Joint Fundraising Committees
Contributor Name
Chao, Elaine Louisville KY 40201 McConnell Victory 6/30/2013 -12500 13941128347
Kentucky
Chao, Elaine Louisville KY 40205 Distinguished Heritage Republican Party of 10/25/2012 10000 12940896930
Fellow Foundation Kentucky
Chao, Elaine Louisville KY 40205 Heritage Distinguished Republican Party of 6/30/2013 10000 13941302781
Foundation Fellow Kentucky
Chao, Elaine Louisville KY 40205 Heritage Executive McConnell, Mitch via 5/23/2012 2500 12020463429
Foundation McConnell Senate
Committee
Chao, Elaine Louisville KY 40205 Heritage Executive McConnell, Mitch via 5/23/2012 2500 12020463527
Foundation McConnell Senate
Committee
Chao, Elaine Louisville KY 40205 U.S. Secretary of Labor Republican Party of 7/1/2008 10000 28932511164
Government Kentucky
Chao, Elaine Louisville KY 40205 Heritage Distinguished Republican Party of 4/29/2014 10000 14941236572
Foundation Fellow Kentucky
Chao, Elaine Louisville KY 40205 U.S. Secretary of Labor Republican Party of 12/27/2007 10000 28990628719
Government Kentucky
Chao, Elaine L Ms. Louisville KY 40205 U.S. Secretary of Labor Republican National 10/26/2006 25000 27990094749
Government Committee
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 8/18/2011 425 12950197799
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 11/17/2011 425 12950200181
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 2/17/2012 425 12970842028
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 5/15/2012 425 12952246547
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 8/15/2012 425 12954296871
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 11/20/2012 425 12940782898
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 2/15/2013 425 13961244319
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 5/17/2013 425 13963180662
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 11/20/2013 425 14951887637
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 2/15/2014 425 14960571121
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 5/15/2014 425 14941726077
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 8/15/2014 425 14978394881
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Distinguished Protective Life 11/15/2014 425 14952676019
Foundation Fellow Corporation
Federal PAC
Chao, Elaine L. Washington DC 20002 The Heritage Labor Secretary Romney, Mitt/Paul D. 4/23/2012 2500 14942416889
Ms. Foundation Ryan via Romney for
President, Inc.
Joint Fundraising Contributions
These are contributions to committees who are raising funds to be distributed to other committees.
Chao, Elaine Louisville KY 40201 Heritage Executive McConnell Victory 6/26/2013 12500 13941128330
Foundation Kentucky
Chao, Elaine L. Washington DC 20013 Heritage Distinguished Rand Paul Victory 12/11/2013 5200 14960659449
Hon. Foundation Fellow Committee
Chao, Elaine L. Louisville KY 40202 Self-Employed Public Speaker Romney Victory, Inc. 7/27/2012 1000 13941694430
Recipient of Joint Fundraiser Contributions
These are the Final Recipients of Joint Fundraising Contributions
Contributor Name
Chao, Elaine L Washington DC 20013 Heritage Distinguished Paul, Rand via Rand 12/31/2013 2600 14020323733
Foundation Fellow Paul for US Senate
2016
Chao, Elaine L Washington DC 20013 Heritage Distinguished Paul, Rand via Rand 12/31/2013 2600 14020323680
Foundation Fellow Paul for US Senate
2016
Chao, Elaine L Washington DC 20013 Heritage Distinguished Paul, Rand via Rand 12/11/2013 2600 14021051514
Hon. Foundation Fellow Paul for US Senate
2016
Chao, Elaine L Washington DC 20013 Heritage Distinguished Paul, Rand via Rand 12/11/2013 2600 14021051481
Hon. Foundation Fellow Paul for US Senate
2016
Chao, Elaine L. Louisville KY 40202 Self-Employed Public Speaker Romney, Mitt / Paul 7/27/2012 1000 13942788103
D. Ryan via Romney
for President, Inc.
Political Contributions--State
CHAO, ELAINE INDIVIDUAL Contribution
Employer: HERITAGE FUND $1,000.00 on 02/28/2014
Occupation: FELLOW MCLAUGHLIN, SANDRA for
DISTRICT COURT JUDGE--30TH DISTRICT--3RD
DIVISION
PRIMARY--05/20/2014
15. List all scholarships, fellowships, honorary degrees,
honorary society memberships, military medals, and any other
special recognition for outstanding service or achievements.
Inventory of Awards and Recognitions
------------------------------------------------------------------------
Year Description of Award/Recognition
------------------------------------------------------------------------
1979 10 Outstanding Young Women of American
------------------------------------------------------------------------
1984 Mount Holyoke College Alumnae Award Mary Lyon Award for Young
Achievement Award
------------------------------------------------------------------------
1986 County of Los Angeles Notional Council of Women's Young Achievers
Award
------------------------------------------------------------------------
1986 Organization of Chinese Americans Champion of Excellence Award
------------------------------------------------------------------------
1986 Taiwan Benevolent Association of America & Taiwan Welfare
Association of New York Outstanding Achievement Award for higher
ranking Chinese-American in U.S. Government
------------------------------------------------------------------------
1987 Federal Asian Pacific American Council (FAPAC) Exemplary
Leadership Award
------------------------------------------------------------------------
1987 City of New Orleans International Order of Merit
------------------------------------------------------------------------
1988 National Republican Asian Assembly Award for Service to Asian
American Republicans & GOP
------------------------------------------------------------------------
1988 Chinese-American Association of Southern California Outstanding
Achievement Award
------------------------------------------------------------------------
1989 Asian Americans in Public Service Excellence 2000 Award
------------------------------------------------------------------------
1989 Federal Maritime Commission Exceptional Service
------------------------------------------------------------------------
1990 HBS Recognition for Service to HBS Alumni Council 1987-1990
------------------------------------------------------------------------
1990 City of Anaheim, CA recognition for Outstanding Leadership as
Deputy Secretary of Transportation
------------------------------------------------------------------------
1990 Texas Governor Bill Clements Outstanding Achievement Award and
Citation as Honorary Citizen of Texas
------------------------------------------------------------------------
1990 Garland, Texas Mayor Ruth Nicholson Recognition as Honorary
Citizen of Garland, TX
------------------------------------------------------------------------
1991 U.S. Department of Transportation Federal Railroad Administration
award for Support of the Federal Railroad Administration
------------------------------------------------------------------------
1991 U.S. Department of Transportation Asian Pacific American Employees
Council Outstanding Service Award
------------------------------------------------------------------------
1991 City of Los Angeles Outstanding Person Achievements Award as
Deputy Secretary of Transportation
------------------------------------------------------------------------
1991 St. John's University Honorary Citation--Doctor of Laws
------------------------------------------------------------------------
1991 U.S. Coast Guard Award for Distinguished Service
------------------------------------------------------------------------
1992 National Republican Asian Americans Pride of Asian Americans Award
------------------------------------------------------------------------
1992 City of Louisa, KY Recognition as Honorary Citizen
------------------------------------------------------------------------
1992 City of Louisville, KY Recognition as Honorary Citizen
------------------------------------------------------------------------
1992 Jefferson County, KY Recognition as Honorary Citizen
------------------------------------------------------------------------
1993 National Conference for College Women Student Leaders Women of
Distinction Award
------------------------------------------------------------------------
1993 Governor Brereton C. Jones of KY Kentucky Colonel Award
------------------------------------------------------------------------
1993 California State Legislative Assembly Recognition for Leadership
as President of United Way
------------------------------------------------------------------------
1993 City of Los Angeles Mayor and City Council President and Members
Recognition for Outstanding Service to the Community and
Appointment as United Way President and Chief Executive Officer
------------------------------------------------------------------------
1993 Harvard Business School Alumni Achievement Award
------------------------------------------------------------------------
1993 City of Russell, KY Recognition as Honorary Citizen
------------------------------------------------------------------------
1994 Valley of the Sun and Mesa United Way Phoenix, Arizona Award for
Leadership of United Way
------------------------------------------------------------------------
1995 City of New Orleans Recognition as Honorary Citizen
------------------------------------------------------------------------
1995 Selection by Newsweek Magazine for Overclass 100 in Politics and
Government
------------------------------------------------------------------------
1995 United Way of Beaver County, OR Recognition for Outstanding and
Professional Leadership
------------------------------------------------------------------------
1996 National Peace Corps Association Appreciation Recognition for
Inspiration and Leadership
------------------------------------------------------------------------
1997 The Jefferson Awards Silver Anniversary Recognition for Service on
Board of Selector
------------------------------------------------------------------------
1998 National Association of Securities Dealers Recognition Outstanding
Service as Member of Board of Governors
------------------------------------------------------------------------
1998 China Foundation of the United States Recognition Outstanding
Leadership
------------------------------------------------------------------------
1998 Organization of Chinese American Women, Organization of Chinese
Americans--Greater Washington D.C. Chapter Recognition for
Outstanding Achievements in Public Service
------------------------------------------------------------------------
1999 City of Birmingham, AL Mayor Recognition Leadership/Celebration of
Birmingham-Southern College Gala
------------------------------------------------------------------------
1999 Community Hospice Recognition for Support of Hospice
------------------------------------------------------------------------
2000 Kenai River Classic, AK Recognition to Promote Habitat & Resource
Conservation, Kenai River, AK
------------------------------------------------------------------------
2001 U.S. Senator Diane Feinstein (CA) Recognition for Commitment
------------------------------------------------------------------------
2001 City of Chicago, IL Recognition for Achievement
------------------------------------------------------------------------
2001 Asian Pacific American Municipal Offices Leadership Award
------------------------------------------------------------------------
2001 City & County of San Francisco, CA Board of Supervisors
Commendation of Service
------------------------------------------------------------------------
2001 U.S. Pacific Asian American CC Award for Excellence in Govt
Service
------------------------------------------------------------------------
2001 Chinese American Society, Rockville, MD Recognition for
Outstanding Support of Leadership Program
------------------------------------------------------------------------
2001 U.S. Department of Labor--Annual National Equal Opportunity
Conference Recognition for Commitment to Adults and Youth with
Disabilities
------------------------------------------------------------------------
2001 United Mine Workers Recognition for Leadership of Mine Safety and
Health Administration (MSHA)
------------------------------------------------------------------------
2001 United Chinese Community/State of California Resolution # 2501
Recognition for Personal and Public Achievement; United Chinese
Community Celebration
------------------------------------------------------------------------
2001 Asian American Federation of California Recognition for Great
Talent
------------------------------------------------------------------------
2001 City of Los Angeles, CA Recognition for Leadership
------------------------------------------------------------------------
2001 May Society (Asian American PAC) Appreciation Recognition
------------------------------------------------------------------------
2001 Westminster, CA Mayor Margie Rice Recognition as First Asian-
American Woman in the U.S. Cabinet
------------------------------------------------------------------------
2001 Jobs for America's Graduates Government Leader Award
------------------------------------------------------------------------
2002 Boys and Girls Club of Greater Washington, D.C. Congressional
Dinner Honoree
------------------------------------------------------------------------
2002 Women In Government Relations Award for Most Women Appointed in
Department
------------------------------------------------------------------------
2002 Asian American Postal Employees Association Distinguished Asian
American Award
------------------------------------------------------------------------
2002 Hispanic Association of Colleges and Universities (HACU)
Certificate of Appreciation
------------------------------------------------------------------------
2002 KY--Henderson County Chamber of Commerce Distinguished Citizen
Award
------------------------------------------------------------------------
2002 Federal Asian Pacific American Council (FAPAC) Recognition for
Leadership as Member of Asian American Community
------------------------------------------------------------------------
2002 Fraternal Order of Police of NY Recognition in Appreciation for
Promoting FOP Ideals
------------------------------------------------------------------------
2002 U.S. Chinese Bankers Alliance Recognition in Appreciation of
Hospitality
------------------------------------------------------------------------
2002 U.S. Pan Asian American Chamber of Commerce, Southwest Region
Recognition in Appreciation for Inspiration and Leadership
------------------------------------------------------------------------
2002 Philadelphia Dragon Boat Association, U.S. National Champions,
2002 Team USA Recognition for Support of Philadelphia Chinatown
Community
------------------------------------------------------------------------
2002 Pan Asian Association of Greater Philadelphia Recognition for
Service to Americans
------------------------------------------------------------------------
2002 Asian Pacific American Community of Greater Philadelphia
Appreciation for Dedicated Service
------------------------------------------------------------------------
2002 Chinese Consolidated Benevolent Association, Council of Presidents
Appreciation for Service to Chinese Community
------------------------------------------------------------------------
2002 Fort Smith, AR Recognition as Honorary Citizen
------------------------------------------------------------------------
2002 Court TV Women Superstars Award at 3rd Annual Award Breakfast
------------------------------------------------------------------------
2002 National Association of Hispanic Federal Executives Recognition
for Leadership Supporting Diversity in Federal Workforce
------------------------------------------------------------------------
2002 Syosset High School NY Award for Alumni Distinction
------------------------------------------------------------------------
2002 Nassau County NY Legislature Citation Syosset Alumni Award
------------------------------------------------------------------------
2003 Vision New America, Inc. Award for Excellence in Leadership
------------------------------------------------------------------------
2003 International Leadership Foundation (ILF) Lifetime Achievement
Award
------------------------------------------------------------------------
2003 Center for Women's Business Research Leading by Example Award
------------------------------------------------------------------------
2003 Women's National Republican Club Special Recognition Award
------------------------------------------------------------------------
2003 Asian American Federation of California 2003 Public Service Award
------------------------------------------------------------------------
2003 U.S. Department of Labor--2003 Mine Rescue First-Aid Bench and
Preshift Contest Award (Louisville, KY)
------------------------------------------------------------------------
2003 MANA, A National Latina Organization HerMANA Award
------------------------------------------------------------------------
2003 Korean Churches for Community Development Award for Service to
America and the Asian American Community
------------------------------------------------------------------------
2003 Sergeants' Benevolent Association of New York City Police
Department Sergeants' Benevolent Award
------------------------------------------------------------------------
2004 Fraternal Order of Police President's Award
------------------------------------------------------------------------
2004 Institute for Corean-American Studies Liberty Foundation (ICAS)
2003 Liberty Award
------------------------------------------------------------------------
2004 Women's Business Enterprise National Council Applause Award
------------------------------------------------------------------------
2004 Chinese-American Chamber of Commerce of New Jersey Honor of
Distinction Award
------------------------------------------------------------------------
2004 National Association of Asian American Professionals Award for
Support of Asian American Community and Commitment to Public
Service
------------------------------------------------------------------------
2004 Asian Pacific American Institute for Congressional Studies
(APAICS) Recognition of Political Milestone, ``Decade of Firsts''
------------------------------------------------------------------------
2004 Women's Business Center 2004 Public Sector Entrepreneurial
Visionary Award
------------------------------------------------------------------------
2004 U.S. Chinese Bankers Alliance Recognition for Generous Support
------------------------------------------------------------------------
2004 Pittsburgh Lifesciences Greenhouse Recognition for Commitment to
Ensuring Opportunities to Better Prepare U.S. Workers
------------------------------------------------------------------------
2004 Seaman's Church Institute of New York and New Jersey Silver Bell
Award for Service to the Maritime Community
------------------------------------------------------------------------
2004 Cultural Development Center/Plainview Chinese School of Long
Island, NY American Dream Award
------------------------------------------------------------------------
2004 Thurgood Marshall Scholarship Fund Recognition for Commitment to
Adults and Youth with Disabilities, Community Leadership
------------------------------------------------------------------------
2004 Sergeants' Benevolent Association of New York City Police
Department Heroism Award
------------------------------------------------------------------------
2004 American Society for Competitiveness Award for Promotion of Global
Competitiveness
------------------------------------------------------------------------
2004 Chinese American Citizens Alliance, Houston, TX Lodge Recognition
for Dedication to Public Service
------------------------------------------------------------------------
2004 Allies Building Community, Inc. & The Chinatown Steering Committee
Public Service Award
------------------------------------------------------------------------
2004 Small Business & Entrepreneurship Council (SBE) Small Business
Advocate of the Month Award
------------------------------------------------------------------------
2005 Independent Women's Forum Woman of Valor Award
------------------------------------------------------------------------
2005 National Ethical Coalition of Organizations Foundation, Inc.
(NECO) 2005 Ellis Island Medal of Honor
------------------------------------------------------------------------
2005 Pitney Bowes Honor for Commitment
------------------------------------------------------------------------
2005 XXI Magazine 2004 Communicator Award
------------------------------------------------------------------------
2005 Richard G. Lugar Excellence in Public Service Series (Lugar
Series) Excellence in Public Service Award
------------------------------------------------------------------------
2005 Asian American Pacific Islander Inaugural Ball Committee
Recognition for Dedicated Service to Asian Americans
------------------------------------------------------------------------
2005 League of United Latin American Citizens (LULAC) Outstanding
Leadership Award
------------------------------------------------------------------------
2005 Alabama State Senate Recognitions for Contributions as Secretary
of Labor
------------------------------------------------------------------------
2005 Fraternal Order of Police Exemplary Service Award
------------------------------------------------------------------------
2005 Sing Tao Daily Pioneer Award at 40th Anniversary Gala
------------------------------------------------------------------------
2005 Fukienese American Unity Association Inc. Recognition for Service
to Chinese Community
------------------------------------------------------------------------
2005 Korean Community Service Center of Greater Washington Recognition
for Commitment to the KCSC & Asian American Community
------------------------------------------------------------------------
2005 U.S. President George W. Bush Presidential Quality Award for
Management Excellence
------------------------------------------------------------------------
2005 Asian Job Service Employer Committee Pinnacle Award for
Outstanding Leadership
------------------------------------------------------------------------
2006 Recognition on Washingtonian Magazine's The List of the Top 100
Most Powerful Women
------------------------------------------------------------------------
2006 City of Baton Rouge, LA Mayor Melvin ``Kip'' Holden Recognition as
Honorary Mayor
------------------------------------------------------------------------
2006 City of Baton Rouge, LA Recognition as Honorary Citizen &
Designation of ``Elaine L. Chao Day''
------------------------------------------------------------------------
2006 KY--Organization of Chinese Americans, KY Chapter & Asian Pacific
American Community of Greater KY Pioneer Award
------------------------------------------------------------------------
2006 Houston Asian Chamber of Commerce Distinguished Achievement Award
at 11th Annual Gala
------------------------------------------------------------------------
2006 National Association of Hispanic Publications & Foundation
Outstanding Leadership Award
------------------------------------------------------------------------
2006 The American Legion Recognition in Appreciation of Service
------------------------------------------------------------------------
2006 Clare Boothe Luce Policy Institute Conservative Leadership Award
------------------------------------------------------------------------
2006 LULAC National Convention Recognition of Achievement as Secretary
of Labor
------------------------------------------------------------------------
2006 LULAC National Convention President's Citation Award
------------------------------------------------------------------------
2006 U.S. Department of Commerce Ronald H. Brown Leadership Award
------------------------------------------------------------------------
2006 Chinese American Academic and Professional Society Outstanding
Public Service Award
------------------------------------------------------------------------
2006 Chen Kung University Alumni Association of Greater New York 2006
Distinguished Special Achievement Award
------------------------------------------------------------------------
2006 KY--Henry Clay Society Distinguished Service Award
------------------------------------------------------------------------
2006 National Urban League National Public Service Award
------------------------------------------------------------------------
2007 League of United Latin American Citizens (LULAC) National
Legislative Award at 10th Annual Awards Gala
------------------------------------------------------------------------
2007 National Association of Hispanic Publications Recognition of
Commitment to Latinas
------------------------------------------------------------------------
2007 Asian Pacific American Institute for Congressional Studies
(APAICS) Distinguished Lifetime Achievement
------------------------------------------------------------------------
2007 U.S.-Mexico Chamber of Commerce Good Neighbor Award
------------------------------------------------------------------------
2007 Society of Asian Federal Officers 2007 Person of the Year Award
------------------------------------------------------------------------
2007 Fraternal Order of Police (FOP) President's Award
------------------------------------------------------------------------
2007 International Mine Rescue Conference Recognition for Leadership in
Support of U.S. Mine Rescue Teams
------------------------------------------------------------------------
2007 Paralyzed Veterans of America Recognition for Public Service
------------------------------------------------------------------------
2007 Assoc. of Chinese Scientists & Engineers Recognition for
Outstanding Service
------------------------------------------------------------------------
2008 Latina Style Image of Ana Maria Arias (founder of the magazine)
Recognition for Exceptional Contribution to the success of the
Latina Style 50
------------------------------------------------------------------------
2008 Chinese Consolidated Benevolent Association, Council of Presidents
Outstanding Leader Award
------------------------------------------------------------------------
2008 Cuban American Federation Leadership Award
------------------------------------------------------------------------
2008 U.S. Department of Homeland Security, Citizenship & Immigration
Services American by Choice Award
------------------------------------------------------------------------
2008 Asian American Hotel Owners Association Leadership Award
------------------------------------------------------------------------
2008 Phoenix Satellite Television Personality of the Year Award
------------------------------------------------------------------------
2008 Asian American Government Executives Network (AAGEN) Excellence in
Public Service Inaugural Award
------------------------------------------------------------------------
2008 Lung Kong Tin Yee Association of Phoenix, AZ Recognition as
Secretary of Labor
------------------------------------------------------------------------
2008 Who's Who in Asian America 2008 Legacy Award
------------------------------------------------------------------------
2008 City of Westminster, CA Recognition as Honorary Citizen
------------------------------------------------------------------------
2008 National Asian Peace Officers Association 2008 National Public
Servant Recognition Award
------------------------------------------------------------------------
2008 KY--City of Paducah, KY Recognition as Duchess of Paducah
------------------------------------------------------------------------
2008 Council on Competitiveness Recognition for Contributions to
American Competitiveness
------------------------------------------------------------------------
2008 U.S. Asia Institute Recognition of Distinguished Public Service in
building U.S. Asia Relations; Given at U.S. Asia Institute 30th
Anniversary Gala
------------------------------------------------------------------------
N/A Chinese Language Plaque (Texas)
------------------------------------------------------------------------
N/A KY--University of Louisville Alumni Association Recognition as
Adopted Alumni
------------------------------------------------------------------------
N/A Vietnamese Fishermen Association of America Recognition for
Support of HR 4009
------------------------------------------------------------------------
N/A U.S. Department of Labor Voluntary Protection Plan Recognition for
Support of DOL Voluntary Protection Plan (VPP)
------------------------------------------------------------------------
N/A RightNOW Star Award for Inspiration to Women
------------------------------------------------------------------------
N/A KY--City of Middlesboro, KY Recognition as Honorary Citizen
------------------------------------------------------------------------
N/A KY--Henderson, KY Mayor Recognition as Honorary Citizen
------------------------------------------------------------------------
N/A League of Korean Americans--USA Woman of the Year Award
------------------------------------------------------------------------
N/A PACE Union Local 5-550--Paducah, KY Recognition of Leadership in
Department of Labor's Implementation of the Energy Employees
Occupational Illness Compensation Program Act of 2000
------------------------------------------------------------------------
2010 KY Society of Washington 2010 Henry Clay Distinguished Kentuckian
Award
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2010 KY Federation of Rep. Women to ELC Lifetime Achievement Award
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2010 Museum of Chinese in America Heritage and Family Award to honor
Dr. James S. C. Chao and Mrs. Ruth Mulan Chu Chao
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2011 Woodrow Wilson Center Woodrow Wilson Award for Public Service
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2014 National Dropout Prevention Network Crystal Star Award for
Lifetime Achievement for National Impact
------------------------------------------------------------------------
2015 Georgetown University Honorary Degree from McDonough School of
Business
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2015 U.S. China Policy Foundation Award--Outstanding Achievement Award
in Public Service
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2016 National Taiwan Ocean University Honorary Degree, Doctor of Law
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16. Please list each book, article, column, or publication
you have authored, individually or with others. Also list any
speeches that you have given on topics relevant to the position
for which you have been nominated. Do not attach copies of
these publications unless otherwise instructed.
Articles and Op-Eds
``A Return to Prosperity is Light Years Away if We
Follow Obama's Road Map''
Gazette Xtra; September 7, 2009
``Anti-Trade Agenda a Real Economy Killer''
The Heritage Foundation; April 10, 2009
Embracing her old Kentucky home
Politico
November 7, 2013
Procrastination no longer an option
The Hill
December 5, 2012
Concentrate on Needs of Employers
The New York Times
November 8, 2012
Winter of recovery not likely with current policies,
inaction on taxes
The Heritage Foundation
July 11, 2012
Government and Industry Must Invest
The New York Times
July 9, 2012
Demand More than ``New Normal'' (co-authored with
Douglas Holtz-Eakin)
National Review
May 3, 2012
Our Best Diplomats: Women in the Peace Corps
Time Magazine
March 19, 2012
Americans Are More Generous Than We Think
Time Magazine
January 5, 2012
Remembering Pearl Harbor
The Washington Times
December 6, 2011
The Best Recession Protection: Education
Time Magazine
November 29, 2011
America's jobless ask: Where's the recovery?
The Hill
July 21, 2011
All Americans Need 401(k) Loan Insurance
Roll Call
June 7, 2011
Statement on the passing of Matthew K. Fong, American
Patriot and National Leader
ElaineLChao.com
June 2, 2011
A Day of Reckoning for Public Pensions: The bills are
due, the coffers are empty
The Christian Science Monitor
October 1, 2010
Another Unhappy Labor Day
The Wall Street Journal
September 2, 2010
How to Get America Back to Work
The Daily Beast
January 10, 2010
Where the Workers Are
Wall Street Journal
December 9, 2003
A Return to Prosperity is Light Years Away if we Follow
Obama's Road map
McClatchy-Tribune News Service
September 7, 2009
Left-Wing Proxy Playz
The Washington Times
August 16, 2009
Obama Tries to Stop Union Disclosure
The Wall Street Journal
May 6, 2009
Topic A--The Next 100 Days
The Washington Post
April 26, 2009
Topic A--The Employee Free Choice Act
The Washington Post
April 12, 2009
Anti-Trade Agenda a Real Economy Killer
The Chicago Tribune
April 10, 2009
Two Steps Back on Labor Rights
The Wall Street Journal
March 21, 2009
Our Workers Deserve Secret Ballots
Wall Street Journal
January 14, 2009
Will Obama's Labor Department Help or Hinder Recovery?
The Wall Street Journal
January 1, 2009
The Coming Assaults on America's Competitiveness
Townhall Magazine
December 1, 2008
Defining Democracy Down
The Wall Street Journal
July 20, 2007
Secret Ballot Under Fire for American Worker
The Chicago Tribune
March 1, 2007
Rescuing Your Retirement (co-authored with John Snow
and Carlos Gutierrez)
New York Times
November 21, 2005
Helping America's Remarkable Workforce Meet its
Challenges
Des Moines Register
September 27, 2005
Utilize Some Well-Trained Talent; Give a Returning
Veteran a Job
Atlanta Journal-Constitution
September 5, 2005
Honoring Promises Made to Workers
Seattle Post-Intelligencer
February 15, 2005
We Must Win Fight Against AIDS
Augusta Chronicle
November 29, 2004
New Overtime Rules Protect U.S. Workers
Kansas City Star
August 24, 2004
Women Becoming a Powerful Voice
Miami Herald
March 15, 2004
Challenges in Africa
Louisville Courier-Journal
February 1, 2004
A Chance for Health Care Coverage
Lexington Herald-Leader
September 1, 2003
The IRS v. The People--Chapter 11 ``Why the Flat Tax
Will Boost Charitable Giving''
The Heritage Foundation
1999
Speeches
Conferral Ceremony of National Taiwan Ocean University
Keelung--October 16, 2016
American Action Forum Panel on Social Commerce--
November 19, 2015
Taipei Economic and Cultural Office in New York--March
2, 2012
Speech at National Maritime Day Celebration, Baltimore,
Maryland, May 22, 2008
Workforce Innovations 2007, Kansas City, Missouri--July
17, 2007
U.S. Merchant Marine Academy Alumni Foundation Dinner,
New York, New York, September 27, 2006
Speech at National Maritime Day, Propeller Club,
Washington, D.C.; May 22, 2006
Speech at Women Entrepreneurship in the 21st Century;
April 3, 2003
1989
International Business Association, Long Beach,
California; February 24, 1989
1988
Women's Propeller Club of New York, New York; January
14, 1988
American Association of Port Authorities, San
Francisco, CA; September 13, 1988
National Export Traffic League of New York; September
23, 1988
National Customs Brokers and Forwarders Association of
America Washington, D.C., September 27, 1988
Western Cargo Conference, Vancouver, B.C.; October 7,
1988
National Transportation Industrial League, Dallas,
Texas; November 16, 1988
1987
Computer--Aided Operations Research Center (CAORF)
Privatization Ceremony Rings Point, New York; May 16,
1987
The Propeller Club, Port of New Orleans, New Orleans,
LA; May 23, 1987
Admiral King's Farewell Washington, D.C.; June 5, 1987
WWS Ports and Terminals Conference New York, NY; June
18, 1987
Society of Marine Consultants (Delivered for Elaine L.
Chao by Patricia A. Connell); October 6, 1987
1986
National Conference of State Legislators, Anchorage,
Alaska; May 31, 1986
Seminar on U.S. International Liner Trades, Cambridge,
Massachusetts; June 4, 1986
Gulf Regional Meeting of USMMA Alumni Houston, Texas;
June 21, 1986
National Defense Transportation Association, Tampa,
Florida; October 1, 1986
Maritime Administrative Bar Association Washington,
D.C.; November 13, 1986
17. Please identify each instance in which you have
testified orally or in writing before Congress in a
governmental or non-governmental capacity and specify the date
and subject matter of each testimony.
2001
January 24--Committee on Health, Education, Labor and
Pensions
Confirmation as Secretary of Labor
March 6--Senate Subcommittee on Labor, HHS, Education
Appropriations
Ergonomics rule
April 25--Senate Subcommittee on Labor, HHS, Education
Appropriations
Ergonomics
October 16--House Committee on Education and the
Workforce
Economic Recovery and Assistance to Workers
2002
February 6 and 7--House Committee on Education and the
Workforce
ENRON collapse: implications for worker
retirements
February 13--House Subcommittee on Labor, HHS,
Education Appropriations
FY 2003 budget request
March 21--Senate Subcommittee on Labor, HHS, Education
Appropriations
FY 2003 budget request
April 18--Senate Committee on Health, Education, Labor
and Pensions
Ergonomics
May 8--House Subcommittee on Labor, HHS, Education
Appropriations
FY 2003 budget request
2003
February 5--Senate Committee on Small Business
Association Health Plans
February 12--House Education and the Workforce
Economic Recovery and WIA Reforms
March 5--House Committee on Small Business
Association Health Plans
March 12--House Committee on Ways and Means
FY 2004 budget request
April 9--Senate Subcommittee on Labor, HHS, Education
Appropriations
FY 2004 budget request
April 10--House Subcommittee on Labor, HHS, Education
Appropriations
FY 2004 budget request
2004
January 20--Senate Subcommittee on Labor, HHS,
Education Appropriations
Overtime regulations
February 12--House Subcommittee on Labor, HHS,
Education Appropriations
FY 2005 budget request
March 4--House Committee on Ways and Means
FY 2005 budget request
April 28--House Committee on Education and the
Workforce
Overtime regulations
2005
March 5--Senate Subcommittee on Labor, HHS, Education
Appropriations
FY 2006 budget request
March 16--House Committee on Ways and Means
FY 2006 budget request
March 17--House Subcommittee on Labor, HHS, Education
Appropriations
FY 2006
October 18--Senate Committee on the Judiciary (with
Secretary Chertoff)
Immigration reform
2006
February 16--House Subcommittee on Labor, HHS,
Education Appropriations
FY 2007 budget request
April 6--House Committee on Education and the Workforce
(with Secretary Spellings)
American Competitiveness
2007
March 28--Senate Subcommittee on Labor, HHS, Education
Appropriations
FY 2008 budget request
April 26--House Subcommittee on Labor, HHS, Education
Appropriations
FY 2008 budget request
2008
March 6--House Subcommittee on Labor, HHS, Education
Appropriations
FY 2009 budget request
May 7--Senate Subcommittee on Labor, HHS, Education
Appropriations
FY 2009 budget request
2009
January 21--House Republican Forum on President Obama's
Labor Agenda
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you
have been nominated, what in your background or employment
experience do you believe affirmatively qualifies you for
appointment to the position for which you have been nominated,
and why do you wish to serve in that position?
I believe my background makes me well suited to be U.S.
Secretary of Transportation. My previous government service,
including serving as U.S. Secretary of Labor, Deputy Secretary
of Transportation, Chairman of the Federal Maritime Commission,
Deputy Maritime Administrator at the U.S. Department of
Transportation, and transportation banker at two financial
institutions, have prepared me not only for the management
challenges of a large Federal department, but also for the task
of providing leadership and developing legislation and
regulatory programs that will enhance transportation safety and
infrastructure for our country.
19. What do you believe are your responsibilities, if
confirmed, to ensure that the department/agency has proper
management and accounting controls, and what experience do you
have in managing a large organization?
The head of any agency has the ultimate responsibility for
ensuring the integrity of the agency's mission and its
resources. A first step in fulfilling this responsibility is to
identify, recruit and hire the best people possible for the
positions that will be open in the incoming Administration to
help lead the organization. It would be expected that the
leadership team will work together to foster an environment of
mutual respect and open communications, to flag any problems or
issues for our collective attention before they get out of
hand, and to work together to seek the appropriate approvals of
major decisions and policies. It has been my experience as a
manager and leader to cultivate a collaborative and open
management environment. As can be seen from my background, I
have an MBA and significant experience in leading large complex
organizations. Under my leadership, the U.S. Department of
Labor achieved record results in protecting the health, safety,
wages, and retirement security of the Nation's workforce. As
President and Chief Executive Officer of United Way of America,
I worked with the Board and local United Ways to restore public
trust and confidence in one of our Nation's premier charitable
institutions after it had been tarnished by financial
mismanagement and abuse. Good stewardship of the people's
resources has always been, and will continue to be, my highest
priority.
20. What do you believe to be the top three challenges
facing the department/agency, and why?
A top priority for DOT is to maintain a culture of good
stewardship on behalf of the American people. This means
effective enforcement of safety measures; getting the most
benefit from the Department's expenditures including
strengthening its planning and acquisition practices; and
preparing for the future by considering new technologies in our
infrastructure. Second, given the Nation's need to improve
critical infrastructure, it is important to find ways to
expedite the process of making repairs and building new
constructions and decreasing the regulatory burdens when
appropriate. With or without a new infusion of funds, it is
necessary to look at the existing processes for infrastructure
development and find more efficient ways to address bottlenecks
in planning and permitting. Third, with so many needs
everywhere in the country, a big challenge will be to strive
for equity between urban and rural areas, among different modes
of transportation, and other competing but equally deserving
stakeholders.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred
compensation agreements, and other continuing dealings with
business associates, clients, or customers. Please include
information related to retirement accounts.
News Corporation: The Deferred Stock Units to which Nominee
is entitled will be paid in cash upon separation from the
board, which is anticipated to be January 2017. The amount that
Nominee will receive will be based on the stock price of News
Corporation at the time of separation; the value at October 31,
2016, based on the then-current stock price, was --------.
Wells Fargo & Company: The Directors' Stock Compensation
and Deferral Plan (DSC) to which Nominee is entitled will be
paid in cash, at periods determined by annual elections that
she has made. The amount paid will be based on the underlying
shares and the current stock price of Wells Fargo & Company at
the time payment is made. The aggregate value of the DSC awards
at November 30, 2016, based on the then current stock price,
was, payable in these approximate amounts and dates, and
assuming separation from the board in January 2017: July 2017--
48 percent; March 2018--29 percent; March 2019--15 percent;
March 2020--4 percent; and March 2021--4 percent. For the
portion of DSC units that hasn't been redeemed, Nominee will
continue to receive DSC equivalents for dividends on the
company's common stock.
Delta Airlines: Nominee is entitled to discounted air fare
on Delta Airlines as a result of her service on the board of
Northwest Airlines.
Vulcan Materials: The Deferred Stock Units (DSU) to which
Nominee is entitled will be paid in cash the April following
the year of separation. Assuming separation in January 2017,
the payment would be made in April 2018, based on the then-
current market price of the company's common stock. Nominee
will continue to receive DSU equivalents for dividends on the
company's common stock until the DSUs are redeemed. The value
of the DSUs at October 31, 2016, based on the then-current
stock price, is --------. Although 57 percent of the DSUs are
not vested, the board has the authority to grant full vesting.
Ingersoll-Rand: The Directors' Retainer Stock Unit Plan
(RSU) will be paid in cash upon separation from the board,
which is anticipated to be in January 2017. The amount that
Nominee will receive will be based on the company's stock price
at the date of separation; the value at November 30, 2016,
based on the then-current stock price, was --------.
2. Do you have any commitments or agreements, formal or
informal, to maintain employment, affiliation, or practice with
any business, association or other organization during your
appointment? If so, please explain. No.
3. Indicate any investments, obligations, liabilities, or
other relationships which could involve potential conflicts of
interest in the position to which you have been nominated.
None.
4. Describe any business relationship, dealing, or
financial transaction which you have had during the last ten
years, whether for yourself, on behalf of a client, or acting
as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have
been nominated. None.
5. Describe any activity during the past ten years in which
you have been engaged for the purpose of directly or indirectly
influencing the passage, defeat, or modification of any
legislation or affecting the administration and execution of
law or public policy. None.
6. Explain how you will resolve any potential conflict of
interest, including any that may be disclosed by your responses
to the above items.
If there is any conflict of interest, the nominee will
follow the recommendation of the OGE.
c. legal matters
1. Have you ever been disciplined or cited for a breach of
ethics, professional misconduct, or retaliation by, or been the
subject of a complaint to, any court, administrative agency,
the Office of Special Counsel, professional association,
disciplinary committee, or other professional group? If yes:
a. Provide the name of agency, association, committee, or
group;
b. Provide the date the citation, disciplinary action,
complaint, or personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint,
or personnel action;
d. Provide the results of the citation, disciplinary
action, complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or
held by any Federal, State, or other law enforcement authority
of any Federal, State, county, or municipal entity, other than
for a minor traffic offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are
or were an officer ever been involved as a party in an
administrative agency proceeding, criminal proceeding, or civil
litigation? If so, please explain.
1. LClass of Dole Food Co. shareholders v. Directors--filed
June 2013 in Delaware Court of Chancery; alleged breach
of fiduciary duty by directors; Case dismissed against
the directors
2. LClass of Dole Food Co. shareholders v. Directors--filed
June 2013 in California Superior Court; alleged breach
of fiduciary duty by the directors; claims stayed,
dismissed.
3. LAs a director of Wells Fargo Bank, the nominee was named
in multiple derivative Wells Fargo shareholder lawsuits
filed between September and November 2016 in the U.S.
District Court for the Northern District of CA, and in
state Superior Court in San Francisco; this litigation
alleges breaches of fiduciary duty for certain banking
practices and remains in early procedural stages.
4. Have you ever been convicted (including pleas of guilty
or nolo contendere) of any criminal violation other than a
minor traffic offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of
sexual harassment or discrimination on the basis of sex, race,
religion, or any other basis? If so, please explain. No.
6. Please advise the Committee of any additional
information, favorable or unfavorable, which you feel should be
disclosed in connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies
with deadlines for information set by congressional committees?
Yes.
2. Will you ensure that your department/agency does
whatever it can to protect congressional witnesses and whistle
blowers from reprisal for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with
requested witnesses, including technical experts and career
employees, with firsthand knowledge of matters of interest to
the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you
may be reasonably requested to do so? Yes.
Attachment
Brief Bio of Elaine L. Chao
Elaine L. Chao served as the 24th U.S. Secretary of Labor
from 2001-2009 and is the first Asian American woman to be
appointed to a President's Cabinet in American history.
Secretary Chao has a distinguished career in the public,
private and nonprofit sectors. An immigrant who arrived in
America at the age of eight speaking no English, she received
her citizenship at the age of 19. Secretary Chao's experience
transitioning to a new country has motivated her to devote most
of her professional life to ensuring that everyone has the
opportunity to build better lives.
As Secretary of Labor, she focused on increasing the
competitiveness of America's workforce in a global economy and
achieved record results in workplace safety and health.
Prior to the Department of Labor, Secretary Chao was
President and Chief Executive Officer of United Way of America,
where she restored public trust and confidence in one of
America's premier institutions of private charitable giving
after it had been tarnished by financial mismanagement and
abuse. As director of the Peace Corps, she established the
first programs in the Baltic nations and the newly independent
states of the former Soviet Union. Her government service also
includes serving as Deputy Secretary at the U.S. Department of
Transportation, Chairman of the Federal Maritime Commission,
Deputy Maritime Administrator at the U.S. Department of
Transportation, and White House Fellow specializing in
transportation and trade in the Office of Policy Development.
She has also worked in the private sector as Vice President of
Syndications at Bank of America and transportation banker at
Citicorp.
Secretary Chao earned her MBA from the Harvard Business
School and an economics degree from Mount Holyoke College.
Honored for her extensive record of accomplishments and public
service, she is the recipient of 36 honorary doctorate degrees.
A popular speaker on jobs, the economy, and America's
global competitiveness, Secretary Chao is Distinguished Fellow
at the Hudson Institute. She was also a Distinguished Fellow at
the The Heritage Foundation. An active volunteer, she currently
serves on a number of nonprofit and corporate boards.
The Chairman. Thank you, Secretary Chao. Before we begin
our questions, I want to ask unanimous consent to put 20
letters of support for Secretary Chao into the record. They
come from a diverse group of stakeholders ranging from first
responders and transportation infrastructure groups to labor
and shippers.
Without objection, it's so ordered.
[The information referred to follows:]
The Chairman. Secretary Chao, I think I counted at least a
half a dozen references to working with Congress, and more
specifically, to working with this Committee in your testimony.
I know you appreciate the importance of cooperation between the
branches of our government. Nevertheless, these hearings give
us an opportunity to underscore that point.
So if confirmed, will you pledge to work collaboratively
with this Committee and provide thorough and timely responses
to our requests for information as we work together to address
transportation policy?
Secretary Chao. I'll look forward to working with this
Committee and also the Congress on all these issues of concern.
The Chairman. Planes, trains, and automobiles are
particularly important in a rural state like South Dakota,
where long distances often separate people from economic hubs,
the markets for their goods, and even hospitals.
Secretary Chao, I appreciated your recognition of the need
and challenge of achieving equity between urban and rural areas
in your top priorities for the Department, and as a Senator
from the state of South Dakota, this balance is especially
important to me and to my constituents.
The FAST Act struck a careful balance to ensure that we
appropriately invested in both urban and rural infrastructure
critical for connecting the country, supporting mobility
options for all Americans, and moving agricultural,
manufactured, and other essential products to the market. To
what extent do you see the funding allocations in the FAST Act
as providing a framework for thinking about potential
allocations under any infrastructure proposal put forward by
the administration?
Secretary Chao. I think the President-elect's vision for an
infrastructure proposal is ambitious and forward-looking, and
comprehensive. We will be starting a task force and a process
to address these issues. The FAST Act was a tremendous
accomplishment by the last Congress. And there are many, many
other financing options which should be considered as well. And
we would hope that as we go into the future, that we'll also be
creative, innovative, and consider all options as well because,
as mentioned, the government does not have the resources to
address all the infrastructure needs within our country, so all
of us need to put our best thinking forward as to how to
address the aging infrastructure.
The Chairman. Would you strive also to try and strike the
balance or achieve the balance when it comes to funding
allocations between urban and rural areas that was accomplished
in the FAST Act?
Secretary Chao. Absolutely. I've lived on the East Coast,
and the West Coast. I now live in Kentucky. I'm very, very
familiar with the balance that needs to be kept between the
urban and the rural areas.
The Chairman. Another area of importance for South Dakota
and for a lot of the Members on this Committee is the
availability of reliable and affordable commercial air service,
which has the ability to allow access to and from
geographically isolated areas of the country to hubs in
metropolitan areas. And while it's a convenience for travelers,
commercial aviation is something that often helps communities
attract businesses, create jobs, and spur economic development.
Various factors have altered the market, and unfortunately,
in some cases, threatened or eliminated access to commercial
aviation for rural communities. If confirmed, what will you do
to improve commercial aviation connectivity to rural
communities?
Secretary Chao. Rural communities are a critical part of
our country, and their access to affordable and easy air
service is an issue and something that we have talked about in
many, many ways over the years. So I look forward to working
with the Congress on continuing the EAS program and finding
ways in which we can improve it as well.
The Chairman. New technologies, I mentioned in my opening
remarks, like autonomous vehicles, have the potential to
improve our transportation system by saving lives, increasing
mobility, and improving fuel economy. The Department has begun
developing a framework for autonomous vehicles, as you noted in
your testimony, but the Federal role is still at a very early
stage of development.
So I welcome your goal of making the Federal Government a
catalyst rather than an impediment for technologies that
improve safety and efficiency. If confirmed, how will the
Department, under your leadership, keep pace with evolving
advanced technologies and foster innovation?
Secretary Chao. Innovation and creativity is a hallmark of
America. We are famous throughout the world because of the
ingenuity and creativity that we have shown, and we have led
the world on so many fronts because of the new technologies
that our country has been able to pioneer. We are now seeing
the advent of autonomous vehicles, artificial intelligence,
smart cars, and also drones.
While the benefits are very much known, there are also
concerns about how they will continue to develop. And I will
work with this Committee and the Congress to address many of
these concerns, but we need to do so in a way that will not
dampen the basic creativity and innovation of our country.
The Chairman. Thank you, Secretary Chao.
Senator Nelson.
Senator Nelson. Mr. Chairman, I want to welcome the four
new Members on the Democratic side. They have certainly helped
the ratio of male to female that you talked about: Senators
Baldwin, Duckworth, Hassan, and Cortez Masto. And I hope to
announce the Ranking Members of the Subcommittees very shortly.
I'm just going to ask one question. I want to give our
Members the opportunity to ask about the plethora of subjects
that this Committee handles, and then I'll do any cleanup at
the end.
The question of privatization of air traffic control. The
opposition of DoD. The fact that whereas the business
roundtable supports the privatization, there is dissention
within that organization. On the other side, the Aerospace
Industries Association opposes privatization. Do you want to
offer any of your thoughts on this?
Secretary Chao. I would like to get confirmed first.
[Laughter.]
Senator Nelson. Oh.
Secretary Chao. Obviously, this is an issue of great
importance and this is a huge issue that needs to have national
consensus, and for that national consensus to occur, there
needs to be a dialogue, a great discussion, a national
discussion. The administration has not made a decision on this
point, and I expect that come January 20, this will be one of
the issues in which the White House will be determining the
position of the administration.
I am open to all ideas. I'm very cognizant of those who are
in favor of it. I'm also very cognizant of those who are
concerned about the safety aspects of it.
Senator Nelson. OK.
Secretary Chao. So I will obviously work with the Congress
and also with this Committee on all those issues.
Senator Nelson. Well, in view of your answer, let me just
say that we will collaborate extensively----
Secretary Chao. Yes.
Senator Nelson.--with you with regard to this. And it is so
important that we get a full FAA reauthorization, a multiyear.
The Chairman and I worked it out where we would get basically
one year and get a number of important things etched into law
in that bill, but for the certainty of the airline industry in
the future, for the future of the next generation of air
traffic control, et cetera, we need this multiyear FAA
reauthorization bill, and there is a huge contention between
the House and the Senate over this issue of privatization. So
we will be consulting with you and collaborating and
communicating with you extensively on this.
Thank you, Mr. Chairman.
Secretary Chao. I look forward to it.
The Chairman. Thank you, Senator Nelson.
Senator Wicker.
STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Madam Secretary, I think most Members of
this Committee are delighted that you have been chosen for this
position. I think you'll be confirmed with a nice bipartisan
vote. And I think we'll be consulting and collaborating with
you on a wide variety of issues because you have quite a bit of
jurisdiction.
I think what I heard you say with regard to Senator
Nelson's question is if we're going to make a major change, as
has been proposed, then there needs to be a national consensus
on that and that there needs to be more of a national
conversation. And certainly I appreciate your assurances that
Congress will be consulted on this, so I appreciate that.
I would also simply like to underscore that in response to
Senator Thune's question about rural America, you expressed
support for the essential air service. And I would just use
part of my time today to say I think the point there that I
would underscore in endorsing your statement, Madam Secretary,
is that it is a bargain for job creators and economic
developers in the United States to have this assurance. And so
I appreciate hearing that from you.
I would like to just touch briefly on three other things,
and those would be the Federal Contract Tower Program, the
Merchant Marine Academy, and the Jones Act.
Now, with regard to the Federal Contract Tower Program,
this has been one of the FAA's most successful Government-
industry partnership programs, and it is critical to air
traffic control safety in 253 smaller airports, including 7 in
my home state of Mississippi.
What are your plans to ensure that this program would enjoy
strong bipartisan and bicameral support in Congress, continues
to provide these important air traffic control services for our
traveling public and our small airports?
Secretary Chao. I would hope to work with the Congress.
Obviously, I've always done that in the past. This is a very
important issue. I look forward to working with you on it.
Senator Wicker. OK. Well, I look forward to a continuing
conversation on that also.
Now, as you may know--and I think we had this conversation
when you came by early on for a visit, which I appreciated--I'm
a member of the Board of Visitors at the Merchant Marine
Academy. This has been one of the finest collegiate degrees a
young American man or woman could receive in the United States
of America. And we've had some bumps and hiccups along the way.
On January 6, I was pleased to learn that Secretary Foxx
has lifted the suspension of the Sea Year on commercial vessels
for students--for midshipmen--at the Merchant Marine Academy. I
want to encourage you to continue efforts to ensure the
integrity of this critical training program for our future
Merchant Marine mariners.
The Merchant Marine Academy is operating also under a
warning with regard to accreditation. Now, this is unimaginable
to me based on where this Academy has been historically in
terms of academic achievement. The accreditation warning
presents a serious risk.
I hope you have plans. And my question to you is, Will you
make it a priority, Madam Secretary, to ensure that the Academy
will stay on track to address the cited deficiencies prior to
the April 2018 deadline? And will you agree with me that the
alumni of this fine institution have a lot of knowledge and
wisdom that they can impart to us, as Government policymakers,
in this regard?
Secretary Chao. Senator Wicker, during my courtesy visit
with you, you were very concerned about this issue, and I
listened very carefully to what your concerns are, which you
echoed once again here today. I have been to Kings Point when I
was Deputy Maritime Administrator. I know the facility very
well. This is a huge issue, and I can assure you that if
confirmed, this will be the first issue that I take up at
MARAD.
Senator Wicker. Well, thank you very much. And then just
briefly, because my time is fleeting, a vitally important part
of our maritime industry is the Jones Act, which this Committee
has jurisdiction over. I hope you will be a strong supporter of
the Jones Act and advocate for our domestic maritime sector, as
a bipartisan majority of this Committee has always done.
Secretary Chao. The Jones Act is the law of the land, and
it will be obeyed, unless the Congress changes its mind on
that.
Senator Wicker. Thank you.
The Chairman. Thank you, Senator Wicker.
Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman.
And welcome and congratulations on your nomination. I think
we had a chance to discuss the state of Washington and how
rapidly it is growing, how the fact that being a gateway to the
Pacific has made our transportation system one of the key
cornerstones of our economic success, that our state and local
governments are making strategic investments. In 2014,
Washington businesses, though, lost $800 million because of
congestion. And we have very challenged infrastructure issues.
For the third consecutive year, Sea-Tac is the fastest
growing airport in the United States. In the last 3 years, the
passenger volume has increased by 32 percent. Railroads are
moving over 105 million tons of freight each year; Sound
Transit is the fastest growing light rail service in the
country; the Northwest Seaport Alliance, the largest cargo
center; and our GDP in the state grew by 3 percent compared to
the Nation as a whole, which was 2.5; and Washington employment
grew 3.5 percent, the fastest in the Nation, adding 109,000
jobs in 2016.
So we have growth, we have an economic engine, but we
desperately, desperately, desperately, desperately need the
infrastructure investment.
So I listened to your words very carefully as you phrased
out ways in which to get that infrastructure investment. I'm
all for creativity. I would say that our last transportation
bill stretched us to the limits. There are no more SPRO dollars
to get for infrastructure investment, and so it is very
important that we move forward.
So I just have a couple of questions. You can just answer
yes or no. It's not trick yes or no questions, it's more just
trying to get a sense of what you will prioritize as far as
funding.
So do you support the legislation that this Committee
passed that was implemented, the Freight Act and funding
FASTLANE Grant programs to move freight more cost effectively
through the United States and continuing to fund that program?
Secretary Chao. In concept, of course we want to make sure
that freight is moved efficiently. It adds to the productivity
of our country, it's good for the economy.
As for the second part of your question, I'm not quite sure
yet because I've not been briefed on what the current situation
is, but if confirmed, I'll be more than glad to do that.
Senator Cantwell. OK. When it comes to the FAA, my
colleague mentioned this, so I just want to be clear. Do you
support coming up with additional funding, however it works
out, do you support a new infrastructure investment in our
airports?
Secretary Chao. We need more resources to build, repair,
refurbish our infrastructure, including those that relate to
the aviation sector, yes.
Senator Cantwell. OK. I mentioned Sound Transit, one of the
fastest growing commuter systems in the country. There are
projects that are already in the pipeline. Do you support
continuation of those projects? And you mentioned creativity,
one of the things that they've been able to use is the Master
Credit Agreements so that they can get more affordable loan
rates. Are those the kinds of programs you would support for
Sound Transit?
Secretary Chao. At this point, if I'm confirmed, I need to
take a look at those projects. There are many projects that are
on the books, and there are different reasons why some are
faster, some are slower. So I need to take a look at what is
happening with each of those projects.
Senator Cantwell. OK. I would like to follow up with you,
if I could, on that in writing to see if we can get an answer
to that.
Secretary Chao. Of course.
Senator Cantwell. And then when you and I visited, I
mentioned this issue of the volume of crude by rail going
through the state of Washington, extraordinary growth rates of
trains that have every city in my state concerned about the
volatility of this product.
Department of Energy and DOT are working on an analysis of
the volatility of that product. Will you continue to support
that research?
Secretary Chao. You and I have talked about this at length.
The prospect of having these products go through urban areas is
of great concern. But, again, until I'm confirmed and I have an
opportunity to be briefed on all of these, it would be
premature for me to say anything at this point.
Senator Cantwell. OK.
Secretary Chao. But I will work with you on this.
Senator Cantwell. Well, I definitely came here very
interested in your nomination and very enthusiastic about the
prospects of a former cabinet member moving over to focus on
something that has been very, if you will, administrations
sometime choose someone of the opposite party just because of
the bipartisan nature of transportation. And so I would hope
that you could look at some of these----
Secretary Chao. Absolutely.
Senator Cantwell.--and give me a more specific answer. I'm
not trying to box you in as much as the main debate for my
state right now is, are we going to fund infrastructure
investment? And so we need to know that you are going to step
up and say yes to that and work creatively with us to find
those solutions.
Secretary Chao. The way you have just phrased the question,
absolutely.
Senator Cantwell. OK.
Secretary Chao. Yes.
Senator Cantwell. But the specifics you have----
Secretary Chao. I do need to--if I'm confirmed, I do need
to take a look at the specifics.
Senator Cantwell. OK. I'm going to send you a few more in
writing.
Thank you so much, Mr. Chairman.
Secretary Chao. Thank you.
The Chairman. Thank you, Senator Cantwell.
Senator Blunt.
STATEMENT OF HON. ROY BLUNT,
U.S. SENATOR FROM MISSOURI
Senator Blunt. Thank you, Chairman.
Secretary Chao, it's wonderful to have you here. I think--I
don't know that any other Committee will have somebody that
goes through this process this year who has already been
confirmed four times, so far without a dissenting vote on the
Senate floor. You're in the process of setting a record that it
will be hard for anybody else to meet in the future.
We had a chance to work together when you were at the
Department of Labor, the Secretary of Labor. I thought you did
a tremendous job there, but one of the things I liked best
about your focus there was on compliance even more than on
enforcement. And I wonder if you would talk a little bit about
that theory of trying to get people into compliance as a
principal focus rather than the heavy hand of enforcement as
your first place to go.
Secretary Chao. A lot of times, the rules and regulations
can be very confusing. And so the government, whether it be at
the Federal, State, or local levels, I believe has a
responsibility to engage in outreach to help the regulated
community understand what is required of them. This benefits
not only those who are being protected, which is the sole
criteria, of course, but also it builds a culture, for example,
of safety that benefits those who are being protected because
workers alone cannot protect themselves, they need the rules
and regulations and the laws, they need the cooperation of the
government, they also need the cooperation of their employers.
But working together, by making it very clear what the
obligation of the employer is and how best to understand the
plethora of Federal, local, state and local regulations to make
it transparent and easily understandable, that's the best way
to protect workers, and that was the philosophy in compliance
that we followed.
Senator Blunt. You know, I think another area that comes
into that immediately, too, all of our appropriate discussions
on infrastructure--and, you know, in Kentucky and Missouri,
really transportation is our greatest advantage. The rivers
come together, the highways come together, the rail systems
come together, and obviously not as dependent on geography, but
air as well. But I think it's really important that we now be
thinking intermodally how all of those things work.
And I believe 10 years from now we'll look back at this
moment where world food demand is going to double in 3 or 4
decades, and such great economic opportunities, and either
think it was a good thing we got started right now looking at
that intermodal opportunity or, why didn't we do that?
And I'm wondering what your thoughts are as to the inland
port structure, the rail structure, and the highway structure,
how those things, along with air, come together.
Secretary Chao. Intermodality is a concept that has been
discussed since the 1970s, and as we've progressed since then,
we've improved many aspects, but not nearly enough. We still
have sectors of the economy, different modes of transportation,
viewing each other as competitors, whereas we should all be
working together in an integrated intermodal system.
And so as we consider the infrastructure of the future, we
need to focus more on how different modes of transportation can
be seamless partners and service deliverers to provide a more
efficient and productive transportation system for the benefit
of the consumer, the shippers, and overall quality of life for
our country.
Senator Blunt. I think that competitive model where we're
all trying to figure out how we compete as a country by making
intermodal transportation work more effectively is a much more
realistic model than thinking of each transportation mode
individually: trucking, barge, and rail. It's how you use this
whole system in a way that makes us as competitive as we need
to be and can be.
And one last thought on streamlining, which you've
mentioned. You know, in both the last highway bill and the
railroad bill, we've created some opportunities where you're
working in existing space for a more fast-tracked process that
lets you go ahead and improve that rail spur, that rail line,
that bridge that's already standing there. Just a few minutes
on your thoughts on streamlining that regulatory process to get
things done.
Secretary Chao. If I'm confirmed, I think one of the major
things that I will be looking at is the issue that you
discussed and also the intermodal compatibility and interaction
that can occur. We are seeing more cooperation between the
different modes of transportation, but, again, more needs to be
done. Part of it is the lack of Federal resources and resources
to improve our infrastructure, but all of that is connected to
the question that you have raised. And, again, if confirmed,
that would be an issue that we would be having with this
Committee and the Congress on how to improve the situation.
Senator Blunt. Thank you, Secretary.
Thank you, Chairman.
The Chairman. Thank you, Senator Blunt.
Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Mr. Chairman.
And congratulations on your nomination, and we're excited
to work with you going forward. I'm not going to pose an exact
question about infrastructure except to say how important it is
in our state. We are the state that had the 35W Bridge collapse
in the middle of that summer day. It got rebuilt with good
bipartisan work in a year. It was my first few years in the
Senate, and I'll never forget that. And I've been devoted to
this issue of infrastructure ever since.
I've joined with Senators Warner and Blunt on their
proposal for financing authority. And as Senator Cantwell has
pointed out, there are a lot of ideas out there, and I was
heartened by the fact that the President-elect listed this as a
number one issue on election night, which all of America saw.
So I'm hoping that we can come together on something that makes
sense to up our infrastructure in our country, which would
include broadband. And a number of the Members here are members
of our broadband caucus. I'm one of the co-chairs, and you and
I discussed that.
But I thought I would get to some specific questions. First
some air questions. Both Democratic and Republican
administrations have pursued an expanded Open Skies agreement
to provide U.S. consumers, carriers, and airports with more
choice, access to new destinations. I'm concerned that recent
actions by some companies, like Norwegian Air International,
and some countries, like the UAE and Qatar, are undermining our
Open Skies agreements, hurting American workers, because of the
way they're financing their airlines.
Could you work with me on this to make sure that our
American airline workers aren't harmed by unfair competition
from abroad? Competition is great, but not when it's not an
even playing field.
Secretary Chao. Thank you for offering that. I look forward
to working with you on this important issue, if confirmed.
Senator Klobuchar. Thank you very much. The first item on
the NTSB's list of most wanted safety improvements for 2016 was
reducing fatigue-related crashes. We have all seen a number of
horrific crashes in the last few years, including Colgan Flight
3407. We have worked really hard on this issue for passenger
flights. Senator Boxer, who is no longer with our Committee, as
she retired, and I worked on a bill with Captain ``Sully''
Sullenberger, from the ``Miracle on the Hudson,'' involving
cargo flights and having some rules in place that make sure
that their pilots are flying safe.
Secretary Chao, do you share my commitment to increasing
aviation safety, working on this cargo issue, and continuing to
have this as a priority?
Secretary Chao. I look forward to working with you on all
these issues if I'm confirmed.
Senator Klobuchar. OK. Thank you. You and I also talked
about the general aviation. Minnesota is home of Cirrus in
Duluth. We make small jets. It's an expanding industry with a
lot of exports nationally, and Senator Murkowski and I passed a
bill, we finally got the rules done, to speed up the approval
process for their safety additions, and I'm hoping you will
continue to help us. It's an important manufacturing industry
to America.
Secretary Chao. If confirmed, I look forward to working
with you on that.
Senator Klobuchar. OK. So now we go to snowmobiles. You
know, we've got to end good here. The Recreational Trails
Program, it's extremely important. It funds off-highway
vehicles, snowmobiles, and non-motorized trail uses. It's one
of these issues where we've actually had the cross-country
skiers and the bicyclists working with the motorized vehicles.
It derives its funding from gas taxes paid by off-highway
vehicle users when they fill up their machines. And I hope that
you will work with us going forward on that issue as well. It's
maybe not the first thing you thought of when you got up this
morning, but that's been a very--a positive program for
recreational use.
Secretary Chao. I look forward to working with you on it.
Thank you.
Senator Klobuchar. OK. Last, just thoughts on rail safety.
We have got a lot of issues in our state. You and I talked
about the fact that we are at this hub where the oil is coming
in from North Dakota and some from Canada, and we're glad that
we've had more production in our country, but that, combined
with the biofuels, we've had a number of derailments. I look at
Senator Baldwin in Wisconsin as well. And just your thoughts on
that, rail safety.
Secretary Chao. Rail safety is number one. There is no
question about that. And so safety will continue to be the
number one priority and responsibility of the Department of
Transportation. And if confirmed, I look forward to working
with you--we've talked about this during our courtesy visits--
and with all Members of the Committee and the Congress on this
very important priority.
Senator Klobuchar. OK. Thank you.
Secretary Chao. Thank you.
Senator Klobuchar. And I will put some questions on the
record on distracted driving. I've been leading those efforts,
and we've had some success. It's a very hard issue, but overall
nationally, a 7 percent increase in traffic fatalities from
2014 to 2015. Secretary LaHood, actually this was one of his
top priorities when he was in, and I hope that we can
reinvigorate those efforts and make this a top priority.
Secretary Chao. Thank you.
Senator Klobuchar. Thank you.
The Chairman. Thank you, Senator Klobuchar.
Senator Fischer.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Mr. Chairman.
Welcome, Madam Secretary. It is a pleasure to see you
today, and I want to add my congratulations on your nomination.
I appreciated you coming in for a private meeting that we
had in our office, and I thought we covered a variety of
issues, and I just want to touch on a few of those today with
you.
Of course, on everybody's mind is the Highway Trust Fund.
When you hear the President-elect speak about infrastructure
and putting money into infrastructure, part of that, I would
assume, would go to the Highway Trust Fund. We are looking at a
shortfall of $107 billion over the next 5 years following the
expiration of the FAST Act. And what are your thoughts on
addressing that long-term solvency of the Federal Highway Trust
Fund?
Secretary Chao. The Highway Trust Fund is in bad shape.
Because of the declining miles--because of the increased miles
per gallon that cars normally get, the gas tax, which was 90
percent of the funding of the Highway Trust Fund, is not as
great a funding source as it used to be. And the Fund annually
spends $47 billion, takes in $37 billion, that's a $10 billion
deficit every year. You can't make that up on volume.
So this is a huge issue. And the pay-fors for any
infrastructure proposal are all challenging and all have their
particular champions and also detractors.
So once again, if confirmed, I look forward to working with
this Committee and also the Congress on this priority, among
the top priorities, of this President-elect. And the Highway
Trust Fund will go bankrupt by 2021 if we don't do something.
So we all know this.
Senator Fischer. Yes. Yes. This is an issue I worked on in
my state as a state senator. We were successful in thinking
outside the box on some policy issues, and in a couple weeks,
we'll be putting forward a proposal here to start that
conversation on how we're going to be funding our highways.
Another thing that I've worked on in this Committee,
Secretary Chao, is addressing and reduce the growing number of
those unnecessary regulations that we face. And during the last
Congress, the Subcommittee on Surface Transportation, that I
chaired, held nearly 20 hearings and events on how best that we
can keep goods moving across this country and do so safely. So
I was pleased to be able to have language in the FAST Act to
reform the Federal Motor Carrier Safety Administration's
regulatory process by making it more transparent and responsive
and open to input from our stakeholders.
I would ask you, what do you think is the best way that we
can keep passengers and freight moving across our system? And
how do you plan to approach looking at regulations that many
consider to be a burden on how we are moving goods and people
across this country?
Secretary Chao. You and I had a long conversation during
our courtesy meeting, which I'm very grateful that you granted,
about many of the transportation issues in your state, and it
was very clear from your career in the past, as part of the
state legislature, that you are quite an expert on all of these
transportation issues yourself. So it was a real benefit for me
to learn from you and hear your points and also see your
passion for protecting the interest of your state.
What was your question? I'm so sorry.
Senator Fischer. How are we going to----
Secretary Chao. Oh, the regulations. Sorry. So on the
regulations, I think the great challenge for all regulators is
to balance the ultimate goal obviously of safety, but also to
make sure that the regulations that are enacted are based on
sound science, on true data, and that the underlying analysis
is solid. That is the best way that we protect consumers and
passengers.
Senator Fischer. Right. I agree with you on that. Another
point, we're looking at shortages with regards to commercial
truck drivers, with airline pilots, and that has a direct
impact, not just on our transportation system, but on our
country as a whole, when we're not able to move people, when
we're not able to move and see products and see commerce grow.
So I look forward to working with you on that as well.
My time is up. But I thank you for being open to all of the
issues that your portfolio is going to encompass when you take
over the Department as the new Secretary. Thank you.
Secretary Chao. Thank you.
The Chairman. Thank you, Senator Fischer.
Senator Moran.
STATEMENT OF HON. JERRY MORAN,
U.S. SENATOR FROM KANSAS
Senator Moran. Mr. Chairman, thank you very much.
Elaine, welcome to the Committee. Robba joins me in
offering our congratulations to you on this nomination.
Secretary Chao. Thank you.
Senator Moran. And while I've always been an admirer of
your abilities, it's your nieces that I'm most admiring this
morning. They are well behaved, apparently are seemingly
attentive to what's being said here, and perhaps the only
people in the audience that seem to be interested in what
Members of the U.S. Senate are saying.
[Laughter.]
Senator Moran. So I appreciate the suggestion that what
we're saying is of interest to them, and I would commend your
sister and her husband for raising apparently good daughters,
so congratulations to your family as well.
Secretary Chao. Thank you.
Senator Moran. Senator Nelson raised the topic of
privatization of air traffic control. One of the justifications
that's been used, and I'm very concerned with that
privatization, so I join Senator Nelson in that regard, but one
of the justifications that proponents of that privatization
have utilized is the failure of the FAA to in a timely manner
implement NextGen, to bring the latest technologies and safety
to our air traffic control system, and the knock is that by the
time the Department of Transportation completes its work on
NextGen, its technologies will already be outdated.
So my question is maybe you can help us eliminate one of
the reasons that people advocate for privatization by telling
us how we could have faster, quicker, more efficient
implementation of technologies designed to improve our air
traffic control system and the safety that it provides.
Secretary Chao. When I was Deputy Secretary in President
George H.W. Bush's administration, and the organization of the
air traffic control was a huge issue then. A lot has changed, a
lot has been done, but more needs to be done. Obviously, as
times change and the lag in the ability of the organization to
keep up with the modernization that is required, this is a huge
issue.
I am very much aware of those who are for it, those who are
against privatization. I know that you, with your state of many
general aviation interests, have not been a proponent.
We need to have a national discussion about this. And so I
look forward to working with the Congress, especially with the
FAA reauthorization bill coming up on September 30 of this
year, on addressing many of these very important aviation
issues if I'm confirmed.
Senator Moran. Well, Ms. Chao, I appreciate that, and am
certainly interested in working on the privatization issue. I
would just reiterate my belief that one of the ways we can
diminish the demand for a different air traffic control system
is to get the technology in place necessary for the latest
updated advanced air traffic control system even under its
current governance structure.
You're right. Wichita, Kansas, is the air capital of the
world. We manufacture more general aviation aircraft than any
place in the country, and that would give me the opportunity to
highlight the importance of something that's developing today,
and that involves the certification process, the method by
which we get new aircraft to market. And getting that done in a
timely fashion enables Wichita, Kansas, and our manufacturers,
and the aerospace and aviation industry in our country to
compete in a global market.
Reforms that encourage the full use of Organization
Designation Authorization, ODAs, is important to us, meaning
that it is moving in a direction of self-certification. The FAA
has been helpful in recent times in accomplishing that, and I
would bring that issue to your attention.
The FAA and industry are moving toward a risk-based safety
oversight approach, and I would encourage you to encourage the
FAA to continue that process so that we can get the latest
technologies in our manufacturing sector utilized, new products
in the market, and better able to compete in a global economy.
Any reaction or response?
Secretary Chao. I would certainly hope to do that. Yes,
thank you.
Senator Moran. I appreciate that. I would only mention
because, as was indicated earlier by one of my colleagues, as
the clock has already turned to red that his time was fleeting,
my time is fleeting. And I would be interested in visiting with
you because the Subcommittee that I've chaired on this
Committee in the past dealing with the vehicle-to-vehicle
technology, and we have jurisdiction over NHTSA, and we look
forward to working with you and hearing your views on how we
can implement safety in the latest technologies.
There seems to be a theme here in my conversation, which is
technology provides us great advantages, and we want to work
with you to see that it is readily available to the industry
and to the consumer.
Secretary Chao. I look forward to working with you if
confirmed.
Senator Moran. Thank you, ma'am.
The Chairman. Thank you, Senator Moran.
And following up on that point, I think the reason that
there has been such a discussion about FAA and reform is
because the promised benefits of NextGen have not been
realized.
Secretary Chao. I understand.
The Chairman. And there is plenty of documentation to that
effect. And you've indicated an open mind about how to proceed.
I have an open mind, too. But it's going to require that we
work together. And it's certainly important that travelers,
taxpayers, and people in the aviation stakeholder community
realize the benefits of this and make sure they're getting a
good return on the billions that have already been spent.
Senator Nelson. And, Mr. Chairman, let me just chime in on
that issue. What we're doing with NextGen is we're basically
going to have air traffic control off of satellites instead of
radars, and as a result, you can vector an aircraft much more
efficiently to its designated airport. At the same time,
aircraft can be aware of each other so that you've got real-
time awareness in air traffic control in the cockpit. The
technology is there, we just need to implement it. And those
contracts are being vigorously performed in the FAA. I just
wanted to add that, Mr. Chairman.
The Chairman. Senator Nelson.
Senator Blumenthal is back.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you very much, Mr. Chairman.
Welcome, Ms. Chao, and thank you for your past service. I
look forward to working with you. And I might just say,
although Senator McConnell has left, he and I have something in
common, which is we both married above ourselves.
[Laughter.]
Senator Blumenthal. And my wife, Cynthia, is a friend and
admirer of yours. And welcome to our Committee.
Secretary Chao. Thank you.
Senator Blumenthal. I look forward to working with you on
issues that concern investment in infrastructure. You and I
have talked a little bit about the need to modernize and
upgrade our deteriorating railroads and bridges.
We see this issue particularly in Connecticut on our roads
and bridges, but also the safety and reliability and speed of
our rail system, which needs to be significantly improved, and
that requires real investment, public resources, not just tax
credits.
And you and I have talked about the need for a public-
private partnership. I hope that we can work together to make
that happen and build a bipartisan consensus in favor of it, as
I think is very possible.
I also think that safety in our other kinds of
transportation is very important. As you well know, a lot of
the recommendations made by the agencies that will be under
your jurisdiction very simply have not been implemented
according to the latest numbers from the National
Transportation Safety Board. There are hundreds of open safety
recommendations, 305 at the Federal Aviation Administration, 61
at the Federal Railway Administration, 91 at NHTSA. These
recommendations are essentially potentially life-saving for
people who are affected by them, and the agencies have failed
to fulfill recommendations.
And so my first question to you is, What are your plans to
close those recommendations and make sure that they are
implemented?
Secretary Chao. As mentioned, safety is a top priority of
the Department. If confirmed, one of my first tasks will be to
get briefed on all of these outstanding issues, and I look
forward to working with you and your Committee on all of this.
Senator Blumenthal. I know there's a tendency sometimes to
be dismissive about these kinds of recommendations. I hope that
you will make them a priority.
Secretary Chao. If confirmed, I will look at them very
seriously.
Senator Blumenthal. And make sure that they are
implemented, because I know you're a doer, and these
recommendations need doing.
Let me turn to one of the areas where technology is
tremendously important. You mentioned technology in your
opening statement. Positive Train Control, not a new
technology, it has been around for many years. The deadline for
implementing it was 2015, which then was extended until 2018,
over opposition from a number of us, including myself, and,
again, you and I have talked a little bit about it. Would you
plan to make sure that that deadline is fulfilled and that, in
fact, Positive Train Control, which is a life-saving
technology, is implemented by 2018?
Secretary Chao. If confirmed, I hope to get briefed on
this, and if there's a deadline, as you mentioned, of that
particular date, I would look at it very seriously. And, again,
I want to get an up-to-date briefing on what's going on, on
that, and I did promise you that I would do that.
Senator Blumenthal. You had promised.
Secretary Chao. Yes.
Senator Blumenthal. And I hope the promise again is not
just to be briefed, but also to take action, because we've seen
in the Northeast, the consequences of the failure to implement
it in a number of the rail catastrophes that have happened, at
Spuyten Duyvil in Pennsylvania, and others where these
disasters could have been stopped with Positive Train Control.
One last question relating to the plan recently issued by
the Federal Railway Administration, which would in fact reroute
some of the rail going through Connecticut in bypasses, through
areas like Old Lyme, where they would have disastrous effects
on the environment, culture, historic landmarks, and quality of
life.
I would ask your commitment that you will review this plan
and change it in response to the overwhelming outcry from
people in Connecticut that the recently implemented FRA plan
simply is unworkable, and it is also unaffordable.
Secretary Chao. You and I have spoken about this before
during our courtesy visit, and I will certainly review this
very carefully if confirmed.
Senator Blumenthal. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Blumenthal.
Senator Schatz and Senator Sullivan.
STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
Senator Schatz. Thank you, Mr. Chairman.
Thank you, Secretary Chao, and thank you to your family for
their commitment to public service and their commitment to you.
This morning was historic, at least for me; it was the first
time I saw Leader McConnell hug anyone.
[Laughter.]
Secretary Chao. I'm glad it was me.
[Laughter.]
Senator Schatz. So, Secretary Chao, we have a serious
safety crisis on our roads. More than 35,000 people died in
crashes in 2015. As Senator Klobuchar mentioned, that's a 7
percent increase over the previous year, and the largest
increase in 50 years. The early estimates show that that number
will surpass 40,000 in 2016.
And these are not just car-on-car accidents, we're also
failing those that walk along the roads. In 2015, 10 percent of
all roadway deaths were pedestrians. Seniors are 50 percent
more likely than other pedestrians to be struck and killed by a
car, and this problem is particularly bad in the state of
Hawaii, where we have the unfortunate distinction of having the
highest rate of pedestrian fatalities among our elderly in the
country.
These deaths are preventable. They're preventable through
the implementation of best practices. Senator Heller and I have
worked on the implementation of Safe Streets, and we worked
with the current Secretary of Transportation to try to get
metropolitan planning organizations, departments of
transportation services, and state departments of
transportation to implement Safe Streets.
Do we have your commitment to work on pedestrian safety and
the implementation of a Safe Streets agenda?
Secretary Chao. We've talked about this as well. I look
forward to working with you on that if confirmed.
Senator Schatz. Thank you, Secretary. Following up on
Senator Wicker's question regarding the Jones Act. It is
bipartisan consensus, as you know. It's the foundation of the
domestic U.S.-Flag maritime industry. And it is also essential
to our national security. U.S.-Flag Vessels and American
Merchant Marines support our warfighters, transporting medical
supplies, food, and other cargo to troops in combat.
The military's confidence in a fleet of U.S.-Flag ships to
move cargo to troops deployed in places like Iraq and
Afghanistan allow the Navy to save limited cargo space for
weapons, fuel, and other essential goods, and that's why every
Secretary of Defense, every Secretary of the Navy, for
generations has supported the Jones Act, and with the usual
caveats.
But understanding that you have a unique role as the former
MARAD Administrator, former Deputy of Transportation, and the
former Secretary of Labor, and your private sector experience
in the shipping context, can you talk about the importance of
the Jones Act from both a national security standpoint and from
an economic security standpoint?
Secretary Chao. The Jones Act is a very important program
that secures national security. We have seen two wars now in
the last 25 years. I'm of an age where I have seen two wars in
pivotal areas of the world. If we did not have the Merchant
Marine assets to assist the great halls on these campaigns, the
military naval campaigns, our country would not have been able
to supply our troops, bring the necessary equipment. All of
that is not done on the gray bottoms, gray hull bottoms, but,
rather, Merchant Marine bottoms.
This is an area that I'm very familiar with, and I have
great interest in as well. And the national security provided
by the Merchant Marine fleet of this country is part of the way
that we are able to be effective overseas and protect this
country. So I am a great proponent of the U.S.-Flag Merchant
Marine fleet.
Senator Schatz. Thank you very much. And my final question
is just following up on our conversation during our courtesy
visit. Hawaii is the most isolated populated place on the
planet, and so our unique geography and topography, the fact
that we're an island state, means that our maritime needs, our
aviation picture, our broadband infrastructure needs, and our
surface transportation needs are different, and not dissimilar
to Senator Sullivan's unique situation, representing the state
of Alaska.
We would just ask for your continued understanding both as
we're crafting statutes, but also as you make rules, and also
as you interpret existing rules and statutes, and even
procedures, to understand that every place says they are
different, and that is only true in Hawaii and Alaska.
[Laughter.]
Secretary Chao. We've talked about this, and I appreciated
your sharing with me the concerns of your state. I look forward
to working with you.
Senator Schatz. Thank you very much.
The Chairman. Thank you, Senator Schatz.
Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman.
And, Madam Secretary, congratulations. I certainly agree
with the Chairman that you are an ideal candidate for this
position. My wife, Julie, sends her congratulations as well.
Secretary Chao. Thank you.
Senator Sullivan. And I want to begin by thanking you for
your exceptional service to our Nation. When you look at your
background, it's just remarkable what you've done for this
country.
And I also just want to mention that you and your family,
including your nieces, are a great example for all Americans,
and I hope a lot of people are watching to hear the story of
your family. It's very powerful.
I appreciate your focus on modernizing the transportation
system, but I really want to emphasize that it's going to be
very difficult to do that without modernizing the Federal
Permitting System. And you and I have had the opportunity to
discuss some of these challenges, but just last year in a
hearing in this Committee, we had the head of the Seattle
Airport, Sea-Tac Airport, when he talked about it took 4 years
to build the new runway at Sea-Tac, but 15 years, 15 years, to
get the Federal permits to start building.
There are stories all across the country that I know you're
familiar with. In Alaska, we've had many nightmare scenarios.
It took 20 years almost to permit a gold mine in my state.
And, you know, our country used to be the envy of the world
in terms of building infrastructure projects responsibly on
time. The 1,500-mile Alaska-Canada Highway was built in under a
year, and now in America it takes on average 6 years to get a
permit for a bridge.
So if we're looking at infrastructure, the major
infrastructure initiative, which I support, if we're not also
undertaking major Federal permitting, I think that we're not
going to be successful in our infrastructure initiative. Do you
see this as a major problem, and will you work with us both
from your regulatory authority standpoint and legislation that
we would undertake here and on the EPW Committee to try to
address this?
Secretary Chao. Yes, I would. Senator, you wrote a very,
very good article in the Wall Street Journal about this
particular issue, and what we hear from many investors and
outside interests, just various stakeholders, is the
duplicative and bureaucratic permitting that sometimes may
occur. We want to make sure that the regulatory process works,
but that also means getting rid of some of the redundancies and
some of the unnecessary burdens.
So you've certainly been a leader on that, and I look
forward to working with you.
Senator Sullivan. Well, we look forward to working with you
as well. I would note that both the EPW Committee former
Chairman Inhofe and Chairman Thune, we're all very committed to
that.
One other area--and we want to work with you. And in that
Wall Street Journal op-ed that you mentioned, I appreciate you
commenting on that, but we are working on a major permitting
reform bill called the ``Rebuild America Now Act,'' and I
certainly look forward to working with you and the rest of the
Trump administration on those kind of permitting reforms.
One other area I just wanted to mention, we have all these
opportunities with regard to energy in this country. We're once
again the world's energy superpower, and yet the Obama
administration has clearly politicized and delayed the
permitting of pipelines. The Keystone XL pipeline took 8 years
until the President finally pulled the plug on that. And the
irony is, is that pipelines are much more safe than delivering
by rail.
So can we get your commitment to help us streamline the
permitting of pipelines and to depoliticize what has become a
very politicized permitting process with the current
administration on that important area of permitting?
Secretary Chao. I look forward to working with you on this
issue, as we've discussed, if I get confirmed.
Senator Sullivan. Thank you. And, finally, I will turn a
little bit, as Senator Schatz had mentioned, to talk about
Alaska and some of the rural areas. You know, we're a very
resource-rich but infrastructure-poor state.
At almost 600,000 square miles of land, Alaska is more than
two and a half times the size of Texas. We like to say in
Alaska, if you split Alaska in two, Texas would be the third
largest state in the country. But we only have 10,400 miles of
paved roads compared to Texas, which has 313,000. Another
comparison, Alaska is 118 times the size of Connecticut, but we
have less than half the roads that Connecticut has.
So if confirmed, will you commit to come to Alaska with me
to meet with my constituents to help us address the unique
challenges and opportunities with regard to infrastructure,
roads, bridges, pipelines in Alaska that are not only important
to my constituents, but really important to the Nation?
Secretary Chao. I would be delighted to. In our courtesy
meeting, Senator, you mentioned how important your office is in
terms of convening important stakeholders to address these
issues. And I'll be more than glad to help convene and also to
help and to participate in those as well.
Senator Sullivan. Great. Thank you. Thank you again for
your great service to our country.
The Chairman. Thank you, Senator Sullivan, and the newly
minted Chairman of the Ocean Subcommittee. So we're all for
more roads in Alaska.
Next up is Senator Peters followed by Senator Inhofe.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Mr. Chairman.
Secretary Chao, it's great to have you here. And I'll
concur with my colleagues that it's a privilege to have you
testifying before us today.
Secretary Chao. Thank you.
Senator Peters. I also appreciate your story and your
family's story. It's a true American story and shows the power
of immigration and how immigration has brought many wonderful
people to our shores to pursue their version of the American
dream. So thank you for being an embodiment of that.
Secretary Chao. Thank you.
Senator Peters. I also want to thank you for the time which
you spent with me in my office talking about a variety of
issues. And I think it was fairly clear at the end of the
meeting you know that I am focused primarily on automobiles,
being from Michigan, and some of the incredible things that are
going to be happening when it comes to autonomous vehicles, or
as I refer to them, as self-driving vehicles.
``Autonomous'' sounds a little sinister; it sounds like you
get in the car and it just takes you where it wants to go, it's
autonomous. You actually will tell it where to go, it's going
to drive for you, and will have incredible benefits when it
comes to things such as safety. We heard from Senator Schatz
and others.
I was just at the Detroit Auto Show before coming here. The
whole focus of that is mobility. We think, NHTSA believes, we
can eliminate nearly all auto crashes. Eighty percent of auto
crashes could be eliminated, saving tens of thousands of lives.
This is transformational technology on par with the first car
to come off of the assembly line, it's that big.
But as we talked about, it is also an area where there is
intense competition, and who gets there first with this
technology from an international perspective will have a
significant competitive advantage. We know the Asians are
moving on this very aggressively. We know the Europeans are
moving very aggressively.
We also know our American auto companies are doing a
phenomenal job. In fact, Ford Motor Company has announced that
they will have a production vehicle by 2021, a mass production
vehicle, a self-driving vehicle, available. That's roughly 5
years. We may actually see that accelerating.
So I want to just touch on a couple of issues. We know that
speed, though, is critical. And we've got tough competition, as
I mentioned, so we need to move this forward. One aspect that
we talked about is test facilities to test these technologies.
Secretary Chao. Yes.
Senator Peters. We are in a competition right now with a
number of sites around the country. There may be multiple ones
that are selected as early as next week to do this kind of
testing. I would hope that you would want to be, will be, fully
engaged after those facilities are selected to work on
collaborative ways that we can work with the Federal Government
to help industry fully use those facilities to test vehicles
and get your thoughts on that.
Secretary Chao. I would certainly want to do that.
Senator Peters. I appreciate that. And the other aspect is
Federal policy. These technologies are going at an exponential
rate. Federal policy tends to move much slower than that. Do
you have some specific ideas as to how we speed that process
up, but understanding, as you have said over and over again,
safety is paramount?
The public already will be a little bit concerned about a
self-driving vehicle, and so any kind of accidents that occur
will have a tremendous public blowback. We can't have that. The
industry doesn't want it. We certainly can't do that. But on
the same token, we need to be able to allow innovation to go
and test vehicles not just on test tracks, but getting them out
on the road. Any thoughts as to what you would be open to see
on that?
Secretary Chao. I'm very open to working with you on it.
We've talked about it. You're obviously a tremendous proponent
for your state and for the manufacturers that are in your
state. I thought it was very interesting, with Senator Heller
here as well, that you talked about testing grounds and how
sometimes snow and cold weather are actually advantages in
testing grounds.
But what we are seeing is obviously technology outstripping
the consumer ability to accept and understand some of the
technology. So I think it behooves all of us, as a country, as
a society, to bring greater familiarity and greater comfort for
those who are passengers and other stakeholders who will be
eventual users of this technology to understand the benefits,
the limitations, and also what it means going forward in the
future. So it requires a national discussion, and I look
forward to doing that with you. Thank you.
Senator Peters. Well, I will look forward to that as well.
One final question, and it's another important issue for
me. Back in 2005, following Hurricane Katrina, President Bush
and the Department of Labor, which was under your leadership at
that time, suspended Davis-Bacon provisions on Federal
contracts in the Gulf Coast. This action was very concerning to
me, as I know many others, because even a temporary suspension
of Davis-Bacon will drastically reduce wages to American
workers who are tasked to rebuild their community.
Now, I know President-elect Trump has stated that his
administration will follow a mantra of ``Buy America, Hire
America,'' and we hope that part of that mantra also means that
there are fair wages paid to those Americans who are doing that
work.
And that's why just a final question, Can you commit now to
us to the application of Davis-Bacon for all Department of
Transportation contracts issued under your leadership?
Secretary Chao. Well, Davis-Bacon is currently the law, and
unless the Congress changes that, it is the law.
Senator Peters. So the suspension we saw in the past is
not----
Secretary Chao. The suspension in Katrina was very, very
extraordinary.
Senator Peters. Right.
Secretary Chao. It was extraordinary circumstances in which
we needed to get rebuilding going at a very fast rate to enable
obviously very distressed communities to come back to life.
Senator Peters. So you support the basic foundation of
Davis-Bacon as well, and that's something you will continue to
support as Secretary?
Secretary Chao. Well, as I mentioned, Davis-Bacon is the
law, and will be the law unless the Congress changes it.
Senator Peters. Right. Well, thank you. I appreciate that.
The Chairman. Thank you, Senator Peters.
Senator Inhofe and then Senator Baldwin.
STATEMENT OF HON. JIM INHOFE,
U.S. SENATOR FROM OKLAHOMA
Senator Inhofe. Thank you, Mr. Chairman. And I say to you
and the Ranking Member that I am just delighted to be on this
Committee, and I'm looking forward to it.
You know, I think, keep thinking, last night I was with you
and your family, your daddy, how much--how popular--how excited
your daddy is right now----
[Laughter.]
Secretary Chao. Thank you.
Senator Inhofe.--thinking about the things that are going
on and that he is responsible for you and your performing. And
your cute little nieces, I guess they are, I have really
enjoyed.
Secretary Chao. Yes, Miranda and Jessica.
Senator Inhofe. Yes, yes, they're great.
[Laughter.]
Senator Inhofe. Well, anyway, but I say that because, as
you know, I've got 20 kids and grandkids. You've got some more
work to do, but that's all right.
[Laughter.]
Senator Inhofe. Let me share a couple of things with you
that perhaps even you didn't know. I think you probably did
know this. I think a lot of the Members of this Committee did
not know this, that I've been on a committee that's like this,
Environment and Public Works has a lot of jurisdiction here
also in transportation, for 21 years. Prior to that, 8 years on
the T&I Committee in the House of Representatives. So I've been
around this thing for a long time. Our biggest problem used to
be when I was in the House that we had too much surplus in the
Highway Trust Fund.
Secretary Chao. Not anymore.
Senator Inhofe. Yes. And you outlined in your opening
statement why that changed. But that was actually a fact. In
fact, I remember when Bill Clinton was first President of the
United States, he was looking for some money to rob out of some
of their accounts, and he took $16 billion out of the Highway
Trust Fund. So those days are behind us, and we can't go back
to them, but nonetheless, it's kind of fun to review the
history.
Let me share something else. And then I'm going to ask
unanimous consent that two articles be made a part of the
record this morning.
That's a UC, Mr. Chairman.
The Chairman. Without objection.
[The information referred to follows:]
Occupational Health & Safety--Jan 01, 2009
What Is Elaine Chao's Legacy?
Elaine Chao's Labor Department was busy as 2008 wound down, giving
emergency grants to a few states and touting its convictions of 15
union officials in the first two months of FY2009 and a 15 percent cut
in real terms since 2001 in the department's huge discretionary budget.
The Employee Benefits Security Administration, a DOL unit, announced a
record $11.9 billion had been recovered for pension and other employee
benefits plans during the eight years Chao has been Labor secretary.
But where was the list of safety and health accomplishments for Chao,
who took office eight years ago this month and stayed on to become the
longest-serving secretary of Labor since World War II? She again cited
the lowest U.S. injury and illness rate on record.
Here's how her bio page on www.dol.gov sums up Chao's achievements:
``During her tenure, the Department updated the white collar
overtime regulations under the Fair Labor Standards Act, which
has been on the agenda of every Administration since 1977. The
most significant regulatory tort reform of President Bush's
first term, the new regulations provided millions of low-wage
vulnerable workers with strengthened overtime protection. In
2003, the Department achieved the first major update of union
financial disclosure regulations in more than 40 years, giving
rank and file members enhanced information on how their hard-
earned dues are spent. The Department has set new worker
protection enforcement records, including recovering record
back wages for vulnerable low wage immigrant workers. The
Department has also launched comprehensive reform of the
Nation's publicly funded worker training programs, to better
serve dislocated and unemployed workers. On August 17, 2006,
President Bush signed the Pension Protection Act, which
protects the 44 million workers whose retirement security rests
upon private sector defined benefit pension plans.''
One month after Chao took office in February 2001, Congress and
President Bush repealed OSHA's ergonomics standard. She outlined her
approach in two early speeches in which the chief theme was her
interest in finding ``fresh ideas, fresh approaches, and new
partnerships to help us prepare the 21st century workforce,'' she said.
``And if we really are going to protect workers, we must put
more emphasis than ever before on prevention and compliance
assistance--rather than just after-the-fact enforcement,'' Chao
said March 6, 2001. ``Each time I approve a major fine against
a company--for safety violations that were discovered after an
accident that cost the life of an employee--I can't help but
feel a twinge that if we had just worked harder on prevention,
we wouldn't be in the impossible position of trying to
calculate the value of a lost human life.''
``So while I am committed to enforcement, I believe that the
necessary predicate to enforcement must be better prevention.
At the same time, I think the Department of Labor has a broader
mission that I believe it can fulfill: to become the Department
of the Workforce, contributing to America's economic
development by investing in its most precious capital resource:
its workers.''
Eight years later, on Oct. 2, 2008, her speech at a U.S. Chamber of
Commerce ``Labor Policy at a Crossroads'' event was devoted to
attacking the union-supported Employee Free Choice Act and urging
Congress not to embrace a European-style interventionism that tells
employers how they must provide pensions and health care to their
workers. She talked of ``fostering cooperation between employers and
workers to update technology, educate and train workers, and fill the
jobs of the new economy.''
Chao headed a cabinet department longer than anyone else during
George W. Bush's presidency, and she never backed away from his agenda.
To some within the safety and health community, that's the problem.
``It's almost gotten to the point where, is OSHA even relevant
today, and is it having any impact in the workplace?'' AIHA President
Lindsay E. Booher, CIH, CSP, asked during a December interview. ``I
think ultimately the buck has to stop with the [OSHA] assistant
secretary and the secretary. They seem to be proud of the way the
injuries have come down, and I don't know how factual those [injury
numbers] are.''
Few U.S. Labor secretaries have equaled the longevity of Chao, the
24th secretary thus far. The first person to hold the office, William
B. Wilson, served from March 6, 1913, to March 4, 1921, and the second,
James J. Davis, served almost 10 years, from March 5, 1921 to Nov. 30,
1930. The most famous secretary was Frances Perkins, who served from
March 4, 1933 to June 30, 1945--12 years, the longest tenure ever, and
through the bulk of World War II, which required the transformation of
American industry and wrought lasting changes in the U.S. workforce.
Her tenure also saw the enactment of the bedrock labor laws still in
effect, including the Fair Labor Standards Act (1938), which dictates
the minimum wage and regulates employers' use of overtime.
Chao's resume includes serving as deputy secretary at the U.S.
Department of Transportation, chairman of the Federal Maritime
Commission, and she was a Distinguished Fellow at The Heritage
Foundation before Bush nominated her to lead DOL.
She has an MBA from the Harvard Business School and an
undergraduate economics degree from Mount Holyoke College. She is
married to the U.S. Senate's Republican leader, Mitch McConnell of
Kentucky.
The Next Secretary's Priorities
President-elect Barack Obama nominated U.S. Rep. Hilda Solis, D-
Calif., to replace Chao in the new administration. Chao's successor
faces big challenges, given the U.S. economy's problems and rising
unemployment. AIHA President Booher said he'd like the new secretary to
reaffirm that health and safety excellence confers a competitive
advantage to a business--and then turn that into action by requiring
U.S. companies to write and implement their own safety and health
management plans.
ASSE voiced a similar opinion Dec. 19 and said it had discussed its
goals for the new administration's safety and health approach with the
Obama transition team. ``OSHA should encourage employers to take
proactive responsibility for safety and health through risk-based
regulatory approaches and compliance assistance resources,'' ASSE
advised. ``Europe, Japan, China and committed U.S. employers already
use such approaches. OSHA is falling behind the world in not
incorporating risk-based safety and health management approaches.''
``We've got to update the PELs,'' Booher added. ``We can't have
credibility with PELs written in 1968. That's embarrassing. This is a
political problem, not a technical problem.''
Singapore and other Asian countries are writing better exposure
standards, he noted. Asked whether the United States is world class in
safety and health, he answered, ``I think we're saying it, but we're
just not walking the talk.''
Solis' congressional record and Obama's campaign statements
indicate they will break sharply from some of Chao's priorities. Solis
supports the Employee Free Choice Act, a favorite bill of organized
labor that is anathema to employer groups. She supports equal pay for
women, ensuring health care for Latinos and other underserved
minorities, and enacting a U.S. ban on asbestos in any product. Like
U.S. Rep. George Miller, a fellow California Democrat who chairs the
Education and Labor Committee, Solis condemned DOL's December 2008 rule
changes in guest worker programs as a mean-spirited attempt to cut farm
laborers' wages and rights. (DOL said the H-2A rule changes, set to
take effect Jan. 17, protect farmworkers' wages by setting them at
local prevailing wage rates.)
Solis, who came to Congress in 2000 and won five terms, might have
been a good choice for EPA administrator. She served three terms as
chair of the Congressional Hispanic Caucus' Task Force on Health and
the Environment and was vice chair of the House Environment and
Hazardous Materials Subcommittee, which is a subcommittee of the House
Committee on Energy and Commerce.
She and Chao might agree on the necessity of training America's
workers for the 21st Century. Solis is the author of the Green Jobs Act
and will champion ``green jobs,'' as Obama has.
Senator Inhofe. All right. These articles are articles that
were very complementary to you when you had your previous
Secretary position of Labor. And they talk about how you got on
the job. I wouldn't bring this up except it's in writing here,
and on virtually the first day, you got everybody in there and
said, ``This is what we--these are our problems, these are
going to be our solutions, and we're going to stay on top of
them,'' and you never slowed down from the very beginning.
Secretary Chao. Thank you so much.
Senator Inhofe. And I would hope and would ask that you do
the same thing in this job. And I do happen to know, because
they've contacted us, that in the audience here we have people
who were strong supporters of you and worked for you during
those years. They're all gone and doing grand things now, but
they still have that allegiance and that love for you.
In fact, I have to say this, in the years that I've been
here, and that's 30 years now, I've never seen anyone come
into, get the nomination for a position, that people loved more
than you. There has got to be a reason for that.
All right. Let me--a couple of specific things that I do
want to get in, and one is we've been talking about the big
issue, the privatization, and all this. I think I might be the
only active commercial pilot on this Committee, and so I deal
with this. And on controllers, I know that there are other
options out there, as have been pointed out by the Ranking
Member, but they've done a great job, and we need to make sure
that we do this thing right.
I see as a problem, just an observation to me, my
communications normally with the general aviation community,
because I've been involved in it for so many years, but it just
seems to me that there is not a lot of communication going back
and forth, and I would just suggest, judging from your past
performance, that one of the first things you might do is get
them all in one room and talk about it. It's surprising how
sheltered people are in their own opinions. Just a thought.
What do you think about that?
Secretary Chao. Thank you very much for making that
suggestion. And obviously if confirmed, the convening power of
the Secretary of Transportation is considerable----
Senator Inhofe. Yes.
Secretary Chao.--and that certainly could be put to good
use in convening these various stakeholders to talk about an
important issue like this.
Senator Inhofe. Yes. One of the things that has not been
mentioned so far, and a lot has been mentioned during this, is
the use of drones and how significant that is now. It started
out, in my experience, with them in the House Armed Services
Committee, then the Senate Armed Services Committee. And, of
course, we had some provisions put in the FAA bill to
facilitate the use of drones, areas like pipelines and other
areas. And I know this is going to be one that is going to be
of interest to you.
One of the inhibiting factors in drones is all of the
overregulations that are there. Do you, number one, agree with
that? And do you have plans to attack these regulations pretty
quick in your service?
Secretary Chao. You know, the drones started out, as you
mentioned, with the Department of Defense. It's an emerging
technology. There are those who see the benefits of
commercializing them for various uses. It's transforming the
way we work, the way we do commerce.
There are also others who are very concerned about privacy
issues, security issues. And again, for going forward with an
emerging technology as important as this, with such vast
implications for our future, I think we need to talk about it.
We need to have, again, a national consensus on where we're
going. State-by-state patchwork is of concern.
Senator Inhofe. Right.
Secretary Chao. And what does that mean for Federal
regulation? So I look forward to working with the Committee and
also with the Congress on the issues.
Senator Inhofe. That's great. And my time is expired. So
for the record, if you would address something that hasn't been
addressed, and that is the energy infrastructure, which hasn't
really been given the attention that it should, and perhaps you
could give me your ideas, give us your ideas, for the record.
Secretary Chao. I will be glad to do so.
The Chairman. Thank you, Senator Inhofe, and welcome to the
Committee.
Senator Baldwin is up next followed by, if nobody else
shows up, Senator Capito.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you, Mr. Chairman, and I want to
thank the Chairman and Ranking Member for a warm welcome to the
Committee.
I'm delighted, Secretary Chao, that my first Commerce
Committee meeting is your confirmation hearing.
Secretary Chao. Thank you.
Senator Baldwin. Welcome, and thank you again for our visit
last week. It was helpful to start the conversation. And I
actually want to start by asking you to speak a little bit more
on a topic that we discussed when we visited, which is the
``Buy America'' rule. Simply put, I firmly believe that
American workers should build our infrastructure with American
products, and that taxpayers' money should not be spent on
Chinese or Russian steel and iron.
So here in the Senate, I have spent some time working on
including a Buy America provision in our recently passed Water
Infrastructure bill that was signed into law just a few weeks
ago. And despite broad bipartisan support in the Senate,
Speaker Ryan and the congressional Republicans pulled my Buy
America provision from the Water Infrastructure bill, as we
discussed.
Now, their position against Buy America is at stark odds
with the President-elect, who has repeated his pledge that
there will be two rules for rebuilding America's
infrastructure, quote, Buy American and Hire American.
So if confirmed, you will undoubtedly play a leading role
in implementing the President-elect's infrastructure plan. But
it's noteworthy to me that you have previously been critical of
Buy America rules. In 2009, you wrote an op-ed describing Buy
America as, ``Dig a mote around America policy.'' This is in a
Heritage Foundation op-ed. And to further quote you, you said,
``Buy America squanders America's credibility on international
trade.''
So I want to tease out how this conflict might be resolved.
And my question is, If confirmed as Secretary of
Transportation, will you stand with the President-elect and
support Buy America?
Secretary Chao. The President has made very clear his
position on this, and it is his policy, and, of course, all
cabinet members will follow his policy.
Senator Baldwin. OK. Well, that's a welcomed change and
welcomed news to me from your past writing on this topic. And I
look forward to working with you on Buy America language as we
move forward.
I do want to note that Buy America provisions have been
written into the authorizing language of several Department of
Transportation grant programs. Every single statute, however,
allows the Secretary of Transportation wide latitude to waive
the Buy America requirement if, quote, it would be inconsistent
with the public interest.
And given your past views on Buy America restrictions, I
guess I would like to hear more about how you would intend to
use that authority to waive Buy America restrictions, how you
would evaluate what is in the public interest, and under what--
my specific question is, Under what conditions would you see
granting these waivers, or will you grant them sparingly or
frequently?
Secretary Chao. I think it is premature at this point for
me to comment on any of this until I get fully briefed. I have
mentioned that Buy America is the President's priority. When
you drill down to some of the details that you talked about,
thank you so much for bringing it to my attention, I am not
fully cognizant about that. So if confirmed, I look forward to
getting briefed on all those issues.
Senator Baldwin. And I look forward to working with you in
that implementation role.
Secretary Chao. Yes, of course.
Senator Baldwin. The President-elect pledged to rebuild our
Nation's crumbling infrastructure with a trillion dollar
investment in transportation, clean water, telecommunications,
and other pressing needs, and I welcome that discussion,
especially if it includes real investments and not just tax
credits.
When we met last week, I mentioned my support for reliable
broadband infrastructure to ensure access to quality and
affordable Internet in rural communities, and we have many of
those in Wisconsin.
Additionally, it's well documented that water
infrastructure across the country is in need of repair and
upgrade, not only to avoid the failure and tragedy we
experienced in Flint, Michigan, but to also meet the growing
needs for delivering clean water to families and businesses.
We talked about the Water Council located in Milwaukee,
Wisconsin, that is working to find solutions to the Nation's
most difficult and pressing water problems, and I've introduced
reforms that encourage the development and deployment of
innovative water technology, and I believe these reforms have a
place in any bold infrastructure investment. So my colleagues
and I are eager to learn more about the scope of the
infrastructure package that you will help shape.
But my final question is, If confirmed, will you work with
me on an infrastructure package that includes real funding to
address both the infrastructure challenges and support
innovation exemplified by what is occurring in my home state of
Wisconsin?
Secretary Chao. I will be more than glad to.
Senator Baldwin. Thank you.
The Chairman. Thank you, Senator Baldwin.
Senator Duckworth has returned.
So you're up next, followed by Senator Capito.
STATEMENT OF HON. TAMMY DUCKWORTH,
U.S. SENATOR FROM ILLINOIS
Senator Duckworth. Thank you, Mr. Chairman. Let me say how
pleased I am to join you on this Committee. I am looking
forward to working with you on transportation infrastructure
and other issues that are critical to the Midwest, and to
Illinois in particular.
Secretary Chao, first let me thank you for the time you
took with me in my office earlier this week. Your commitment to
maintaining an open line of communication with me is matched by
my commitment to be helpful to you where our interests and
those of my state are aligned.
The question I have for you has to do with this new rule
from the Department of Transportation on the Metropolitan
Planning Organization consolidation rule. As we discussed in my
office, I am deeply concerned that this recent DOT rule, in
fact, it was passed December 20, at a time when you sort of
push through rules that are problematic and may have some
opposition. But it was pushed through, and it threatens to
disrupt important transportation projects in Illinois and
throughout all of the Midwest.
I appreciate that the intent of the initiative may have
been to encourage better results through regional cooperation,
but, in fact, the impact of the new mandate will have
unintended consequences for some localities and would be
absolutely disastrous for Illinois, and in particular, the
Chicagoland greater metropolitan area. If it doesn't work in
Illinois, it's hard to see how it can work for any other
metropolitan area in the Midwest and around the country.
And essentially, the MPO consolidation rule will require,
for example, the Chicago Metropolitan Agency for Planning to
merge with a similar agency in Wisconsin and Indiana, and it
would require the Governors that any Federal transportation
funding in Chicago be approved by the Governors of Indiana and
Wisconsin. The application of this rule will slow down the
delivery of important transportation projects nationwide, and
in Chicagoland, give other states huge leverage over decisions
that are best made by the local community. And the converse is
true as well for decisions that are made in Wisconsin or
Indiana or our neighboring states.
If confirmed, will you work with me to either reverse this
rule or to, at the very least, make sure that it works for
everyone, including Illinois and other metropolitan areas,
especially those near state borders?
Secretary Chao. Senator, thank you so much for that meeting
in your office, and thank you for bringing this to my
attention. So as I mentioned, if confirmed, I will be very
eager to look into this particular issue. I need to understand
it more. So I look forward to getting more briefed on MPOs, and
I look forward to, of course, working with you on it as we go
forward.
Senator Duckworth. Thank you. Thank you. The Department of
Transportation administers an important small business set
aside program for minority and women-owned Disadvantaged
Business Enterprises, commonly known as the DBE. This Federal
program serves as a guide for state departments of
transportation small business programs, and, in fact, many of
our states' departments of transportation to align directly
with whatever the Federal DOT's policies are.
Many businesses are concerned about the future of the
Disadvantaged Business Enterprise program. And as we're looking
to put significant investments into the Nation's
infrastructure, I am concerned that women-owned business
Disadvantaged Business Enterprises may not have as good an
opportunity to bid on these contracts, to bring those jobs into
the local economy, to bring those jobs into those local
enterprises and local entrepreneurs, local women-owned
businesses, if the DBE program is not emphasized.
Will you commit to working with me to reassure Illinois'
small businesses that DOT will preserve the DBE program and
ensure that if the President-elect follows through on the
promise to invest trillions in new public infrastructure
projects, small businesses, such as women-owned businesses,
minority-owned businesses, will be included in the initiative?
Secretary Chao. I've always been a tremendous supporter of
small businesses. I've been a tremendous supporter of
communities of color, of women. And when I was Secretary of
Labor, I was the only Federal cabinet Secretary to have gender
parity in the executive leadership at the Department of Labor.
So these are issues that I've worked with all my career, and I
will continue to work on them with you.
Senator Duckworth. Thank you. That is very important to me.
These entrepreneurs are especially vital in areas such as rural
Illinois because they do hire local people to work on their
contracts. They are local businesses. They are incredibly
important for areas, economically depressed areas, such as the
South Side of Chicago, East St. Louis, and the like. So I look
forward to working with you on that.
And I would like to close just by saying that I share many
of my colleague, Senator Inhofe's concerns about drones. I, in
fact, have flown not too far from here and was flying at 2,500
feet when a remotely controlled vehicle flew off the nose of my
aircraft and missed my propeller by about 2 feet. Let me just
say it scared the living heck out of me, and it should not have
been there. And so I will be monitoring the drone rules and
programs very closely myself.
But thank you for being here, and I look forward to working
with you.
Secretary Chao. Thank you.
The Chairman. Thank you, Senator Duckworth.
Senator Capito.
STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM WEST VIRGINIA
Senator Capito. Thank you, Mr. Chairman. I would like to
thank you for allowing me to join the Committee. And I want to
thank the Ranking Member as well. I look forward to serving on
this Committee.
I am very pleased to be here to see my friend, Secretary
Chao. My husband, Charlie, sends you his best and
congratulations as well, particularly because of your past
service, but also being from neighboring states. It's nice to
see a neighboring Kentuckian here today. And thank you for your
visit to my office last week.
As you recall, we recalled in that visit when you were
Secretary of Labor, you came and visited me and Senator Byrd in
West Virginia, and so I would extend another invitation for you
to visit the great state of West Virginia to talk about
transportation issues.
Secretary Chao. Thank you. I look forward to it.
Senator Capito. Great. You know, it's hard to be original
in questioning after many folks before us, great Members of
this Committee, have already asked some of the most important
questions that I had before me.
I think you and I talked about the significance, and the
Chairman mentioned this as well in his statement, of attending
to the needs of rural America in terms of transportation needs.
They are different from urban America. When I heard Senator
Cantwell mention about all the travails of congestion, it kind
of went through my mind, you know, a little congestion might be
good for a state like West Virginia because it does indicate
economic development and vibrancy, and that's what we want.
The financing part of an infrastructure package that the
President-elect would be talking about has been mentioned many
times in terms of including private investment, private
dollars. As a person who represents an almost all rural state,
like West Virginia, I'm concerned about, how are we going to be
able to incent the private dollars to go to the less populated,
less economically developed areas of our country? Because the
investments are just as important. And I wonder if you had any
thoughts on that.
Secretary Chao. Rural America needs to be more connected in
all sorts of different ways. And as we look at the national
infrastructure proposal, I think one of the great challenges
are the pay-fors, and how we are going to pay for all these
great ideas, which are so necessary to keep our country and
maintain the competitiveness of our country.
And so once again it's a huge issue that demands the best
thinking from all of us. So that's why we need to work
together. The Executive Branch needs to work very closely with
the Congress especially on how to pay for all these projects.
I might also add it's not only the pay-fors that are
important as well, but also the number of projects. And so how
do we find projects that can be funded and carried out----
Senator Capito. Right.
Secretary Chao.--in a timely way. And that should be part
of the equation, too. So thank you for asking.
Senator Capito. Thank you. We've used successfully in West
Virginia the public-private partnerships to complete projects
like U.S. Route 35. We're working on the Coalfields Expressway
and Corridor H, which comes actually directly from Washington,
D.C. I know many people who live in and around the Washington,
D.C., area that have driven on our roads in West Virginia
wonder how we could possibly need one more road because they're
all named Senator Robert C. Byrd Highway, Interstate.
[Laughter.]
Senator Capito. But we still have a great need here. So we
do know, I think at the state level. But it's challenging for
states because a lot of states are having trouble meeting their
match, much less figuring out how to cobble together a public-
private partnership. So I look forward to working with you and
the Department to try to find those answers.
I'm going to shift to high-speed Internet. Senator
Klobuchar and I and Senator Gardner have worked on a bill, Dig
Once. And this would mean that if you're digging and creating a
new highway, you're running the high-speed Internet at the same
time.
I would encourage you to look at that bill to see where you
could help us with that, and present the concept of not only
speed, but also being able to pinpoint certain areas that need
that critical infrastructure as well because it's just as
important.
Secretary Chao. I look forward to working with you on that.
Senator Capito. Thank you. One last thing I would like to
talk about, something I worked on when I was actually on the
House Transportation Committee, and I worked with then Senator
Udall, he is still a Senator, and I was a Congressman,
Congresswoman, at the time, the concern of the 10,000 lives
that we lost through impaired drunk driving and driving under
the influence of drugs.
We were able in the FAST Act to get the driver alcohol
detection system for safety to try to get some innovation to
try to work on prevention of--to prevent the massive loss of
life that we have that people get behind the wheel when they
shouldn't.
So I would encourage you and your Department to keep moving
forward on the research and development in this area. I think
there is a lot to be done and there are a lot of good ideas out
there, and I would just like your commitment. I'm sure you
would be committed to that as well.
Secretary Chao. We certainly will do that.
Senator Capito. All right. Thank you so much. I look
forward to voting in the affirmative for your confirmation.
Secretary Chao. Thank you.
Senator Capito. Thank you.
The Chairman. Thank you, Senator Capito.
Next up is Senator Hassan.
STATEMENT OF HON. MAGGIE HASSAN,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Hassan. Well, thank you, Chairman Thune and Ranking
Member Nelson. I am so pleased to be joining you on this
Committee because the Committee's work is, of course, so
focused on expanding economic opportunity and supporting
innovative businesses and keeping our economy moving forward.
And, Secretary Chao, it is great to be with you today. My
husband, Tom, so enjoyed your conversation during orientation
and sends his best wishes as well.
Secretary Chao. Thank you.
Senator Hassan. A major focus of the work, we've all been
talking about it this morning as we talk about expanding jobs--
expanding economic and creating jobs, is obviously around
making sure our highways and our roads and bridges are modern
and safe. And as we talk about really building that kind of
foundation for a 21st century economy, I know when we visited
this week in my office, you've been thinking a great deal about
these issues. I look forward to working with you on them, and I
am very grateful not only for your past government service, but
also the way that will inform your work going forward, I just
think it's a terrific resume you bring.
Secretary Chao. Thank you.
Senator Hassan. There are a couple of programs that have
really--DOT programs that have really helped New Hampshire over
the last few years, and I just wanted to touch on them briefly.
One of the things we talked about in our meeting the other day
was the importance of TIGER Grants and TIFIA loans.
You'll recall that it was a TIGER Grant that really
supported our capacity to refurbish our Memorial Bridge, a
drawbridge over New Hampshire's port, and, yes, New Hampshire
does have a port. And so those competitive TIGER Grants have
helped New Hampshire in a number of other ways as well because
they really help fund projects that aren't suited to the more
broad categories of funding grants.
And then the TIFIA loan project has really been critical to
our completion, our plans to complete, Interstate I-93 in New
Hampshire, both with lower interest rates and deferred payment
schedules, and has proved to be I think really critical to a
number of other rural areas for large surface transportation
projects.
So part of my question to you is just, Are you familiar
with the TIGER and TIFIA programs?
Secretary Chao. Oh, yes.
Senator Hassan. And do you have a commitment to continuing
to support them?
Secretary Chao. From all of my meetings with Members of
Congress, there seems to be one area of great agreement, and
that's the utility of the TIGER Grants. But I can't make a
commitment at this point.
I've been very impressed with how many Members like it, and
I look forward to reviewing it and seeing how much money can
really be devoted to this, currently $250 million. It's a very
modest sum in this budget, but I would like to get more briefed
on this topic. I look forward to working with you.
Senator Hassan. Great, great. And TIFIA, do you have any
thoughts about the TIFIA program?
Secretary Chao. TIFIA also seems to be, again, another very
important and valuable source of funding. And as we talked
about the infrastructure funding throughout our whole country,
we need to be seeking more innovative and more varied options
of funding, and the TIFIA has certainly proven its worth. As to
the specific amounts, that again will be a budgetary issue that
I'll be looking at if I'm confirmed.
Senator Hassan. Great. We also spoke on Monday about the
importance of commuter rail in the 21st century economy,
something I've learned a great deal about as Governor as we've
tried to focus on bringing commuter rail from Boston up to
Nashua and Manchester, New Hampshire, not only because it's a
boon to businesses supported by all our major Chambers of
Commerce, but also because we're learning that Millennial
workers really often don't want to own cars and really do like
to see access to public transportation.
So a project to bring commuter rail would not only require
a partnership between Massachusetts and New Hampshire, but also
Federal support to enhance that state and local effort. So are
you committed to continuing to ensure Federal support for this
type of commuter rail project?
Secretary Chao. Passenger rail is very popular with
passengers. My father came down on Amtrak, as did my sisters.
So this is an area that can obviously help with the
environment, it is a wonderful alternative to air or driving.
And I have supported it in the past, and I look forward to
reviewing it and getting an updated briefing on this as we go
forward.
Senator Hassan. Well, thank you. And just--I see my time is
almost up. I just wanted to add my thoughts on the driverless
cars or automated automobiles now. As we think about that
technology, I hope we'll think about making it accessible to
people who, for a variety of reasons, can't drive, and making
sure that as new technology comes on board, its pricing doesn't
prohibit the people who might benefit from it the most from
using it.
Secretary Chao. Those are very good points, and I
appreciate your bringing them up.
Senator Hassan. Thank you very much.
The Chairman. Thank you, Senator Hassan.
Senator Gardner.
STATEMENT OF HON. CORY GARDNER,
U.S. SENATOR FROM COLORADO
Senator Gardner. Thank you, Mr. Chairman.
And thank you, Secretary Chao. All the way over here by the
front row of the audience, I think welcome to the new Members
who sometimes we get confused with people here to watch the
hearing as well, maybe even accused of being here to testify.
So it's great to be with the new Members of the Committee.
And certainly, Secretary Chao, thank you for your service
to the country and your willingness to continue to serve this
Nation.
Secretary Chao. Thank you.
Senator Gardner. A difficult job as Secretary of
Transportation you have ahead of you, because not only do you
have to know and understand the acronyms of things like TIFIA
and FAST Act, but you have to know where I-70 and I-76 and US-
50 and 385 all are. So you get acronyms and numbers piled
together, and everybody expects you to know exactly where that
congested intersection is that has to be addressed. So thank
you for the work that you're doing.
Colorado, of course, has seen some great economic
opportunities over the past several years. In fact, every time
I land at Denver International Airport and drive along I-25, I
do a crane count in Denver to see how many construction cranes
are in downtown and dotted across the Front Range.
Since 2010, we've had 10 percent population growth,
500,000-plus people moving into the state of Colorado. Almost
an entire new congressional district every decade seems to be
moving to Colorado. The concentration of that population is
between Pueblo, Colorado, to the south, and Fort Collins,
Colorado, to the north, along the Front Range corridor.
The growth has been a great economic opportunity, positive
economic opportunity, for Colorado, but lots of challenges for
infrastructure. Parts of I-25, even though you had this
dramatic growth, still looks like it did in the 1960s and
1970s. We passed the FAST Act. I was able to put language in it
to help ensure that the Department of Transportation considers
population growth when distributing certain grants.
So as Secretary of Transportation, how will you work with
those states that have seen such high population growth to help
meet their needs either through infrastructure packages,
transportation financing programs, or grant funding?
Secretary Chao. The highway funding--the Federal Highway
Trust Fund is a block grant of Federal dollars going to the
states, believing that the states know best how to distribute
that money. And so if the Congress wishes to change the
formula, that is obviously a discussion that the Administration
would have with the Congress, and I look forward to working
with you on that.
Senator Gardner. Well, thank you. And again I think it's
one of those areas where a number of states in the West are
going to have the same kind of needs and considerations.
The Colorado Department of Transportation, which right now
is working on handling some heavy snow over the past several
days, has got a vision referred to as the RoadX Program to
utilize smart transportation along I-25, that Front Range, and
I-70 through the mountains, the Eisenhower-Johnson Tunnels. The
corridors help mobility, reduce congestion.
This vision is already helping us become a state for high
tech. We had the first fully autonomous delivery of a
commercial shipment. It was, of course, Colorado, so it was a
beer truck from Fort Collins to Colorado Springs, fully
autonomous, the first time ever in the country, a tremendous
step, but obviously we have to make sure there is more work
done for safety to make sure that we have no onerous adoption
of regulations that would prevent this new technology from
thriving.
How do you think the Department of Transportation should
work with states and others in the safe deployment and
integration of smart transportation technologies like those in
Colorado, autonomous vehicles, and other technologies?
Secretary Chao. Always in collaboration. The Federal
Government can't do this on its own, and it must take into
account the perspective of the stakeholders. So we look forward
to working with you on all these concerns.
Senator Gardner. And how do we make sure that we have that
regulatory certainty that we need in order to assure this
technology thrives?
Secretary Chao. I think regulations need to be based on
sound science, real data, to ensure that the best regulations
are put forward that indeed will be effective and help to
promote the ultimate goal.
Senator Gardner. Thank you. And whether its across roads,
we talked about here, but across all of the agencies within the
Department of Transportation, Colorado has felt a lot of
impacts of overly burdensome regulations. I'll just give you a
few.
Many of our communities on the Front Range that have grown
around railroads have major concerns with train horn noise
within the Federal Railroad Administration, certification
process delays within the Federal Aviation Administration where
an airplane from Frontier Airlines is treated just like an
airline that's a local crop-duster for certification purposes,
hours of service requirements within the Federal Motor Carriers
Safety Administration, Davis-Bacon requirements across
Department of Transportation, excuse me, the National
Environmental Policy Act permitting requirements across CDOT--
across the Department of Transportation, excuse me; National
Environmental Policy Act permitting requirements across the
Department of Transportation.
Many of these regulations can slow down a project and
stifle that economic progress, can create uncertainty for
businesses, the project itself, increase the time it takes to
construct the project, increase the cost of that project. How
can you help us, help Congress, work to reduce the regulatory
burdens facing our state and local governments and businesses?
Secretary Chao. The issue of regulations is a larger issue
overall as well. There are some who think that the regulations
in the past few years have added to dampening the rate of
growth of our economy and that it has actually decreased the
competitiveness. And there are others who feel that these
regulations were necessary.
So I think, again, it's a balancing act, and it's building
a consensus on both sides of the spectrum--political spectrum--
to come to regulations that are truly based on real data, on
sound science, because that is the best way to promulgate
regulations.
Having said that, there indeed have been overly burdensome
regulations that need to be reviewed. And so that is part of
the new administration coming in, that all of these
regulations--some of these regulations that you've mentioned
will be reviewed as well.
Senator Gardner. Madam Secretary, thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Gardner.
Senator Lee has returned.
If you're ready, you're up next, followed--this is what I
have: Senator Lee, Senator Cortez Masto, Senator Young, Booker,
Heller, and Udall.
STATEMENT OF HON. MIKE LEE,
U.S. SENATOR FROM UTAH
Senator Lee. Thank you very much.
Secretary Chao, it's good to have you here. And I'm
grateful to you for being willing to visit with me at my office
a few days ago. I enjoyed our visit and appreciate your
willingness to be considered for this important position.
As you know, a passion of mine involves federalism,
involves the concept that the constitutional system created by
our Founding Fathers works best when we reserve most powers in
a way that will allow them to be exercised at the state and
local level.
We have accomplished great things nationally through the
Federal Government. There have been some things that we have
created out of an understanding that in order facilitate the
free transfer of goods, of services, of people across
interstate lines, there are appropriate things for the Federal
Government to get involved in.
When the Interstate Highway System was created, it was
created with the understanding that from a national security
standpoint and in order to facilitate interstate commerce, this
was an appropriate activity for the Federal Government to enter
into. At the time it was created, of course, there was an
understanding that once the Interstate Highway System was
established, that it could, in time, be handed over to the
states.
Of course, that system is now largely complete, and we find
ourselves sometimes oddly running short in terms of the revenue
that we receive from the Federal gasoline tax. There are
proposals that have, as an idea, that have as their central
idea, that perhaps we should reduce the Federal gasoline tax
and allow states to take over more authority, both in terms of
revenue collection and in terms of spending that money,
deciding where it ought to be spent. I hope that's something
you would be willing to consider, at least that you wouldn't
dismiss if you were confirmed to this position.
Secretary Chao. I'm open to all ideas, and I look forward
to discussing your idea further with you.
Senator Lee. Thank you. Let's talk about supersonic air
travel for a minute. When I was a kid, there were a lot of
assumptions that a lot of people made, that supersonic air
travel would become a more common thing, that certainly by the
time we were in 2017, things like the Concorde would be more
common.
And yet notwithstanding technological innovations,
materials that are lighter weight, that would otherwise allow
for the design, the development, of commercial aircraft that
could travel at supersonic speeds, we don't see that today.
Part of this, some argue, has related to a ban on
supersonic travel, one that was put in place in the 1970s as a
result of some studies, notwithstanding the fact that
supersonic aircraft don't necessarily produce any more noise at
takeoff and landing than they do midair, and the sonic boom
that was the concern underlying supersonic travel policies that
have been in place since the 1970s can be taken care of just
through the altitude at which a supersonic aircraft passes
through the sound barrier.
Is this something that if you were confirmed, you would be
willing to consider, you would be willing to take a look at?
Secretary Chao. I'm not very familiar with the topic that
you mentioned, so I look forward to getting a briefing on it if
confirmed.
Senator Lee. Great. Senator Peters discussed with you the
importance--the important balance between safety and innovation
in the development of driverless cars. There are a lot of
people who are very anxious to see how this is going to turn
out. There are a lot of people in this country who earn their
living driving cars or driving trucks, and yet at the same
time, there are now predictions that many, if not most, if not
nearly all of these jobs will eventually become obsolete with
driverless technologies.
This, it seems to me, is going to create a real opportunity
and a real demand for some type of regulation or at least some
type of framework in which these manufacturers and designers of
these vehicles can operate. Can you tell us just how you'll
work with state and local governments as well industry and tech
leaders to preserve the safety of our roads without inhibiting
this type of important innovation?
Secretary Chao. You bring up a very, very important topic.
The role of government is to foster the right environment in
which job creation can occur. As a former Secretary of Labor,
I'm very concerned about the ability of our economy to create
good-paying jobs. So I am very much in support of the
government again creating the environment through which job
creation, economic growth, can occur.
We obviously are also facing new technology, emerging
technologies, which will bring about great dislocations, and so
how we, as a society, deal with that and not again stifle,
dampen, the innovation, the creativity, that is so much a
hallmark of what America is all about, and that's the balance.
And it's not an issue that can be decided by any one person,
any one department, but it requires the national attention,
discussion on all of the pros and cons and concerns of the
benefits and the concerns that these emerging new technologies
bring.
Senator Lee. Thank you. Thank you, Madam Secretary.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Lee.
Senator Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Mr. Chair, and Ranking
Member Nelson. I am very excited to be a new Member on the
Committee, and I look forward to working with all of you and my
colleagues as well.
It is true, all the questions have been asked. But I do
want to first of all thank you. Thank you for taking the time
to meet with me, Secretary Chao. I look forward to future
conversations. One thing I have learned from all my colleagues
in listening to their questions to you is we are all going to
be competing against one another for funds, and you're going to
be the person we're going to be going to for the important
needs in our state.
And one of the questions I have for you is involving an
important project that's happening right now in Nevada, and I
think we talked about it, which is Interstate 11.
Secretary Chao. Right.
Senator Cortez Masto. Right? So Las Vegas and Phoenix are
two of the largest cities in the country that are not connected
by an interstate, and in the last Congress, the Nevada
delegation worked to include the I-11 future designations in
the Surface Transportation bill.
Now that the route is eligible for Federal funds, Nevada
and Arizona will be looking for Federal support to bring these
existing roads between the cities up to interstate standards.
I wanted just to get a commitment from you on support for
Interstate 11, and what role do you see for Federal assistance
to fund projects of regional significance such as Interstate
11?
Secretary Chao. Senator, you and I have talked about this a
great deal. It's obvious that you care about this issue deeply.
I would like to get better briefed on it. I said to you that I
would--this would be a priority, that I would look at this, and
I will do so.
Senator Cortez Masto. Thank you. I appreciate that. One of
the things that has come to my attention after talking with not
only the Director of the Department of Transportation, but our
regional transportation directors and commissions in the state
of Nevada, particularly of importance is light rail system.
In Nevada, if you don't know, I've had the opportunity to
work with the transportation commissions, and right now they're
looking to connect our airport, McCarran, to the Strip in
downtown Las Vegas, and that will move 2 million Clark County
residents through the corridor, which is ripe for economic
development, as well as provide transportation for over 40
million annual visitors to the Las Vegas area. This project
will need Federal dollars.
In our meeting, you said that department secretaries have
to make tough choices when allocating that funding and that
there is never enough. So how do you evaluate where these
limited resources will go?
And, two, it's come to my attention as well that when we're
talking about evaluating and allocating the funding, it's based
on a formula that also includes population. But that formula
includes a population based on a census in 2000, and as you
know, Nevada, particularly Las Vegas, is one of the fastest
growing communities. So to me, that is an outdated formula. I
would like to know your thoughts and commitment in working with
us in how we address that issue.
Secretary Chao. Well, the Highway Formula Grant is very
complicated. In recent years, it's gotten actually a lot
simpler, but because of the short-term aspect of the highway
bills in the past, except for the FAST Act, which was a
tremendous accomplishment, that formula has just repeated
itself. So it's totally within the purview of Congress that if
indeed that formula were to be changed, the Congress would be
able to change it.
Senator Cortez Masto. And like my colleagues, let me just
say autonomous vehicles in Nevada, we, like what I'm hearing
from several of my colleagues, this is an important issue and
economic driver in developing new technology. In fact, Governor
Sandoval recently announced dedicating specific resources from
our state to a center for autonomous vehicles, and our state is
the first in the Nation to dedicate those resources for this
kind of technological investment.
I've heard your conversation, your commitment to working
with us on this new technology addressing the concerns, but
what I would like is your commitment to come to Nevada, take a
look at what's going on, and talk with our Governor and our
economic development so you can see firsthand. Would you commit
to coming to Nevada and making a visit and looking at what's
happening there?
Secretary Chao. I would be delighted to come to Nevada.
Senator Cortez Masto. Thank you.
Secretary Chao. Thank you.
Senator Cortez Masto. And one final thing just to put on
your radar, we didn't get a chance to talk about when we were
meeting, Disadvantaged Business Enterprises are important for
me. As a former member of the Department of Transportation in
the state of Nevada, this was an important initiative that our
Director continues to promote, so I just wanted to make sure
that you understand that, and I look forward to working with
you on that issue as well and those programs.
Secretary Chao. Thank you.
Senator Cortez Masto. Thank you.
The Chairman. Thank you, Senator Cortez Masto.
Next up is Senator Young.
STATEMENT OF HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Madam Secretary, thanks so much for your
presence here today and for your willingness to serve. You have
an extensive background in public policy and personnel
management, and I think the experience within the
transportation sector in particular that will make you an
effective Secretary here. So I appreciate that.
My home state of Indiana, which you no doubt are familiar
with, seeing as we're neighbors, has adopted the moniker
``Crossroads of America.'' We have celebrated that fact for
roughly 80 years, and the name stems from the fact that Indiana
is the intersection of four major interstate highways. Three of
Indiana's seven priority infrastructure projects involved
expanding those interstates and upgrading them.
And so surface transportation needs in my state, as so many
others, are significant. So I, too, would invite you to visit
with our state officials, local officials, and familiarize
yourself, and, of course, the Department, more on those
essential needs.
I look forward, for one, to partnering with you and the
entire Department to ensure that we can identify bottlenecks,
reduce the regulatory burdens, which you've already spoken to,
and make sure we stretch every dollar as far as we can to fund
not just Indiana's needs, but more broadly, this 21st century
infrastructure plan put forward by the President-elect and the
administration.
As you prepare to assume these new responsibilities, I
would ask you to make sure that you partner and give great
involvement to our state's Governor and the Governors of other
states, really empower them to expand financing needs in
particular.
And so along those lines, I know that the transportation
plan is still in development through the administration, but
would you kindly elaborate on how you plan to utilize new
financing opportunities like public-private partnerships to
help invest in 21st century infrastructure, including surface
transportation?
Secretary Chao. There are times when public-private
partnerships have not been welcomed, but so at the very
minimum, we need to do away with some of these impediments. And
private investment is encouraged to enter when they see a bold
vision, and this President has a bold vision. We will be
talking about it when the Administration comes into being after
January 20, and it will be very exciting to work on an
infrastructure for America.
Senator Young. So the signals we send through the bold
vision and by presenting a bold plan with more specifics to be
teased out later, you believe will facilitate more private
actors wanting to come forward, better terms possibly for the
contracts? And are there other things we can do beyond putting
forward a bold plan here in Congress to empower the Department
to facilitate these sometimes unwelcome public-private
partnerships?
Secretary Chao. Public-private partnerships are embraced by
some and not by others, and for them to be truly effective, I
think there are revenue streams that need to be assured. And so
whether groups on either side of the political aisle would
agree with these revenues streams is something that we have to
talk about, and so I look forward to working with the Congress
on these issues.
Senator Young. With respect to the budget of the Department
of Transportation, you've proven in your previous capacities
you know how to identify inefficiencies, identify bottlenecks,
take private sector practices and bring them to the public
sector, and so forth, and you'll no doubt be involved in this
activity over at DOT and I suspect in short order. I would just
request that your Department report back to this Committee
within 6 months, 180 days, with opportunities to make DOT more
efficient and budget conscious. Is that a commitment I can get
here today?
Secretary Chao. I can certainly give you a report in 6
months.
Senator Young. All right. Thanks so much. I yield back.
Secretary Chao. Not at all. Thank you.
The Chairman. Thank you, Senator Young.
Senator Booker, Senator Heller, Senator Udall.
STATEMENT OF HON. CORY BOOKER,
U.S. SENATOR FROM NEW JERSEY
Senator Booker. It's such an honor to be sitting before you
right now. Thank you so much for your willingness to serve not
once, but twice, in a Presidential administration. I have to
say that I have a great deal of respect for you, although I
have some frustration now with Mitch McConnell, being a young
single Member of the Senate, he has never taken me aside to
tell me how to marry out of my league.
[Laughter.]
Senator Booker. I'm a Jersey boy, and we have serious
infrastructure challenges. The replacement of the 107-year-old
Hudson River tunnels and the Portal Bridge is a crisis for the
entire Northeast Corridor. More people use those tunnels than I
think the entire population of South Dakota every single day.
And about--that's not a knock, Chairman, at all, of course--but
the reality is, is we need to replace these tunnels, and
unfortunately the urgency is greater because of the recent
Superstorm Sandy. It's estimated that if these tunnels would go
down, they would cost about $100 million in lost productivity
every single day.
Given the importance of this project to the Nation's
economy, this region of the country is one of the most
productive economic regions on the planet Earth, will you
continue to honor the Department's commitment to partner with
New York and New Jersey to prioritize investment and expedite
the completion of the Gateway Program?
Secretary Chao. I have not had specific conversations about
this, so I do look forward to getting briefed, but I would
assume that any project in New York/New Jersey would be very
important going into the future.
Senator Booker. I appreciate you saying that. And I know
the President-elect of the United States knows a little bit
about commuting between New York and New Jersey, although I
think he might take a helicopter.
The FAST Act made important changes to the new starts
capital investment program along with involvements that I
championed that really made improvements to the loan program,
the RRIF program, that will help this kind of critical
financing.
I just again want to see if that's something that you
believe in as a way to fund these major infrastructure
projects. And is it something that you think you can support
going forward, given not just the needs of my region, but
really a program that benefits all around our country?
Secretary Chao. We need to be looking at all of these
options because, once again, the tremendous resources that are
required to build a first-class and maintain a first-class
infrastructure will require that. So I look forward to working
with you on it.
Senator Booker. I appreciate that. And I'm happy to hear
that the incoming administration has made clear that putting
together a trillion dollar infrastructure package is a
priority. The Trump campaign released a plan that called for
about $137 million in tax breaks to private investors who want
to finance toll roads, toll bridges, and other projects that
generate their own revenue streams.
Private tax breaks, however, will only aid infrastructure
projects that have their own revenue stream, which would only
be applicable to large-scale projects with a direct user fee.
Others have argued, such as Steve Bannon, what we need to
be doing is making direct investments in our infrastructure as
a Nation to rebuild roads, bridges, rail systems, ports, and
other key infrastructure assets that have made America globally
competitive. Do you and President-elect Trump support an
infrastructure package that will include direct Federal
spending?
Secretary Chao. I believe the answer is yes.
Senator Booker. Great. Great. Thank you. Can I shift really
quick to air traffic control staffing? This is a critical,
safe, efficient running of our airspace. It's just a critical
aspect, and we need to make sure we continue to have a capable,
well-trained workforce. This workforce includes certified and
experienced air traffic controllers.
And right now, unfortunately, we face a crisis when it
comes to staffing of our Nation's air traffic controllers. The
national aerospace system has declined to a 27-year low with
certified professional controllers.
How will you ensure that we have the necessary aviation
workforce to continue operating the safest airspace in the
world?
Secretary Chao. As a former Secretary of Labor, I am always
very concerned about the ability of a workforce to prepare for
a certain percentage of workers retiring and how best to
prepare for the future and for succession waves to occur as
well. So I am very concerned about that, and that it's a whole
plethora of strategies that can be deployed, and I look forward
to working with you on discussing some of these strategies and
also getting up-to-date information from the Department as to
what their current plans are as well.
Senator Booker. Thank you very much. And the last thing I
want to say is a priority for mine is the NextGen installation
in Newark, New Jersey. Even President-elect Trump has
criticized Newark Airport saying that our airports are like
from a Third World country. You land at LaGuardia, you land at
Kennedy, you land at LAX, you land in Newark, and you come in
from Dubai and Qatar, and you see these incredible airports.
You come in from China, you see these incredible airports. And
you land, and we've become a Third World country.
I've had a lot of frustration about Newark's busy airport
and the challenges of delays. NextGen technology would help
modernize these systems, create efficiencies, improve air
quality. Under your leadership, can we specifically expect
rapidly a full implementation of the NextGen technology to
upgrades that are already on the way, but it needs a champion
as a Secretary to get this over the line so we can modernize
our airport and catch up with those global leaders that have
surpassed us like the President-elect has mentioned?
Secretary Chao. Absolutely. We need to have a greater
emphasis on improving the rate of modernization. There are
questions which had taken place before you arrived about the
air traffic control system, and the rate of change and
improvements are certainly not what we would all like and needs
to be improved.
Senator Booker. Thank you very much.
As a big fan of South Dakota, I would like to apologize to
the Chairman for being over.
[Laughter.]
The Chairman. Thank you, Senator Booker.
And might I add that only in the U.S. Senate would the
Senator from New Jersey be considered a young single guy, but--
--
[Laughter.]
The Chairman. Senator Heller is up next.
STATEMENT OF HON. DEAN HELLER,
U.S. SENATOR FROM NEVADA
Senator Heller. Mr. Chairman, thank you. And to the Ranking
Member, I have to tell you, Mr. Chairman, I'm impressed with
the size of your Committee. Let it be a lesson to all of us
about being on time, as I look around here.
Needless to say, Secretary Chao, to you and your family,
welcome today. Lynne and I have appreciated our friendships
over the years, and we both congratulate you on your
nomination.
Secretary Chao. Thank you.
Senator Heller. And in our meeting in my office, we talked
about the functions of the Federal Government, and one of the
most important constitutional functions, of course, is the
creation of infrastructure. Obviously, in order to conduct
commerce, trade, and general transportation, it's very
critical.
And one of the upsides to the state of Nevada is to have my
colleague and I on the same Committee so that we can ask you
the same questions twice. But, I do want to emphasize what she
emphasized, and that is that Nevada is a microcosm of the
challenges and the opportunities before the Department of
Transportation in the coming decade.
Nevada is one of the fastest growing states in the Nation,
as you're well aware of, adding nearly a million new residents
over the last 20 years. Add to that 43 million visitors, and
you can imagine the infrastructure and the growth strains that
we have in the state of Nevada, and the infrastructure system
that we need for increased vehicular travel that has increased
over the last decade by 150 percent.
So I want to talk again about I-11, as Senator Masto
mentioned, and that is the fact that we have two cities that
are 290 miles apart, and these are the two largest cities in
the country today in the Southwest that do not have a freeway
between them.
I was impressed with the Chairman of this Committee and his
work on the FAST Act and the improvements that that will make
over the next decade in the ability to move forward, and the
fact that it officially designated this freeway, I-11, between
Phoenix and Las Vegas as an officially designated future
highway. And you may be aware of this, but it has been decades
since we've actually designated a future highway here in this
country, and it's good to see the I-11 moving forward.
I think Nevada has done a great job in this process because
we've moved ahead. We have a bypass, the first phase is known
as the Boulder City Bypass, and because of the work of the
Federal Government, state government, and local government, we
were able to complete this particular project on time and very
quickly.
So I guess the question is always the same, we need the
resources. And this is a great project, and you've heard a lot
of great projects today, but the issue is always going to be
resources, and I guess the commitment that we're asking from
our delegation is, Will you help us in securing the resources
that are necessary in order to not only grow this designated
freeway between Phoenix and Las Vegas, but you can imagine the
impact that it has on the region, the southwestern portion of
the country, which has been the fastest growing for decades.
So I guess that's the commitment we're trying to get
between the two of us from you, is the help and the support
from the Department of Transportation to see this come to
fruition.
Secretary Chao. A couple of points. One, this emphasizes
again the need to find additional financing, creative,
innovative ways to fund many of these infrastructure projects.
Number two, I look forward to working with both Senators from
the great state of Nevada on this issue. And I look forward to
seeing both of you in Nevada.
Senator Heller. Secretary, thank you. We needed to hear
that. I want to expand on this I-11 because not only is it
between Phoenix and Las Vegas, but it will continue to extend
up into the northern portion of the state. And under the work
of this Chairman on the FAST Act, we did authorize the
extension of I-11 from Las Vegas to northern Nevada in that
bill.
It's going to be a very complicated project. We're not
talking just the 290 miles between Phoenix and Las Vegas, but
an additional 400 miles to get it to the northern end of the
state. We're very vast out there in the West, but it's going to
be treacherous, treacherous terrain. There's a lot of Federal
land in the state of Nevada. We have Native American
reservations. We can go on and on and on in how difficult this
would be. I guess the question that I have for you is to ensure
that as this project moves forward is that we can streamline--
there were a lot of streamlining provisions within the FAST
Act, and your commitment to seeing this happen so that we can
get through the initial phases of the planning on that project,
taking it from Las Vegas to the northern end of the state, can
we get your commitment that we can try to overcome some of the
shackles that we find through this difficult project as we move
forward?
Secretary Chao. I will work with you on this.
Senator Heller. And I do appreciate that. What I'm trying
to hope is that this idea, this project, moving forward would
actually be a model for the rest of the Nation.
Secretary Chao. I understand. Thank you.
Senator Heller. And, Mr. Chairman, I think my time has run
out.
The Chairman. OK. Thank you, Senator Heller.
Senator Heller. Secretary, again welcome and thank you for
being here.
Secretary Chao. Thank you.
The Chairman. Senator Udall and then we're almost to the
end, Senator Markey.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Mr. Chairman. And I've enjoyed
being a very active Member on this Committee and very much
appreciate yours and Senator Nelson's bipartisan approach to
the Committee work.
Secretary Chao, welcome. And it's wonderful to see you're
willing to come back and do this a second time. I want to thank
you for your service to the country. And I very much enjoyed
our visit in my office about a variety of different issues,
some of which I'm going to ask about today. And it's always
good to see your family here.
Secretary Chao. Thank you.
Senator Udall. Those young people right behind you, they
have real focus. You've taught them quite a lot there. And I
know you always talk fondly about your dad, so it's great to
see him here, too.
First, I would like to talk a little bit about drunk
driving. In your written testimony, you note that safety will
continue to be DOT's primary objective. In 2015, drunk driving
killed more than 10,000 people. That's roughly one-third of all
traffic fatalities. And these are tragic deaths that are
preventable, and I know that you know that, and you've worked
on this before. We know from efforts in my home state of New
Mexico that we can reduce the tragic toll from drunk driving.
High visibility enforcement, ignition interlocks, public
safety campaigns, all of those help save lives, but I'm
especially excited by an advanced R&D effort to find
technological solutions to end drunk driving, and I think
Senator Capito talked about how the two of us had worked
together on that. This is called the Driver Alcohol Detection
System for Safety, or DADSS. It's a public-private partnership
that's making progress toward that goal.
Let me ask you a couple of questions on these drunk driving
issues. Will drunk driving be a priority issue for you as DOT
Secretary?
Secretary Chao. Yes.
Senator Udall. And will you support NHTSA, the National
Highway Transportation Safety Administration, operation efforts
to combat drunk driving, such as Drive Sober or Get Pulled
Over, it's a public awareness campaign?
Secretary Chao. I've worked with NHTSA in the past and I
look forward to working with them in the future and look
forward to getting updated on this latest initiative as well.
You've done great work with DADSS.
Senator Udall. Great. Thank you. And will you--you've
already answered that third question, so I'll move on here. I
really appreciate your responses.
Everybody has talked here, as has been mentioned several
times, and I don't want to plow new ground, on rural
infrastructure. One part that hasn't been mentioned that you
know I've talked with you about is our Native American
communities, where many of these Indian pueblos, tribes, are in
very rural areas, sometimes unemployment 40 and 50 percent. So
one of the ways to grow jobs is to have good infrastructure.
I hope that you will work with me in the rural areas and in
Native American communities to make sure that we get the
infrastructure that they deserve and that they can grow their
communities. I know Senator Thune, our Chairman, has a lot of
tribes that are in the same situation, too. So thank you for
that.
And then let me talk a little bit about greenhouse gas
emissions. The DOT's Transportation and Climate Change
Clearinghouse states that--and this is a quote within your
Department, ``within the United States, transportation is the
largest source of greenhouse gas emissions after electricity
generation. With scientific recognition that greenhouse gas
emissions are contributing to a long-term warming trend of the
Earth, there is an increasing realization that transportation
is a significant contributor of GHGs, plays an important role
in climate change policy and program decisions.'' That's your
Department's statement.
Will a Department of Transportation, under your leadership,
work to address greenhouse gas emissions and climate change
issues?
Secretary Chao. I'm not very familiar with what the
Department is doing right now, so I would want to be briefed
and understand what they are doing on this, and I look forward
to working with you on it.
Senator Udall. A related issue also has to do with vehicle
emissions, and I hope that you will work with me to see that we
improve the vehicle fleet fuel economy rather than rolling back
those standards. Once again, I very much appreciate your effort
here today. Thank you.
Secretary Chao. Thank you.
The Chairman. Thank you, Senator Udall.
Senator Markey is up next, and then Senator Cruz.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Beautiful. Thank you, Mr. Chairman, very
much.
Welcome, Madam Secretary, and you have a beautiful family
behind you. I see your father right over your shoulders.
Secretary Chao. Thank you.
Senator Markey. Just such a wonderful day.
Let me go first to this revolution that's taking place in
the automotive sector----
Secretary Chao. Yes.
Senator Markey.--where automobiles are very rapidly turning
into computers on wheels, and increasingly it's possible to be
able to hack into these vehicles as they move down the streets.
And all of these vehicles have information about us, which
streets we went down, when we went there, and potentially they
are compromisable in terms of someone with a computer even
taking control over that vehicle.
Can you talk a little bit about how you view that issue and
what role you think that the Congress and the Department of
Transportation can take in ensuring that drivers are protected
against a compromise of their information?
Secretary Chao. The innovation and creativity of our
country is unsurpassed in the world. And so we have a
responsibility to encourage that creativity and that innovation
in the future. Obviously, with these new emerging technologies,
there has now surfaced a number of key issues, privacy among
them, that are very worrisome to a whole host of people. Safety
is another.
So as these emerging technologies are coming up, they're
faced with state-by-state regulations, which also present a new
challenge as well. Yet there are many benefits. For example,
for senior citizens or people with disabilities who may not
want to or cannot drive, autonomous vehicles are a way to give
them back their freedom.
So there are pros and cons, and we need to have a national
dialogue about all of this. And as I said, the regulations at
the Federal level are in their infancy, and we need to work
with Members of the Congress and all of you on this Committee
to make sure that we're not dampening the spirit of creativity,
and yet we are also assuaging the real deep-seated concerns of
our public on some of the issues that these new emerging
technologies bring.
Senator Markey. Thank you. Let me follow up on a question
which Senator Udall asked, which is on the greenhouse gas
issue, which is related to fuel economy standards for the
vehicles which we drive.
I am the author in 2007 of the law which required the
dramatic increase in the fuel economy standards of the vehicles
which we drive. Senator Stevens, from Alaska, and Senator
Feinstein were the Senate authors of that. And that calls for
54.5 miles per gallon, which is by the year 2025, which has
been reinventing the automotive sector in our country. That is
going to be reviewed over the next couple of years.
Can you talk a little bit about how you view that issue and
whether or not the U.S. should stay on a path to meet those
goals because it requires less gasoline for people to buy,
backs out oil we import, and reduces greenhouse gases?
Secretary Chao. This issue is going to be coming up. It's
going to be an important one for the Department. And before I
comment, I would like to do so responsibly, and so I would like
to get some briefings, up-to-date briefings, on what is
happening within the Department. And, again, I look forward to
soliciting your points of view and working with you as we go
forward.
Senator Markey. Thank you. Great. Thank you. And on the
issue of drones, there are going to be millions of drones up in
the sky, but commercial companies can actually collect data----
Secretary Chao. Yes.
Senator Markey.--about individual families all across the
country as these drones are just hovering over people's
backyards. I was actually successful in having an Amendment
pass out of this Committee last year. It got knocked out in the
Conference Committee, but it just goes to the issue of the
privacy of Americans and the information being gathered about
them by commercial companies and creating a privacy standard
for those families.
Can you talk about that and what role you believe the
Department of Transportation and this Congress should be
playing in ensuring that these ``eyes in the sky'' don't
compromise the privacy of families across our country?
Secretary Chao. Well, Senator, you and I talked about this
at length during our visit in your office as well. And so on
this issue, as I mentioned, and many others, with emerging
technologies, we all need to talk and understand the benefits,
as well as the concerns that are expressed by various
stakeholders, and I look forward to working with this Committee
and the Congress on all those issues.
Senator Markey. And do I have time for one more question?
The Chairman. Your time is up. If you want a second round--
--
Senator Markey. I yield back. Thank you. I appreciate it,
Mr. Chairman.
The Chairman. OK. Senator Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Mr. Chairman.
Madam Secretary, congratulations on the nomination.
Congratulations to your family, who is here, especially your
father, who I know is very, very proud of you, and together you
all represent the quintessential American success story, coming
as immigrants to achieve the American dream.
Secretary Chao. Thank you.
Senator Cruz. I want to talk about several topics quickly,
because we have limited time. I want to start with a topic you
and I visited about yesterday, which is the impediment right
now that overregulation serves to building roads, building
bridges, building infrastructure, and what we should to do
reduce those regulations so that we can more quickly rebuild
the infrastructure of our country. And I just ask your views on
how overregulation slows down transportation projects.
Secretary Chao. There's a whole list of projects that are
outstanding in various departments throughout the Department of
Transportation, and they've been on the books, so to speak, for
quite a while. One of the major complaints that many private
investors voice is how long it takes for projects to be ready
for bidding.
So the issue is not only how much to fund our
infrastructure projects, but also how to increase the pipeline
of available projects that would be available for all groups,
private sector included, to be able to participate and fund.
Senator Cruz. Well, terrific, Madam Secretary, and I look
forward to this Committee working closely with you to
streamline that process so that we can have more and more
shovel-ready projects that actually are creating jobs and
rebuilding our infrastructure.
I want to turn to another area where regulations can
potentially slow things down, and that's commercial space,
something that is of great importance to my home state of
Texas. When you last worked at the Department as Deputy
Secretary, the Office of Commercial Space Transportation was
located inside the Office of the Secretary and reported
directly to the Secretary.
Today, that office is a few layers down inside the FAA,
which is allowing issues of importance to the commercial space
launch industry to be lost within the bureaucracy. In fact,
it's illustrated by the fact that Secretary Foxx's exit memo
doesn't even mention commercial space.
Within the Commercial Space Launch Act, which I authored
and Congress passed and was signed into law, it directs the
Department to look at moving the Office of Commercial Space
Transportation back under the Secretary. Would you be
supportive of that move and an increased focus on creating an
environment where commercial space launch can thrive?
Secretary Chao. Thank you very much for bringing this issue
to my attention. I was not aware of this issue, and I look
forward to getting briefed on the current status of this issue.
Senator Cruz. Very good. I look forward to working with you
on it.
I want to turn to another issue that you and I discussed
yesterday, which is airlines, and, in particular, the fact that
our air traffic control system is right now outmoded with 1950
style radar, when we have GPS technology and far better
technology to ensure airline safety and efficiency, which would
benefit everyone. And I would like to hear your views on
whether you share my concerns for the need to modernize and
upgrade our air traffic control system.
Secretary Chao. The professional career staff at the
Department of Transportation are terrific. They do a great job.
The task ahead of them is a huge one. NextGen, we need to do
more, and do it better and faster, and that's a tall order for
anyone. So if confirmed, this will be a top priority of mine to
examine NextGen and how to improve it? And then also, how do we
keep--how do we maintain our aviation system to be the best,
safest, and most efficient in the world?
Senator Cruz. Well, terrific. I like those adjectives of
``more,'' ``better,'' and ``faster,'' and I look forward to our
working with you to accomplish those in upgrading our air
traffic control system.
The final question I want to focus on is transportation
funds. And historically, Texas has received less from the
Federal Highway Trust Fund than the state has contributed in
gas tax receipts, and a major reason for that in equity is that
the FAST Act didn't update apportionment formulas, so that
Texas is underrepresented.
Will you commit to this Committee to looking at this issue
and examining it carefully, and in particular examining
updating the apportionment formulas so they accurately reflect
the population in each state, and they're using current census
data and not outmoded data?
Secretary Chao. This has been brought up several times
during this hearing, and I will certainly do that.
Senator Cruz. Very good. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Cruz.
Senator Nelson, anything else? We'll go to the order.
Oh, do we have Senator Markey coming back or not?
Senator Nelson. Senator Cruz, before you leave, I just want
to say on matters of the commercial office, I had the pleasure
of authoring the first commercial space transportation bill
back in 1986 when you and I were young pups.
[Laughter.]
Senator Cruz. I was perhaps the younger pup.
[Laughter.]
The Chairman. Easy.
[Laughter.]
Senator Nelson. Madam Secretary, will you commit to go to
the state of every Senator that is a Member of this Committee?
[Laughter.]
Secretary Chao. I will do so.
Senator Nelson. I want to acknowledge the dedication of the
Colgan families and the contributions to aviation safety, which
has resulted from their hard work since that tragic Flight
3407, claimed the lives of their loved ones in 2009.
Representatives of the Colgan families are here with us today.
And we welcome them and we commend them for their continuing
efforts.
Just one cleanup question, Mr. Chairman. Many of our
Members have raised the importance of direct Federal funding to
support infrastructure. Federal funding is critical for
projects in our states. And you have heard a number of the
Senators from various states specifically enumerate their
projects, infrastructure projects.
Now, here's a commitment that you can actually commit to.
Do you commit to provide this Committee with details of your
plan for infrastructure funding, particularly your
recommendations on the Federal funding, and to do that within a
short period of time, say, 30 days?
Secretary Chao. I will certainly try to give this Committee
a continuing report on what the infrastructure proposal would
be. I will try for 30 days, but I can't promise 30 days.
Senator Nelson. OK. And when you formulate it, will you
commit to share it with this Committee?
Secretary Chao. I can assure this Committee that there will
be continual and constant dialogue on what the proposal will be
for the very simple reason that we cannot do this alone. And
any infrastructure proposal would require the participation and
the discussion of the United States Congress.
Senator Nelson. OK. In order to get these infrastructure
projects done with Federal funding, we need to know what the
Administration is proposing.
Secretary Chao. Absolutely.
Senator Nelson. Now, except for you being shackled by the
White House, that you can't release any of the proposed
proposals for Federal funding, I would assume that you could
commit to share that information with us.
Secretary Chao. I will certainly be in discussion with the
Congress, and not only myself, but other Members of the
Administration that are involved in the infrastructure project,
the White House, on all of this. As I mentioned, it will be a
heavy lift, and it will require the Administration to work with
the Congress on making all of this a reality.
So currently the Administration--I shouldn't say
``currently'' because the Administration is not in office yet.
When the Administration gets into office, these issues will be
discussed. There's a National Infrastructure Task Force, and
when it gets underway, the pay-fors and other aspects of the
infrastructure project will be tackled at that time, and I look
forward to that.
Senator Nelson. OK. The only way we are going to get an
infrastructure bill done is to have it done in a bipartisan
way.
Secretary Chao. Totally agree.
Senator Nelson. The Chairman and I are an example of that
bipartisan cooperation. And we are going to need to know the
information of what the administration, that you will be
representing them on transportation, will in fact commit to.
What we need is the information in the Committee so we can work
together.
Secretary Chao. I totally agree with you on that. And at
the appropriate time, I'm not saying at any later time, but as
the infrastructure proposal is being put together, we will
certainly be in great discussion with the Congress because,
once again, we cannot do it on our own. We need to have the
input and the agreement of the Congress as we go forward.
Senator Nelson. Thank you.
The Chairman. Thank you, Senator Nelson.
I just have one quick cleanup thing. Secretary Chao, you
mentioned in response to my question on the FAST Act earlier,
the creation of a task force. I'm interested in your commitment
to brief me and my staff about this task force, and would also
ask that a rural perspective be included on that. Some of the
things that we're hearing about projects to date don't reflect
that point of view.
Secretary Chao. We will certainly do so. I might put that
in a more positive way in that the infrastructure proposal is
very exciting, and this is an opportunity for bipartisan
agreement and for us to all work together to build a better
America. So that's how I view it, as something very positive,
that it actually gives our country, on a bipartisan basis, the
opportunity to work together.
The Chairman. Sounds good to us. We do the bipartisan thing
pretty well. The urban-rural thing, though, is my version of
bipartisanship, so I just want to make sure that we have rural
representation in those conversations.
Secretary Chao. Yes, of course.
The Chairman. Final question, this will probably be the
hardest one of the day for you, Louisville or Kentucky?
[Laughter.]
Secretary Chao. I'm taking a pass on that one.
[Laughter.]
The Chairman. We'll take that one for the record.
[Laughter.]
The Chairman. Well, I appreciate everybody's participation
today. And given our hope to confirm Secretary Chao on
Inauguration Day, the hearing record is going to remain open
until tomorrow. So during that time, I would ask Senators to
submit any questions for the record, and upon receipt, would
request submission of written answers to the Committee as soon
as possible.
Secretary Chao, thank you for your patience, your
indulgence. A very long day for you, and your response to our
questions, and your willingness to serve our country. We look
forward to working with you in hopefully what will be busy days
and weeks and months ahead. Thank you.
Secretary Chao. Thank you very much.
The Chairman. With that, the hearing is adjourned.
[Whereupon, at 1:21 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Hon. Elaine L. Chao
Question 1. In your response to a pre-hearing question from Senator
Peters regarding fuel economy standards and the role of the National
Highway Transportation Safety Administration (NHTSA), you mentioned
your desire to work on harmonization and a reduction in overly
burdensome and duplicative regulations. Recent actions by the
Environmental Protection Agency (EPA) raise concerns about its rush to
establish Greenhouse Gas Standards for new vehicles in model years
2022-2025.
This effort by EPA could cause challenges for NHTSA in setting
maximum achievable fuel economy standards. If confirmed, will you
commit to a thorough review of this important rule to avoid unnecessary
harm to consumers and jobs?
Answer. If confirmed, a top priority will be to receive a full
briefing from NHTSA regarding the CAFE program and how it relates to
EPA's greenhouse gas standards. Improving safety and fuel economy for
motor vehicles are both important goals, and harmonization is critical
for manufacturers, suppliers, and consumers. I will ask that USDOT work
with the leadership of all related Federal agencies to ensure that
those twin objectives are met in a thoughtful and consistent manner.
Question 2. As we discussed at your nomination hearing, reliable
and affordable commercial air service in rural states is a crucial
economic driver spurring economic development and job growth.
As part of the Federal Aviation Administration (FAA) extension
enacted last year, Congress mandated the creation of a Working Group on
Improving Air Service to Small Communities, which is tasked with
providing recommendations to improve air service to small communities.
Two South Dakotans, Pierre Mayor Laurie Gill and South Dakota
Department of Transportation Program Manager Jack Dokken, have been
selected to participate in the working group. Their first meeting is
scheduled in the coming week.
Once their work is complete, if confirmed, will you commit to fully
and fairly considering any recommendations the working group makes?
Answer. As I mentioned during my confirmation hearing, the
Department of Transportation must make transportation safe, efficient,
and accessible to both rural and urban America. If confirmed, I will
fully and fairly consider all recommendations submitted to the
Department by the Working Group on Improving Air Service to Small
Communities.
Question 3. The safe, efficient and quick movement of goods through
U.S. ports is an important aspect of any company's supply chain. I have
continuously heard about congestion issues affecting all port
stakeholders and, because of these concerns, I introduced the Port
Performance Act. This legislation was incorporated into the Fixing
America's Surface Transportation Act (FAST Act), and it created the
Port Performance Freight Statistics Program as a means to measure port
capacity and throughput in an effort to create national metrics. I
believe metrics will not only help identify key issues affecting port
congestion, but can help identify solutions to address the issue. While
each port is different, the impact of congestion on stakeholders is the
same. Disruption and delays have a negative impact on all stakeholders.
Will you work with the Committee to continue to refine the Port
Performance Freight Metrics to ensure our ports are prepared for the
21st Century global supply chain?
Answer. Our nation's ports are a tremendously valuable asset and a
lynchpin of our economy. Significant delays in the movement of consumer
goods can take a major toll on the U.S. economy. If confirmed I will
commit to reviewing the progress of the Port Performance Freight
Statistics Program and work with the Committee to refine and improve
the Port Performance Freight Metrics, as necessary.
Question 4. Section 1105 of the FAST Act established a program to
fund nationally significant highway and freight projects, which
prompted the Department of Transportation (DOT) to create the Fostering
Advancements in Shipping and Transportation for the Long-term
Achievement of National Efficiencies (FASTLANE) program, which
announced its first awards in October of 2016. The inaugural round
awarded $759.2 million to 18 projects, leveraging $3.62 billion in
infrastructure investment. Section 1105 also mandated a Government
Accountability Office (GAO) study on the transparency of the inaugural
FASTLANE selection and award process. In November of 2016, the
Department announced a second round of FASTLANE before the GAO
assessment of the program was complete. Additionally, the short
turnaround time of the program did not allow applicants sufficient time
to consult with DOT and receive feedback on their applications.
As the Department moves forward with the FASTLANE program, will you
continue to work with us to improve the transparency of the program and
its accessibility for rural communities?
Answer. Giving consideration to the needs of rural areas and making
sure that certain communities do not feel left behind or overlooked
will be a priority of this administration. If confirmed I will commit
to reviewing the FASTLANE program and the GAO review to work with the
Committee to improve transparency and identify ways to address the
unique needs of rural and urban America.
Question 5. The FAST Act seeks to ensure that DOT fully implements
the Office of Inspector General recommendations to improve NHTSA's
Office of Defects Investigation. On September 30, 2016, Secretary Foxx
certified that all the recommendations have been implemented. Still,
the Inspector General has not yet closed all recommendations.
On November 18, 2016, I wrote to Secretary Foxx asking him to
ensure the closure and implementation of these recommendations. Given
the importance of these recommendations to vehicle safety, will you
commit to reviewing the Secretary's certification if confirmed?
Answer. The Inspector General of the Department of Transportation
plays an vital and independent role, and, if confirmed, I will work
with the IG's office to ensure that all recommendations are carefully
reviewed and implemented in the best possible manner. I hope to receive
a full briefing from NHTSA regarding the Office of Defects
Investigations, and I will monitor any proposed changes regarding the
timeliness and size of the ODI's workload, staff and budget.
Question 6. The FAST Act required the DOT to develop a
comprehensive, multimodal freight map that identifies corridors for the
movement of goods from origin to destination. In response to the
interim National Multimodal Freight Network, the South Dakota
Department of Transportation (SD DOT) has suggested additional
designations for the network. If incorporated, these designations would
capture the flow of freight as it moves through the state from the
railroads and roads that connect agricultural facilities to the larger
freight network. The suggestions from SD DOT also include intermodal
facilities as well as regional connectivity to markets and freight
through traffic.
As the Department moves towards a final National Multimodal Freight
Network, I ask for your commitment to consider all the comments from
state Departments of Transportation on ways that the Freight Network
can better represent the flow of goods.
Answer. An understand and consideration of recommendations for both
rural and urban freight networks are critical to the development of a
truly successful national freight network. If I am confirmed, I will
commit to consider all comments and recommendation from state
Departments of Transportation so that a truly National Freight
Strategic Plan can be developed to more efficiently identify and
correct inefficiencies in our nations freight network.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Hon. Elaine L. Chao
Question 1. As a country, increasing the pipeline of mariners is
extremely important. The State Maritime Academies produce over 70
percent of new licensed mariners each year. They are consistently
highly ranked as best values for education. One key element in that
education is federally owned training ships which are maintained by the
academies. These ships are aging. The oldest, the Empire State at SUNY
Maritime, is 55 years old. The Department of Transportation and MARAD
have been supportive of a new class of training ships for the
academies--the National Security Multi-mission Vessel. Congress has
authorized the program. Would you please provide a response for the
record of where the Department will stand with regard to moving forward
on this important program?
Answer. Having experience at the USDOT as both the head of MARAD,
as well as the Deputy Secretary, has given me a strong background in
these areas. MARAD's own King's Point is a key component of a robust
merchant mariner workforce. King's Point, along with the other six
other State maritime academies will be responsible for ensuring a
sufficient number of mariners are always in the pipeline to meet our
needs. If confirmed, I will review the National Security Multi-mission
Vessel program and work with Congress to ensure we find solutions to
the aging fleet issue.
Question 2. Mississippi has several significant tire manufacturing
facilities--Cooper in Tupelo, Yokohama in West Point and a new
Continental facility in Hinds County. Given this, I am keenly
interested in implementation of tire-related provisions within the FAST
Act (Public Law No: 114-94), specifically Sections 24332-24335. I look
forward to working with you and NHTSA to ensure prompt implementation
of these provisions. Knowing the agency is the midst of a transition,
would you provide an update on the agency's implementation plan at your
earliest convenience?
Answer. If I am confirmed, I will receive a briefing on and review
Sections 24332-24335, and provide you an update at my earliest
opportunity.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Hon. Elaine L. Chao
Question 1. As you know, the quality of life in America's small
communities and rural areas and the health of the Nation's rural
economy is heavily dependent on the quality of the Nation's
transportation system, particularly its roads and highways. While new
capacity is important, it is equally important to maintain our Nation's
4.12 million miles of existing roads, streets and highways.
Pavement preservation focusing on preventing pavement deterioration
early in the pavement's wear cycle can greatly extend the time before
costly repairs and rehabilitations to the road are needed, making it a
cost effective tool for states and localities to maximize their
transportation dollars.
Will you work with my office on policies that continue to promote
and accelerate the use of pavement preservation to maintain our
Nation's roads?
Answer. Maintaining, modernizing and expanding our Nation's roads
are fundamental to the efficient and effective movement of goods and
people. The preservation of our roads is a key aspect of this critical
process. If confirmed I will commit to review the Department's current
policies for pavement preservation and I look forward to working with
your office to identify and implement any necessary changes.
Question 2. One area of growing concern is the commercial shipment
of undeclared hazardous materials on aircraft, especially commercial
aircraft. According to DOT statistics, there were 1,129 incident
reports filed to the FAA in 2015, and 564 of those incidents involved
undeclared dangerous goods.
Under your leadership, how will DOT work to combat this growing
safety risk?
Answer. Regulating the shipment of hazardous materials on
commercial aircraft is critical to aviation safety. If confirmed, I
will work to strengthen known shipper and chain of control regulations
to reduce incidents of undeclared shipment of hazardous goods. Since
ignorance of existing rules is the cause of a significant number of
violations, I will ensure education is part of our compliance and
enforcement efforts.
Question 3. The Department's policy has been that highway right-of-
way is acquired with public funds for public purposes. Some have argued
for commercialization of the right-of way, though in 2012 the Senate
voted 86-12 against commercialization of rest areas. Some states have
considered proposal to sell large-screen commercial advertising on the
right-of-way. For you reference, I am including a May 17, 2016, letter
from Rep. Ted Poe (R-TX) to DOT Secretary Foxx on the subject. Do you
support current policy that right-of-way purchased with public funds
should be limited to public purposes?
Answer. I understand this issue is addressed in existing Federal
laws, and if I am confirmed, the Department of Transportation will
adhere to the law, unless and until it is changed.
Question 4. Do you think the safety rules for general aviation of
Part 91 and on-demand aircraft charters of Part 135 should apply to all
flights, whether the flight is arranged for by a pilot or charter
broker on the Internet, or over the phone?
Will you work to refine the Enhanced Consumer Protections for
Charter Air Transportation NPRM from 2013 to ensure that safety is the
paramount consideration, and that all charter brokers, indirect air
carriers, and direct air carriers meet the appropriate safety,
licensing and fitness determination standards?
Answer. As I mentioned at the confirmation hearing, safety will be
DOT's number one priority. If I am confirmed, during my first 100 days,
I plan to order a review of all outstanding NPRMs, with an emphasis on
safety-critical proposed rules.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
Hon. Elaine L. Chao
Question. The public transportation needs of Alaska, like
everywhere else, far exceed resources. Federal Transit Administration
urbanized area formula funds for Anchorage for this year and last year
are held up, creating strains that increase by the day. The Alaska
Railroad has asked FTA for an administrative solution that will allow
these funds to flow again. Under this solution, the funds would flow to
Anchorage's two FTA recipients, the Alaska Railroad and the
Municipality of Anchorage, the way they always have, and this would
change only if the Alaska Railroad and the Municipality of Anchorage
agree to a change. Will you please review this suggested solution as a
way to get FTA formula funds flowing again for public transportation in
Alaska?
Answer. If confirmed, I will receive a briefing on this and other
FTA issues and hope to gain an understanding of the solution you have
suggested. I look forward to following up with you and the Committee
upon completion of my review.
______
Response to Written Questions Submitted by Hon. Dean Heller to
Hon. Elaine L. Chao
Senator Markey and I successfully included our legislation, the
Safety Through Informed Consumers Act (STICRS) Act, in the FAST Act
(Sections 24321 & 24322 of PL 114-94.) These provisions require the
National Highway Traffic Safety Administration (NHTSA) to promulgate a
rule by December 15, 2016 to ensure that crash avoidance technology
ratings are incorporated into NHTSA's 5-star rating system and placed
on the window sticker of every new car.
In December 2015, the Department issued a notice requesting
comments to planned changes to the National Highway Traffic Safety
Administration's (NHTSA) 5-Star Safety Ratings for new vehicles. NHTSA
is then expected to initiate a rulemaking to update the vehicle label
to include the crash avoidance technology information as part of its
new 5-Star Safety Ratings system.
It is clear that NHTSA is not going to complete this work before
the inauguration. It is my belief that this update will help consumers
who are shopping for an automobile become aware of safety technologies
that can prevent accidents. Additionally, it will incentivize
additional innovation within the automotive industry.
Question 1. Throughout your confirmation hearing, you emphasized
the importance of implementing the many important policy reforms
implemented by the FAST Act. Once confirmed, will you commit to
completing this rulemaking expeditiously, given that NHTSA has already
missed the statutory deadline?
Answer. If I am confirmed, I will make review of this issue, and
the reasons for the rulemaking delay, one of my top priorities. After
my review, I will work with you and the Committee to ensure the matter
is resolved.
Question 2. As I mentioned in the confirmation hearing, Nevada's
economy relies heavily on tourism. Travel spending adds nearly 60
billion dollars into the Nevada economy annually, accounting for about
13 percent of the state's annual GDP. The travel industry has been a
driving force behind our state's economic recovery, and policies that
improve access to efficient, safe, and cheap travel are among my top
priorities in the United States Senate.
Earlier this month, the Las Vegas Convention and Visitors Authority
reported Southern Nevada drew 42.9 million tourists to town in 2016,
600,000 more visitors than the region tallied in 2015. McCarran
International Airport reports that international travel is up three
percent. The remarkable growth of international travel throughout our
country has been fueled by Open Skies agreements that have fostered
competition and expanded air service to the benefit of American
consumers.
For more than 25 years, our Nation has been committed to Open Skies
and we have negotiated over 100 Open Skies agreements with other
nations, including most of our major aviation partners. Our Open Skies
agreements are resulting in new international service to smaller
gateway cities, including critical tourist hubs in my home state, and
have allowed foreign carriers to develop relationships with U.S.
carriers to deliver passengers to smaller destinations all over the
country.
As Secretary, do you plan to continue the policy of open skies?
Answer. There is no doubt that travel and tourism are good things,
and we benefit from having tourists come to our country, and from
Americans having access to travel destinations abroad. We live in a
world that requires connectivity, and aviation agreements can help
provide that. At the same time, if I am confirmed, I will work to
ensure that our Open Skies agreements will produce genuine benefits for
the American people.
Question 3. Liberalization of air services has allowed numerous new
routes across the Atlantic, the Pacific, into Canada and Mexico and
other parts of the world. Will the Trump Administration and you as
Secretary, continue to liberalize air service markets around the world?
Answer. I look forward to being briefed on Open Skies agreements
and pursuing policies that will facilitate greater travel and tourism
and genuine benefits for the American people.
______
Response to Written Questions Submitted by Hon. Bill Nelson to
Hon. Elaine L. Chao
Question 1. Infrastructure Funding--Many members of the Committee
expressed an interest in increased Federal funding for infrastructure.
I was pleased to hear your support for Federal funding as part of any
infrastructure plan that the Administration puts forward. I was also
pleased to hear your commitment to work with Congress and share the
details of any proposal.
If confirmed, will you commit to share the details of an
infrastructure proposal within the first 30 days in your role as
Secretary? Please also provide additional details on the infrastructure
task force.
Answer. As I stated during my testimony, the incoming
Administration is still reviewing and considering all of the options
available for our infrastructure plan. As soon as that proposal has
taken shape, we are looking forward to sharing it with Congress and
understanding the various perspectives and feedbacks of members,
especially yours.
Question 2. Some critical infrastructure projects don't generate
revenue. Many cities in Florida rely on Federal support to build much
needed transit projects. How will the tax credit proposal benefit major
transit expansion projects like those in my state?
Answer. Tax credit proposals are but one option that exists for an
infrastructure plan. For a plan as ambitious as the one the President
Elect has articulated, all financing options must be evaluated and
considered. As the details of the plan have not been developed, it
would premature for me to speculate on the outcome or effects of any
plan. If confirmed, I will work to help produce an infrastructure plan
that makes Federal transportation safe, accessible and efficient.
Question 3. NextGen--Some Air Traffic Control (ATC) privatization
proponents suggest that NextGen is coming up short. However, the FAA
recently made clear in a letter to Chairman Thune (available at https:/
/www.faa.gov/news/updates/media/Senator_Thune-FAA_response.pdf) that
NextGen is already delivering real benefits for the aviation industry,
translating into nearly $3 billion in savings in passenger time and
occupant safety and reduced fuel and aircraft operating costs. In my
view, ATC privatization would only disrupt and delay NextGen progress
that is already being made.
If confirmed, how will you further FAA's efforts to continue
modernizing our air traffic system through NextGen?
Answer. NextGen promises to deliver a safer and more efficient
national airspace system. I understand and appreciate that NextGen is
the most complex modernization project that FAA has ever undertaken.
That being said, it clearly can be managed better. Over the last
decade, the DOT Inspector General has issued dozens of reports
detailing NextGen delays and cost overruns. The U.S. Government
Accountability Office (GAO) issued a recent report that included a
survey of aviation stakeholders who expressed skepticism that the FAA
can successfully implement NextGen in a timely and cost efficient
manner.
We owe it to American taxpayers, the traveling public, and all
users of the NAS to provide the safest, most efficient system possible.
We also owe it to taxpayers to ensure that Federal contracts and
implemented quickly and efficiently. If confirmed, one of my top
priorities will be to ensure that passengers, shippers, and other users
finally begin to realize the many operational and safety benefits that
NextGen will provide as quickly and as cost-effectively as possible.
Question 4. Norwegian Air International Matter--The U.S. Department
of Transportation (DOT) recently approved Norwegian Air International's
(NAI) application for a foreign air carrier permit to conduct scheduled
flights between the United States and countries within the European
Union. Although many communities, including in my State of Florida, may
benefit from air service by NAI, labor groups are concerned that this
decision will negatively impact the hardworking men and women employed
by the U.S. domestic aviation industry.
If confirmed, what will you do to ensure that the consumer and
economic benefits of DOT's decision are truly realized and high labor
standards remain a top priority?
Answer. I will take seriously the statutory mandate to strengthen
the competitive position of our Nation's air carriers to ensure at
least equality with foreign air carriers, including the attainment of
the opportunity for our carriers to maintain and increase their
profitability in global markets. I will oppose any foreign air carrier
license applications that are inconsistent with our air service
agreements or would undermine the economic viability and global
competitiveness of our Nation's air carriers.
Question 5. NHTSA Recalls--The National Highway Traffic Safety
Administration (NHTSA) has faced the challenging task of coordinating
the Takata airbag recalls, but the agency has taken a proactive
approach that prioritizes safety. Further, the Takata airbag recalls do
not currently cover desiccated ammonium-nitrate-based inflators, or
inflators with a chemical drying agent that absorbs moisture. There are
many millions of these inflators on the roads today. I am concerned
that these inflators may pose a risk to safety if the ammonium nitrate
becomes unstable.
If confirmed, will you continue to prioritize the driving
public's safety and continue to be aggressive in your handling
of the Takata airbag recalls?
Will you ensure that NHTSA continues and accelerates its
work to determine the safety of desiccated Takata inflators?
Based on the auto safety crises we have seen over the past
several years, do you think NHTSA needs more resources to
effectively carry out its statutory safety mission?
Do you agree that all motor vehicle recalls are safety
recalls?
Answer. If confirmed, I intend to receive detailed briefings from
NHTSA staff regarding the Takata airbag recall. I can assure the
Committee that safety will be my top priority, and as Secretary, I will
ensure that all recalls are completed as swiftly and effectively as
possible. All motor vehicle recalls are important, and I will work with
the NHTSA staff and the Congress to make certain our resources are used
wisely.
Question 6. Drunk Driving--The DADSS research program is a public-
private initiative that can end drunk driving. The technology would be
able to quickly and unobtrusively determine if a driver is at or above
the illegal limit of .08 BAC. The Insurance Institute for Highway
Safety estimates that the technology could save 7,000 lives each year.
If confirmed, can you commit that you would review all avenues to
hasten the technology development of the DADSS program?
Answer. If confirmed, I will receive a full briefing from NHTSA
regarding the timing, technology, and funding of the DADSS program.
Impaired and drunk driving is a grave public safety concern and one I
pledge to focus on if confirmed.
Question 7. Self-Driving Vehicles--Florida is one of the leading
states in the Nation in promoting the development and deployment of
self-driving vehicles. Other states are also playing an active role in
addressing promising technology that could revolutionize
transportation. Recent NHTSA guidelines recognize the need to avoid a
``patchwork'' of state laws, while they also conclude that states
should continue to take the lead on matters affecting insurance and
liability, as well as other traditional state vehicle responsibilities,
such as licensing and registration. What are your thoughts on how DOT
and NHTSA should approach state insurance and liability issues with
regard to autonomous vehicles?
Answer. If confirmed as Secretary of Transportation, I will request
that NHTSA provide a full demonstration and briefing regarding State
and Federal laws and regulations related to autonomous vehicles.
States' retain the right to regulate on many issues related to motor
vehicles, such as driver licensing requirements, but a ``patchwork'' of
laws could present challenges for the Department as well as the
automobile and insurance industries. I will review the agency's actions
and proposals.
Question 8. Passenger Rail Service--The FAST Act mandated that the
FRA convene a working group to evaluate the restoration of intercity
passenger rail service between New Orleans and Orlando--a corridor that
was significantly impacted by hurricane Katrina. Many of these
communities support passenger rail service to help drive economic
development. Currently, additional funding is needed to help return
this critical service. The working group is developing a report on
recommended capital and operating solutions to restore improved
passenger rail service along the corridor.
If confirmed, how will you be supportive of restoring passenger
rail service along the Gulf Coast?
Answer. Rail service to the Gulf States is an important issue
facing USDOT. The Gulf states have seen many challenges over the last
several years since Katrina. At this time, it would be premature to
speculate on this matter until I have been completely briefed on the
Gulf Coast Passenger Rail Working Group's report. If confirmed, I look
forward to reviewing the report and working with you to determine the
best course forward.
Question 9. Federal Lands--The National Park Service has a nearly
$6 billion backlog of transportation projects. Nearly a third of that
is for megaprojects, which are beyond the funding capacity of the
National Park Service. One such project in my state, the bridging of
the Tamiami Trail, is critical to the restoration of the Everglades.
Congress created the Nationally Significant Federal Lands and Tribal
Projects program to address these types of projects. Do you support the
need for additional funding to advance these critical projects?
Answer. I have not yet had the opportunity to review DOT's
transportation infrastructure project backlog. If confirmed, I will
give my full attention to evaluating all infrastructure projects and
proposals and will consider the appropriate, necessary steps to
alleviate the backlog of worthy projects Commercial Space
Transportation.
The Secretary of Transportation is tasked with overseeing and
promoting commercial space transportation, which supports an industry
worth more than $300 billion. In practice, nearly all of these
responsibilities are currently delegated to a small division within the
Federal Aviation Administration called the Office of Commercial Space
Transportation.
If confirmed, what will you do to make sure the commercial space
industry in the U.S. continues to grow and prosper?
Answer. As I mentioned during my confirmation hearing, I strongly
support and hope the Department will be a catalyst for U.S. innovation
leadership. We must provide an environment for the commercial space
industry to grow and, if confirmed, I will make that a priority.
Question 10. Scientific and Professional Staff Integrity--If
confirmed, will you work to ensure that data produced and obtained by
the Department of Transportation are made available to the public in a
timely manner, consistent with relevant privacy and confidential
business information laws?
Do you agree that only scientists and technical experts should edit
scientific and technical content?
Answer. If confirmed, I will support transparency and public access
to information consistent with the law regarding privacy,
confidentiality and national security.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Hon. Elaine L. Chao
Question 1. Marinating Federal Commitments--Secretary Chao, for
Washington state, and I imagine many states, mass transit is an
essential part of the transportation infrastructure. In 2015, Sound
Transit moved 34 million people in the Puget Sound region. The
Washington State Ferry system is the largest in the country and the
third largest transit mode in the state. If mass transit were
eliminated in Washington state, an additional four lanes would need to
be added to I-5 in order to handle the increased congestion.
This robust mass transit system in Washington state is made
possible by a strong commitment from the Federal Government. Voters in
Washington recently approved the Sound Transit 3 initiative, a $54
billion transit project that is partially funded through the TIFIA
program, as well as the Small Starts and New Starts program. In
previous administrations, the precedent has been to continue to honor
grant agreements for projects that are currently in the works.
As Secretary, do you expect to advance and fund projects
that are already in the pipeline like Sound Transit's
expansions to Lynnwood and Federal Way?
Will you commit to funding for all Capital Investment grant
recipients in Washington state, including Swift II Bus Rapid
Transit, Madison Street Corridor Bus Rapid Transit, Seattle
Streetcar Center City Connector, Spokane Central City Line and
Tacoma Link Expansion?
Will you fully honor the Master Credit Agreement so that the
people of my region can continue to enjoy the benefit of
affordable loan rates for transit?
Answer. Projects that are ``in the pipeline'' for programs such as
Construction Investment Grants, TIFIA, RRIF or other USDOT programs do
not yet have Federal funding commitments or grant obligations.
Accordingly, my expectation is that projects that are in the pipeline
for future grant agreements or funding obligations must satisfy
applicable USDOT criteria to obtain those funding agreements or
obligations. If confirmed, I would expect to receive appropriate
briefings regarding the project readiness, project justification, and
applicable local financial commitment for projects that are in the
pipeline, as well as status updates regarding projects for which
funding commitments already exist.
Question 2. Crude by Rail--An extremely important issue that
affects my constituents, as well as the rest of the nation, is the
regulation of crude oil transported by rail. We already know the heavy
cost a derailment can have on the people in the affected communities
and on the economy. The recent derailment in Mosier, Oregon cost $9
million to clean up after more than 40,000 gallons of oil leaked from
punctured tank cars and caught fire. An explosion in Lac Megantic,
Canada killed 47 people. 26 cities and towns in Washington state have
passed resolutions expressing deep concerns about the safety and
environmental threat posed by shipping crude oil by rail.
Over the last several years, I have worked with the Obama
administration to provide additional data and resources to first
responders who are called to respond to dangerous emergency situations,
clean up these oil spills and study the volatility of different crude
oils. However, more still needs to be done by the Federal Government to
properly regulate crude-by-rail, particularly volatility.
As a result of my efforts, there is a volatility study being
conducted by the Department of Energy and the Pipeline and Hazardous
Material Safety Administration investigating the properties of crude
oil that affect combustion, including volatility. This study will be
completed this year.
After its completion, will you issue a national standard for
volatility?
How will you work with the private sector to get them to
cooperate developing safer volatility standards?
Do you plan to eliminate any regulations pertaining to the
safe transport of crude oil by rail?
Does the administration plan to suspend any ongoing
rulemaking relating to transporting crude oil by rail?
Answer. The Pipeline and Hazardous Materials Safety Administration
(PHMSA), along with other government and industry stakeholders, has
taken significant action to increase the margin of safety for
transporting hazardous materials. These actions culminated in the new
tank car rule which will phase out older cars from being operated on
our Nation's rails.
If confirmed I will work with all stakeholders to ensure the future
safety of commodities being transported. As far as uncompleted studies
and initiatives go, I have not yet been briefed on these particulars
but can say that I will look for ways to continually strengthen and
renew our energy transportation infrastructure.
Question 3. Davis-Bacon and Project Labor Agreements--President-
elect Trump ran for office pledging to defend the American worker.
Federal prevailing wage law guarantees that workers on public works
construction projects receive fair wages to support their families. One
of my hopes for this Congress is that we can make progress on a
bipartisan infrastructure bill. For me, and for the hardworking people
of Washington State, it's essential that such a package contain
protections ensuring a family wage.
The Administration must take important step towards fulfilling its
pledge to the American worker by supporting the prevailing wage.
Will you support Davis-Bacon Act wage determinations in a Federal
infrastructure package?
Answer. The Davis-Bacon Act is current law, and it will continue to
be so until Congress elects to change that. It is one of the duties of
the Secretary of Transportation to ensure that the procurement and
awarding of projects that receive Federal funding is done in compliance
with the law.
Will you pledge not to waive Davis-Bacon requirements for Federal
contracts at the Department of Transportation?
Answer. There is precedent for waiving Davis Bacon requirements in
certain circumstances as a means to expedite recovery efforts and bring
aid to communities after a disaster; however, these have been rare
occurrences. It would be inappropriate for me to make a blanket promise
along these lines without knowing more about the circumstances
surrounding such a hypothetical decision.
Question 4. Project Labor Agreements--Project Labor Agreements
(PLA) are an effective tool in producing on-time and under-cost
construction projects. As you know, the previous Administration issued
an Executive Order (13502) encouraging the use of PLA for Federal
construction projects. Do you support the Executive Order to use PLA in
Federal construction projects?
Answer. I believe that taxpayer funded construction projects should
be awarded based upon merit, and the bidder's ability to perform the
work capably, safely, on time and within budget. If the firm that wins
the bid based on those criteria elects to use a PLA, I support their
right to do so.
President-elect Trump ran for office pledging to defend the
American worker. Federal prevailing wage law guarantees that workers on
public works construction projects receive a fair wage to support their
families.
Can you confirm that your agency will pay a prevailing wage as
required by Federal law?
Answer. As I stated above, the Davis Bacon Act is current law, and
it will continue to be so until Congress elects to change that. It is
one of the duties of the Secretary of Transportation to ensure that the
procurement and awarding of projects that receive Federal funding is
done in compliance with the law.
Question 5. Unsecured Loads--Secretary Chao, an issue that I am
interested in is the collection of data and the safety issues
associated with unsecured loads, that is, goods being carried by
vehicles that are improperly tied down to the roof, trunk, or truck
bed.
The GAO looked into this issue in November 2012 and found that
while unsecured loads are a safety risk, improvements must be made to
data collection so that National Highway Transportation and Safety
Administration can better understand the scope of this problem. I
worked with my colleagues on language in the Fixing American's
Transportation Act (FAST) Act that encouraged the Department of
Transportation to work with states on safety awareness campaigns for
unsecured loads that applied for grants through the State Highway
Safety Program.
What policies will you implement to improve data collection
on unsecured loads at NHTSA?
How do you plan to work with states to reduce the risk of
unsecured loads?
Answer. If confirmed, I will ask NHTSA for the latest status of its
efforts to obtain data regarding unsecured loans, and what strategies
they have identified to improve data collection.
Question 6. NextGen Implementation--As you know, the foundational
infrastructure for NextGen is in place, yet the system has not been
fully implemented. The FAA has made progress, but not as much as
stakeholders, and members of this panel, would like to see.
The benefits of NextGen are clear. For example, at Seattle-Tacoma
International Airport the Greener Skies program, which depends on
NextGen's GPS based technology to allow Required Navigation Performance
approaches, is resulting in significant fuel savings, reducing
pollution and saving time for passengers, all while maintaining the
highest level of safety.
The FAA is working on similar redesigns of the most crowded
airspace over other cities and regions across the country, bringing the
benefits of these ``metroplex'' redesigns to other communities and
making the National Airspace system as a whole more efficient.
Given these benefits to the environment, airline passengers,
airlines, airports and surrounding communities, it is clear that we
need to continue the work to get NextGen fully implemented.
Do you agree that full implementation of NextGen program,
including the metroplex projects which will result in more
efficient approach and departure procedures in our busiest
airspace, should be a priority?
Do you anticipate investment in NextGen implementation being
a part of the Trump Administration infrastructure investment
plan?
Answer. A major component of our Nation's aviation infrastructure
is our antiquated air traffic control (ATC) system, which is primarily
based on World War II-era radar surveillance technology. Our nation's
passengers, shippers and aircraft operators--as well as our world-class
air traffic controller workforce--deserve much better. For these
reasons, further investment in the core NextGen programs will be a
priority.
Question 7. Certification Reform--In the years ahead, the FAA will
be tasked with an unprecedented amount of certification work as new
aircraft and manufacturing techniques will be entering the market at
the same time. The FAA Reauthorization bill which passed this committee
last year included language that would improve and add efficiency to
the FAA's Organization Delegation Authority (ODA) program, under which
specially trained employees of specific manufacturers follow stringent
FAA guidelines certify non-safety critical components on behalf of the
FAA. Programs such as ODA will have a critical role to play in meeting
this new demand, and ensuring that American manufacturers remain
competitive across the globe. Can we work together to streamline FAA
certification processes if you are confirmed?
Answer. FAA has long been considered a global leader in aviation
certification and safety. Many in the industry would say it has fallen
behind the Europeans in terms of certification efficiency and
effectiveness.
If confirmed, will you work to help the FAA regain its global
standing?
Answer. Yes. If confirmed, I look forward to working with you to
streamline FAA certification processes. It's an important ingredient to
fostering innovation and growth in the aerospace industry.
Question 8. Contract Towers--The Federal Aviation Administration's
(FAA) Contract Tower Program provides a key level of safety at or below
the cost of Federal control towers at 253 airports across the country.
The Contract Tower Program has been endorsed by a multitude of
users and stakeholders, including pilot groups, airport managers, and
the National Transportation Safety Board. In 2012, a Department of
Transportation Inspector General audit concluded that the Contract
Tower Program provide safe Air Traffic Control services at a lower cost
than similar FAA-operated towers.
In 2013, the FAA attempted to close 173 contract towers in
order to reach savings goals under sequestration, but reversed course
under intense pressure from industry groups and Congress.
Do you agree that contract towers bring critical benefits to
the communities they serve?
If confirmed, will you work to safeguard the safety of our
National Airspace System by protecting the Contract Tower
Program?
Answer. The FAA's Contract Tower Program has been a huge success.
It's been widely acknowledged by Congress, the National Transportation
Safety Board (NTSB), U.S. Government Accountability Office (GAO), the
airport community and FAA's air traffic controller workforce that the
program has enhanced safety, reduced FAA operating costs, and provided
tower service to communities that might not have received it otherwise.
Question 9. Advanced Materials--As you may know, Washington State
is a leader in advanced manufacturing in composite structures, and we
are very proud of the work being done at the FAA Center of Excellence
for Advanced Materials in Transport Aircraft Structures at the
University of Washington. I have long been an advocate for additional
research into innovative technologies that can help us improve
efficiency and resilience in our transportation sector and help us make
more cost-effective investments in our infrastructure. A great deal of
attention has been focused on the use of composites in aviation, but I
believe there are other opportunities as well.
Are there ways to encourage additional research from across the
Federal Government to help further a discussion about how to use
innovative materials to build better infrastructure?
Answer. If confirmed, I will work with Congress, NASA, and the
industry to make sure that DOT facilitates research and innovation.
Question 10. Customer Service Representative Assault--Incidents of
air rage have received widespread media attention in recent years, as
the frustrations of air travel have boiled over into violent or abusive
behavior by passengers toward airline personnel or fellow passengers.
Unfortunately, this violent or abusive behavior has increasingly been
directed toward airline customer service representatives at airports,
including gate and ticket agents. The Aviation and Transportation
Security Act of 2001 included a provision that set Federal penalties
for interfering with or assaulting airport and airline personnel who
perform security duties. This is similar to a Federal statute that set
Federal penalties for assaulting or interfering with cabin crew
members. Unfortunately, while this provision was intended to cover gate
agents, ramp workers, and other airline workers who control access to
an aircraft, it has been interpreted by DOT and DOJ as only applying to
TSA agents and law enforcement officers at airports. This
interpretation has left gate and ticket agents who perform security
functions without adequate Federal protections against assaults.
Will the DOT under your leadership modify this
interpretation and provide Federal protections to all airline
and airport personnel who perform security functions, including
gate and ticket agents?
Will the DOT under your leadership develop a comprehensive
plan for combating and responding to violent assaults on
airline customer service representatives?
Answer. Ensuring that we have the safest air transportation system
in the world will be my top priority. This includes the health and
safety of passengers, airline cabin crews and other airline employees.
If confirmed, I will review the current process for preventing and
responding to violent assaults on airline employees, and work with the
Transportation Security Administration (TSA) and state and local law
enforcement officers to provide further protections.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Hon. Elaine L. Chao
Question 1. Data recently released by the National Highway Traffic
Safety Administration (NHTSA) show that after five decades of declines,
there was a seven percent increase in traffic fatalities from 2014 to
2015. We know that distractions behind the wheel played a part in this
rise. I included a provision in the FAST Act to help more states
qualify for Federal grants to fight distracted driving.
Secretary Chao, do you agree that the Department of Transportation
has an important role in educating drivers about the dangers of
distracted driving?
Answer. I believe that safety should be the top priority for the
Department of Transportation. Increased fatalities on our Nation's
roads are of great concern to me, and I will receive a full briefing
from NHTSA regarding the most recent fatality numbers and causes, if
confirmed. I will focus the agency to develop strategies regarding all
causes of highway deaths and injuries, including distractions.
Question 2. I was glad to hear you are committed to ensuring
infrastructure investments benefit both urban and rural areas. I also
want to ensure that both urban and rural areas are benefiting from
safety improvements on our roads. Today, more than 50 percent of
roadway fatalities occur in rural areas, even though those areas only
account for 20 percent of the U.S. population.
If confirmed, will you work with states and local governments to
address safety on rural roads?
Answer. If confirmed, I will work with the Congress to ensure that
NHTSA and FHWA have developed strategies to protect drivers on all
roads, even those in rural areas.
Question 3. In the last Congress, I introduced the Stop Trafficking
on Planes Act to require training for flight attendants to recognize
and report suspected human trafficking. A provision based on my bill
became law as part of the FAA Extension, Safety, and Security Act of
2016. But human trafficking doesn't just happen on airplanes. Truck
drivers, like flight attendants, are also on the front lines of the
battle against human trafficking and one of the best times to identify
human trafficking is during travel. Many truckers want to be helpful in
the fight against human trafficking and groups like Truckers Against
Trafficking are training truckers to identify and report human
trafficking.
Secretary Chao, will you work with me to find ways the Department
of Transportation can support private sector initiatives to fight human
trafficking across all modes of transportation?
Answer. I look forward to working with you and other members of
Congress, the private sector, as well as federal, state, and local law
enforcement, on developing a comprehensive strategy for combating human
trafficking. As you noted in your question, the ability to recognize
and respond to potential human trafficking victims is critical for
airline workers who interact with passengers, as well as truck drivers.
Question 4. One of the very few industries to enjoy an exemption
from antitrust law is the freight railroad industry. In part due to
this exemption some rail shippers suffer from unfairly high prices.
``Captive shippers'' that only have access to one rail line are
particularly vulnerable. Last Congress I worked with Chairman Thune on
a bill that was signed into law to make the Surface Transportation
Board more effective. Still, I think there is more work to be done to
promote fair rail competition.
Secretary Chao, will you work with me to ensure that shippers are
treated fairly?
Answer. A vibrant, economic and efficient freight rail network is
critical to the success of U.S. manufacturers, and our Nation's
economy. As you know, the Surface Transportation Board performs a
critical role in adjudicating service and rate disputes between
shippers and freight railroads. If confirmed, I look forward to working
with you to safeguard the fair treatment of all shippers.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Hon. Elaine L. Chao
Question 1. The President-elect has discussed a one-trillion dollar
infrastructure program to rebuild the country's roads and
transportation network. Details, however, are faint, with little more
offered so far but proposals for corporate tax breaks and giveaways
that somehow foster private-sector investment. Even these proposals,
however, would only focus on revenue-generating projects--not
necessarily ones that really need attention. Tax breaks are an
insufficient way to rebuild roads, highways, and rail. Do you agree
that tax breaks are an insufficient way to rebuild our transportation
network?
Can you provide more details on the President-elect's plan? I
understand a task force has been formed to look at this issue. When
will it release more details? Where will passenger rail fit among the
administration's priorities?
Answer. As I said during my confirmation hearing, the Department of
Transportation cannot rebuild America's infrastructure on its own. We
must work collaboratively across the many agencies that will have a
role in this plan. It would be inappropriate for me to speculate on
specifics of President-elect Trump's plan before they have been
determined.
Question 2. The Department of Transportation is involved in the
life of nearly every American, as we all depend on safe roads, rails,
pipelines and air--and the safe movement of goods. Do you agree the
Department of Transportation must be strong and proactive in putting
forward rules and regulations to protect us all?
In your response to the questionnaire from the Commerce Committee,
you stress the need for ``decreasing the regulatory burdens when
appropriate.'' Can you provide an example of such a ``burden''? What
specific rules would you ``decrease''? What rules do you plan to
defend? Do you agree that regulations can be a force for good?
Answer. It would be inappropriate for me to speculate on the merit
of specific regulations before I am confirmed and have been briefed by
those administering and enforcing them. I believe regulations should be
based on sound science and data and should produce demonstrable benefit
to the American people. If confirmed, I will strive to ensure that
DOT's regulations bring tangible benefits. In transportation, that
means regulations that are data driven and periodically reviewed for
efficacy.
Question 3. In the past few years, we have had to witness an
unfortunate phenomenon throughout DOT: regulatory capture, or as others
call it, coziness between the regulator and the regulated. DOT isn't
the only place this distressing situation occurs, but it has been one
of the more blatant. At the Federal Highway Administration, the agency
turned a blind eye to safety concerns regarding guardrails, listening
instead to a major manufacturer's false assurances of its product's
safety. At NHTSA, the agency held off aggressive recall efforts despite
growing and glaring concerns regarding ignition defects and airbags.
These are just two examples, but they happen elsewhere in other modes.
Do you agree that regulators should focus on the public well-being, not
private corporations' profits? How will you guard against the problem
of regulatory capture?
Answer. If I am confirmed, USDOT will focus on the public interest.
I will expect USDOT to consider and evaluate the interests of all
stakeholders, including individuals, as well as state and local
stakeholders, and the private sector. It is my view that public safety
should always be the Department's paramount concern.
Question 4. Perhaps the biggest aviation issue that Congress will
address this year is whether to spin off our air-traffic control
services and transfer their control from the FAA to a private entity
that would have outsized influence from airlines. I have many concerns
about privatizing our country's air traffic control system, especially
the negative impact it could have on consumers. During your testimony,
you mentioned that you have yet to form a conclusion on this. What is
your time-frame for developing a position on this issue? To what extent
will you value consumer protection in your analysis?
Answer. If I am confirmed, reviewing the ATC reform proposal
included in the AIRR Act, as well as the governance and financing
proposals adopted by other nations, will be an immediate priority since
the current authorization expires on September 30, 2017. I assure you
that consumer protection will be an important consideration in my
review.
Question 5. We've seen many disasters on our rail network in recent
years. A significant number of these disasters have happened on Metro-
North Railroad, affecting my constituents. What lessons have you
learned from these disasters? What's the first thing you'll do to
improve rail safety? Do you believe this is an example where the
Federal Government should require action?
Answer. Maintaining the safety of our Nation's transportation
network must be one of the top priorities of the Department of
Transportation. The 2013 Metro-North Railroad accident that lead to the
death of four riders was a terrible tragedy. If I am confirmed, one of
my first priorities will be to receive a complete review of the
circumstances surrounding the Metro-North accident as well as the
current state of rail safety in America. Upon completion of this
review, I look forward to following up with you to address any needed
action from the Department.
Question 6. There's one function that's uniquely housed within the
Secretary's office--the Office of Aviation Enforcement and Proceedings,
including its Aviation Consumer Protection Division, which focuses on
consumer issues. Under current law, consumers and states lack a private
right of action regarding unfair, deceptive, and anti-competitive
practices against airlines. Consumers' only recourse is to file a
complaint with DOT, hope DOT pursues the matter through administrative
remedies and civil fines. These remedies--like cease and desist
orders--can be weak, and fines (which are negotiated) can be weak as
well. For example, in 2015 DOT levied $2.7 million in fines against an
industry with nearly $169 billion in annual revenue. And that's just
for unfair consumer practices. The situation is worse for persons with
disabilities trying to assert their rights to be accommodated when
flying. Only DOT can assert their claims and receive damages. In 2014,
passengers filed 772 disability-related complaints with DOT about
airlines. But the U.S. Department of Transportation does little with
these individual complaints, taking real action only when there are ``a
number of complaints'' against one airline, as DOT wrote one disabled
passenger. Even then enforcement is rare. For example, in 2015, there
were no enforcement orders against any airlines. In 2014, there was
just one.
Would you agree the current framework is a giveaway to the airlines
with a long-running, unintended effect that protects airlines from
regulation and vigorous oversight? Wouldn't allowing a private right of
action--in addition to continuing to allow DOT enforcement efforts--
make real, structural changes to how airlines operate and interact with
the public?
Answer. If confirmed, I will review recent DOT enforcement actions
against airlines to ensure that passenger complaints are considered in
a fair, expeditious manner, and that existing passenger protection
rules, including those designed to protect the rights of persons with
disabilities, are vigorously enforced. I will take seriously the
statutory mandate to prevent unfair, deceptive, and anticompetitive
practices in air transportation.
Question 7. Nearly 4,000 people are killed in truck accidents each
year, and 97 percent of those are drivers or passengers in a passenger
car. What will be your approach toward ending the scourge of deaths
from trucks on our highways?
Answer. As I noted in my confirmation hearing, safety will be the
number one priority for the Department under my leadership. Technology
can leverage safety achievements and incentives for encouraging fleet
owners to invest in safety technologies on their commercial vehicles,
and is important to saving lives on our highways. The use of Electronic
Logs, for example, have been a high priority for the FMCSA.
It is also my understanding that DOT believes half of all CMV
accidents are actually caused by automobiles. If confirmed, I will ask
the NHTSA and FMCSA Administrators to work closely together to develop
and implement a safety plan that will reverse the increasing accident
numbers from recent years.
Surveys of trucks drivers show many are fatigued and many often
fall asleep at the wheel--endangering us all. They need rest. How will
you address fatigue?
Answer. Congress recently enacted language in the FY 2016
appropriations legislation, that required FMCSA to complete a study
about provisions of the 34-hour restart. If confirmed, I will submit
the information to those specified in the enacted legislation.
Additionally, The FMCSA Electronic Logging Devices (ELDs) and
Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a
statutory requirement of the Moving Ahead for Progress in the 21st
Century Act (MAP-21), enacted by Congress in July 2012. The final rule
was published on December 15, 2015, and establishes: Requirements for
the mandatory use of ELDs by drivers currently required to prepare HOS
records of duty status (RODS); Minimum technical specifications for
ELDs, including a requirement to certify and register ELD systems with
FMCSA; Requirements for HOS supporting documents; and Measures to
address concerns about harassment resulting from the mandatory use of
ELDs. The compliance date for the ELD Final Rule is December 18, 2017.
As stated above, this rule is designed to positively affect the fatigue
issues that have historically existed in the motor carrier industry.
After FMCSA published the final ELD Rule, the Owner-Operator
Independent Drivers Association (OOIDA), and two individual owner-
operator truck drivers, filed a challenge to the rule in the United
States Court of Appeals for the Seventh Circuit. The American Trucking
Associations, Inc., and, in a joint filing, the Trucking Alliance for
Driver Safety and Security and the Advocates for Highway and Auto
Safety, filed amicus briefs in support of the final rule. On October
31, 2016, the court denied the petition for review and held that the
ELD rule is not arbitrary or capricious, nor does it violate the Fourth
Amendment.
There have been many efforts over the past year to increase the
size and weight of trucks on our highways, something Americans clearly
don't want. Bigger trucks are terrifying--and unsafe, as they take
longer to stop and can sway. They also cause more wear and tear on our
already worn-out roads. Will you fight to ensure that trucks are not
allowed to get longer and heavier?
Answer. I recognize there is a lack of consensus on truck size and
weight. The FAST Act requires the U.S. DOT to submit to the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the safety and enforcement impacts
of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST Act. If
confirmed, I will ensure that FHWA will require safety and enforcement
information for this report as part of the State enforcement plan
required under 23 CFR 657.
Question 8. Ten years ago, national safety advocates first urged
DOT to mandate the installation of speed-limiting devices on large
truck to prevent them from traveling at dangerous speeds on U.S. roads
and highways. Trucking industry representatives joined this call,
recognizing the dramatic savings in lives and dollars that would come
from such a mandate. In August, after years of analysis, DOT put
forward a proposed rule that would carry out this vision, mandating
speed limiters on any vehicle heavier than 26,000 pounds, including
commercial trucks, intercity passenger buses, and school buses. The
faster large vehicles travel, the deadlier they can become. Large
vehicles already take longer to stop than smaller passenger vehicles.
And just a small increase in speed leads to an exponentially large
increase in kinetic energy, which can cause far greater damage and
destruction in a crash--especially to those traveling nearby in much
smaller, lighter passenger vehicles. Crashes involving large vehicles
kill around 4,000 people each year and injure more than 100,000.
Speeding has been identified as a possible factor in as many as 23
percent of these crashes. A vehicle with a functioning speed limiter is
only half as likely to be involved in a crash as a vehicle without an
operating device. DOT put forward a proposed rule in August will save
hundreds of lives and prevent thousands of injuries. A strong, sensible
rule will save millions of dollars and will respond to strong public
sentiment that wants speeding trucks to simply slow down. It will
ensure that no trucking company creates an uneven playing field,
tolerating speeding while competitors comply with the law. It will
ensure that large vehicles are going no faster than their tires and
other parts were designed to handle. Do I have your commitment to
completing this rule?
Answer. As I stated above, I am aware that despite efforts of the
current administration, trucking crashes have increased in recent
years. If confirmed, I will ask the FMCSA and NHTSA Administrators to
work together closely to identify the root cause of accidents, and why
the current regulatory posture of the agency has not effectively
reduced these number and to see what initiatives will be effective at
reducing the number of crashes, deaths and injuries.
Question 9. Last month, Congress passed the Water Infrastructure
Improvements for the Nation (WIIN) Act, a $10 billion bill that makes
major investments in the country's water infrastructure. The bill
largely focused on the Army Corps of Engineers--outside the purview of
DOT. But DOT has tremendous oversight of our country's maritime
economy, freight, and ports and the WIIN Act shows that bipartisan
action and investment is possible. What is your plan to improve the
economic viability of our country's ports, especially the three ports
that we have in Connecticut?
Answer. I recognize the important role our country's ports and
harbors play in our economy. This infrastructure is critically
important and we must ensure our Nation's multi model freight network
incorporates every mode of transportation. If confirmed, I plan to make
sure that our ports connect our farmers, manufacturers, and consumers
to the world marketplace, and I will work with all of our modes of
transportation to ensure we have a safe, secure and efficient system.
I also look forward to being briefed on the revised National
Maritime Transportation Strategy which has been under development for
some time within the DOT.
Question 10. In 2012, Congress passed the Motorcoach Enhanced
Safety Act of 2012 as part of MAP-21, a major surface transportation
reauthorization bill. The law requires a number of efforts to improve
motorcoach safety. These efforts were mandated in the aftermath of
several horrific incidents. One provision requires improvements in the
roof strength and crush resistance of large, intercity buses--aka
motorcoaches. Another requires improvements to prevent passengers from
being ejected through windows. These mandates were all due by October
2014, but they still remain unmet. Will you ensure that the basic
motorcoach safety regulations required by MAP-21 that are still
outstanding are issued promptly without any further delay?
Answer. If confirmed, I will require an immediate update from NHTSA
and FMCSA on the MAP-21 requirements.
Question 11. The use of smart phones has proliferated in recent
years and led to an alarming increase in incidents of distracted
driving. What steps will you take to prevent distracted driving and the
dangers it can cause on our roads?
Answer. If confirmed, I will request an update on the status of DOT
actions to date in regard to distracted driving and what strategies are
being recommended to augment state and local initiatives to deal with
this significant safety problem.
Question 12. Thousands of pedestrians are killed every year and
tens of thousands of pedestrians are injured. What steps will you take
to end pedestrian deaths and injuries? Will you support safety
standards for the hood and bumper areas of motor vehicles in order to
reduce the severity of injuries suffered by pedestrians and bicyclists
that frequently result in death and lifelong disabilities?
Answer. If confirmed, I will obtain appropriate briefings regarding
structural changes to motor vehicles that could reduce the severity of
injuries to pedestrians and bicyclists.
Question 13. The North American Free Trade Agreement (NAFTA) opened
opportunities for trucking companies domiciled in Mexico to operate
within the United States. The Department of Transportation undertook a
pilot program allowing certain Mexico-domiciled carriers to operate in
the U.S. and concluded such carriers could operate safely in this
country. The DOT Inspector General, however, found that the pilot
program was flawed and produced unreliable results. How will you
address the concerns raised by the Inspector General? Will you oppose
allowing Mexico-domiciled trucks to operate in the U.S.?
Answer. If confirmed, I will expect to receive briefings on the
requirements of current law and treaties applicable to this issue, and
the status of any discussions the Department has had with its
counterparts in Mexico.
Question 14. Many states--including Connecticut--provide workers
with mandatory meal and rest breaks. These laws have existed for nearly
a century in some states and are critical for all kinds of workers,
protecting them from workplace fatigue and related accidents, injury
and death. These laws also apply to commercial truck drivers, with some
exemptions. Federal courts have ruled these laws are not pre-empted by
Federal law. Some seek to pre-empt these meal and rest break laws so as
to maximize the workday of truck drivers. If this happens, there would
be fewer opportunities and incentives for truck drivers to rest. Are
you concerned about these efforts? Will you defend these important
safety laws?
Answer. Safety will be the number one priority for the Department.
There have been several judicial rulings in recent years concerning
mandatory rest breaks for truck drivers. The U.S. Supreme Court
declined to review a 9th Circuit Court of Appeals 2014 ruling
concerning this matter. I am concerned to what extent state laws could
affect the Department's jurisdiction and role in regulating trucking
but I have not been briefed on this issue and will be glad to look into
it if confirmed.
Question 15. About 10,000 people die each year because of alcohol-
impaired driving. This annual figure has remained steady for two
decades. As we consider ways to eliminate preventable deaths, we must
examine changes to the laws around alcohol impaired driving. Do you
support efforts to highlight the message that driving under the
influence of alcohol at any level is impairing?
Answer. Yes. USDOT has an important role in educating the public
regarding driving under the influence of alcohol and other substances
that can impair drivers.
Question 16. Do you agree that all NHTSA recalls are safety
recalls, address an unreasonable risk to safety, and should be promptly
repaired?
Answer. USDOT and NHTSA should seek to ensure that all safety
recalls are promptly repaired, particularly if the reason for the
recall poses an unreasonable risk to safety.
Question 17. One pressing safety issue for children involved in
crashes is that even when properly secured in a child restraint,
failure of a front seatback in a crash may put back seat passengers--
especially infants and children--at serious risk of injury or even
death. According to a child rear impact study commissioned by the
Center for Auto Safety, approximately 50 children placed behind
occupied seats die annually in rear impact incidents.
If confirmed, will you upgrade the safety standard for seatback
performance to better protect back seat passengers?
Answer. If confirmed, I will seek appropriate briefings regarding
this issue and will fully consider upgraded standards for seatback
performance.
Question 18. Nearly 1 in 5 vehicles on our Nation's roads have
unrepaired safety defects. In 2015, nearly 900 million vehicle recalls
involving 51 million vehicles were issued, eclipsing the previous
record set in 2014. Accordingly, millions of vehicles on our Nation's
roads and highways have critical safety defects that have not been
repaired.
If confirmed, what specific actions will you direct NHTSA to take
to increase the recall completion rate and reduce the number of cars
with open safety recalls from our Nation's roads?
Answer. If I am confirmed, USDOT will have no more important
mission than safety and security. I will obtain full briefings
regarding ways for NHTSA to increase the recall completion rate.
Question 19. While new car dealers are required to repair safety
recalls before selling vehicles with open recalls, there is no
requirement that used car dealers fix any outstanding safety defects
before selling a used car. Do you agree that used car dealers should
not be allowed to sell used vehicles with unrepaired safety defects?
Answer. If confirmed, I will seek appropriate briefings regarding
this issue and will fully consider the issue of requiring used car
dealers to repair open safety recalls before selling used vehicles.
Question 20. The Department of Justice recently charged six VW
executives in its emissions-cheating scandal, and announced that the
company has pled guilty to three criminal felony counts and agreed to
pay a total of $4.3 billion in criminal and civil penalties. In
contrast, GM was not charged and was only ordered to pay a mere $900
million in penalties for an ignition switch defect that has been tied
to at least 124 deaths. Neither GM nor any of its executives faced any
criminal charges despite accusations of misleading safety regulators
and delaying potentially lifesaving decisions. Families who lost loved
ones as a result of the GM ignition switch defect deserve an explicit
acknowledgment of criminal wrongdoing, individual criminal
accountability, as well as a larger monetary penalty. Do you agree that
automakers and their executives that conceal a dangerous product for
over a decade and that kills 124 people should face criminal penalties?
Answer. If I am confirmed, I would expect USDOT to work with other
appropriate Federal agencies to pursue all appropriate remedies against
persons who harm the public with unreasonably dangerous products.
Question 21. I am concerned about the unnecessary use of hazardous
flame retardant chemicals, which have been linked to serious health
effects and environmental harms. Children are especially vulnerable to
the toxic effects of these chemicals since their brains and bodies are
still developing. Most children's car seats contain these dangerous
chemicals in order to comply with for flammability standards for
vehicles and children's car seats set by NHTSA. NHTSA recently
initiated a two-year research program on flammability standards,
including those for children's car seats.
If confirmed, will you support this research and work to update the
Federal Motor Vehicle Safety Standards to eliminate the unnecessary
exposure to toxic flame retardant chemicals from children's car seats?
Answer. If confirmed, I will seek appropriate briefings regarding
this issue and will fully consider the issues surrounding the use of
flame-retardant chemicals, including any ongoing research.
Question 22. In September 2016, NHTSA issued the Federal Automated
Vehicle Policy, updating its previously issued 2013 guidance on
autonomous vehicles (AV). These guidelines are not mandatory. In May of
2016, a Tesla Model S equipped with Tesla Autopilot crashed, raising
questions as to the performance of the vehicle's technology and whether
it caused or contributed to the crash.
It's been reported that several auto manufacturers including Tesla,
Ford, BMW, and Volvo are promising to have fully autonomous cars on the
roads within five years. The next Secretary of Transportation will play
a critical role as we enter a new period of advanced automated
technologies in transportation.
Do you have any concerns that voluntary guidelines may be
insufficient to protect the American public from unreasonable risk of
crashes involving AVs during the testing and deployment of this
technology?
Should DOT require manufacturers of AVs to perform a minimum level
of due diligence testing and analysis to ensure that AVs work safely
and properly before they are tested on public roads or sold to
consumers?
If confirmed, will you commit to instituting an effective
regulatory framework for automated vehicle technology, including
automatic emergency braking systems currently being sold without any
performance guarantee for consumers that provides a level playing field
for developers and manufacturers and insures public safety?
Answer. If confirmed, I will seek appropriate briefings regarding
this emerging technology, including the issues of voluntary guidelines
for AV manufacturers, testing and analysis of AV technology and
applications, and will fully consider an appropriate regulatory
framework for AV technology.
Question 23. It has been reported that Takata, the airbag supplier
responsible for the unprecedented recall affecting 42 million vehicles
in the United States, is actively soliciting new investors and
contemplating bankruptcy or similarly major restructuring in order to
keep factories running and manufacturing replacement airbag. Do you
agree that any restructuring of Takata should occur on terms that
accelerate the availability of replacement parts, end the dangerous use
of ammonium nitrate as an airbag propellant, and help the overall
recall effort?
Answer. If confirmed, I will seek appropriate briefings regarding
this issue and will fully consider an appropriate USDOT position with
respect to any Takata restructuring.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal
and Hon. Edward Markey to Hon. Elaine L. Chao
Question 1. The Jones Act prohibits any foreign-built or foreign-
flagged vessel from engaging in trade between two U.S. ports. Only U.S.
ships can go from U.S. port to other U.S. ports. This law, which has
been around for decades, is a critical measure that protects the U.S.
domestic maritime industry.
As the head of the department charged with carrying out this
important law and making sure it has teeth, what can you say about the
importance of the Jones Act and the need to have a strong U.S.-flagged
fleet? Will you commit to supporting an American maritime industry that
provides American economic, military, and homeland security?
Answer. The Jones Act is designed to provide our country with a
strong U.S. Flag fleet that engages in trade between our U.S. Ports and
is available to meet national security requirements. I support the U.S.
Jones Act and the American maritime industry it serves. If confirmed, I
will look for ways to help increase opportunities to increase the
number American merchant mariners and ships needed to serve our
country's economic needs and to meet our defense sealift requirements.
Question 2. The Department's current occupant crash protection
standards require vehicles to include warning labels informing
consumers stating: ``The BACK SEAT is the SAFEST place for children.''
However, we understand that the seat back failure risk can be mitigated
by placing children behind unoccupied front seats, such as the empty
middle seat, for which there is no front seat, or behind the lighter
front seat occupant. Consumers are currently not advised that the
middle seat may be the safest. In the meantime, ensuring consumers have
this critical information could be a good and commonsense first step.
If confirmed, will you ensure consumers have the most accurate and
up-to-date information regarding the safest seat and position for
children?
Answer. Yes. If I am confirmed USDOT under my leadership will work
to develop and disseminate the appropriate information.
Question 3. Major airlines have taken actions to prohibit third-
party travel websites from accessing published fare, schedule, and seat
availability data. We believe consumers should be able to make apples-
to-apples comparisons among fares and flights and select the best price
and itinerary for themselves. Promoting access to transparent pricing
information is not only good for consumers, it is also good for
competition in the airline industry. In October, DOT announced it would
seek public comment on actions airlines have taken to restrict online
travel sites from listing publicly available fare and flight
information. So far, over 50,000 comments have been filed underscoring
the importance of comparison shopping and the need for transparency in
the marketplace.
Do you think it is important for airline consumers to have
access to information they need to make informed purchasing
decisions?
If confirmed, will you use take action to ensure that
airline consumers have access to comprehensive, transparent
flight information?
Answer. I have not yet been fully briefed on this issue. If
confirmed, I look forward to working with Congress after I have a
better understanding of the subject and your concerns.
Question 4. NHTSA plays a critical role in overseeing recalls and
making sure they proceed expeditiously, and is responsible for
overseeing the largest and most complex safety recall in U.S. history--
the Takata airbag recall. The Takata airbag defect has resulted in 11
deaths and over 180 injuries in the United States, to date, and the
largest civil penalty in NHTSA's history. Test data released by NHTSA
reveal that certain vehicles with these defective Takata airbags show
rupture rates as high as 50 percent in a crash.
If confirmed, what will you do to accelerate the replacement of
these dangerous defective devices?
Answer. If I am confirmed, USDOT and NHTSA will work to encourage
expeditious replacement of defective Takata airbags.
Question 5. Car Cybersecurity--In October 2016, the National
Highway Traffic Safety Administration (NHTSA) issued guidance for
improving motor vehicle cybersecurity to protect vehicles from
cyberattacks. The guidance recommends that automakers sufficiently
allocate resources to enhance product development, research, testing,
and authentication of cybersecurity protections. However, this guidance
from NHTSA is merely voluntary. How do you plan to monitor and enforce
vehicle cybersecurity initiatives given that the guidance is voluntary?
Do you agree that the automotive industry and consumers would benefit
from a regulatory framework that outlines mandatory requirements for
vehicle cybersecurity systems?
Answer. If confirmed, I will seek appropriate briefings regarding
this issue and will fully consider how to monitor voluntary compliance,
and whether and how to promulgate regulations for vehicle
cybersecurity.
Question 6. Dedicated Short Range Communications (DSRC)--In
December, the Department of Transportation (DOT) released a proposed
rule that may require new light-duty vehicles to have vehicle-2-vehicle
communication technologies. These technologies use Dedicated Short
Range Communications (DSRC) to share speed, direction data, and other
transportation information to prevent accidents and reduce congestion.
While these new technologies have the potential to save lives,
security and privacy cannot be an afterthought in this new era of
connected cars. If hackers access a vehicle's systems, privacy could be
compromised, the safety of the vehicle could be put at risk, and
disaster could ensue.
As this important rulemaking proceeds, how would you ensure that
vehicles have robust cybersecurity and privacy protections in place
when automakers deploy vehicle-2-vehicle and vehicle-2-infrastructure
communication technologies?
Answer. If confirmed, I will receive a full briefing from NHTSA
regarding all proposed Vehicle-2-Vehicle or Vehicle-2-Infrastructure
regulations. I want to ensure that any such regulations are safe,
secure, and useful to the driving public. I appreciate the role that
new technology can play in saving lives. That said, safety, security
and privacy in the motor vehicle is of paramount importance.
Question 7. Aircraft Cybersecurity--As new technologies continue to
enhance all aspects of the airline industry, airplanes and airline
operations have become increasingly interconnected. With these
technological advancements come great benefits, including improved
flight navigation, additional communications abilities, and greater
operational efficiency. However, we are concerned that these
technologies may also create vulnerabilities that if exploited could
threaten our aviation safety and security.
Recently, the Federal Aviation Administration's (FAA) Aviation
Rulemaking Advisory Committee (ARAC) submitted a report and provided
cybersecurity rulemaking recommendations to the FAA.
In light of this report, would you direct the FAA to initiate a
rulemaking to ensure our aircraft, ground support equipment, and
operations and maintenance practices are protected from cyberattacks?
Answer. As I indicated during my testimony before the Committee,
safety is my top priority. As you know, security and safety go hand-in-
hand. One of the most important aviation safety issues today is
cybersecurity given the enhanced connectivity of aircraft. I am aware
of the ARAC report. If confirmed, I will review to determine whether
regulatory action to ensure that we have a strong aircraft systems
information security and protection (ASISP) policy. I look forward to
working with Congress, the Transportation Security Administration (TSA)
and the private sector to combat unauthorized access to aircraft
systems and networks.
Question 8. FAIR Fees--Airline fees have climbed as high as the
planes passengers are traveling on, and we must stop their rapid ascent
to protect the everyday airline passenger. Will you investigate and
take action against airlines charging fees that are unfair?
Answer. I will take seriously the statutory mandate to prevent
unfair, deceptive and anticompetitive practices in air transportation.
This would include vigorous enforcement action against any air carrier
that imposes ancillary fees in an unfair or deceptive manner.
Question 9. 18-Year-Old Truckers--The Fixing America's Surface
Transportation (FAST) Act contained a provision permitting members of
the military and veterans between the ages of 18 and 21 to drive large
trucks across state lines. Given the higher rate of accident among
teenagers, how will you ensure this pilot program does not result in
more deaths on our roads?
Answer. The Fixing America's Surface Transportation (FAST) Act
required the Federal Motor Carrier Safety Administration (FMCSA) to
conduct a pilot program which allows a limited number of individuals
between the ages of 18 and 21 to operate commercial motor vehicles in
interstate commerce, if they received specified heavy-vehicle driver
training while in Military service and are sponsored by a participating
motor carrier.
If confirmed, I will work to ensure that our veterans are given
every opportunity to demonstrate safe compliance with operating
commercial vehicles. The outcomes of any pilot will ensure the
department remains focused on safety.
Question 10. Safety Scores--How would you ensure Americans can
readily access accurate safety information and data on motor carrier
safety? What specific steps will you take to ensure that full safety
scores will again be made publicly available? When will this occur?
Answer. The FAST Act required the National Academies of Science
(NAS) to conduct a thorough safety correlation study of Compliance,
Safety, Accountability (CSA) and the Safety Management System (SMS). A
contract with the NAS was awarded in February 2016. Within 18 months of
the enactment of the FAST Act (June 2017), FMCSA is to submit the
results of this study, and any planned actions in response to the study
to both Congress and the OIG. The results will also be published on a
publicly-accessible DOT website.
Question 11. Driver Fatigue--While driver fatigue is one of the
leading causes of motor carrier crashes, it is also one of the most
preventable. What specific steps would you take to keep tired truck and
bus drivers off the road? How have recent actions by Congress on hours
of service regulations impacted safety on our roads?
Answer. Congress recently enacted language in the FY 2016
appropriations legislation, that required FMCSA to complete a study
about provisions of the 34-hour restart. If confirmed I will review and
submit the information to those specified in the enacted legislation.
Additionally, The FMCSA Electronic Logging Devices (ELDs) and
Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a
statutory requirement of the Moving Ahead for Progress in the 21st
Century Act (MAP-21), enacted by Congress in July 2012. The final rule
was published on December 15, 2015, and establishes: Requirements for
the mandatory use of ELDs by drivers currently required to prepare HOS
records of duty status (RODS); Minimum technical specifications for
ELDs, including a requirement to certify and register ELD systems with
FMCSA; Requirements for HOS supporting documents; and Measures to
address concerns about harassment resulting from the mandatory use of
ELDs. The compliance date for the ELD Final Rule is December 18, 2017.
As stated above, this rule is designed to positively affect the fatigue
issues that have historically existed in the motor carrier industry.
After FMCSA published the final ELD Rule, the Owner-Operator
Independent Drivers Association (OOIDA) and two individual owner-
operator truck drivers filed a challenge to the rule in the United
States Court of Appeals for the Seventh Circuit. The American Trucking
Associations, Inc., and, in a joint filing, the Trucking Alliance for
Driver Safety and Security and the Advocates for Highway and Auto
Safety filed amicus briefs in support of the final rule. On October 31,
2016, the court denied the petition for review and held that the ELD
rule is not arbitrary or capricious, nor does it violate the Fourth
Amendment.
______
Response to Written Questions Submitted by Hon. Brian Schatz to
Hon. Elaine L. Chao
Question 1. As discussed in the hearing, Senator Heller and I
worked to include safe streets provisions in the FAST Act.
Specifically, these provisions require that the agency encourage states
and MPOs to adopt safe streets policies and design standards, develop a
report to Congress that identifies the level of adoption and best
practices.
If confirmed, can you provide my office a list of state or MPOs
that USDOT has worked with to support adoption of safe street policies?
Answer. If I am confirmed, I expect to request that USDOT provide
your office with a list of state or MPOs that USDOT has worked with to
support adoption of safe street policies.
Question 2. In October of 2016 the Road to Zero coalition was
created in partnership with NHSTA, FMCSA, FHWA, and the National Safety
Council. The coalition is committed to reducing the number of roadway
fatalities to zero within thirty years. Today that coalition has the
support and participation of a diverse array of stakeholders including
government agencies, advocacy groups, manufacturers, technology
companies, and more.
As discussed in your nomination hearing, safe streets planning and
design is a cost-effective solution to preventing fatalities. Will you
work to ensure FHWA's staff are engaged in the coalition's work to make
sure safe streets practices are a central focus of the coalition's
work?
Answer. If I am confirmed, I expect to work to ensure that FHWA
staff appropriately supports the work of the coalition.
Question 3. The Maritime Security Program (MSP) maintains a 60-ship
fleet of privately-owned U.S.-flag ships operating in international
commerce. These ships are made available to the Department of Defense
(DOD) to meet military sealift requirements. This program is
administered by the agency through MARAD.
MARAD approved the replacement of two 5,000-TEU MSP containerships
with two smaller 1,100 and 1,600 TEU MSP containerships and permitted
them to operate in a domestic trade (i.e., Guam) competing against an
American shipping company that does not receive any MSP stipend.
This development is concerning. The MSP was intended to maintain a
U.S.-flag fleet in international trades. It was not intended to provide
financial support for U.S.-flag vessels carrying cargo between domestic
ports. It was not intended to create an unfair playing field for
domestic trades, whereby one U.S.-flag operator receives financial
support from the government and the other does not.
Will you prioritize the review of this situation? I look forward to
working with you on this issue because we must ensure that MARAD is not
paying MSP operators for the period in which they carry cargo in
domestic trades, and competing in those same trades against American
shipping companies that do not receive MSP payments.
Answer. I understand and appreciate the importance and role of the
Maritime Security Program (MSP). Thank you for bringing this to my
attention, and if confirmed, I will request a briefing with the
Maritime Administration in order to consider this issue further and
will work with your office once this has occurred.
Question 4. Sprawling development patterns are more expensive to
operate on a per capita basis and strain municipal budgets. That is why
it is so important that DOT promote better transportation and land use
development, especially around quality transit. My state has
prioritized smart, transit oriented development (TOD) that will enable
us to maximize economic development from our transportation investments
and reduce government operating costs.
TOD offers a mix of development uses and amenities within a
walkable distance of quality transit. It encourages greater transit
ridership, which decreases operating subsidies. It also improves
location efficiency for individuals to access essential destinations
such as jobs, groceries, or health care visits.
Congress recognizes the importance of TOD and has established a TOD
planning grant program to support grant recipients of FTA's Capital
Investment Grant program. FTA has also established a technical
assistance program to support TOD strategic plans. Honolulu is
scheduled to receive TOD technical assistance from FTA in April 2017.
Can I get your commitment to work with me to ensure Honolulu's TOD
technical assistance goes forth as scheduled?
Answer. If I am confirmed, I expect USDOT to continue to provide
appropriate TOD technical assistance to Honolulu.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Hon. Elaine L. Chao
Question 1. Seatback Failure--Front seatback failures during a
rear-end crash can jeopardize the safety of back seat passengers. Since
the 1996 Airbag and Seat Safety Campaign informed adults that the
safest place for infants and children is in an automobile's back seat,
these young vehicle occupants are especially vulnerable to injury or
even death due to front seatback collapse. Yet, the U.S. Department of
Transportation has not updated Federal Motor Vehicle Safety Standard
(FMVSS) 207--the regulation that defines seat back strength standards--
since 1967. Meanwhile, the Center for Auto Safety reported an average
of 50 children placed behind occupied front seats have died each year
in rear-end incidents. Further, at least 3,455 injuries and 326 deaths
from vehicle accidents between 2003 and 2016 across 16 automakers refer
to a seating issue in their report to the Early Warning Reporting
system.
Given the number of deaths and injuries associated with rear-end
collisions that result in seat system failures, will you review and
promulgate updates to seating standards, including the half-century-old
FMVSS 207?
Answer. As I stated during my hearing, if I am confirmed, safety
will be the number one priority for all transportation modes in the
Department. Every pending and proposed safety rule, as well as all
future rulemaking, will be based on data-driven, risk-based analysis.
Question 2. Early Warning Reporting (EWR)--The National Highway
Traffic Safety Administration's (NHTSA) Early Warning Reporting
requirements were established in 2000 after the Ford/Firestone safety
crisis in which defective tires caused Ford trucks to roll over. These
requirements were supposed to provide more information about
potentially fatal safety defects to the public. But NHTSA's regulations
that implemented the Early Warning Reporting system allow automakers to
keep accident reports secret. Will you direct NHTSA to make more EWR
documents public in order to increase transparency and save lives?
Answer. If confirmed, I will review with NHTSA the current
reporting requirements for auto manufacturers. Early Warning Reporting
data is valuable to the agency, and I will receive a briefing regarding
what data is collected and how it is used. I will work to ensure the
agency protects proprietary information, while still sharing important
safety data with the public.
Question 3. Tire Pressure Monitoring Systems--The National Highway
Traffic Safety Administration's (NHTSA) current rules allow drivers to
recalibrate tire pressure monitoring systems, which electronically
gauge if a vehicle's tires have the appropriate air pressure, to
dangerous pressure levels without alerting the driver. As a result,
drivers could unintentionally increase the risk of a tire failure or
blow out. To address this safety hazard, I included a provision
(Section 24115) in the Fixing America's Surface Transportation (FAST)
Act that requires NHTSA to update its rules to ensure that tire
pressure monitors cannot be recalibrated to unsafe levels. My provision
requires the Department of Transportation (DOT) to publish proposed
rule by December 4, 2016. As the Secretary of Transportation, will you
swiftly complete this rulemaking?
Answer. If confirmed, I will review NHTSA's work regarding any
proposed regulation concerning tire pressure monitoring systems. While
a vehicle owner is free to modify a purchased vehicle, it is important
to ensure that after-market changes are not inadvertently dangerous. If
NHTSA has been directed by law to propose a rule making, I will work
with the agency to meet deadlines and to keep Congress apprised of any
issues or problems related to the proposal.
Question 4. Secondary Barriers--The 9/11 Commission described
``failures of imagination'' as a primary reason we were unable to
prevent those fateful attacks. That's why I support expanded use of
secondary barriers, which is a fortified screen that protects the
aircraft cockpits while the cockpit door is opened. These secondary
barriers could prevent another tragedy. Will you initiate a rulemaking
to require aircraft to have secondary barriers?
Answer. Aviation safety will be my highest priority. In response to
the terrorist attacks of September 11, 2001, the Transportation
Security Administration (TSA) has established a multi-layered, risk-
based approach to aviation security that has prevented any breaches of
cockpit security in the United States. One of the security mandates
that resulted from 9/11 is the installation of fortified cockpit doors
on commercial aircraft. If confirmed, I will ask the FAA to determine
whether the installation of secondary cockpit barriers are necessary to
further enhance cabin security.
Question 5. Airplane Noise--What steps should the Federal Aviation
Administration take to abate noise around airports, including Boston's
Logan Airport?
Answer. NextGen technology and procedures, the introduction of new,
more fuel-efficient aircraft and aircraft technologies, and more
stringent international standards will help drive reductions in
aircraft noise in communities situated near airports. Airspace redesign
and the implementation of performance-based navigation (PBN) procedures
at Boston Logan and other major airports around the country--part of
FAA's Metroplex program--is an important ongoing initiative to reduce
noise.
Continued support for eligible noise abatement projects in homes
exposed to excessive aircraft noise is another existing program that
has helped mitigate the impact of aircraft noise. FAA also needs to
improve its communication with communities located near airports before
implementing PBN and other NextGen procedures at airports.
Question 6. Port Infrastructure--Without strong investment in
America's ports, our shipping industry and the thousands of companies
and millions of workers who rely on an efficient, effective American
shipping network could suffer from increased costs of production,
decreasing our countries' competitiveness in an increasingly globalized
economy. What steps will you take to improve America's ports? How will
you address our ports dredging, landside infrastructure, and intermodal
infrastructure needs?
Answer. I recognize the important role our country's ports and
harbors play in our economy. This infrastructure is critically
important and we must ensure our Nation's multi-model freight network
incorporates every mode of transportation. If confirmed I will look
into how the Harbor Maintenance Trust Fund is utilized and will ensure
the Department develops a comprehensive plan to ensure our ports are
efficient and connect our farmers, manufacturers, and consumers to the
world marketplace.
Question 7. Maritime--In March, Administrator Paul Jaenichen Sr.,
the former Administrator of the U.S. Maritime Administration, stated at
a House Armed Services subcommittee hearing that the United States will
need 70,000 new people for the Nation's maritime fleet by 2022. As the
Secretary of Transportation, how would you support Maritime Academies
and ensure that we have a robust merchant mariner workforce? Please
describe how you will support the construction of a new class of
training ships for the Academies?
Answer. Having experience at the USDOT as both the head of MARAD as
well as the Deputy Secretary has given me a strong background in these
areas. MARAD's own King's Point is a key component of a robust merchant
mariner workforce. King's Point, along with the other six other State
maritime academies will be responsible for ensuring a sufficient number
of mariners are always in the pipeline to meet our needs. If confirmed,
I will review the current situation and will propose innovations to
ensure we retain this capability.
As for the training ships, I understand this is an aging fleet and
a replacement or service life extension program will have to be
developed. If confirmed, I will look into this matter and will then
propose recommendations to this ongoing issue.
Question 8. Takata--Air bag manufacturer Takata acknowledged a
safety defect with its air bag inflators in May 2015. Since then,
Takata initiated a recall which has become both the largest safety
recall and one of the most confusing to automobile consumers to date.
Recent efforts by the U.S. Department of Justice to negotiate a
criminal fine with Takata is adding a layer of complexity to the
automotive safety crisis. Additionally, if Takata declares bankruptcy,
it is possible that it could be more difficult for NHTSA to enforce its
consent order requiring Takata to replace all defective airbags, and
this could leave the costs of the replacements for the auto
manufacturers to pay.
How will you work with DOJ so that policies introduced by NHTSA are
respected and enforced, and to ensure that any bankruptcy or
restructuring that Takata goes through does not jeopardize its
responsibility to manufacture and pay for safe replacement airbags?
Answer. If confirmed, I intend to receive detailed briefings from
NHTSA staff regarding the Takata airbag recall. I can assure the
Committee that safety will be my top priority, and as Secretary, I will
ensure that all recalls are completed as swiftly and effectively as
possible. All motor vehicle recalls are important, and I will work with
the NHTSA staff and the Congress to make certain our resources are used
wisely. I will seek appropriate briefings regarding this issue and will
fully consider an appropriate USDOT position with respect to any Takata
restructuring.
Question 9. Ejection Mitigation--NHTSA established Federal Motor
Vehicle Standard 226 to help prevent vehicle occupant side window
ejections, but similar requirements were not extended to sun/moon roofs
or back windows. The preamble to NHTSA's final rule explains the
agency's belief that developing standards and countermeasures for these
other vehicle portals would not be cost effective despite the continued
harm caused to vehicle occupants from partial or complete ejections
stemming from a sun/moon roof or back window.
Given NHTSA's role to protect vehicle occupants from known safety
threats, are you committed to further researching the prevalence of
sun/moon roof and rear window injuries and fatalities? If no, why not?
If yes, then would you also be willing to develop appropriate
countermeasures to mitigate sun/moon roof and rear window ejections
should the agency's research determine it is warranted?
Answer. Preventing fatalities due to vehicle ejection is a safety
priority. If confirmed, I will direct NHTSA to brief me regarding their
research on potential changes to FMVSS 226 related to sun/moon roof
ejection. Safety is the top priority and, whenever possible, NHTSA
should review their motor vehicle standards to ensure they are current
and based on the most recent research and data.
Question 10. Electronic Vehicle Technology--Many OEMs are investing
in electric vehicle technology to enhance the prevalence of electric
vehicles in their vehicle fleet, and their affordability for consumers.
Among the provisions in Section 1413 of the FAST Act is a plan for the
development of a national electric vehicle charging infrastructure,
which would extend the access and usability of electric vehicle
technology into more cities across America. Will you support and
advance efforts to achieve the FAST Act's goal of building an electric
vehicle charging infrastructure by the end of Fiscal Year 2020?
Answer. As required by the FAST Act, Secretary Foxx and President
Obama announced the current Electric Vehicle Charging Corridors on Nov.
3. Should I be confirmed, I look forward to working with Congress, and
all of the stakeholders, to review the progress being made in these
corridors, to identifying additional facilities that could be included
in these initiatives, incorporating existing fueling and charging
areas, and reviewing the use and demand of the existing vehicle
charging and fueling infrastructure consistent with the law.
Question 11. National Park System Transportation Systems--
Massachusetts has many wonderful natural and historical treasures,
including our national park system sites, such as Freedom Trail, Cape
Cod National Seashore, Minute Man National Historical Park, Faneuil
Hall, and Salem Maritime National Historic Site. But my constituents
cannot enjoy these sites if they cannot access them. Fixing America's
Surface Transportation (FAST) Act created the National Advisory
Committee on Travel and Tourism Infrastructure to advise the Secretary
of Transportation on matters relating to the role of intermodal
transportation on facilitating travel and tourism. Will you commit to
ensuring that the work of the Advisory Committee sufficiently evaluates
the transportation priorities and needs of the national park system,
including those in Massachusetts?
Answer. Facilitating travel for all Americans is an important
mission of the USDOT. I intend to be fully briefed on the activities of
the National Advisory Committee on Travel and Tourism Infrastructure,
if I am confirmed.
Question 12. Whistleblower--During Mr. Trump's campaign, there were
reports that even volunteers were required to sign non-disclosure
agreements. And following his election, there were also reports that
transition officials were requesting information about career employees
who worked on issues such as climate change at the Energy Department or
women's issues at the State Department. Any implication that people who
worked on advancing policies that the new President disagrees with may
be targeted or retaliated against could create a chilling effect on
non-political Federal employees simply trying to do their jobs.
If you are confirmed, will you commit to protect the rights of all
employees at the Transportation Department?
Answer. I am not aware of any of the actions you have mentioned in
this question. That said, employment law will be equally applied and
complied with at USDOT under my leadership, as it will among all
agencies.
Question 13. Those rights include the right for civil servants to
communicate with Congress, and in fact it is against the law to deny or
interfere with their right to do so. If you are confirmed, do you
commit to protect this fundamental right as well?
Answer. The Constitutional rights of all DOT employees will be
respected and upheld under my leadership, if I am confirmed.
Question 14. There are several laws that describe the rights of
civil servants to communicate with Congress and the protections they
are afforded, and I have provided a brief description of those below.
If you are confirmed, will you commit to communicate these rights via
e-mail to all Transportation Department employees within a week of your
arrival at the Agency?
Answer. Current law provides the various mechanisms with which
USDOT employees may communicate with Congress and other officials,
including a whistleblower hotline at the Office of the Inspector
General, as well as other methods prescribed by law.
______
Response to Written Questions Submitted by Hon. Cory Booker to
Hon. Elaine L. Chao
Question 1. Gateway Program/Northeast Corridor Investment--As you
may know, a recent economic analysis of the Gateway Program
demonstrated that every dollar invested in the Program returns $4 in
economic benefits to the region. As the Northeast Corridor contributes
some 10 percent of the Nation's Gross Domestic Product, how important
do you believe this project is to the national economy?
Answer. The components of the Gateway Program contain some of the
most important passenger rail track in the country. It is a project of
great importance that impacts our economy and the daily lives of
millions of Americans. If confirmed, I will request a full briefing on
the status of the program and I look forward to working with you to
identify and pursue the best course forward.
Question 2. The current Hudson River tunnels were built in 1910 and
suffered extreme damage during Superstorm Sandy. The 450 NJ Transit and
Amtrak trains that use the tunnels each day are at risk of a complete
disruption if new tunnels are not built. I have worked closely with
Senators Menendez, Schumer, and Gillibrand along with Secretary Foxx,
Governor Christie, and the Port Authority to advance the Gateway
Program. Can you commit to partner with New Jersey and New York to
prioritize investment and expedite the completion of the Gateway
Program?
Answer. The importance of the Gateway Program cannot be overstated.
If confirmed, I look forward to working with you, the Gateway
Development Corporation, industry and state and local leaders to
address the needs of the program as we continue to make progress.
Question 3. What's your plan to streamline environmental reviews,
planning and construction of the full Gateway Program including a new
Hudson River Tunnel, an expanded Penn Station and other associated
infrastructure?
Answer. Our administration will receive briefings on major projects
and their cost/benefit analysis as part of the President-elect's
Infrastructure Plan. It would be premature to speculate about any
specific project prior to such briefings
Question 4. I brought Secretary Foxx to see the existing tunnels,
and would welcome the opportunity to bring you up to New Jersey to see
the state of these tunnels. Can you commit to visit New Jersey and the
Hudson River tunnels with me?
Answer. Our administration will receive briefings on major projects
and their cost/benefit analysis as part of the President-elect's
Infrastructure Plan. Visiting key projects such as this is certainly
something I hope to do, in order to get a better understanding of the
situation.
Question 5. I believe we must take a holistic approach to improving
our Nation's transportation network. Modes work together to provide a
network of mobility and sometimes investments in a single mode can
enhance the whole network by reducing demand or generating efficiency
in other modes as a secondary impact. When the Federal Government
invests in our intercity and commuter railroads on the Northeast
Corridor, we are also investing in our highway and aviation systems by
removing cars from roads and bridges and freeing up slots at congested
airports. Do you agree that it is essential to consider this when
looking at the overall transportation network in the U.S.?
Answer. The concept of intermodal transportation has been around
since the 1970s. Despite significant progress in this area, we still
have different modes of transportation that often view each other as
competitors rather than as complimentary pieces of the Nation's
transportation network. Our different modes of transportation should
focus on how they can provide a seamless, more dynamic system for the
benefit of the consumers, shippers and overall quality of life for our
country.
Question 6. The Amfleet 1, single-level passenger cars dating from
the mid-1970s is the backbone of Amtrak's Northeast Corridor Regional
and eastern State-Supported passenger car fleet. It is approaching the
point where it will require complete rebuilding or replacement.
Purchasing new equipment will be more cost-effective and will improve
Amtrak's product, enhance customer experience, lower maintenance cost,
increase safety and accessibility and support domestic manufacturing.
Investment in this type of product will create a number of good jobs in
this industry. Would this type of job creating investment be a priority
for your department?
Answer. At this point, it would be premature for me to speak to the
replacement of Amtrak's Amfleet until I have had a thorough briefing on
the matter. If I am confirmed, I will request a full review Amtrak's
Amfleet and I look forward to following up with you on this matter.
Question 7. Truck Safety--Every year, over 4,000 people are killed
and nearly 100,000 are injured in large truck crashes. In 2015, 4,067
people were killed in crashes involving large trucks. This is an
increase of more than 4 percent from the previous year and a 20 percent
increase from 2009. Further, this is the highest fatality number since
2008. Early release data for 2015 shows that 116,000 people were
injured in crashes involving large trucks, which is an increase of 57
percent since 2009.
I am concerned that in recent years we have seen rollbacks in
common sense truck safety protections, and I want to make sure that we
can work together to reduce fatalities on our roads.
Can you please describe your plan to address the rising rate of
fatalities from large truck crashes?
Answer. As I noted in my confirmation hearing, safety will be the
number one priority for the Department under my leadership. Technology
can leverage safety achievements and incentives for encouraging fleet
owners to invest in safety technologies on their commercial vehicles is
important to save lives on our highways. The use of Electronic Logs for
example have been a high priority for the FMCSA.
It is also my understanding that DOT believes half of all CMV
accidents are actually caused by automobiles. If confirmed, I will ask
the NHTSA and FMCSA Administrators to work closely together to develop
and implement a safety plan which will reverse the increasing accident
numbers from recent years.
Question 8. During your confirmation hearing, you noted that
workers cannot protect themselves and they need the protection of
Federal regulations. If confirmed, will you prioritize issuing
regulations that protect truck drivers, specifically the rule requiring
most commercial motor vehicles to install speed limiters?
Answer. As I stated above, I am aware that despite efforts of the
current administration, trucking crashes have increased. If confirmed,
I will ask the FMCSA and NHTSA Administrators to work together closely
to identify the root cause of accidents, and why the current regulatory
posture of the agency has not effectively reduced these number and to
see what initiatives will be effective at reducing the number of
crashes, deaths, and injuries.
Question 9. Will you reject any weakening of rules that protect
truck drivers such as the Hours-of-Service and Electronic Logging
Device regulations?
Answer. Congress recently enacted language in the FY 2016
appropriations legislation, that required FMCSA to complete a study
about provisions of the 34-hour restart. If confirmed I will submit the
information to those specified in the enacted legislation.
Additionally, The FMCSA Electronic Logging Devices (ELDs) and
Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a
statutory requirement of the Moving Ahead for Progress in the 21st
Century Act (MAP-21), enacted by Congress in July 2012. The final rule
was published on December 15, 2015, and establishes: Requirements for
the mandatory use of ELDs by drivers currently required to prepare HOS
records of duty status (RODS); Minimum technical specifications for
ELDs, including a requirement to certify and register ELD systems with
FMCSA; Requirements for HOS supporting documents; and Measures to
address concerns about harassment resulting from the mandatory use of
ELDs. The compliance date for the ELD Final Rule is December 18, 2017.
After FMCSA published the final ELD Rule, the Owner-Operator
Independent Drivers Association (OOIDA) and two individual owner-
operator truck drivers filed a challenge to the rule in the United
States Court of Appeals for the Seventh Circuit. The American Trucking
Associations, Inc., and, in a joint filing, the Trucking Alliance for
Driver Safety and Security and the Advocates for Highway and Auto
Safety filed amicus briefs in support of the final rule. On October 31,
2016, the court denied the petition for review and held that the ELD
rule is not arbitrary or capricious, nor does it violate the Fourth
Amendment.
Question 10. Will you commit to ensuring that, during your time as
Secretary, the Department will not advance policies that can be used to
justify requiring truck drivers to operate larger and heavier trucks?
Answer. I recognize there is a lack of consensus on truck size and
weight. The FAST Act requires the U.S. DOT to submit to the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives, a report describing the safety and enforcement impacts
of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST Act. If
confirmed, I will ensure that FHWA will require safety and enforcement
information for this report as part of the State enforcement plan
required under 23 CFR 657.
Question 11. Technology and Innovation--The previous administration
went to great lengths to promote the use of technology in the
transportation sector. From working to remove regulatory barriers for
unmanned aerial systems (UAS), to the creation of a Federal automated
vehicle policy, to implementing the Smart City Challenge, technology
and innovation were at the forefront of solving our most pressing
transportation and safety challenges. How do you plan to harness new
technologies at the Department of Transportation (DOT) once you are
confirmed?
Answer. I believe that the greatest source for new technologies and
innovation is the private sector. If confirmed, I will endeavor to
ensure DOT promotes an environment that encourages technological
innovation in the transportation sector.
Question 12. Autonomous Cars/Persons with Disabilities--As you may
know, the emergence of self-driving cars holds great promise for many
people who have traditionally been disenfranchised. These autonomous
vehicles can help provide greater independence to older Americans and
persons with disabilities, providing them greater access to employment
opportunities and health care.
Under your leadership, will DOT further explore the benefits of
autonomous cars for persons with disabilities?
Answer. I agree, autonomous vehicles have a tremendous potential to
provide benefits to a wide variety of Americans, including the elderly
and persons with disabilities. I look forward to working with you, and
the Congress, to further explore these benefits and the ways to safely
incorporate the technology into widespread use.
Question 13. Rail Safety--I am also deeply concerned about urgent
passenger rail safety issues. Last September, a New Jersey Transit
commuter train crashed into the station terminal in Hoboken, New Jersey
killing one person and injuring over 100. In 2015, an Amtrak derailment
along the Northeast Corridor outside Philadelphia killed eight people
and injured over 200. And again last week, a train derailed on the Long
Island Railroad, injuring over 100 people. While the National
Transportation Safety Board (NTSB) has yet to make a determination on
whether the absence of the safety system known as ``Positive Train
Control'' was a contributing factor in Hoboken or Long Island, we know
it was in the Amtrak incident. Positive Train Control is a critical
system that stands to prevent similar disasters in the future, but
installation of the system is moving slowly across the Nation's
railroads. Will you make Positive Train Control implementation a top
priority for DOT?
Answer. As I mentioned at the hearing, rail safety is one of the
top priorities of the Department of Transportation. As such, the
implementation of Positive Train Control (PTC) and the promise it
potentially brings of enhanced safety and accident avoidance will be
one of my first priorities if I am confirmed. I look forward to working
with this Committee and the Congress as I learn more about the PTC
technology, its implementation and its challenges.
Question 14. Key Transportation Programs--USDOT's successful TIGER
program has granted millions of dollars for innovative port, roadway,
transit and other multimodal projects throughout the US. Additionally,
the Federal Transit Administration's New Starts, Small Starts, and Core
Capacity programs have helped to fund light rail, commuter rail, heavy
rail, streetcar, and bus rapid transit bus rapid transit projects.
Given the vast demand for these grants across the country, how do you
plan to ensure adequate funding levels for critical discretionary and
competitive grant programs that create jobs, spur economic development,
and help to rebuild our Nation's infrastructure?
Answer. Discretionary grants are one tool in the tool box for
facilitation of innovative finance and public-private partnerships. I
intend to consider all options for the most expedient, effective and
efficient delivery of projects.
Question 15. The port of New York-New Jersey, the largest on the
east coast, expects increases in demand in the coming years while also
continuing to grapple with truck congestion and air quality issues. How
do you plan to ensure adequate investment in major seaports that are
key economic drivers for the entire nation?
Answer. We will work to eliminate bottlenecks while seaport
capacity expands. Some of this congestion relief may be relieved by
utilizing more development expertise and suggestions from the state and
local level MPOs plus expanding America's marine highway alternative.
If confirmed, I will ask for further information regarding this
subject.
Question 16. Bicycle and Pedestrian Issues--Communities across the
country are embracing bicycling and pedestrian infrastructure as an
integral part of their transportation network for a number of reasons,
including attracting businesses, workers and younger Americans who are
choosing to live without a car. As secretary how will you support
programs that will help expand this type of important infrastructure to
meet the growing demand?
Answer. If confirmed, I will be briefed fully on the interplay
between Federal, state and local bike and pedestrian programs and
expect USDOT will consider providing appropriate support for such
programs, consistent with the law.
Question 17. Increasing bicycle and pedestrian safety is critically
important. In 2014, just over 700 cyclists were killed in a crash with
a vehicle. On average, nearly 4,500 pedestrians are killed and 68,000
are injured each year since the recent low point in pedestrian deaths
in 2009. In 2015, pedestrian deaths increased 10 percent to 5,376
deaths up from 4,884 in 2014. What is your plan to improve the safety
of bicyclists and pedestrians?
Answer. USDOT has an important role in educating the public and
promoting bicycle and pedestrian safety. If I am confirmed, I expect to
consider continuing support for those efforts consistent with the law.
Question 18. Local Control--As a former Mayor I support providing
additional resources and decision-making authority to local officials
including increasing sub-allocation of Federal resources to the
Metropolitan Planning Organizations (MPOs). What is your plan to ensure
that local officials have a substantial role in transportation
decisions, and do you support additional sub-allocation of Federal
resources to MPOs?
Answer. If I am confirmed, I will obtain full briefings on the
issues surrounding sub-allocating Federal resources to MPOs and will
seek to ensure that local officials have a substantial role in local
transportation issues.
Question 19. Diversity in Transportation Sector--Nearly one in ten
jobs in the United States are in the transportation and/or
infrastructure sector. However, women, workers of color, and workers
with disabilities are significantly under-represented in the sector
compared to their overall participation in the workforce. I am a strong
supporter of the Disadvantaged Business Enterprise (DBE) Program, which
is designed to provide small businesses owned by socially and
economically disadvantaged individuals an equal playing field to
compete for federally funded transportation contracts. Can you commit
to supporting the DBE Program, and describe other steps you will take
as DOT Secretary to connect disadvantaged workers to employment in the
transportation field?
Answer. Current law provides for specific DBE programmatic
requirements. I intend to make equal application of the law a priority
and intend to fulfill my obligations as set forth in applicable
statutes.
Question 20. Wells Fargo--You have been a member of the Board of
Directors of Wells Fargo & Company since 2011. The company's most
recent proxy statement lists your experience and qualifications as
including regulatory, human resources, and governance matters.
As you likely know, on September 8, 2016, Wells Fargo entered into
consent orders with the Consumer Financial Protection Bureau (CFPB) and
the Office of the Comptroller of the Currency (OCC), and a settlement
with the Los Angeles City Attorney. These actions were the result of
Wells Fargo's widespread opening of unauthorized accounts for Wells
Fargo customers and the termination of thousands of employees.
Please explain what actions the Board, Board Committees, or Board
members (including you specifically) have taken to understand and
address Wells Fargo's pervasive practice of opening accounts without
customer authorization.
Answer. The Board strongly believes that opening accounts without
our customers' knowledge or approval is a violation of the bank's
commitment to its customers.
To be clear, the Board was not fully informed of the extent of the
sales practices issue until the eve of the CFPB settlement in September
2016.
When we became aware of this, we took several concrete steps--
1. We stopped the retail sales goals.
2. John Stumpf forfeited $41 million in unvested equity awards and
will not receive a bonus for 2016. He has stepped down as
Chairman and CEO.
3. Another executive was relieved of her duties and forfeited $19
million in unvested equities.
4. The Board amended the by-laws to separate the Chairman and CEO
roles and to require that the chairman by an independent
director.
5. The Board also created a Vice Chair for additional
accountability.
6. The Board has retained independent outside counsel to investigate
the bank's retail sales practices and related matters,
including who knew what and when, and how information was
presented to the Board.
7. Finally, the bank has been proactively reaching out to deposit
and credit card customers who may have had an unwanted account
opened. We are refunding any fees, closing the accounts, and
contacting credit bureaus to protect customers from any harm to
their credit scores.
I believe the Board took strong action to rectify a bad mistake in
judgment by bank managers.
I wish I had more on the details of the problems regarding
unauthorized accounts, but that investigation is ongoing. I am hopeful
that the investigation will answer many of these questions so the Board
can take additional actions as appropriate and address these problems.
It is my understanding that the Board has committed to share the
results of its investigation with Congress upon completion.
Finally, as I have stated previously, if confirmed, I plan to step
down from the Board of Directors of Wells Fargo effective immediately.
Question 21. Funding--In your testimony, you agreed that an
infrastructure bill this Congress would include some direct Federal
investment in transportation, not solely private financing. Do you
think an infrastructure bill should provide supplemental dollars to
existing authorized programs that are underfunded thus far but offer
big impacts in terms of economic benefit, job creation and mobility
benefits, like intercity passenger rail grant programs? Or do you have
ideas for new DOT programs that would distribute Federal grant dollars
via new authorized programs?
Answer. Current USDOT programmatic spending includes both direct
Federal investment and permits private investment in public
infrastructure projects in certain instances. I intend to consider all
options for financing of projects, and intend to be fully briefed on
the various alternatives.
Question 22. Since Amtrak was first created more than 45 years ago,
there has been discussion of including it in a transportation trust
fund. However, this simply has never come to fruition. Instead, Amtrak
relies on discretionary funding one Fiscal Year at a time, which is
unfortunate. This creates uncertainty and wreaks havoc on Amtrak's
ability to plan capital improvement projects. By comparison, highway
and transit programs' dedicated funding via multi-year contract
authority allows for better capital planning and creates efficiencies
and cost savings. It would also be beneficial for intercity passenger
rail to receive predictable and dedicated funding like almost all the
other transportation modes. Would you support including at least a
portion of Federal funding for intercity passenger rail in the trust
fund?
Answer. Today, as you know, Congress appropriates Federal dollars
to Amtrak to subsidize its operations and capital needs. If the
Congress wishes to change the way Amtrak is funded, that is a
discussion that the Administration would need to have with Congress,
and if I am confirmed, I look forward to working with Congress to
discuss this matter.
Question 23. While including intercity passenger rail in the trust
fund is by far the preferred method of Federal funding, have you given
thought to other options for multi-year predictable and dedicated
funding of intercity passenger rail? For example, providing Amtrak with
advance appropriations for several years instead of only funding it one
year at a time. Would you support Congress providing advance
appropriations or creating another trust fund-like mechanism dedicated
to passenger rail?
Answer. At this point, it would be premature to comment on
alternative funding possibilities for Amtrak until I am fully briefed
on this matter. If confirmed, I look forward to a review of all funding
options for Amtrak, and working with you and the Congress to determine
a path forward.
Question 24. Germany recently approved a transportation
infrastructure plan to spend $126 billion on rail projects through
2030. In the United States, which has four times Germany's population,
Federal funding for vital infrastructure investments in the Northeast
Corridor and elsewhere on the national passenger rail network amounts
to just a few hundred million dollars a year. With each new Fiscal
Year, there is no assurance that there will be any additional
predictable and dedicated Federal spending to leverage private and
state investment. How do we attract private investment in passenger
rail infrastructure projects, like Gateway, when the Federal Government
does not support a mechanism for substantial and reliable Federal
investment in passenger rail?
Answer. At this point, it would be premature to comment on
alternative funding possibilities for Amtrak until I am fully briefed
on this matter. If confirmed, I look forward to working with you, the
Committee, and Congress, to look at best practices and all options to
incent private investment in passenger rail infrastructure.
Question 25. National Passenger Rail System--Can you discuss your
vision for intercity passenger rail in the U.S.?
Answer. The continuation and constant improvement of rail service
for all Americans is an important issue. I intend to work with Congress
to address our rail transportation needs, challenges and opportunities.
Question 26. Do you agree that the Federal Government has an
important role to play to help ensure passenger rail remains a viable
option to connect rural communities to the rest of our transportation
network?
Answer. Long distance service by the National Railroad Passenger
Corporation is an important issue facing the incoming administration. I
intend to receive a detailed briefing on the challenges that face our
national rail system and look forward to working with Congress to
address the needs and opportunities for our rural communities.
Question 27. What role do you envision the DOT has to make good on
this commitment to the various rural communities who rely on intercity
passenger rail?
Answer. The Department of Transportation plays a very important
role in regulating our national rail system. Long distance service by
the National Railroad Passenger Corporation is an important issue
facing the incoming administration. I intend to receive a detailed
briefing on the challenges that face our national rail system, and look
forward to working with Congress to address the needs and opportunities
for our rural communities.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Hon. Elaine L. Chao
Question 1. More than 10,000 Americans are killed each year in
alcohol-impaired driving crashes. Drunk driving accounts for roughly a
third of all traffic fatalities. These deaths are preventable. That is
why I support high visibility law enforcement, ignition interlocks for
all offenders, and a promising R&D program to end drunk driving. The
Driver Alcohol Detection System for Safety (DADSS) is a public private
partnership that brings together automakers and the National Highway
Traffic Safety Administration (NHTSA) to develop lifesaving drunk-
driving prevention technology. As transportation secretary, will you
continue to support the DADSS initiative and other efforts to save
lives from drunk driving?
Answer. If confirmed, I will receive a full briefing from NHTSA
regarding the timing, technology, and funding of the Driver Alcohol
Detection System of Safety (DADSS). Any fatality or injury due to drunk
driving is tragic and preventable, and NHTSA must continue to work with
the States to educate drivers and enforce current laws.
Question 2. Given that the Highway Trust Fund has solvency issues,
what measures will this Administration take to ensure that adequate
funding is maintained in order for the Federal Government to meet the
continued need for infrastructure improvements?
Answer. With the enactment of the FAST Act, spending from the
Highway Trust Fund will exceed receipts by nearly $20 billion annually.
If we are to find a long-term funding solution, it will require
significant input from many stakeholders, including Congress, industry,
the public and the Administration. If confirmed, I look forward to
working with this Committee and the Congress to address this top
priority of the President-elect.
Question 3. I am concerned your Administration's reported plans for
funding transportation infrastructure through tax credits for companies
and privatizing roads could result in American taxpayers paying twice.
Should states that turn existing public roads into private toll roads
be allowed to continue to receive Federal support for those roads, at
the expense of taxpayers in other states?
Answer. Tolling is but one tool in the toolbox for addressing
certain financing needs of various infrastructure projects. I intend to
be briefed on all of the options available for financing of
infrastructure projects. What works for one state or one project may
not work for another, and so it would be inappropriate to speculate or
engage in broad generalizations.
Question 4. Under your Administration, will private companies be
allowed to charge tolls for a road that has already been paid for with
Federal money?
Answer. Congress has set explicit restrictions on the allowance of
tolling the existing federal-aid highway system. Should Congress decide
to pursue an expansion of tolling on existing roads already paid for
with Federal money, I would look forward to participating in those
discussions.
Question 5. How will your Administration work to improve
infrastructure projects that private investors may be reluctant to
invest in, such as municipal water systems or improvements to existing
bridges and roads where it may not be possible to charge tolls to
recover costs?
Answer. User fees are but one tool in the toolbox for addressing
certain financing needs of various infrastructure projects. I intend to
be briefed on all of the options available for financing of
infrastructure projects. What works for one state or one project may
not work for another, and so it would be inappropriate to speculate
without full knowledge of specific situations or conditions.
Question 6. How will you approach the transportation needs for
those Americans living in rural areas?
Answer. The needs of rural Americans should be considered just as
much as those of urban Americans. I intend to be briefed on the various
innovations and alternatives available to improve the transportation
needs of rural Americans.
Question 7. How should new Internet and communications technologies
be incorporated into our Nation's transportation infrastructure to
improve safety and performance?
Answer. If confirmed, I intend to promote policies that encourage
new Internet and communications technologies be integrated into
transportation infrastructure, after a careful data-driven, risk-based
analysis.
Question 8. What role do you envision railroads playing in
America's transportation infrastructure under your Administration?
Answer. Railroads are a critical part of America's integrated
transportation network. Americans rely on railroads to move products to
market, which in turn creates jobs and economic security. If I am
confirmed, I intend to work closely with the Committee and Congress to
highlight and promote the important role railroads have in America's
transportation infrastructure.
Question 9. Recent Federal and private investments at the Santa
Teresa, NM Port of Entry and surrounding areas have helped expand and
improve the efficiency of trade along the New Mexico-Chihuahua
international border. New Mexico has also led all U.S. states in goods
export percentage growth to Mexico. Will your Administration support
transportation policies to promote efficient trade along the border?
Answer. Fair and efficient trade with any trading partner is an
important consideration of the incoming Administration. I intend to be
briefed on the various ways in which our trade relationships can be
improved to the benefit of the United States.
Question 10. President-elect Trump's infrastructure plan available
at https://www.donaldjtrump.com/policies/an-americas-infrastructure-
first-plan calls for ``reforms that streamline permitting and
approvals.'' What specific reforms will you pursue to the permitting
and approval process for transportation infrastructure such as bridges,
roads, pipelines, etc.?
Answer. President-elect Trump's transition team is currently
evaluating all of the various financing tools and opportunities for the
streamlining of permits and for approval of new infrastructure projects
across the Nation. If confirmed, I look forward to communicating our
infrastructure plan once it is fully conceived.
Question 11. What is your Administration's plan for improving the
aging and insufficient roads on tribal lands and how will DOT work with
these communities to see that their infrastructure needs are addressed?
Answer. The President-elect's transition team is currently
evaluating all of the various financing tools and opportunities for a
new infrastructure plan, including those projects on tribal lands.
Since we have not yet made a decision on which options will be
utilized, it would be premature for me to speculate on the details or
effects of such a plan.
Question 12. President-elect Trump's infrastructure plan calls for
approving ``private sector energy infrastructure projects--including
pipelines and coal export facilities--to better connect American coal
and shale energy production with markets and consumers.'' In recent
years, a proposed coal export facility at Cherry Point, WA and pipeline
near the Standing Rock Indian Reservation faced opposition from local
Indian tribes. Will you assure me that the Department of Transportation
will consult with tribes on a government to government basis and uphold
the U.S. Government's treaty obligations?
Answer. While the DOT does not have jurisdiction over the physical
siting of projects like those mentioned, if confirmed, I can state that
DOT will ensure all infrastructure projects comply with all applicable
laws and Department regulations.
Question 13. The DOT's Transportation and Climate Change
Clearinghouse (available at https://climate.dot.gov/about/index.html)
states that ``within the United States, transportation is the largest
source of greenhouse gas (GHG) emissions after electricity generation.
With scientific recognition that GHG emissions are contributing to a
long-term warming trend of the earth, there is an increasing
realization that transportation, as a significant contributor of GHGs,
plays an important role in climate change policy and program
decisions.'' How will DOT under your leadership work to address GHG
emissions and climate change issues?
Answer. If confirmed, I will ensure that DOT continues to challenge
and work with the transportation industry to reduce its carbon
footprint through CAFE standards; support of international efforts to
curb commercial aircraft engine CO2 emissions through ICAO's
Committee on Aviation Environment Protection (CAEP); and continued
support of Federal research in this important area.
Question 14. Each major Federal agency has been graded at least
three times on their implementation of the Federal Information
Technology and Acquisition Reform Act of 2014 (FITARA, PL 113-291). The
House Oversight and Government Reform Committee with assistance from
the Government Accountability Office (GAO) issues a ``scorecard'' for
FITARA implementation. What grades has DOT received? How do you plan to
improve this grade?
Answer. I have not been briefed on the present administration's
past FITARA scores. If confirmed, I will familiarize myself with the
provisions of FITARA and work to improve the Department's performance
in this area, if necessary.
Question 15. Describe the role of your department Chief Information
Officer (CIO) in the development and oversight of the IT budget for
your department. How is the CIO involved in the decision to make an IT
investment, determine its scope, oversee its contract, and oversee
continued operation and maintenance?
Answer. If confirmed, I will seek full briefings on the role of the
USDOT CIO in making the decision to make an IT investment, determine
its scope, oversee its contract, and oversee continued operation and
maintenance.
Question 16. Describe the existing authorities, organizational
structure, and reporting relationship of the Chief Information Officer.
Note and explain any variance from that prescribed in the Federal
Information Technology and Acquisition Reform Act of 2014 (FITARA, PL
113-291) for the above.
Answer. If confirmed, I will receive the necessary briefs to answer
your question.
Question 17. What formal or informal mechanisms exist in your
department to ensure coordination and alignment within the CXO
community (i.e., the Chief Information Officer, the Chief Acquisition
Officer, the Chief Finance Officer, the Chief Human Capital Officer,
and so on)?
Answer. If I am confirmed, I will obtain appropriate briefings
regarding USDOT's coordination and alignment within the CXO community.
Question 18. According to the Office of Personnel Management, 46
percent of the more than 80,000 Federal IT workers are 50 years of age
or older, and more than 10 percent are 60 or older. Just four percent
of the Federal IT workforce is under 30 years of age. Does your
department have such demographic imbalances? How is it addressing them?
Answer. It would not be appropriate for me to speculate on the
current demographics of the DOT. If confirmed, I hope to gain a better
understand the demographics of the workforce at DOT through briefings
on that subject.
Question 19. How much of the department's budget goes to
Demonstration, Modernization, and Enhancement of IT systems as opposed
to supporting existing and ongoing programs and infrastructure? How has
this changed in the last five years?
Answer. I do not have that information, but, if confirmed, I expect
to receive the necessary briefings to fully understand the department's
budget.
Question 20. What are the 10 highest priority IT investment
projects that are under development in your department? Of these, which
ones are being developed using an ``agile'' or incremental approach,
such as delivering working functionality in smaller increments and
completing initial deployment to end-users in short, six-month time
frames?
Answer. If I am confirmed, I expect to obtain appropriate briefings
regarding priority IT investment projects under development at USDOT.
Question 21. To ensure that steady state investments continue to
meet agency needs, OMB has a longstanding policy for agencies to
annually review, evaluate, and report on their legacy IT infrastructure
through Operational Assessments. What Operational Assessments have you
conducted and what were the results?
Answer. Since I am not yet confirmed, I have not conducted any
operational assessments of the DOT.
Question 22. What are the 10 oldest IT systems or infrastructures
in your department? How old are they? Would it be cost-effective to
replace them with newer IT investments?
Answer. If confirmed, I will request the necessary briefings on
DOT's IT systems. It would be inappropriate to speculate at this time.
Question 23. How does your department's IT governance process allow
for your department to terminate or ``off ramp'' IT investments that
are critically over budget, over schedule, or failing to meet
performance goals? Similarly, how does your department's IT governance
process allow for your department to replace or ``on-ramp'' new
solutions after terminating a failing IT investment?
Answer. If I am confirmed, I will seek full briefings on USDOT
operational issues, including governance processes for off-ramping and
on-ramping potential IT solutions.
Question 24. What IT projects has your department decommissioned in
the last year? What are your department's plans to decommission IT
projects this year?
Answer. As an intended nominee, I do not have that information.
Question 25. The Federal Information Technology and Acquisition
Reform Act of 2014 (FITARA, PL 113-291) directs CIOs to conduct annual
reviews of their department/agency's IT portfolio. Please describe your
department's efforts to identify and reduce wasteful, low-value or
duplicative information technology (IT) investments as part of these
portfolio reviews.
Answer. As an intended nominee, it would be inappropriate for me to
comment on the current administration's activities in this area.
Question 26. In 2011, the Office of Management and Budget (OMB)
issued a ``Cloud First'' policy that required agency Chief Information
Officers to implement a cloud-based service whenever there was a
secure, reliable, and cost-effective option. How many of the
department's IT investments are cloud-based services (Infrastructure as
a Service, Platform as a Service, Software as a Service, etc.)? What
percentage of the department's overall IT investments are cloud-based
services? Does DOT have a Cloud strategy to encourage the use of Cloud
computing solutions? If not, by when do you plan to have such a
strategy in place?
Answer. If I am confirmed, I will seek full briefings on USDOT
operations.
Question 27. Congress passed the MEGABYTE Act (P.L. 114-210) to
encourage agencies to achieve significant savings in managing IT assets
including software licenses. What policies or processes are in place at
DOT to improve management of software licenses? What savings do you
expect DOT to report by the end of FY 2017?
Answer. As an intended nominee, it would be inappropriate for me to
comment on the current administration's activities in this area.
Question 28. Provide short summaries of three recent IT program
successes--projects that were delivered on time, within budget, and
delivered the promised functionality and benefits to the end user. How
does your department/agency define ``success'' in IT program
management? What ``best practices'' have emerged and been adopted from
these recent IT program successes? What have proven to be the most
significant barriers encountered to more common or frequent IT program
successes?
Answer. If I am confirmed, I expect to seek full briefings on USDOT
operations.
Question 29. Are you the beneficiary or trustee of any
discretionary trust that has not been fully disclosed to the Committee
or the Office of Government Ethics? If so, please provide detailed
information about the trust(s).
Answer. No.
Question 30. During a campaign speech in Ashburn, Virginia last
August, President-elect Trump reportedly said that he would ``at least
double'' Hillary Clinton's proposed $275 billion infrastructure plan.
Yet he did not provide many details where the money to do this will
come from. A campaign website describes ``leverag[ing] new revenues and
work with financing authorities, public private partnerships, and other
prudent funding opportunities.'' Can you shed more light on what the
Trump infrastructure plan really is and how it will be funded?
Answer. The President-elect's transition team is currently
evaluating all of the various financing tools and opportunities for a
new infrastructure plan. Since we have not yet made a decision on which
options will be utilized, it would be premature for me to speculate on
the details.
Question 31. Some of my Congressional colleagues have reportedly
expressed concerns about how to pay for a Trump infrastructure plan.
There are news reports that estimate that a tax reform package could
lead companies to repatriate up to $200 billion of overseas cash
holdings. Such tax measures could be part of a broader agreement to
help fund infrastructure upgrades with Federal investments. What level
of direct Federal investment will be necessary to support a Trump
infrastructure plan?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan. Since we have not yet made a decision on which options will be
utilized, it would be premature for me to speculate on the details.
Question 32. Would direct Federal investment to upgrade our
Nation's infrastructure create jobs and promote economic growth?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan. Since we have not yet made a decision on which options will be
utilized, it would be premature for me to speculate on the anticipated
effects from such a plan.
Question 33. Your written statement notes that you want to work
this committee on transportation needs in rural America. I am concerned
that it may be easier to ``unleash private investment'' for
transportation improvements in cities along the Interstate 95 corridor
from New York to Washington than in smaller towns along I-40 from
Gallup to Tucumcari. How will your Administration work to improve
infrastructure projects that private investors may be reluctant to
finance, especially where it may not be possible to recover costs
through tolls and other user fees?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan, including those projects in rural America. Since we have not yet
made a decision on which options will be utilized, it would be
premature for me to speculate on the details or effects of such a plan.
Question 34. Vehicle fuel efficiency has been a success story
thanks to advances in technology that improve car mileage. Fuel
efficiency save drivers money at the pump. Do you agree with the
assessment of the Department of Transportation and the Environmental
Protection Agency that there are more technologies to increase fuel
efficiency available, and that they cost less than earlier projections
believed would be the case? Will you work to further improve vehicle
fleet fuel economy rather than rolling back standards?
Answer. If confirmed, I will receive briefings on fuel efficiency
standards and technology and will support approaches to emissions
standards that we determine are the most effective.
Question 35. Senator Feinstein and I have worked for several years
on the truck safety issue of so called ``twin 33s.'' Currently, thirty-
eight states including New Mexico do not allow these longer trucks to
operate within their jurisdictions. One study estimates that twin 33s
would put more wear and tear on our Nation's roads, adding $1.2 billion
to $1.8 billion in maintenance costs per year. DOT has previously
advised that there is currently not enough data to draw conclusions on
the safety implications of double 33-foot trailers. DOT recommended
that no changes to truck size be considered at this time. Given the
cost and potential safety hazards, would you as Secretary require DOT
to complete a comprehensive safety study before longer trucks are
permitted on highways?
Answer. I recognize there is a lack of consensus on truck size and
weight. The FAST Act requires the U.S. DOT to submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the safety and enforcement impacts
of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST Act. If
confirmed, I will ensure that FHWA will require safety and enforcement
information for this report as part of the State enforcement plan
required under 23 CFR 657.
Question 36. Pipelines are a key component of our Nation's
transportation infrastructure. Many Americans are probably not aware
that they live, work, or pursue recreational activities near pipelines.
Ensuring their safety is an issue I take very seriously. In 2000, a
quiet summer morning was shattered when a gas pipeline ruptured and
burst into flames near Carlsbad, New Mexico. The fireball could be seen
twenty miles away. Tragically, twelve people who were camping along the
Pecos River died. This was the worst pipeline accident in the
continental United States. I wish I could say that it was the last. Yet
tragedy struck again since then. I am concerned that PHMSA still has
not done enough to prevent further pipeline catastrophes. What are your
priorities for PHMSA's work related to pipeline safety?
Answer. As you suggested, pipelines are very important to our
national economy and are statistically the safest when it comes to
transportation large volumes of energy products. That said, many of our
pipelines are aging, and PHMSA's regulatory oversight must be able to
respond more quickly and efficiently than is has in recent years. We
also must look for ways to deploy advanced technology ILI inspection
tools and look to update the Nation's 811 program which is now almost
15 years old. If confirmed, I can assure you that the transportation of
hazardous materials will be taken seriously, and I will look for ways
to improve this key component of our national infrastructure and will
ensure PHMSA is up to the task of identifying and managing risk in
partnership with its State partners.
Question 37. Not far from the United State Senate, trains carry
hazardous materials through the heart of Washington, DC. In fact, all
across the country, trucks and trains pass through communities carrying
hazardous cargoes such as ammonia, chlorine, and highly flammable
fuels. PHSMA has an important responsibility in ensuring the safe and
secure shipment of these dangerous materials. What efforts should PHMSA
undertake to improve safety and emergency preparedness? How can PHSMA
better help local governments and communities with pipeline and
hazardous materials safety and emergency preparedness?
Answer. The Hazardous Materials Transportation Act gave the
Department extraordinary jurisdiction to ensure the safe and efficient
transportation of hazardous materials and that includes broad powers
even for intrastate shipments to ensure we do not end up with a
patchwork of different requirements throughout the country. That said,
and if confirmed, I will look for ways to ensure the Department is
engaged with State and local stakeholders. This includes the ability to
work with local first responders and emergency personnel. PHMSA has
also recently updated its Emergency Response Guidebook which is carried
onboard every firetruck in the country. PHMSA and the Department should
make its expertise available to the emergency response community, and
I'll look for ways for PHMSA to identify and expand education,
training, and outreach opportunities.
Question 38. During the hearing, you mentioned new technologies
such as driverless cars as an example of some of the incredible
innovation happening in the transportation sector. As in so many areas,
U.S. military research helped develop and accelerate autonomous vehicle
technology. Defense Advanced Research Projects Agency (DARPA), for
example, successfully used challenge prizes for autonomous vehicles to
reach beyond traditional partners and attract problem solvers from the
wider research community. Prizes can also be a cost-effective way to
spur innovation since one pays only for successful solutions rather
than traditional research and development costs. Legislation I
sponsored last year, the Science Prize Competitions Act (PL 114-329)
encourages Federal agencies to use prize competitions as incentives for
innovation. The Challenge.gov website notes that DOT has 13 active
challenge prizes. Under your leadership, will DOT continue to use
challenge prizes as one tool to help drive innovation?
Answer. Challenge prizes have been effective in spurring innovation
regarding autonomous vehicles. If confirmed, I will review the full
list of challenge prizes currently proposed by the Department to ensure
they are truly innovative challenges that will help assess and address
needs in every mode.
Question 39. Last year marked the National Park Service centennial.
Will you commit to assisting the National Park Service in addressing
the transportation infrastructure needs of America's national parks?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan, including the needs of all facets of American society. Since we
have not yet determined which options will be utilized, it would be
premature for me to speculate on the details and effects of such a
plan.
Question 40. As a member of the Senate Appropriations Committee, I
supported a transportation funding bill that included $241 million for
New Starts. Unfortunately, New Start projects cannot currently move
forward due to the continuing resolution. Will you work in the
Administration to support an appropriations bill for the remainder of
Fiscal Year 2017 that allows New Starts projects to move forward?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan, including the needs of transit projects. Since we have not yet
made a decision on which options will be utilized, it would be
premature for me to speculate on the details and effects of such a
plan.
______
Response to Written Questions Submitted by Hon. Gary Peters to
Hon. Elaine L. Chao
Question 1. The Detroit Metropolitan Airport, Capital Region
International Airport, Gerald R. Ford International Airport, and other
airports in Michigan require sustainable funding so they can invest in
their facilities to make them more secure and efficient. Do you support
changing funding models to eliminate the Federal cap on the Passenger
Facility Charge?
Answer. PFCs are one of many important financing tools that
airports in Michigan and across the country have to make necessary
infrastructure improvements. Modernizing our Nation's transportation
infrastructure will be a top priority of the Trump administration.
Question 2. The FAA's Essential Air Service Program ensures that
small and rural communities are able to efficiently travel to larger
communities and access economic opportunity beyond their region. In
Michigan, the Alpena County Regional Airport, Houghton County Memorial
Airport, and six other of its sixteen air carrier airports receive
Essential Air Service funding. Do you plan to continue this program?
Would you propose any changes to the program?
Answer. I support continued access for small communities to the
benefits of interstate travel and commerce, and appreciate the passion
that many Members of Congress have for the Essential Air Service (EAS)
Program.
Question 3. The FAA's Federal Contract Tower Program allows the
Kalamazoo/Battle Creek International Airport, Sawyer International
Airport, and two other airports in Michigan to have air traffic control
(ATC) services because the FAA cannot otherwise afford to provide ATC
services at those airports. Do you plan to continue this program? Would
you propose any changes to the program?
Answer. The Contract Tower Program has been a huge success. It's
been widely acknowledged by Congress, the National Transportation
Safety Board, the U.S. Government Accountability Office, the airport
community and our Nation's air traffic controller workforce that the
program has enhanced safety, reduced FAA operating costs and provided
tower service to communities that might not have received it otherwise.
Question 4. Highly Automated Vehicles have the opportunity to make
our roads safer and more efficient. I was pleased when the Department
of Transportation released a proposed rule in December 2016 that would
require vehicle-to-vehicle (V2V) technology in new vehicles which would
allow cars to communicate using a standard language. Will you commit to
finalize the V2V rule if you are confirmed?
Answer. If confirmed, I will receive a full briefing from NHTSA
regarding the timing, efficacy and technology of vehicle-2-vehicle and
vehicle-2-infrastructure rule making proposals. I will also review any
vehicle technology proposals to help make sure that motor vehicle
privacy and security issues are addressed by the agency.
Question 5. Automakers and tech companies across the country say
their fully autonomous cars will be ready for the roads in the next 4
to 5 years. These vehicles have the potential to save thousands of
lives, reduce congestion and better the environment. However, our
current regulatory regime for automotive safety does not contemplate
the possibility of not having a steering wheel--or an accelerator
pedal--or various other features of a driverless car. It's essential
that we move quickly to update DOT's Federal Motor Vehicle Safety
Standards to accommodate driverless cars. The Federal Government must
encourage this innovation and ensure the public that these vehicles
will keep them safe. If confirmed, will you commit to updating the
current regulatory regime to accommodate autonomous vehicles?
Answer. Several states have recently allowed autonomous vehicle
testing on highways and local roads. This is a fascinating new
development in motor vehicles, and, if confirmed, I will ask NHTSA to
brief me regarding current and proposed changes to FMVSS to allow for
potential changes. The safety and security of the vehicle and the
driver must always be the top priority.
Question 6. It is essential that any infrastructure package invests
in smart and digital infrastructure. In addition to concrete, steel,
and asphalt we also need to be investing in smart infrastructure that
accommodates connected and autonomous vehicles and can increase safety
and efficiency of transportation on our Nation's waterways. Such smart
infrastructure will be capable of providing real-time updates on its
status through an alert system, making our transportation assets more
safe, useful and resilient. Will you support new research and
technology programs that further develop and integrate smart
infrastructure with existing infrastructure?
Answer. If confirmed, I will support policies that would facilitate
the integration of smart technology with existing infrastructure.
Question 7. I believe transportation public-private partnerships
are a useful tool in financing new projects and providing services to
Americans. However, many communities are concerned that an overreliance
on public-private partnerships could unfairly favor already-prosperous
communities when it comes to critical investments. While there is a
role for the private sector to play, we cannot allow the push for
profits to leave underserved communities behind. What are your plans to
ensure that public-private investments will deliver on the promise of
transportation that is accessible, affordable, and connects underserved
communities to opportunity? What criteria should be used to determine
which projects are funded through this investment? How will you ensure
that the infrastructure investments reach to low-income, under-
employed, urban and rural communities, as well as communities of color,
which are in desperate need of these investments and stand to benefit
the most? Specifically, how can we target investments to these areas?
Answer. Our transition team is currently evaluating all of the
various financing tools and opportunities for a new infrastructure
plan, including the needs of all parts of America, both urban and
rural. Since we have not yet made a decision on which options will be
utilized, it would be premature for me to speculate on the details and
effects of such a plan.
Question 8. Most public discussions of transportation
infrastructure only mention highway, transit, and aviation
infrastructure. While maritime transportation infrastructure is often
less visible to the public it has an enormous impact on our Nation's
economy. As you consider how to modernize our decaying transportation
infrastructure, please work with the Army Corps of Engineers to include
navigation infrastructure in the new Administration's infrastructure
plans. There is a tremendous backlog of navigation lock modernization
and harbor deepening and maintenance that creates substantial risks to
our economy and local communities if not addressed. What additional
steps can the Department of Transportation take to improve
transportation on our Nation's waterways?
Answer. The U.S. Army Corps of Engineers plays a vital role in our
inland transportation system and involves not only inland navigation
but also is important to permitting for other forms of transportation.
I agree this is an area where better interagency coordination would be
very helpful. If confirmed you have my promise to look into this issue
further and to work toward improving transportation on waterways. The
DOT has also been working on a new National Maritime Transportation
Strategy draft and it is something I will review very closely.
Question 9. All Great Lakes region steel and automobile
manufacturing depends on the Army Corps' aging navigation locks at
Sault Ste. Marie, Michigan and U.S.-flag bulk cargo vessels to obtain
iron ore from Michigan's Upper Peninsula and Minnesota. Will you commit
to visiting the Soo Locks with the Army Corps' leadership to learn more
about this linchpin of the Great Lakes maritime transportation system?
Answer. Thank you for bringing this to my attention. While I cannot
pursue the Army Corps commitment for such a visit prior to being
confirmed, I look forward to a continued dialogue with you and your
office and hope such a visit can become a reality, if I am confirmed.
Question 10. Great Lakes Jones Act shipping alone is responsible
for over 128,000 American jobs, nearly $10 billion in annual income,
and $18 billion in annual business revenue. It brings significant
national security benefits as routinely noted by senior military
leaders and the Maritime Administration. Great Lakes Jones Act vessels
can transport as much as 100 million tons in raw materials such as iron
ore, limestone, coal, and other bulk materials that are the lone source
for the steel used in U.S. automobile, appliance, heavy machinery, and
other durable goods. The Jones Act perfectly aligns with the incoming
Administration's policy stance, ``Buy American and Hire American.'' As
DOT Secretary, will you be committed to supporting the Jones Act?
Answer. Yes. As I stated during my confirmation hearing, the Jones
Act is a very important piece of legislation, and it is the law of the
land until Congress elects to change that.
Question 11. The U.S. is undergoing dramatic demographic shifts and
local and regional migration patterns are shifting as well. These
changes highlight the need for transportation decision-making to be
informed by critical tools such as disaggregated data, mapping
technology, best practice guidance/examples and other technical
assistance to communities. DOT plays a critical role in providing such
tools. How will you approach providing tools and guidance to support
the success of state departments of transportation, local and regional
transit agencies, and others?
Answer. State DOTs, and local and regional transit agencies
understand best the needs of their constituents. If confirmed, I will
support state and local agencies and will provide Federal assistance as
appropriate.
Question 12. The Federal pipeline safety oversight agency, PHMSA,
is located in the USDOT. PHMSA has demonstrated a number of
shortcomings over the years but I am hopeful improvements can be made.
However, given the unique characteristics of Great Lakes waters, I am
concerned that the response plan requirements for owners and operators
of Great Lakes pipelines are not adequate to prevent, respond to, and
pay for a variety of oil spill scenarios. As the source of drinking
water for 40 million people, and an economic engine that supports 1.5
million jobs in multi-billion-dollar shipping, fishing and tourism
industries, it is imperative that we have stringent Federal regulations
that ensure the safety and integrity of the Great Lakes' oil pipeline
network. Are you committed to strong enforcement of pipeline safety and
supporting PHMSA so they can finish necessary regulations and pursue
new steps to better protect communities from pipeline threats?
Answer. I have not yet been briefed specifically on PHMSA's
enforcement program, but given that the country has approximately 2.6
million miles of pipelines, it is important that these underground
energy highways operated safely and efficiently. If confirmed, I will
take a hard look at how PHMSA has been organized, and how it carries
out its mission. Strong enforcement is important to this effort. Other
components of an effective pipeline safety program include enabling new
technology, increasing the effectiveness of the 811 program, looking
for ways to deploy advanced ILI tools, increasing education and
outreach, and working with PHMSA's state partners.
Question 13. When the Obama administration developed the DOT and
EPA Federal fuel economy programs in 2011, it was with the intention
that the two programs would be well harmonized, such that a
manufacturer could comply with both with a single fleet of vehicles.
But I understand there are inconsistencies in the programs that may
leave many companies facing fines under the DOT program even if they
are compliant with the EPA program. There may be both regulatory and
legislative differences between the programs that need to be corrected.
On the regulatory side, automakers have petitioned to have a number of
items corrected to establish better harmony between the programs. I
urge DOT to act on these items as quickly as possible, and work with
Congress on potential legislation to harmonize the programs. Are you
aware of this situation and what are your priorities as it relates to
fuel economy standards?
Answer. If confirmed, a review of the NHTSA CAFE program will be a
top priority. Inconsistencies between Federal agencies can be
frustrating for industries and consumers. I will work with my
colleagues in other related Federal agencies, including EPA, to ensure
a robust program that prioritizes safety and fuel efficiency, while
ensuring automakers have time to implement necessary changes.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Hon. Elaine L. Chao
Question 1. The Secretary of Transportation is provided broad
authority to waive Buy America restrictions on its grants. Please
elaborate on how you will use the ``public interest waiver'' as
Secretary.
Answer. As you know, the President Elect has been a staunch and
vocal supporter of such provisions. By statute and regulation, the
Secretary of Transportation may waive Buy America requirements if those
requirements would be inconsistent with the public interest based upon
a consideration of all appropriate factors on a case-by-case basis. If
I am confirmed, I expect to review any public-interest waivers in
accordance with the statutory and regulatory requirements.
Question 2. The Secretary of Transportation is provided broad
authority to implement the statutory Buy America requirements in its
grant programs. The Department, under Anthony Foxx, improved access to
grant opportunities for American businesses by posting all Buy America
waiver requests on a central Department website before the waiver is
granted. This allows American companies to find out if they can fill a
Department need. Will you maintain this process as Secretary?
Answer. If I am confirmed, I would expect USDOT to implement Buy
America in accordance with the applicable statutory and regulatory
requirements and to support efforts to improve access to grant
opportunities for U.S. businesses.
Question 3. Your testimony stated that you would ``identify and
[address] unnecessary bottlenecks in the processes that govern project
development and delivery, as well as the manufacturing processes that
we oversee.'' I am unaware of what ``manufacturing processes'' the
Department oversees. I am aware that the extent to which
``manufacturing processes'' occur in the United States is a critical
factor for determining compliance with the Department's regulations
implementing the various Buy America laws applied to federal-aid
transportation infrastructure spending. For iron and steel, the
Department has for many decades required that ``all manufacturing
processes'' occur in the United States to be treated as ``produced in
the United States.'' Was your reference to ``manufacturing processes''
in hearing testimony implicating these laws and the Department's
longstanding regulations implementing them? If not, please indicate
what ``manufacturing processes'' the Department oversees and why such
manufacturing processes result in ``bottlenecks.''
Answer. If I am confirmed, I would expect to USDOT to implement Buy
America in accordance with the applicable statutory and regulatory
requirements. To the extent that other Federal requirements or
processes create bottlenecks, USDOT should seek to ameliorate those
issues.
Question 4. The Small Shipyard Grant Program generates incentives
for our Nation's small shipyards to modernize their facilities. It
enables these businesses to upgrade equipment and processes that make
them more efficient and competitive in the global marketplace. Grants
may also be used to support worker training programs. Continued
investment in this program is a win for shipyards, manufacturers and
the workboat fleet--while also supporting good-paying jobs in these
industries. If confirmed as Secretary, will you support continued
funding and reauthorization of the Small Shipyard Grant Program?
Answer. I have not yet been briefed on this program but if
confirmed, I will be briefed on this program and look forward to better
understanding the role and mission that it serves.
______
Response to Written Questions Submitted by Hon. Tammy Duckworth to
Hon. Elaine L. Chao
Question 1. During your confirmation hearing, there was extensive
discussion about the President-Elect's proposed infrastructure package.
I appreciated your leadership and interest in making sure public
transportation funds reach disadvantaged business enterprises (DBEs)
located in urban and rural areas of Illinois that are home to low-
income populations and communities of color. If the President-Elect
follows through on the promise to invest trillions in new public
infrastructure projects, please describe:
What criteria you would employ, if confirmed, to select
infrastructure projects that benefit under-served communities
and communities of color in urban and rural regions; and
How Congress could help DOT achieve this important goal.
Answer. The President Elect's transition team is currently
evaluating all of the various financing tools and opportunities for a
new infrastructure plan, including the needs of all facets of America,
both urban and rural. Since we have not yet made a decision on which
options will be utilized, it would be premature for me to speculate on
the details and effects of such a plan. However, I fully intend to work
with Congress in finding the best solution.
Question 2. Transit funding is critical to the economic health and
well-being of Illinois and states across the Nation. However, important
public transit project that serve a critical public good do not always
attract robust private investment or result in significant revenue
gains. As Congress examines reforming how our Nation finances surface
transportation, please describe:
How you would, if confirmed, make sure that direct Federal
investment continues to support vital public mass transit
programs; and
Your view on the appropriate role of private-public
partnerships in financing portions of our transportation
system.
Answer. If I am confirmed, I would expect USDOT to administer
direct Federal investment in public transportation programs in
accordance with applicable statutory and regulatory requirements and
consistent with Congressional appropriations. Public-private
partnerships (P3) can be a valuable means of expediting development of
portions of our transportation systems, financing or performing state-
of-good-repair efforts, and/or supporting operations and maintenance.
Question 3. In Illinois, the expansion of the CTA Redline to the
far south side of Chicago is a critical transportation project that
promises to bridge the gap between urban and rural communities, while
bringing economic growth to underserved areas. CTA Redline expansion
would bring access to jobs, opportunities and holds the potential to
improve the lives of hard-working Illinois families. Please describe:
Your view on the benefit of rail transit projects that
connect diverse communities across a large state, such as
Illinois; and
How Congress can effectively support DOT in prioritizing
transit projects that help create equity between rural and
urban areas, such as the CTA Redline expansion, receive robust
public support.
Answer. If I am confirmed, I will seek appropriate briefings
regarding the quantifiable benefits of rail transit projects that
connect diverse communities across large states such as Illinois and
how Congress can more effectively help to create equity in rural and
urban transit projects.
Question 4. Recently, an alarming number of violent incidents have
occurred targeting Chicago Transit Authority (CTA) employees. This
increase in violence against CTA employees may be part of a wider trend
of increasing attacks on transit personnel, particularly bus drivers
who are highly vulnerable to violent assaults as a result of close
proximity to riders and lack of physical barriers. Attacks targeting
bus drivers are a serious public safety concern that not only put the
life of a driver at risk, but also those commuters who use bus transit.
Congress sought to address this problem by enacting Section 3022 of the
FAST Act, which requires the Federal Transit Administration (FTA)
publish a rule to improve workplace safety against physical assaults,
including bus upgrades that increase bus driver protection. Please
describe:
What steps you would take, if confirmed, to make sure FTA
effectively implements this statutory requirement and meets the
congressional deadlines for issuing this vital public safety
rule.
Answer. If I am confirmed, I will seek appropriate briefings
regarding transit workplace safety and bus upgrades that could increase
bus driver protection and USDOT will work to expedite an NPRM to comply
with Section 3022 of the FAST Act.
Question 5. Since 1992, the United States Government has
established bilateral ``Open Skies'' agreements with foreign nations to
provide rights for air carriers to offer international passenger and
cargo air service. DOT is responsible for authorizing foreign airline
companies to conduct commercial aviation operations with flights into
and out of the United States. As you may be aware, significant
controversy surrounds Norwegian Air International's foreign air carrier
permit application. Please describe:
What actions you would take, if confirmed, to make sure DOT
effectively carries out its statutory responsibility to review
foreign license applications and make sure foreign airline
applicants comply with Open Skies agreement.
Answer. I will take seriously the statutory mandate to strengthen
the competitive position of our Nation's air carriers to ensure at
least equality with foreign air carriers, including the attainment of
the opportunity for our carriers to maintain and increase their
profitability in global markets. I will oppose any foreign air carrier
license applications that are inconsistent with our air service
agreements or would undermine the economic viability and global
competitiveness of our Nation's air carriers.