The Federal Aviation Administration’s NOTAM System Failure and its Impacts on a Resilient National Airspace

STATEMENT OF
BILLY NOLEN, ACTING ADMINISTRATOR FEDERAL AVIATION ADMINISTRATION HEARING BEFORE THE UNITED STATES SENATE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION NOTICE TO AIR MISSIONS SYSTEM
FEBRUARY 15, 2023

Chair Cantwell, Ranking Member Cruz, and members of the Committee, thank you for the opportunity to provide clarity on the Federal Aviation Administration’s (FAA) management of the Notice to Air Missions (NOTAM) system, share details on recent events, and explain our efforts to modernize the NOTAM system.

Today is also an opportunity to discuss the modernization needs of the national airspace system (NAS) overall, some of the challenges we face, and some of the opportunities on the horizon.

We are experiencing the safest period in aviation history, but we do not take that for granted. Recent events remind us that we cannot become complacent and that we must continually invest in our aviation system.

NAS Modernization

2023 will be a big year for aviation. Our current authorization expires on September 30th, and there is sustained energy from both industry and government around the development of ideas and proposals to modernize the NAS and the FAA’s approach to managing it. As we delve into that reauthorization process, there are several important points we would like to highlight for the Committee. Right now, the FAA is managing three airspace systems to serve the diverse users of the NAS. The first is the classic or legacy system that many users of the NAS still count on. The second is the system that relies on the next generation of technology for improved communication, navigation, and surveillance. The FAA has operationalized the foundational pieces of this system, and we continue to deploy additional services as operator equipage and federal resources allow. The third is the future—a future that has already arrived. It is the system that must accommodate new entrants in all their forms, including drones, advanced air mobility aircraft, commercial spacecraft, and other new aircraft yet to be imagined. It will involve autonomous aircraft, data exchanges, and a dynamic airspace. For us to sustain, implement, and plan for all of these systems, we have a lot of work ahead. We look forward to partnering with the Committee to ensure that the FAA’s oversight and regulation of the NAS continue to deliver the level of aviation safety and efficiency expected by the American public, as new entrants come into service.

On our end, we must work with stakeholders and make strategic investments, and create an agile regulatory structure that maintains safety, ensures efficiency, and facilitates access for new entrants. We are committed to this work and need Congress to be a supportive partner both in terms of enacting a long-term reauthorization measure, and funding our modernization needs. We look forward to working with you on these challenges and assure you that safety will always guide our actions no matter the challenge.

The NOTAM System

A NOTAM contains essential information for airspace users providing safety information about particular aspects of the NAS that are not operating under normal status. FAA’s NOTAM system is a dynamic system that captures recent changes to conditions in the NAS. For example, NOTAMs frequently provide pilots and operators with information about an anomaly with a particular navigational aid, airport runway, or taxiway, or about an air space closure or a temporary flight restriction.

The FAA’s overall NOTAM system consists of two systems—an older U.S. NOTAM System (legacy system) and a newer Federal NOTAM System. The older portion of the NOTAM system relies on 30-year-old software and architecture. This portion collates NOTAM data from all sources and distributes it to some airspace users. The Federal NOTAM System portion is newer and serves as part of the foundation for the FAA’s ongoing NOTAM modernization effort.

NOTAM information comes from a variety of places: an airport or air traffic control tower that observes local changes, an FAA technician planning to work on a system, or an air service provider, to name a few. Airspace users enter and access the information from applications sitting on both portions of the FAA’s NOTAM system. Most airlines download NOTAMs from the FAA into their internal databases for dispatching aircraft. Users can also get NOTAMs from third party providers who get it from the FAA, or they can go to the primary source for specific NOTAM information, by calling a flight service station, air traffic control tower, or airport, for example.

NOTAM Service Interruption and Response

Late on January 10, 2023, NOTAM applications and services became unreliable. Technical experts attempted to address the issue by, among other things, switching to a backup database. There are three NOTAM backup databases—one in Oklahoma City and two in Atlantic City. While technical experts worked through the night, the FAA activated a hotline to provide real-time status updates to system users. During this time, there were no reports of operational impacts. In the early morning hours of January 11, 2023, the system appeared to have been restored, but formatting issues persisted. To resolve this, FAA’s air traffic leadership directed the rebuild of the databases.
 
As the morning air traffic rush approached, and work on the system continued, I ordered a ground stop at approximately 7:15 a.m. EST, pausing all departures in the United States in order to maintain safety and preserve predictability. I did so after consulting with the airlines and safety experts. Once resiliency testing on the system was conducted, I lifted the ground stop at 9:07 a.m. EST on January 11, 2023.

The FAA’s preliminary findings are that contract personnel unintentionally deleted files while working to correct synchronization between the live primary database and a backup database. We have found no evidence of a cyber-attack or other malicious intent. After the incident, we implemented a synchronization delay to ensure that bad data from a database cannot affect a backup database. Additionally, we have implemented a new protocol that requires more than one individual to be present and engaged in oversight when work on the database occurs. As our review of the root causes of this incident continue, please know that the FAA will keep the Committee apprised of our findings.

NOTAM Modernization

Beginning in 2012 with the Pilot’s Bill of Rights (Public Law 112-153) and continuing in 2018 with the FAA Reauthorization Act of 2018 (Public Law 115-254), which further amended the Pilot’s Bill of Rights, Congress directed the FAA to continue developing and modernizing the NOTAM repository, in a public central location, in a manner that is Internet-accessible, machine-readable, and searchable. Since those enactments, the FAA has made progress modernizing the NOTAM system. This progress includes improvements not only to the NOTAM content and  presentation/publication, but also to the information technology architecture that supports and delivers this vital safety information. The nearly decade-long modernization work includes transitioning away from the legacy portion of the system mentioned earlier. We expect that a significant portion of the modernization work will be complete by mid-2025. We continue to assess the feasibility of accelerating the current schedule.

The goal of the FAA’s NOTAM modernization effort is to provide NOTAMs that are complete, accurate, timely, and relevant to safe flight operations. The FAA has made great progress in fulfilling the congressional mandates for modernization, including close coordination with industry and the adoption of recommendations from industry stakeholders that use NOTAMs. Specifically, the FAA is working in coordination with the Aeronautical Information Services Reform Coalition (coalition), whose members include representatives from, among others, air carriers, aircraft owners, pilots, airport executives, labor interests of air carriers, general and business aviation, and international operators. Our continued work with the coalition is one of the many examples where a government-industry partnership has helped to significantly inform and improve the direction and quality of our work.

We are working to face the challenges in maintaining our systems while keeping pace with new and emerging technologies and entrants. However, we are committed to improving and securing our systems, finding new ways to be agile in order to face these challenges, and continuing to achieve the highest levels of safety and efficiency. We look forward to working with the Committee and this Congress in developing a long-term FAA reauthorization bill that accelerates the next era of aviation—one that is safe, efficient, sustainable, and open to all.

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Setting New Foundations: Implementing the Infrastructure Investment and Jobs Act for Native Communities

WRITTEN STATEMENT OF TIMOTHY HESS

ASSOCIATE ADMINISTRATOR, OFFICE OF FEDERAL LANDS HIGHWAY FEDERAL HIGHWAY ADMINISTRATION,
U.S. DEPARTMENT OF TRANSPORTATION

BEFORE THE COMMITTEE ON INDIAN AFFAIRS,
UNITED STATES SENATE

May 4, 2022

Chairman Schatz, Vice Chairman Murkowski, Members of the Committee, thank you for the opportunity to appear before you today to discuss implementation of the Infrastructure Investment and Jobs Act, otherwise known as the Bipartisan Infrastructure Law (BIL), as it relates to Native communities. The BIL represents a once-in-a-generation investment in our nation’s infrastructure, competitiveness, and communities and provides approximately $550 billion in new Federal infrastructure investment. This includes historic and critical investments in Tribal transportation, including increased funding to programs dedicated to Tribal needs and increased Tribal eligibility for new and existing discretionary grant programs. The BIL also created the new Department of Transportation (Department) Office of Tribal Government Affairs, which elevates Tribal Government Affairs leadership to the rank of Assistant Secretary within the Department for the first time.

The Federal Highway Administration (FHWA) has a long history of collaborating with Tribes efficiently and effectively, and I am proud of the relationships we have fostered. Maintaining and strengthening these ties is key to implementing the BIL successfully. I would like to update you on a number of efforts we have underway, which will help in achieving our shared goal of enhanced safety and improved transportation for all Tribal communities. FHWA has also launched a website with guidance on these programs and more, which can be found at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/.

TRIBAL TRANSPORTATION PROGRAM

The Tribal Transportation Program (TTP) is the primary mechanism for Federal investment in Tribal transportation projects. Through the BIL, Congress provided more than $3 billion for TTP over the next five years, including $578 million for fiscal year 2022, an increase of nearly 15 percent from 2021 levels. The TTP funds projects to provide safe and adequate transportation and public road access to and within Indian reservations, Indian lands, and Alaska Native Village communities. The program improves transportation for all 574 federally-recognized sovereign Tribal governments and is jointly administered by FHWA and the Department of Interior’s Bureau of Indian Affairs (BIA).

A majority of TTP funding is distributed based on statutory formula, with set-asides dedicated to specific project types, such as transportation planning, safety, and high priority projects. With the enactment of the Consolidated Appropriations Act, 2022, FHWA and BIA are working together now to finalize calculation of the statutory formula amounts and distribute the fiscal year 2022 TTP funding to Tribes.

We look forward to working closely with Tribes in our ongoing implementation of the BIL, investing in a range of infrastructure projects that improve safety and mobility, create good jobs, protect our environment, and build a foundation for lasting economic opportunity in our communities.

SAFETY

Safety remains the Department’s top priority and we are committed to improving safety and reducing fatalities on Indian roads. Fatalities on America’s road continue to rise, with early estimates for the first nine months of 2021 showing an increase of 12 percent compared to the same period in 2020. Native Americans are more likely to lose their lives in car crashes than any other group. Deaths in traffic crashes among Native American and Alaska Native youth aged 0- 19 are between two and five times higher than they are for other racial and ethnic groups. This is a crisis. We must improve transportation safety in Tribal areas.

Several programs authorized in the BIL will facilitate necessary investments in Tribal facilities and safety planning. FHWA is also working in collaboration with the National Highway Traffic Safety Administration (NHTSA) to identify best practices in Tribal crash reporting as required under the BIL, to ensure that data surrounding transportation safety in Tribal areas is accurate and comprehensive.

The Tribal Transportation Program Safety Fund (TTPSF) is dedicated to preventing and reducing transportation-related injuries and fatalities on Tribal lands. Funding for the TTPSF more than doubled in the BIL, changing from a two percent set-aside from TTP funding to four percent. For fiscal year 2022, this will mean $23 million of grants to Tribes, up from $9 million in fiscal year 2021. Since the TTPSF’s inception in 2012, FHWA has awarded approximately $79 million in competitive grants to 434 Tribes to develop transportation safety plans and address safety issues on Tribal transportation facilities. Historically, the amount of funding sought by Tribes has far exceeded the amount available. The funding increase that Congress provided will allow FHWA to fund more projects to improve safety in the coming years as we work toward the Department’s goal of eliminating deaths and serious injuries on our roadways. FHWA plans to announce the TTPSF awards for fiscal year 2021 very soon and is currently developing the fiscal year 2022 notice of funding opportunity.

In addition to dedicated Tribal safety funding, safety projects on Tribal lands are also eligible for funding under other programs. The Highway Safety Improvement Program (HSIP) provides resources to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including on Tribal land. HSIP funds have been used for several types of safety-related projects in Tribal areas, including installing rumble strips and guardrails, improving safety signing and pavement marking, removing roadway hazards, widening roadways, and improving roadway surface friction. Safety projects on Tribal lands may also be eligible under the Transportation Alternatives (TA) set-aside of the Surface Transportation Block Grant (STBG) Program. For example, Safe Routes to School projects on Tribal lands, which improve the ability of primary, middle, and high school students to walk and bicycle to school safely, are eligible for TA funding.

The BIL also created the Safe Streets and Roads for All (SS4A) Program and provided $5 billion of funding over five years to develop comprehensive safety action plans (CSAP); conduct planning, design, and development activities for projects and activities contained in a CSAP; or to carryout projects and strategies identified in a CSAP. Tribes are eligible to apply for these funds and the Department hosted a pre-solicitation outreach webinar specifically for Tribal governments on April 28. The Department anticipates publishing the notice of funding opportunity for this program soon.

BRIDGE FUNDING

The BIL includes an unprecedented investment in the Tribal Transportation Bridge Program (TTBP), increasing funding by over 14 times the level authorized in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). This injection of new funds will address a critical problem and could not come at a better time. According to the 2020 National Bridge Inventory (NBI), nearly 11 percent (882 out of 8,060) of the bridges eligible for TTP Bridge funding in the NBI are classified as in poor condition.

Tribes will receive over $1 billion over the next five years under the TTBP primarily for new construction, replacement, and rehabilitation of bridges. The BIL eliminated the three percent set-aside from the TTP that funded Tribal bridge projects in the past. Instead, funding for Tribal bridges is now drawn in part from a three percent set-aside in the new Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program (Bridge Formula Program), which received $27.5 billion over five years from the BIL, the single largest dedicated bridge investment since the construction of the Interstate highway system. Projects using these funds are eligible for a 100 percent Federal share. Additional Tribal bridge funding under the BIL is available from a set-aside under the Bridge Investment Program, a new discretionary grant program.

To make it as easy as possible for Tribes to apply for and receive funding to fix bridges, all of these funds will be administered under the TTBP, regardless of their origin. For fiscal year 2022, a total of $201 million will be available to Tribes under the TTPBP. Tribes can apply for this funding at any time during the fiscal year and Tribes with FHWA agreements can seek technical assistance in preparing the application package from their tribal coordinators.

ADDITIONAL TRIBAL GRANT PROGRAMS

While the majority of TTP funds are distributed via statutory formula, as discussed above, Tribes are also able to apply to several grant programs to fund specific kinds of projects.

Nationally Significant Federal Lands and Tribal Projects Program

The Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program provides funding for the construction, reconstruction, and rehabilitation of nationally significant projects within, adjacent to, or accessing Federal and Tribal lands. Pursuant to the BIL, for the first time, half of all funding under the NSFLTP Program is required to be awarded to Tribal transportation facilities. The law made other changes that will increase the impact of this program in Tribal communities. First, the minimum required project size was reduced from $25 million to $12.5 million, opening the program up to a larger diversity of projects and communities that may benefit. Second, Tribes can now receive 100 percent Federal share of funding on their eligible projects. Tribes can now invest their own transportation funding in other projects, while still ensuring these larger projects are completed. FHWA plans to publish the fiscal year 2022 notice of funding opportunity for the NSFLTP that incorporates these changes soon.

Tribal High Priority Projects Program

The BIL established dedicated funding for the Tribal High Priority Projects (THPP) Program. This program provides funding to Tribes whose annual allocation under the TTP is insufficient to complete their highest priority projects or to Tribes experiencing an emergency or disaster that renders a transportation facility impassable or unusable. The BIL marks the first time in over ten years that a program focused on Tribal high priority projects has received funding, increasing available Federal resources for transportation projects that may not otherwise be completed.

ADDITIONAL DISCRETIONARY GRANT PROGRAMS

The BIL establishes more than a dozen new highway programs, including numerous discretionary grant programs. Tribes are eligible for many of these new grants, including these programs administered by FHWA:

• the Bridge Investment Program, to improve bridge condition, safety, efficiency, and reliability;
• the Wildlife Crossings Pilot Program, to support projects seeking to reduce the number of wildlife-vehicle collisions;
• the PROTECT Discretionary Grant Program, to fund projects relating to resilience, including planning, improvements, community resilience and evacuation routes, and at- risk coastal infrastructure;
• the Charging and Fueling Infrastructure Grant Program, to deploy electric vehicle charging and hydrogen, propane, or natural gas fueling infrastructure along designated alternative fuel corridors and in communities; and
• the National Culvert Removal, Replacement, and Restoration Grant Program, to fund projects to remove, replace, or repair culverts that would improve or restore passage for anadromous fish, the notice of funding opportunity for which is planned to be published this summer.

FHWA knows how critically important infrastructure funding is to Tribal governments, and we are working to make these funding opportunities available as quickly as possible.

Tribes are also eligible to receive funding under several other, unprecedented grant programs funded under the BIL. In January, the Department published a notice of funding opportunity for
$1.5 billion in grant funded through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program. The application period for that grant program has now closed. In March, the Department announced $2.9 billion of funding for major infrastructure projects through an innovative combined notice, which included: the National Infrastructure Project Assistance (Mega) Program, the Infrastructure for Rebuilding America (INFRA) Program, and the Rural Surface Transportation Grant Program (Rural). Tribal governments and consortia of Tribal governments are eligible to apply for all of these grant programs and applications close on May 23.

The BIL also created the Reconnecting Communities Pilot Program, which aims to restore community connectivity by removing, retrofitting, or mitigating highways or other transportation facilities that create barriers to community connectivity, including barriers to mobility, access, or economic development. Congress provided $1 billion of funding over five years, for which Tribes are eligible to apply. The Department anticipates publishing a notice of funding opportunity in June. Tribes are also eligible to apply for the Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program created in the BIL. These grants will fund demonstration projects to advance smart city or community technologies and systems to improve transportation efficiency and safety, while advancing other priorities such as climate mitigation, resilience, and equity. Finally, Tribal colleges are eligible to apply as grantees or otherwise partner with University Transportation Centers (UTCs), which support state-of-the- art in transportation research, enable technology transfer, and invest in the next generation of transportation professionals.

TECHNICAL ASSISTANCE

The BIL represents a historic investment in Tribal infrastructure projects. However, the law can only achieve its intended transformative effect if Tribes can take full advantage of the funding opportunities it provides. To that end, FHWA continues to prioritize the critical technical assistance tools that help Tribes plan projects, identify appropriate funding sources, submit successful funding applications, and effectively execute projects. FHWA’s Tribal Technical Assistance Program (TTAP) has a long history of providing vital technical assistance to Tribes in administering their transportation programs. In January, FHWA published a notice of funding opportunity announcing $17.8 million to re-establish and operate seven TTAP centers throughout the country. These new centers will align with the BIA regions and deliver valuable training and technical assistance resources with a new emphasis on program management and project delivery. This notice came after several years of significant consultations and outreach to Tribes, Federal stakeholders, and national Tribal groups to reaffirm how best to meet the technical assistance needs of Tribal communities. While these new centers are being established, FHWA has expanded its virtual training opportunities and increased support for Tribes through remote programming. Applications for TTAP Centers closed on May 2.

In addition to the assistance provided through the TTAP, FHWA’s Office of Federal Lands Highway Office of Tribal Transportation provides direct funding and technical assistance to approximately 124 federally-recognized Tribes that have signed program agreements with FHWA. Each of these Tribes is assigned a Tribal Coordinator, who conducts all stewardship and oversight activities, including providing needed or requested technical assistance to help ensure each Tribe is successful in administering their transportation programs and projects. For example, the Tribal Coordinator will work with Tribes to prepare and review an application package for the Tribal Transportation Bridge Program and resolve any outstanding issues before submitting the application.

The BIL also made improvements to the environmental review process that applies to Tribal transportation projects. FHWA will ensure that decisions required under the National Environment Policy Act for Tribal transportation safety projects are made within 45 days, or as instructed by Congress. Additionally, FHWA is actively working with BIA to develop a template for programmatic agreements for categorical exclusions that can be adapted for use by individual Tribes, as well as further information and training to inform Tribes of their options under the BIL.

CONCLUSION

Thank you again for the opportunity to appear before you today. I would be happy to answer any questions you may have.

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FAA Reauthorization: Enhancing America’s Gold Standard in Aviation Safety

STATEMENT OF
DAVID H. BOULTER, ACTING ASSOCIATE ADMINISTRATOR FOR AVIATION SAFETY

FEDERAL AVIATION ADMINISTRATION

HEARING BEFORE THE UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE AVIATION SAFETY

FEBRUARY 7, 2023

Chair Graves, Ranking Member Larsen, and members of the Committee, thank you for the opportunity to be here today. I am David Boulter, and I serve as the acting associate administrator for aviation safety at the Federal Aviation Administration (FAA), a role I have held for almost a year. During my career, I have been fortunate to serve in numerous aviation roles both in industry with commercial air carriers and in government. Over the past 25 years, my government service includes positions in the FAA as an aviation safety inspector, director of operations for multiple legacy FAA flight programs, senior FAA representative in Afghanistan, and executive for the FAA’s Flight Program. My permanent position is the executive director of flight standards. I believe the breadth of my real-world experience has given me a common-sense approach that focuses on safety – and on constantly moving forward. In my mind, complacency and stagnation are equal threats to a safety culture.

In December 2020, Congress included the Aircraft Certification, Safety, and Accountability Act, with more than 100 provisions for the FAA to implement, in the Consolidated Appropriations Act, 2021. I thank the Committee for its leadership in passing this important legislation, and we have completed more than half of its directives. I also want to emphasize the efforts of the families of the victims of the Lion Air Flight 610 and Ethiopian Airlines Flight 302. This legislation would not have been possible without your tireless advocacy on behalf of your loved ones. The important work we have accomplished includes strengthening oversight of manufacturers that have delegated authority through the Organization Designation Authorization (ODA) program, instituting the Voluntary Safety Reporting Program for FAA safety employees, and recently issuing a notice of proposed rulemaking that would require aircraft manufacturers, on-demand and for-hire operations (14 CFR Part 135), and air tour operators to implement a safety management system. We remain focused on implementation of this legislation and continue to make significant strides in fulfilling its requirements.

In recent months, the agency has made important headway in meeting additional statutory obligations aimed at improving safety and has moved a number of those rulemaking projects forward. I am proud to say that in my one-year tenure, we have published seven aviation safety rulemaking actions stemming from congressional direction.

At all times, the safety of the traveling public has been our top priority. The commercial aviation system in the United States currently operates at an unprecedented level of safety, but we do not take that for granted. We achieved this safety record because we have made a concerted effort to evolve in how we approach safety oversight – both in detecting risks and in responding to the risks identified. Key to this approach is a commitment to sharing data through an open and transparent safety culture to detect risks and address problems before accidents occur.

Our mission is continuous improvement in safety — even as we see significant changes on the horizon to how people and packages might travel by air in our busiest cities and across the country. The FAA is rising to that occasion. We are taking steps to establish a regulatory framework that enables innovation and manages the identified risks commensurate with desired operations. This ensures that new entrant aircraft and operators – including those seeking to conduct advanced air mobility (AAM) operations – will benefit from 120 years of lessons learned since the Wright brothers made their first controlled flight.

I would like to acknowledge my fellow panel members. I am encouraged that you asked representatives from a wide range of aviation interests to speak today. As we all know, aviation safety is a team effort, and we all share the mutual goal of making the world’s safest mode of transportation even safer. While we all have specific roles to play, we understand the solemn trust that the public has placed in us.

I think it is important to take a moment to recognize National Transportation Safety Board (NTSB) Chair, Jennifer Homendy, and the important collaborative relationship between our two agencies. We work jointly on accident investigations, with the FAA providing support with real-time information, technical data, transportation to accident scenes, and aviation safety inspector/accident investigator support and cooperation. We also collaborate on safety priorities, to include FAA responses to NTSB safety recommendations. Since 2011, the FAA has annually closed more recommendations than it has received, and the number of open recommendations for FAA (222) is at its lowest point in more than two decades. The FAA takes the NTSB’s role seriously and devotes a tremendous amount of time and attention to addressing their recommendations.

Safety Highlights

Today, I want to briefly share some of the actions we are taking to fulfill our safety mission, which extends from general aviation to commercial and air carrier operations.

Evolving our regulatory structure is necessary to enable new users of the airspace, and support innovation and new commercial operations with aircraft and technologies that are evolving at a pace not previously seen in our industry. Sustaining the agency’s safety record will be dependent upon the ability to be agile in our regulations, yet firm in our enforcement. Although we recognize the need to adapt to new technologies and enable their use, we must also manage risk and be deliberative in our decisions. The FAA is using modern tools and philosophies and incorporating performance-based regulation where possible to develop a regulatory environment that ensures aviation safety remains paramount. We have several recent examples of rulemaking that demonstrate our continued commitment to improving safety and providing flexibility to users of the National Airspace System (NAS).

• In November, we issued two final rules. The first requires a commercial balloon pilot to hold a valid second-class medical certificate when flying for compensation or hire (other than flight instruction) – a standard that aligns with what every other commercial pilot must hold. The second final rule requires applicants to demonstrate the integrity of the airplane structure in the presence of pilot-commanded rudder pedal reversals. Adopting the new load condition will protect the airplane from excessive loads on the vertical stabilizer.
• In December, we published a proposed rule that would revise standards for the design of proposed transport category airplanes. These standards would reduce the likelihood of potentially catastrophic risks due to undetected failures. For example, the changes would improve the likelihood that an operator discovers a failure before it develops into an unsafe condition. This would allow the FAA to address, and require an applicant to address, the more integrated nature of modern transport airplane systems.
• Beginning last month, flight attendants are now guaranteed additional and uninterruptable rest that aligns with what pilots receive, ensuring a crew is not fatigued when they report for duty. In January we also extended the duration of aircraft registration certificates from three to seven years – a benefit to all aircraft owners and the FAA. Both of these final rules were prompted by the FAA Reauthorization Act of 2018.

While these past few months have been busy, we have fully staffed additional rulemaking projects and expect great progress in 2023. The resulting rules will have important implications for certain aircraft, operations, and pilots as we look to enhance the safety of existing operations, continue to normalize certain aspects of operations with unmanned aircraft, and integrate new entrant aircraft into our national airspace.

• We issued a proposed rule for secondary flight deck barriers on certain airplanes used in commercial service last fall, took public comment, and are working to address comments and finalize the rule. This rule would protect the flightdeck from unauthorized intrusion when the flightdeck door is open.
• We have a project that will propose to modernize special airworthiness certification of piloted aircraft as well as a project that would define a regulatory process for determining airworthiness for certain unmanned aircraft. We are also developing rules to enable unmanned aircraft to be flown beyond visual line of sight.
• Finally, we have a special federal aviation regulation on powered-lift– or SFAR – for the integration of certain AAM aircraft into the NAS. This rule would enable a path forward for qualifying pilots as well as determining which operating rules apply to powered-lift. This proposal is a critical step for the United States to usher in the next era of aviation.

Other Safety Initiatives

Our work to improve aviation safety does not stop at our borders. As Congress has directed in section 243 of the FAA Reauthorization Act of 2018, we continue our efforts as a global leader in aviation, and much of the globe is watching in anticipation of our plans for integrating new entrant aircraft into the NAS and the desired operations envisioned by manufacturers and future operators. The International Civil Aviation Organization (ICAO) Personnel Training and Licensing Panel is tackling pilot qualification for AAM aircraft and the U.S. has been leading this activity. At the ICAO Assembly this past September, the FAA proposed that ICAO establish an advisory group that would connect all aspects of the AAM ecosystem as the world works to enable this industry. The proposal was well-received and work has begun to stand up a study group. We look forward to supporting that effort.

In addition to our important work on rules and the development of international consensus standards, we would be remiss to not mention how we support the aviation industry through the issuance of guidance and information to support rule implementation and operations by all airspace users. The FAA published one of the highly anticipated advisory circulars on flightpath management in November. This document provides both guidance and recommended practices for operators to implement operational procedures and training for managing the airplane’s flight path, which includes manual flight operations and managing automated systems. Addressing pilot overreliance on automation through this guidance remains safety-critical. The foundation of its content originated from recommendations from our Air Carrier Training Aviation Rulemaking Committee and is a wonderful example of how industry and government can come together to address a challenge and achieve a common goal – enhancing safety.

In October, we published a revision to our guidance that supports recreational operations of unmanned aircraft and aligns with the statutory permissions afforded to those flyers by the FAA Reauthorization Act of 2018.

Another huge accomplishment was the consolidation and updating of six -related advisory circulars into a single Aviation Weather Handbook that was published in November.

This technical reference streamlines pilot access to all of the FAA’s weather documentation and is designed to support everyone who operates in the NAS – from recreational pilots to commercial pilots and dispatchers. Having current technical information about weather is a critical component to safe flying and pilot decision making and it is important that the FAA continue to support airspace users with handbooks like this.

Moving Forward

It is an exciting time in aviation, and we have a lot to look forward to – this also means there is no shortage of work ahead of us. I am extremely proud of the work our staff is doing to address the breadth of aviation safety work we have in front of us. With innovation, it is important we continue to develop and train our workforce so we can continue to meet the regulatory needs of this industry and our safety mission. We are executing workforce strategies to do this while also onboarding diverse talent with the right expertise to strengthen our workforce. The development and expansion of the professional aviation workforce in general is also critical to our industry, and we are proud to promote exciting careers like being an aviation mechanic or a pilot through Aviation Workforce Development grants.

Finally, we will continue to engage with the aviation community, our labor partners, and industry stakeholders, on addressing the safety and sustainability challenges that face our industry through our established committees and outreach events. Our collaborative efforts with long-standing groups like the Commercial Aviation Safety Team (CAST), the General Aviation Joint Safety Committee (GAJSC), and the U.S. Helicopter Safety Team (USHST), help us achieve our collective safety mission and continue to push the envelope in finding ways to enhance safety for all stakeholders. Through the more recent establishment of the Eliminate Aviation Gasoline Lead Emissions (EAGLE) team a year ago, we partnered with aviation stakeholders to find a safe and practical path to eliminate the use of leaded aviation fuel by no later than 2030 without adversely affecting the existing piston-engine fleet.

Thank you for this opportunity to share information on some of our most important work. We look forward to continued support from the committee and subcommittee on maintaining the safest aviation system in the world during this time of rapid innovation.

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Department of Transportation Fiscal Year 2023 Budget Request

TESTIMONY
THE HONORABLE PETER BUTTIGIEG
SECRETARY OF TRANSPORTATION

BEFORE THE

APPROPRIATIONS SUBCOMMITTEE ON
TRANSPORTATION, HOUSING, AND URBAN DEVELOPMENT AND RELATED AGENCIES

UNITED STATES HOUSE OF REPRESENTATIVES

May 10, 2022

Chairman Price, Ranking Member Diaz-Balart, and members of the Subcommittee, thank you for the opportunity to discuss the President’s Fiscal Year 2023 Budget request for the Department of Transportation.

I first want to thank the Members of Congress on both sides of the aisle who delivered the Bipartisan Infrastructure Law (BIL) as well as the Fiscal Year 2022 Omnibus. Because of these historic investments, the Department is now in a much stronger position to help build the transportation future the American people need and deserve... one that is safer, more efficient, and more affordable for everyone, from families transporting kids to businesses moving goods. And we have acted urgently—and responsibly—to start delivering that.

We recently saw the dramatic collapse of a bridge in Pittsburgh, the emergency closure of the major I-40 Hernando de Soto bridge that connects Tennessee and Arkansas, and the closure or weight-limiting of so many bridges affecting communities across the country. In December, we were able to allocate the largest Federal Highway funding to states in decades, $52.5 billion, to make roads and bridges safer, more modern, and more resilient so people can get where they need to go.

Another urgent priority for us is addressing the pandemic-driven supply chain disruptions and accompanying inflation, while acting to ensure our supply chains are resilient into the future. The steps we are taking include efforts to support truck drivers, supplement inland ports, and modernize our port infrastructure – all to help move record volumes of goods more quickly and stem the rising costs of shipping. And it's showing results. The total number of container ships waiting for berths at U.S. ports has dropped by 35% since peaking in early February; employment for trucking rose in 2021 to its highest level since 1990; and grocery and drug stores have products in stock at almost the exact level as before the pandemic. We will continue to address issues wherever they arise – whether that’s longer dwell times on U.S. freight rail, or the COVID-driven stops and starts in China, which we are monitoring closely.

Across our transportation systems, there is still much more to do to achieve our goals, from lowering costs to giving people back time in their day. In Fiscal Year 2023, we are now poised to build on early progress with a President’s budget for the Department of Transportation that totals $142 billion, including $36.8 billion in advance appropriations provided by BIL in that year.

Let me give you a few highlights:

• Safety remains our top priority, and the budget includes funding to help address the crisis of deaths on America's roadways, as outlined in our National Roadway Safety Strategy. That includes $3 billion for the Highway Safety Improvement Program.
• With $4 billion for RAISE and the new Mega program, we will rebuild century old infrastructure and lay the groundwork for America to compete and win in decades ahead.
• With $23.6 billion for the Federal Aviation Administration, we will further enhance aviation safety, combat the effects of aviation on the climate, and improve airport infrastructure.
• With $4.45 billion in Capital Investment Grants, we will advance 15 major transit projects that shorten commutes, increase access to jobs, and reduce congestion on the road for millions of Americans.
• We will invest $17.9 billion to reverse decades of underinvestment in intercity passenger rail and make fast, reliable train service available to more people.
• We will provide $1 billion to build out a nationwide network of electric vehicle chargers, so that Americans in every part of the country have access to the lower monthly costs of electric vehicles. We will also begin implementing our ambitious new fuel efficiency standards, which are projected to save the typical household hundreds of dollars in gas costs and prevent 2.5 billion metric tons of carbon dioxide from reaching our atmosphere.
• And to keep making progress on supply chains to help move goods faster and fight inflation, we will invest a total of $680 million to modernize ports, $3 billion to improve the roadways that carry the majority of America’s freight, and a total of $1.5 billion for CRISI grants to improve freight rail.

That’s just a sample of the improvements the American people will experience when they drive, fly, ride – and shop, as enhancing our transportation systems directly helps lower the transportation costs of goods and services.

We understand that the tremendous opportunity we’ve been given to help modernize our country’s infrastructure comes with a profound responsibility to use taxpayer dollars efficiently and wisely--and to make resources more accessible to state and local governments so they can build good projects.

This type of infrastructure transformation only happens at most once every generation, and it only happens if we work together. So I want to again thank you for demonstrating that democracies can deliver a better future for the people they represent--and for your work to ensure that the United States remains the global economic leader.

I look forward to taking your questions.

Secretary Pete Buttigieg Opening Testimony Before the House Committee on Transportation and Infrastructure

Secretary Pete Buttigieg

U.S. Department of Transportation

Testimony Before the House Committee on Transportation and Infrastructure

July 19, 2022

Chair DeFazio, Ranking Member Graves, and members of the Committee, thank you for the opportunity to speak with you. Before I begin, I’d like to thank you in particular, Chair DeFazio, for your 36 years of extraordinary service, and congratulate you on your upcoming retirement. There are few who can claim to have done more than you to champion safety, promote environmental justice, and advance our transportation systems to the benefit of all Americans.

I also want to acknowledge that earlier this year, we lost a member and former Chair of this committee—the late Representative Don Young, who represented the people of Alaska for nearly half a century and was often willing to cross the aisle to get things done for the American people. Thanks to leaders like Chair DeFazio, Representative Young, and so many of you, we now have the most transformative transportation investment in most of our lifetimes in the form of the Infrastructure Investment and Jobs Act.

And it couldn’t have come at a more important time. From delays at ports, to freight congestion, to shortages in aviation, American transportation has rarely confronted this many intersecting challenges at once, both immediate and entrenched. Nearly 43,000 people died in traffic crashes last year—each of them a parent or child, colleague or friend. Transportation produces more carbon emissions than any other sector, at a time when the nations of the world are rallying to confront the climate challenge. And as Americans grapple with the effects of inflation, we know transportation is the second largest household expense after housing, affecting every family budget.

But this is also a moment of enormous opportunity with reason for optimism. Thanks to the infrastructure law, my Department has never seen a moment of greater potential than now—to build transportation resources that connect everyone safely, efficiently, and affordably to the things we need and the people we love.

Needless to say, we’ve been busy. We have already announced nearly $84 billion in grant funding from across the Department. Every few days we have another great announcement: bridge repair programs that will help us move goods more affordably and people more safely; a national electric vehicle charging network with the potential to bring cost-saving technology to rural communities and help fight the climate crisis; and safety initiatives that will reduce crashes and save lives, for example, getting rid of outdated railroad crossings to prevent tragedies like the one we saw in Chariton County.

Ranking Member Graves, my thoughts are with all your constituents, the passengers, and their families who were impacted by that derailment. DOT will continue to support NTSB's investigation and work to improve railroad safety nationwide.

From safety to reliability to affordability, name a dimension of transportation that you deal with in your daily life, and chances are, we’ve got a program for it. All this will help people get to where they need to go, while creating jobs and economic opportunity across the country.

You know better than anyone that passing the law is only the first step.  Success means delivering good projects that improve the lives of your constituents. Here are some examples of what we’re supporting:

Alpena, Michigan is a city of fewer than 10,000 people, where one of the largest employers is the local cement plant. We awarded the city funding to modernize their port, so it can bring in larger cargo ships. That means more business for the plant, more jobs for the people of Alpena, and better access to materials for manufacturers across the region.

Within the city limits of Baltimore, it can take hours to get from home to work if you don’t have a car. We’re funding ten new miles of dedicated bus lanes, to connect residential neighborhoods with major employers—a single corridor that supports more than 180,000 jobs.

In 2007, Findlay, Ohio—a town of about 40,000—flooded. Hundreds of homes and businesses were damaged or forced to move. Now, we’re helping Findlay replace a century-old railroad bridge with a modern ballast deck bridge that will not only help people get to work, but also reduce the risk of flooding damage.

These are among literally thousands of projects that will help Americans live and work where they want, help businesses deliver better products, and help families save for the future. They can even save lives.

In this good work, we will need your continued leadership and partnership—as well as that of communities across the country, organized labor, businesses, State, Tribal, and local officials, and so many more.

Together, we have the opportunity to improve countless lives, support good paying jobs, strengthen America’s manufacturers, modernize our infrastructure for decades to come, and cement America’s position as the world’s leading economy.

Thank you once more for inviting me to be here today. I look forward to your questions.

Advancing Public Transportation under the Bipartisan Infrastructure Law: Update from the Federal Transit Administration

Senate Banking Committee Hearing – 
 “Advancing Public Transportation under the Bipartisan Infrastructure Law: Update from the Federal Transit Administration”

Statement of FTA Administrator Nuria Fernandez
Tuesday, July 12th, 2022, 10:00 AM
Dirksen Senate Office Building, Room 538

Chairman Brown, Ranking Member Toomey, and Members of the Committee, it is my pleasure to testify before you today on the progress the Federal Transit Administration has made in implementing the Infrastructure Investment and Jobs Act, or the Bipartisan Infrastructure Law, and our continued work to improve America’s communities through public transportation.

First, I want to express my gratitude to this Committee for advancing my nomination as Administrator of the FTA, and to the Senate for confirming me last June. It is truly the privilege of a lifetime to lead FTA during such a critical time for public transportation.

Just over a year ago, COVID-19 was still ravaging transit systems nationwide, impacting every aspect of the industry. We greatly appreciate Congress providing about $70 billion in COVID relief funding for public transportation in response to this crisis. 

These funds not only made sure that riders had the lifeline they needed – they were also essential for the economy. The American Rescue Plan alone is responsible for saving about 50,000 transit jobs, not to mention the extensive supply chain that manufactures components for buses, rail cars, and more. In short, transit helped keep America open.

Now, thanks to diligent efforts to win customers back, more demand for in-person work as the economy grows, and increasing confidence from the riding public, we have seen ridership return to about 60 percent of pre-pandemic levels…and climbing. 

The Bipartisan Infrastructure Law came at a pivotal time for public transportation. Recognizing the importance of transit to so many communities, Congress entrusted FTA with up to $108 billion dollars in funding over the next five years.

Trust me when I say we do not take this responsibility lightly. Since President Biden signed the Bipartisan Infrastructure Law last November, FTA has been hard at work to deliver this record investment to agencies nationwide – in areas large and small; urban, rural, and Tribal; in every State and Territory in the Union. 

In the next few minutes, I will highlight how FTA has delivered on the promise of the Bipartisan Infrastructure Law, as well as discuss our plans for the future. 

Safety

As Secretary Buttigieg has said, safety is our North Star. In the COVID-19 era, “safety” has taken on a new meaning, but the principle is the same: every transit rider deserves a safe, secure, and reliable trip, and every transit worker must be able to conduct his or her duties without fear of assault or injury.
With that in mind, we are doing everything in our power to improve safety throughout the industry. All transit operators that receive FTA urbanized area funds must have Public Transportation Agency Safety Plans in place to improve their safety processes and systems. To meet the new requirements in the Bipartisan Infrastructure Law, transit agencies in large urban areas must establish Safety Committees with equal representation of management and labor by July 31, and all agencies in urban areas must update their safety plans by December 31, with approval by Safety Committees if applicable.

FTA also plans to expand our data collection efforts to require that all transit worker assaults are reported through the National Transit Database. Currently, only those assaults that result in serious injury are required to be reported. In addition, FTA is strengthening its State Safety Oversight program by giving state oversight bodies the authority to conduct unannounced risk-based inspections. Taken together, these actions will give FTA more information than ever before on the scale of transit safety needs and how to address risks. 

Funding

Another critical aspect to ensuring the safety of our transit systems is to improve the state of repair of transit assets, from subway tracks to bus wheels. Our goal is to improve the significant state of good repair backlog. Thanks to the Bipartisan Infrastructure Law, we have resources to take on the estimated $105 billion backlog in transit maintenance needs nationwide. To help transit agencies perform needed repairs and modernize their equipment, right after the Fiscal Year 2022 Appropriations Act in March, FTA acted swiftly to make the full balance of over $13 billion in FY22 formula funding available through the apportionment process.

We are also delivering funding through our competitive programs as quickly as possible. 

• In February, we published a Notice of Funding Opportunity (NOFO) for Tribal Transit, and in March, we published a combined NOFO for the Low-No and Buses and Bus Facilities programs, making over $1.7 billion available to replace and modernize our nation’s bus fleets in rural and urban areas. In May, we issued the NOFO for Transit-Oriented Development planning as well.
  • The Low-No funding is unprecedented, more than six times what it was in 2021. We are on track to meet the statutory deadline to award these funds, which will make an enormous difference in reducing emissions and improving air quality nationwide.
• Just last week, we published a NOFO making available nearly $300 million for three ferry programs: the longstanding urban ferry program, as well as the new Ferry Service for Rural Communities and Electric or Low-Emitting Ferry Programs.
• This summer, we anticipate issuing NOFOs for the other competitive programs established by the infrastructure law, including the All Stations Accessibility Program (ASAP) and the Rail Vehicle Replacement Program. I will discuss ASAP in more detail in a moment.

Workforce Development

Recruiting, training, and retaining the transit workforce continues to be a top priority. Frontline workers – represented by the backbone of the industry, transit labor – support riders in their communities, day in and day out, and they need help. They need more co-workers to keep people moving to jobs, schools, healthcare appointments, and opportunities in communities across the country. 

Thanks to dedicated funding from Congress, FTA established the Transit Workforce Center last September to help transit agencies recruit, train, and upskill their workforces and establish partnerships between transit agency management and labor organizations. Since then, the TWC has hit the ground running, providing recruitment and management strategies as well as networking opportunities to transit agencies nationwide.

Following direction in the Bipartisan Infrastructure Law, applicants to the bus competitive grant programs who have proposed projects related to zero-emission vehicles must adequately support workforce development, including registered apprenticeships and technology training, or use 5 percent of their awards to do so. FTA has also worked with the Department of Labor and their Good Jobs Initiative to embed incentives for equitable workforce development connected to good jobs into other discretionary grant programs.

Equity / Accessibility

We are thankful to this Committee and Congress for the new All Stations Accessibility Program (ASAP) included in the Bipartisan Infrastructure Law. It has been 32 years since the passage of the Americans with Disabilities Act, and while great strides have been made to improve transit accessibility, we still have work to do.

There are over 900 rail stations that remain inaccessible. Beginning to upgrade these stations will open new opportunities for people with disabilities to independently use rail transit systems to reach jobs, healthcare and other services, social activities, and all life’s opportunities. 

In addition to improving quality of life for people with disabilities, in keeping with the President’s Executive Order on Advancing Racial Equity and Support for Underserved Communities, we are advancing the Biden-Harris Administration’s commitment to address the needs of communities that have been historically overburdened and underserved by our Nation’s transportation systems.

I want to be clear that public transportation does not just serve big cities – far from it. FTA has supported transit in rural and Tribal areas for decades, and we continue that important work every day. It is those areas where a local bus, van, or paratransit service can make all the difference for a senior citizen aging in place or a veteran who needs care at the VA.

For example, I recently visited Jackson, Mississippi, to highlight FTA funding that will allow the Claiborne County Human Resource Agency and four partner organizations to collaborate to better connect rural Mississippians with jobs, doctor’s appointments, grocery stores, and other essentials. I saw firsthand that rural transit is not just a bus or a van, it is a pathway to health, wellness, and opportunity. 

USDOT is committed to improving transportation infrastructure and stewardship on Tribal lands. Recently, Deputy Secretary Polly Trottenberg traveled to the Cherokee Nation in Oklahoma to sign the first ever Tribal Transportation Self-Governance Compact. This historic agreement means Cherokee Nation will have the opportunity to make more decisions on how to use federal funds to support transportation and infrastructure projects that better connect both their residents and those visiting tribal lands.

Conclusion

We know that transportation costs are one of the biggest burdens on many family budgets. Transit is the great equalizer, making sure that Americans always have an affordable option to get from where they live to where they need to go. My staff and I come to work every day to ensure the historic level of funding over the next five years is invested equitably and effectively, taking on the climate challenge and making the nation’s trains, buses, ferries and paratransit better for all.

I look forward to continuing to work closely with this Committee as we go about this important work.

Thank you, and I will be happy to answer any questions.

###

Senate Appropriations: Transportation, Housing and Urban Development

TESTIMONY
THE HONORABLE PETER BUTTIGIEG
SECRETARY OF TRANSPORTATION

BEFORE THE

APPROPRIATIONS SUBCOMMITTEE ON
TRANSPORTATION, HOUSING, AND URBAN DEVELOPMENT AND RELATED
AGENCIES
UNITED STATES SENATE
April 28, 2022

Chairman Schatz, Ranking Member Collins, and members of the Subcommittee: thank you for the opportunity to discuss the President’s Fiscal Year 2023 Budget request for the Department of Transportation.

I first want to thank the Members on both sides of the aisle who delivered the Bipartisan Infrastructure Law (BIL), and the FY 2022 Omnibus.

Because of these historic investments, the Department is now in a much stronger position to help build the transportation future the American people need and deserve... one that is safer, more efficient, and more affordable for everyone, from families transporting kids to businesses moving goods.

And we have acted urgently—and responsibly—to do just that. Let me give just two examples.

We recently saw the dramatic collapse of a bridge in Pittsburgh, where if it weren’t for the divine grace of a snow day, there could have been school buses driving over that 8-story high bridge when it fell. In December, we allocated the largest Federal Highway funding to states in decades, $52.5 billion, to improve roads and bridges.

Another urgent priority for us is addressing the supply chain disruptions and accompanying inflation caused by the pandemic, while acting to ensure our supply chains are resilient into the future. The steps we are taking include efforts to support truck drivers, supplement inland ports, and modernize our port infrastructure – all to help move record
volumes of goods more quickly and stem the rising costs of shipping. And it’s paying off. A few weeks ago in Tell City, Indiana, I saw how our federal port investments will help increase shipments of pig iron through a small port, supporting and securing jobs for over a thousand people at a foundry a few miles away. Examples like that exist across the country.

In Fiscal Year 2023, we are now poised to build on this progress with a President’s budget for the Department of Transportation that totals $142 billion, including $36.8 billion in advance appropriations provided by BIL in that year.

Let me give you a few highlights:

Safety remains our top priority, and the budget includes funding to help address the crisis of deaths on America's roadways, as outlined in our National Roadway Safety Strategy. That includes $3 billion for the Highway Safety Improvement Program.

With $4 billion for RAISE and the new Mega program, we will support transportation projects that transform communities so that their residents no longer need to rely on bridge, tunnel, and port infrastructure that hasn’t seen major updates in decades or even a century.

With $23.6 billion for the Federal Aviation Administration, we will further enhance aviation safety, combat the effects of aviation on the climate, and improve our nation’s infrastructure.

With $4.45 billion in Capital Investment Grants, we will advance 15 major transit projects that shorten commutes, increase access to jobs, and reduce congestion on the road for millions of Americans.

We will invest $17.9 billion to reverse decades of underinvestment in intercity passenger rail and make fast, reliable train service available to more people.

We will provide $1 billion to build out a nationwide network of electric vehicle chargers, so that Americans in every part of the country have access to the lower monthly costs of electric vehicles. We will also establish our ambitious new fuel efficiency standards, which are projected to save the typical household hundreds of dollars in gas costs and prevent 2.5 billion metric tons of carbon dioxide from reaching our atmosphere. And to ensure good transportation is available on every block of our cities and every mile of our rural counties, we will dedicate $111 million to significantly enhance the capacity of disadvantaged communities to access and execute the Department’s financial assistance programs, and $350 million through a new grant program for rural communities.

That’s just a sample of the improvements the American people will experience when they drive, fly, ride – and shop, as enhancing our transportation systems directly helps lower the transportation costs of goods and services.

At the Department we understand that the tremendous opportunity we’ve been given to help modernize our country’s infrastructure comes with a profound responsibility to use taxpayer dollars efficiently and wisely--and to make resources more accessible to state and local governments so they can build good projects.

This type of infrastructure transformation only happens at most once every generation, and it only happens if we work together. So I want to again thank you for showing that democracies can deliver for the people they represent--and for ensuring that the United States remains the global economic leader.

I look forward to taking your questions.

Senate Commerce Committee

Chair Cantwell, Ranking Member Wicker, and members of the Committee, thank you for the opportunity to discuss the Department of Transportation’s Fiscal Year 2023 budget and priorities.

I first want to thank the Members on both sides of the aisle who delivered the Bipartisan Infrastructure Law, and the FY 2022 Omnibus. This Committee helped deliver much-needed resources, vital for communities across America.

Because of these historic investments, the Department is now in a much stronger position to help build the transportation future the American people need and deserve...one that is safer, more efficient, and more affordable for everyone, from families transporting kids to businesses moving goods.

And we have acted urgently—and responsibly—to do just that. Let me give just two examples. We recently saw the dramatic collapse of a bridge in Pittsburgh, where, if not for the divine grace of a snow day, there could have been school buses driving over that 8-story high bridge when it fell. In December, we provided the biggest Federal Highway funding to states in decades, $52.5 billion, to make roads and bridges safer, more modern, and more resilient so
people can get where they need to go.

Another urgent priority is addressing the pandemic-driven supply chain disruptions and accompanying inflation, while also ensuring the nation’s supply chains are resilient into the future. We’ve helped create pop-up inland ports in Seattle, Savannah, and Oakland. We’ve made available an unprecedented level of funding to modernize America’s port infrastructure. And knowing that people are the most critical element of supply chains, we’ve acted to help truck drivers, including by addressing time spent behind the wheel without being paid, guiding states to build additional safe truck parking, and nearly doubling the number of registered apprenticeship programs so more new drivers enter the profession with high-quality, paid, onthe-job training. All of this is designed to help move record amounts of goods more quickly, and to stem the rising costs of shipping. And it's showing results.

A few weeks ago in Tell City, Indiana, at a site visit alongside the state Transportation Commissioner, I saw how our federal port investments will support shipments of pig iron through a small river port, supporting jobs for over a thousand people at a foundry nearby.

Across the country, the total number of container ships waiting for berths at U.S. ports has dropped by about 35% since peaking in early February; employment for trucking rose in 2021 to its highest level since 1990; and grocery and drug stores have products in stock at almost the exact level as before the pandemic.

But there is still far more to do to achieve our goals, from lowering costs to giving people back time in their day. In Fiscal Year 2023, we are poised to build on early progress with a President’s budget for the Department of Transportation that totals $142 billion, including $36.8 billion in advance appropriations provided by the infrastructure law.

Here are a few highlights:

Safety remains our top priority, and our request includes funding to help address the crisis of deaths on America's roadways, as well as to support the elimination of railroad grade crossings that are frequently blocked by trains, which will save lives and improve supply chains. With $4 billion for RAISE and the new Mega program, we will rebuild century old infrastructure and lay the groundwork for America to compete and win in decades ahead.

We will also start implementing our new rule for ambitious fuel efficiency standards, projected to save the typical household hundreds of dollars in gas costs, accelerate our move towards energy independence, and reduce billions of metric tons of carbon dioxide emissions. We will invest a total of $17.9 billion to reverse decades of underinvestment in intercity passenger rail and make fast, reliable train service available to more people.

And to keep making progress on supply chains to help move goods faster and fight inflation, we will invest a total of $680 million to modernize ports, $3 billion to improve the roadways that carry the majority of America’s freight, and a total of $1.5 billion for CRISI grants to improve freight rail.

That’s just a sample of the improvements the American people will experience when they drive, fly, ride – and shop, as enhancing our transportation systems directly helps lower the transportation costs of goods and services.

This type of infrastructure transformation only happens at most once every generation, and it only happens if we work together. So I want to again thank you for showing that democracies can deliver for the people they represent – and for ensuring that the United States remains the global economic leader.

I look forward to taking your questions.

Implementation of the Infrastructure Investment and Jobs Act by the U.S. Department of Transportation

Testimony of Pete Buttigieg, Secretary of Transportation 
Before the Senate Committee on Environment and Public Works 
March 2, 2022 

Chairman Carper, Ranking Member Capito, and members of the Committee, thank you for the opportunity to testify today on the Department of Transportation’s ongoing work to implement President Biden’s historic Bipartisan Infrastructure Law.
   
I want to begin by thanking you for everything you did to craft and pass this urgently needed piece of legislation, a landmark that we believe will stand to the credit of this Congress and this administration alike.
 
As members of this Committee know well, America’s infrastructure fell into a state of disrepair for decades—and the American people rightly demanded action. We had yet another blunt reminder of the urgency and need just last month in Pittsburgh, with the collapse of the Fern Hollow Bridge. As I’ve traveled across the country, I’ve seen supply chains straining, bridges out of service, and critical infrastructure destroyed by increasingly frequent climate disasters. The need for major investment has long been clear, and now, this President and this Congress have delivered the means to address that need.  

Through this law, we are now in the early stages of a generational modernization of our infrastructure that will serve to bolster our economic security and prosperity for decades to come. The investments now underway will strengthen our goods movement and supply chains; reduce costs for American consumers; make it easier and safer for people to get where they need to be; help tackle the climate crisis; and create good-paying jobs building bridges, paving roads, electrifying buses, installing EV chargers, laying track, and so much more.  
 
At DOT, we’re working to implement these investments according to the new law, with a focus on: making our nation’s roads safer; making our transportation systems cleaner, more accessible, and more resilient to climate impacts; and enabling all Americans to share in the benefits equitably.   
We began our work as soon as the President signed the new law. In the past 90 days, we have already put forward a total of $60 billion in authorized funding to states and communities—and we’ve opened applications for another $2 billion in discretionary grant programs.   

Our Federal Highway Administration (FHWA) announced the largest annual apportionment of highway funds in decades—more than $52 billion for states to repair and rebuild our roads, bridges, and highways, making them safer and more resilient.
  
With regard to federal-aid highway funding, I want to pause and emphasize the importance of the relationship between my department and our state partners, because I know that has been of particular interest to members of this Committee. I want to make clear that we recognize and value the role of the states in deciding how to prioritize the use of formula dollars, as laid out in the law.  

Different states and communities have different needs when it comes to transportation assets that have to be reconfigured and modernized, expanded and added, or retired and replaced, as appropriate, and we look forward to our continued support of state transportation departments as they undertake this work.  

And I am proud to affirm the virtues of what so many states—from Alabama, to Virginia, to my home state of Indiana, and many more—have been doing to focus on repairing the vital infrastructure we already have. That philosophy is something we at DOT share with state leaders across the country—Republicans and Democrats alike—who are working to maintain and modernize the roads, bridges, and other transportation infrastructure that their residents count on every day. Maintaining and improving our existing infrastructure is critical to building a better, cleaner, more modern transportation system, and now we can bring new resources and energy to this work. 

FHWA recently launched our new Bridge Formula Program—the single largest dedicated bridge investment since the creation of the Interstate Highway System—with more than $26 billion to repair and replace our bridges, so we can avoid devastating collapses and closures like the ones we’ve seen recently.   

We've established a Joint Office of Energy and Transportation with the Department of Energy, followed by our announcement of $5 billion in support for states as they draw up plans to build out what will become a national network of EV chargers, half a million strong by 2030.

We’ve opened applications for some of our most significant grant programs—with more funding than ever, thanks to the infrastructure law—including our RAISE, Port Infrastructure Development, and Airport Terminal Programs, with more soon to come.   

We’re working closely with state Departments of Transportation and other project sponsors to ensure they have the flexibility and support they need to deploy all these funds in ways that make sense for their communities—while ensuring that the expenditure of these funds meets our shared public policy goals and the high standards for the use of federal taxpayer dollars.  

All of us worked to enact the infrastructure law for the same reason: because we know it will do so much to make life better for the American people. It will improve everyday life for the traveling public and anyone who counts on our supply chains. It will ease daily commutes and long-haul travel alike. And it will create jobs. We at DOT look forward to continuing our work with all of you to bring the ambitious vision of the Bipartisan Infrastructure Law to life across our country. 

Thank you again for inviting me to be here today; I look forward to your question

The Evolving Cybersecurity Landscape: Federal Perspectives on Securing the Nation’s Infrastructure

We have begun a series of “cyber sprints” that will establish Plans of Action and Milestones to meet our federal cyber security requirements and implement best practices, including those from President Biden’s Executive Order 14028 Improving the Nation's Cybersecurity; the Federal Information Technology Acquisition Reform Act (FITARA); the Federal Information Security Management Act (FISMA); Office of Management and Budget (OMB) memoranda; the National Institute for Standards and Technology (NIST) Cybersecurity Framework; and inspector general and GAO findings.

DOT is actively working to meet its responsibilities to securely improve the Department’s information technology infrastructure while implementing our portions of the Bipartisan Infrastructure Law. We will also meet the challenge of continuously improving the cybersecurity of DOT information technology systems while keeping those systems available for use. We look forward to working with this Committee, our agency partners, and the White House to strengthen and protect our infrastructure and systems. Thank you again for the opportunity to testify. I will be happy to answer your questions.