STATEMENT OF ANN C. PHILLIPS MARITIME ADMINISTRATOR MARITIME ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION
BEFORE THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE SUBCOMMITTEE ON COAST GUARD AND MARITIME TRANSPORTATION
U.S. HOUSE OF REPRESENTATIVES
HEARING ON “SHORTAGE OF U.S. MARINERS AND RECRUITMENT AND RETENTION IN THE UNITED STATES COAST GUARD”
May 11, 2023
Good morning, Chairman Webster, Ranking Member Carbajal, and Members of the Subcommittee. Thank you for your tremendous support for the Maritime Administration (MARAD) and thank you for the opportunity to testify today regarding the availability of U.S. mariners needed to meet our Nation’s sealift requirements.
MARINER READINESS
MARAD’s mission is to foster, promote, and develop the maritime industry of the United States to meet the nation’s economic and security needs. MARAD administers the Federal programs that support commercial sealift vessels, and we own and maintain the nearly 50 vessels comprising the Ready Reserve Force (RRF). We also have an extensive role supporting mariner education in the U.S.—and particularly the education and training of individuals working to earn unlimited tonnage licenses.
A study prepared by the Maritime Workforce Working Group and released by MARAD in 2017 found that the U.S. did not have enough mariners with unlimited tonnage credentials to sustain a full activation of the RRF and our commercially operated vessels to meet sealift needs.
Specifically, the 2017 analysis determined that, at that time, concurrent operations of the commercially operated U.S.-flagged fleet and sustained military sealift operations would require 13,607 U.S. mariners with unlimited credentials. In 2017, the estimated pool of actively sailing mariners was comprised of 11,768 sealift qualified mariners—documenting a deficit of 1,839 mariners. This optimistic scenario assumed that all qualified mariners would be both available and willing to sail as needed.
During the six years since the 2017 study was released, globally standardized credentialing requirements have had an impact on the U.S. Merchant Marine. And of course, the maritime industry—like many other industries—has also been profoundly affected by the COVID-19 pandemic. Both of these developments have negatively impacted mariner retention.
Mariner credentials are issued by the U.S. Coast Guard (USCG), but USCG information technology systems are not currently structured to provide granular details regarding the pool of sealift qualified U.S. mariners. That said, ascertaining the true size of the U.S. mariner pool that could be activated in an emergency would require knowing not only the number of U.S. mariners with valid unlimited tonnage credentials but also the number from among that pool who would be available and willing to serve, particularly in a contested environment.
STATUS OF THE U.S.-FLAGGED FLEET
Requirements for sealift qualified mariners are a function of the size of the U.S.-flagged fleet, which also determines the number and type of job opportunities available to mariners.
Pursuant to 46 U.S.C. § 50101, the United States is to have a merchant marine that is “sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times.”
The domestic commerce of the United States—that is, commerce between two points in the U.S.—is carried on U.S.-flagged, coastwise qualified vessels, typically known as “Jones Act qualified” vessels. Data from the U.S. Army Corps of Engineers for the 2021 calendar year show that there were nearly 45,000 vessels of all types in the Jones Act trade at that time. A study completed in 2019 by PriceWaterhouse Coopers for the Transportation Institute concluded that the Jones Act supported nearly 650,000 jobs and contributed more than $72 billion to our nation’s Gross Domestic Product. U.S.-flag vessels provide well-paying, high-quality jobs for
U.S. mariners.
Presently, MARAD estimates that we carry less than 2% of our import/export waterborne foreign commerce on U.S.-flagged vessels. The U.S.-flagged fleet moving import/export waterborne commerce in the foreign trade is comprised of just 85 vessels. Sixty of these vessels participate in the Maritime Security Program (MSP) and two participate in the Cable Security Fleet Program (CSP), which provide payments to vessel operators in return for vessel availability to meet government needs. Ten vessels will eventually be enrolled in the new Tanker Security Program (TSP) that MARAD is implementing pursuant to Congressional authorization and appropriations.
Full activation of the sealift fleet would involve our U.S.-flagged commercially operated fleet sailing internationally, larger oceangoing Jones Act vessels requiring mariners with unlimited tonnage credentials, vessels operated by the Military Sealift Command, and the nearly 50 vessels comprising MARAD’s RRF. All of these vessels draw crewmembers from the same constrained pool of sealift qualified mariners.
MARAD INITIATIVES TO SUPPORT MARINER EDUCATION & TRAINING
In September 2022, I convened a forum attended by more than 75 industry stakeholders to discuss mariner workforce challenges. Among many issues, we discussed the fact that providing better work/life balance to today’s merchant mariners—comparable to the quality of work life in other sectors of the economy—is essential.
We also discussed how critical it is to growing our mariner workforce and to recruiting and retaining the next generation of mariners to ensure that all mariners are treated with respect and dignity and are guaranteed safe workplaces. Every mariner must have the opportunity to succeed and advance on the basis of their skills and professionalism, and we must ensure that our U.S. Merchant Marine reflects the values and diversity of the nation it serves. I thank this Committee and the entire Congress for supporting ongoing efforts to strengthen safety in the maritime industry.
In recent months, I have had the opportunity to discuss many proposals developed by all corners of the maritime industry to help expand recruitment and to support the retention of mariners, and I appreciate industry’s many efforts in this regard. Fundamentally, addressing our nation’s mariner needs requires a whole-of-government effort paired with multi-faceted industry initiatives. As part of that collaboration, MARAD is implementing numerous programs and policies to strengthen the mariner workforce.
U.S. Merchant Marine Academy
MARAD operates the U.S. Merchant Marine Academy (USMMA), located at Kings Point, New York. The Academy graduates just over 200 students annually who have earned their Bachelor of Science degrees, USCG merchant mariner licenses with officer endorsements, and commissions in the U.S. Armed Forces reserves. The USMMA is the primary source of licensed mariners with service obligations.
Recognizing the urgent need to address the many long-standing and systemic challenges at the Academy, under the Biden-Harris Administration, MARAD and USMMA have been working to combat sexual assault and sexual harassment and to advance culture change to improve safety for USMMA Midshipmen and indeed for all mariners. In November 2021, MARAD/USMMA briefly paused USMMA’s Sea Year training so that the U.S. Department of Transportation (DOT), MARAD, and USMMA could strengthen policies and procedures to help prevent sexual assault and harassment, improve the support provided to survivors, and support a culture of accountability at sea. In December 2021, MARAD introduced the “Every Mariner Builds a Respectful Culture” (EMBARC) program, which enumerates sexual assault and sexual harassment prevention and response procedures that commercial carriers agree to before MARAD permits them to carry USMMA cadets on their ships.
To strengthen MARAD’s oversight of the EMBARC program, MARAD established and is staffing the MARAD Office of Cadet Training At-Sea Safety within the office of the Deputy Associate Administrator for Maritime Education and Training. The new Director of the office joined MARAD in August 2022, and three other staff have subsequently joined the office. This office manages EMBARC enrollments and compliance reviews. Training of the initial audit team has been completed and fourteen enrolled vessels have already been assessed by the team to ensure their compliance with the EMBARC standards.
At the USMMA, additional efforts are underway to combat sexual assault and sexual harassment and to improve safety both at sea and on the campus. For example, to strengthen the Sexual Assault Prevention and Response office, the Academy has added a new GS-15 Director position in the office. Using direct hire authority provided in the Fiscal Year (FY) 2022 National Defense Authorization Act (NDAA) (Pub. L. 117-81), USMMA has filled the position with a new employee who reported to the Academy in September 2022.
Thanks to the FY 2023 NDAA, commercially operated vessels must comply with standards set by MARAD regarding the prevention of, and response to, sexual assault and harassment before they can train USMMA cadets. Further, the FY 2023 NDAA gave MARAD the authority to withhold payments from companies participating in the MSP, CSP, and TSP if they are not enrolled in—and operating in compliance with—EMBARC. MARAD is working as quickly as possible to implement an EMBARC rule pursuant to the authority provided by the FY 2023 NDAA.
In addition, the FY 2023 NDAA requires that certain ocean-going vessels include sexual assault and sexual harassment response policies in their Safety Management Systems—which has been a central tenet of EMBARC. In short, the FY 2023 NDAA reinforces a long overdue change in shipboard culture that will promote fair and equitable treatment of all mariners and contribute to a safer working environment.
At the same time, we recognize that there is more we must do to eliminate sexual assault and sexual harassment at the USMMA, and in the merchant marine generally. Last year, the Department of Transportation proposed the creation of an Independent Review Commission on the Prevention of, and Response to, Sexual Assault, Sexual Harassment and Related Offenses, modeled on a recent DOD advisory body that made recommendations related to accountability, prevention, climate and culture, and victim care and support. While Congress did not take up that proposal, we intend to ask the USMMA Advisory Council required by the FY22 NDAA to make recommendations on sexual assault and sexual harassment prevention and response one of its core mandates.
MARAD has also been working to rehabilitate and replace existing infrastructure at USMMA’s campus and to strengthen significantly USMMA’s ability to plan and manage capital investments and major maintenance efforts. Consistent with recommendations from the National Academy of Public Administration (NAPA), MARAD created and staffed a new Senior Executive Service position to lead facilities investments at the Academy and is reorganizing the infrastructure and maintenance management organization at the Academy. MARAD and the DOT have also created new oversight bodies to ensure that investments of taxpayer funds are properly managed, and yield completed projects that address the Academy’s most urgent needs. In late 2022, MARAD/USMMA released a Capital Improvement Program that prioritizes planned capital investments to address the immediate health and safety needs of the Academy’s midshipmen and to support re-accreditation of the Academy.
Support to State Maritime Academies
The six State Maritime Academies (SMAs) are located in California, Michigan, Maine, Massachusetts, New York, and Texas. MARAD administers extensive Federal programs that support the SMAs, including providing a MARAD-owned and maintained training vessel to each school, as well as limited direct funding and some additional financial assistance to partially offset the cost of fuel used by the training vessels.
Since FY 2018, Congress has appropriated a total of $1.61 billion towards the re-capitalization of the MARAD training ship fleet. With this funding, MARAD is building five National Security Multi-mission Vessels (NSMV), which will provide state-of-the-art training platforms that ensure the U.S. continues to set the world standard in maritime training.
The ships—which the Secretary of Transportation has designated as the State class—are designed with dedicated training spaces, including classrooms, a training bridge, lab spaces, and an auditorium. Each NSMV has space to embark up to 600 cadets, maximizing the capability of the ship and its mission to provide students with a world-class education. Delivery of the first NSMV—the EMPIRE STATE—will occur this summer, and by 2026, one NSMV will be provided to each SMA except the Great Lakes Maritime Academy.
I thank the SMAs for their ongoing support of initiatives to strengthen safety at sea. I note that all SMAs have confirmed they will not place their students on any vessels operated by companies that are eligible to enroll in EMBARC unless the companies are enrolled. I also appreciate the SMAs’ ongoing work to develop policies and procedures modeled on EMBARC to combat sexual assault and sexual harassment on small, regional commercial vessel operators on which they rely to train SMA students. Such vessel operators are not able to comply with all elements of EMBARC, which is designed to apply to operators of large, ocean-going vessels.
Finally, I note that prior to the placement of an NSMV at an SMA, each SMA will be required to enter into a new Memorandum of Agreement with MARAD that enumerates the terms and conditions governing the operation of the MARAD-owned vessels, including a set of policies that adapt EMBARC for application on board training ships.
Centers of Excellence
The FY 2018 NDAA authorized the Secretary of Transportation to designate Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). Pursuant to this authority, MARAD developed, and the Secretary approved, a voluntary program, which includes an application process, to identify and recommend qualified and eligible entities for CoE designation. A CoE designation is the first step in strengthening a nationwide partnership of academic centers focused on advancing the goals and efforts of the maritime industry
Twenty-seven facilities were designated as CoEs in May 2021. Designees included accredited community colleges, technical colleges, a shipyard apprenticeship program, and maritime training centers under State supervision. The CoEs help provide outreach to diverse communities around the Nation and expand awareness of the maritime industry, including the U.S. Merchant Marine.
Growing the U.S.-Flagged Fleet
Under the Biden-Harris Administration, MARAD is administering statutorily authorized initiatives that are growing the U.S.-flagged fleet and creating new job opportunities for American mariners with unlimited tonnage credentials. In 2021, MARAD stood up the Cable Security Fleet Program, which brought two cable laying vessels under the U.S. flag. In December 2022, MARAD issued the updated Voluntary Tanker Agreement and an Interim Final Rule to create the new TSP. The application period closed on February 17, 2023, and we anticipate announcing the first 10 ships selected for enrollment in the near term. The TSP initiative will create new employment opportunities for approximately 500 U.S. mariners.
MARAD is also continuing our work to support effective implementation of cargo preference requirements. We are working with the Biden-Harris Administration’s Made In America Office to help agencies understand and meet cargo preference requirements. In addition, consistent with my prior testimony before this Subcommittee, I have written to all federal departments and agencies explaining how MARAD can help them ensure they meet their obligations under cargo preference laws and regulations.
MARAD is working diligently on revisions to the cargo preference regulations as required by the FY 2023 NDAA. As part of that effort, and also consistent with my testimony before the Subcommittee last year, on March 1, MARAD published a Request for Information in the Federal Register asking members of the public to provide information on their experiences with cargo preference. We will use the input we receive to inform our work on the rule revisions as well as our continued interagency dialogue.
One of the current challenges with meeting cargo preference requirements is ensuring we have both enough vessels and the wide mix of vessel types to carry the many types of cargoes that the government impels. To help attract additional vessels to our flag, in 2022, the Biden-Harris Administration proposed that the prior Congress eliminate the 3-year period that vessels entering the U.S. flag must currently wait before they are eligible to carry civilian agency preference cargoes. Although implementation of this proposal would have no cost to the government, it was not adopted.
CONCLUSION
Ensuring that we have a robust pool of mariners with unlimited tonnage credentials to provide the sealift capacity to meet the military’s needs and to support our economic success is a critical priority for MARAD—particularly given the evolving threats in what the National Security Strategy has identified as a “decisive decade.” Thank you for the opportunity to discuss this issue today and I look forward to answering your questions.
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Testimony of Carol A. (“Annie”) Petsonk Assistant Secretary of Transportation for Aviation and International Affairs
Before the Senate Committee on Commerce, Science and Transportation Subcommittee on Tourism, Trade and Export Promotion
June 13, 2023
“Oversight and Implementation of Travel and Tourism Legislation.”
Chair Rosen, Ranking Member Budd, Members of the Subcommittee, thank you for inviting me here today to talk about the Department of Transportation’s support of travel and tourism infrastructure and about our progress on the National Travel and Tourism Infrastructure Strategic Plan. Thank you also for your support of U.S. travel and tourism.
My name is Annie Petsonk. I am the Assistant Secretary for Aviation and International Affairs at the Department of Transportation. In addition to travel and tourism, my office carries a broad portfolio of responsibilities, including the economic regulatory aspects of domestic and international aviation, the Department’s engagement in international transportation and trade, and a range of other international cooperation and facilitation issues.
The Bipartisan Infrastructure Law or BIL, makes historic investments in our nation’s infrastructure and competitiveness, with meaningful benefits for travel and tourism infrastructure across all 50 states, U.S. territories, and tribal communities. Across the country, we have already begun improvement on 3,700 bridges and almost 70,000 miles of roads and highways; and we have funded over 1,000 zero-emission buses and awarded over $233 million in grants to improve and modernize vital intercity passenger rail service across the country. The FAA has also announced nearly $2 billion in BIL funding that will go to 175 airports across the country to improve terminals of all sizes, expand capacity, and provide greater accessibility.
Fortunately, travel and tourism are on a path to recovery. Memorial Day weekend saw the highest volume of air passenger travel since any time before COVID, and cancellations remained under one-percent. We are also seeing increases in highway, bus, and train travel over last year as well as a 50 percent increase in cruise bookings over 2022. We fully recognize that some segments of the U.S. travel market have already recovered from the recent pandemic, while other market segments, such as business and international inbound travel, have not yet returned to pre- pandemic levels.
I come from a small town, Altoona, Pennsylvania, whose major tourist attractions, from the railroad’s world-famous Horseshoe Curve to our beautiful mountains and rivers, form a vital part of the warp and weft of our local economy. I have had the good fortune to spend magical time in National Parks and spectacular settings in each of the states that are represented on this sub- committee, including a great week in Las Vegas when my brother competed in the World Barbershop Harmony Society Championships. So, I know from personal experience the importance of tourism in connecting communities and driving thriving economies. That is why I am grateful for the opportunity to play a role in implementing aspects of the BIL that will help grow tourism in the United States.
The Department is a member of the Department of Commerce-led Tourism Policy Council, charged with leading the whole of government effort to ensure that the national interest in travel and tourism is fully considered in federal decision-making. And through our participation in the Tourism Policy Council, we supported the Department of Commerce’s development of the 2022 National Travel and Tourism Strategy. I would particularly like to thank Chair Rosen for your leadership on the travel and tourism related provisions of the BIL including Section 25018 which requires the Department to update the National Travel and Tourism Infrastructure Strategic Plan.
Earlier this year, we established a department-wide Travel and Tourism Steering Committee. We also appointed the Director of the Office of International Transportation and Trade, a senior executive on my team, as DOT’s Chief Travel and Tourism Officer. Her office is working closely with the DOT Travel and Tourism Steering Committee on the drafting of the National Travel and Tourism Infrastructure Strategic Plan. On June 2, 2023, the Department also published a Request for Comment, seeking to gather input on a variety of matters including data available to inform the Strategic Plan. Our goal is to complete the new National Travel and Tourism Infrastructure Strategic Plan as expeditiously as possible this year.
My office is also responsible for the economic side of aviation policy – both domestically and internationally. Our efforts are aimed at facilitating the substantial economic contributions that civil aviation makes to the US economy, including for tourism.
Domestically, the Essential Air Service Program and Small Community Air Service Development Program help connect smaller and rural communities in the United States to the national air transportation system, ensuring residents can pursue business and tourism opportunities through their hub airport or airports, have access to medical care and educational opportunities, and visit family and friends.
Internationally, my office is the primary arm within the Department of Transportation for the development of international aviation policy and implementation of the U.S. Open Skies policy in order to promote competition and create options for travelers, airlines, working people, and shippers while advancing strong labor standards here and abroad. We have over 130 Open Skies partners around the word and, in the last few months, have added Mongolia, Angola and Moldova to that number.
The Department of Transportation looks forward to continuing to work with the Subcommittee to ensure that America’s travel and tourism sectors remain vibrant and valued. Thank you for the opportunity to speak with you today.
Testimony of Shailen Bhatt
Administrator of the Federal Highway Administration
U.S. Department of Transportation
Before the Senate Committee on Environment and Public Works
June 14, 2023
Chairman Carper, Ranking Member Capito, and Members of the Committee, thank you for the opportunity to appear before you today to discuss implementation of the Infrastructure Investment and Jobs Act, otherwise known as the Bipartisan Infrastructure Law, and the Inflation Reduction Act.
The Bipartisan Infrastructure Law represents a once-in-a-generation investment in our Nation’s infrastructure, competitiveness, communities, and resilience to climate change, and the Inflation Reduction Act provides historic investments and new opportunities to build a clean energy economy that creates good jobs and lowers costs for working families. The FHWA is working tirelessly to implement these laws so that we can deliver on the promise of these historic investments. Safety is the FHWA’s number-one priority, and it underpins all of the work we do as we implement the Bipartisan Infrastructure Law and the Inflation Reduction Act. I have always said that a transportation agency exists for two reasons: to save lives and to make people’s lives better. The National Highway Traffic Safety Administration estimates that 42,795 people died in motor vehicle traffic crashes in 2022. Almost 95 percent of people who die using our Nation’s transportation networks are killed on our streets, roads, and highways. The Bipartisan Infrastructure Law provides resources to change this paradigm, and we are working to make these resources available to recipients as quickly as possible. At the FHWA, our mission is to deliver a world-class transportation system that advances safe, efficient, equitable, and sustainable mobility choices for all while strengthening our Nation’s economy. Our mission begins and ends with safety. The FHWA is actively implementing the U.S. Department of Transportation’s (DOT) National Roadway Safety Strategy and is committed to applying the Safe System Approach to reach our goal of zero roadway deaths and serious injuries. In addition to our commitment to safety, our work is guided by an initiative we refer to as “DRIVEN for the 21st Century.” There are six aspects to this initiative: Delivery, Resilience, Innovation, Values, Equity, and our Nation. This initiative will help the FHWA accomplish the U.S. DOT’s goal of delivering results and our work across the U.S. DOT’s three major areas of effort: building good things well; running our operations well in the agency; and protecting the safety and wellbeing of everyone who interacts with our transportation system. Each of the six aspects of the DRIVEN initiative guide our efforts to implement the many programs and funding opportunities authorized by the Bipartisan Infrastructure Law and the Inflation Reduction Act.
DELIVERY
Delivery is the first aspect of DRIVEN, and it was inspired by Secretary Buttigieg, who noted that U.S. DOT’s focus for 2023 is prioritizing delivery of results. Thanks to the Bipartisan Infrastructure Law and the Inflation Reduction Act, we have the funding necessary to make major improvements in our transportation system. The FHWA has been working diligently to implement this historic legislation, and we have taken numerous actions that will support implementation of projects that improve safety and people’s lives.
Since the enactment of the Bipartisan Infrastructure Law, we have distributed more than $120 billion in highway formula funding to States, including funding for bridges, electric vehicles, and to make our infrastructure more resilient to climate change. This funding includes money for programs like the Highway Safety Improvement Program, which is designed to achieve a significant reduction in traffic fatalities and serious injuries for all road users on all public roads, including non-State-owned roads and roads on Tribal lands. These Highway Safety Improvement Program funds supported more than 5,300 projects. HSIP funds improved 4,515 intersections and 69,075 miles of roadway. The FHWA has issued Notices of Funding Opportunity (NOFOs) for approximately $4.6 billion in available funds under ten Bipartisan Infrastructure Law discretionary grant programs and we are administering nearly 900 awards (grants and cooperative agreements) totaling approximately $7.5 billion across 9 discretionary programs, including the Office of the Secretary’s Safe Streets and Roads for All (SS4A) Grant Program and the Bridge Investment Program. The SS4A Grant Program provides funding to develop the tools to help strengthen a community’s approach to roadway safety and save lives.
Diverse local, Tribal, and regional communities that differ dramatically in size and location will have greater access to Federal funds to improve road safety while helping to meet equity and climate challenges. Funding for the Tribal Transportation Program Safety Fund more than doubled in the Bipartisan Infrastructure Law. In February 2023, the FHWA announced the award of approximately $21 million in FY 2022 Tribal Transportation Program Safety Fund funds to 70 Tribes for 93 projects that improve safety on Tribal lands. In April 2023, the FHWA issued a NOFO making up to $111.85 million from FY 2022 and 2023 funding available for the Wildlife Crossings Pilot Program. The primary goals of this program are to save lives, prevent serious injuries, protect motorists and wildlife by reducing wildlife-vehicle collisions, and improve habitat connectivity for terrestrial and aquatic species.
These are more than just numbers. These dollars mean projects that will improve both safety and people’s lives. The resources provided under the Bipartisan Infrastructure Law have already resulted in numerous projects receiving funding throughout the country. For example, in Delaware, a $6 million FY 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) planning grant will fund the design of Route 9 through New Castle. The plan is to convert this arterial through a disadvantaged community using Complete Streets concepts. In West Virginia, $1,887,240 in FY 2022 Safe Streets and Roads for All (SS4A) Action Plan Grants will assist rural and urban communities like Bluefield, Charleston, and Clarksburg among others across the State in improving roadway safety planning.
The FHWA is committed to helping deliver these projects faster. In April, as part of these efforts, we announced a Request for Information seeking suggestions from the public on how to best facilitate the FHWA’s implementation of Section 60505 of the Inflation Reduction Act: Environmental Review Implementation Funds. Under this $100 million program, the FHWA can provide funds to eligible entities to support environmental reviews of surface transportation projects. The FHWA may also use the funds to develop guidance, technical assistance, templates, training, or other tools to facilitate an efficient and effective environmental review process for surface transportation projects.
FHWA has long been a leader in accelerating the environmental review and permitting processes, and the Bipartisan Infrastructure Law offers more authorities to improve those processes that will advance surface transportation infrastructure and recognize benefits sooner. FHWA has taken numerous actions to accelerate the environmental review process. For example, U.S. DOT, in coordination with FHWA, completed a review of FHWA’s categorical exclusions (CEs) and provided interagency partners with a list of four CEs and accompanying substantiation materials for their consideration. FHWA, the Federal Railroad Administration (FRA), and the Federal Transit Administration (FTA) also issued joint questions and answers, providing guidance regarding the changes the Bipartisan Infrastructure Law made in 23 U.S.C. 139 and 23 U.S.C. 138.
The success of the Bipartisan Infrastructure Law and Inflation Reduction Act programs depend, in part, on streamlined delivery of funding to recipients. To be responsive to the significant changes and opportunities afforded by these laws, the FHWA stood up a new, permanent team to oversee internal crosscutting grants-management matters that affect tracking, training, outreach, and more; we also implemented process reforms across our suite of Federal grant programs. We continue to refine our management of these programs to increase efficiency and transparency, thereby benefitting the Nation via the delivery of new projects.
The FHWA also recognizes that some of the most successful projects we have seen over the past few years have a focus on multimodalism, including sidewalks, bicycle facilities, multiuse trails, Complete Streets planning, and complete multimodal networks and connections. Multimodalism is an important element of a safer system because transportation safety is all-encompassing and includes all road users. The Bipartisan Infrastructure Law provides opportunities to improve safety for both those inside and outside of a vehicle. As we implement these programs, we need to address the national roadway fatality crisis by putting safety first for all road users.
The FHWA has taken numerous actions to improve safety for all road users, including recently releasing new guidance to support bicycle, pedestrian, and micromobility projects. In addition to describing the range of opportunities available under the Bipartisan Infrastructure Law to improve conditions for bicycling, walking, and shared micromobility, this guidance provides information on many pedestrian and bicycle funding opportunities and planning and design resources that State and local agencies can use to address safety and connectivity among multiple modes of travel.
The Bipartisan Infrastructure Law includes provisions that encourage State, Tribal, and local governments to develop Complete Streets standards or policies, as well as plans to prioritize Complete Streets projects. A Complete Street is safe—and feels safe—for all users. In January, the FHWA announced a Complete Streets Waiver: the FHWA will use a waiver of non-Federal match for certain funds that are used for Complete Streets planning activities. This waiver will help accelerate Complete Streets-related activities that can improve safety.
The FHWA has a longstanding practice of engaging with our stakeholders across the country, but we have placed an even greater emphasis on these efforts since the passage of the Bipartisan Infrastructure Law. From enactment of the Bipartisan Infrastructure Law through May 2023, the FHWA has participated in, led, and facilitated more than 1,000 engagements with interested stakeholders, including cities, counties, special-interest groups, Tribes, and other interested parties. The Bipartisan Infrastructure Law creates more opportunities for local governments and other non-traditional entities to access funding, and the FHWA is working to support these nontraditional stakeholders as they build the capacity to take advantage of these opportunities.
We also recently published a primer, Federal Highway Administration: An Overview for our Stakeholders, which is designed to provide stakeholders with an introduction to the FHWA and our work.
With so many new programs and opportunities under the Bipartisan Infrastructure Law and the Inflation Reduction Act, the FHWA understands that our stakeholders may need technical assistance as we work to implement this once-in-a-generation opportunity to tackle the most pressing challenges of our time and ready our transportation system for the future. The FHWA has a longstanding history of providing technical assistance, and is committed to supporting our stakeholders at the State, Tribal, and local levels. In order to support stakeholders as we work together to improve our transportation system, the FHWA published a customer-friendly, public- facing, “one-stop shop” Bipartisan Infrastructure Law Implementation Website that contains useful information for stakeholders, including program guidance and fact sheets. The FHWA plans to launch a similar website for Inflation Reduction Act implementation soon.
The FHWA continues to provide technical assistance through Federal-aid and Federal-lands division offices. The FHWA has specific efforts in place to provide training and technical assistance for local and rural road agencies through the Local Technical Assistance Program (LTAP), and for Tribal communities through seven new Tribal Technical Assistance Program (TTAP) centers. Through the LTAP and TTAP programs, we delivered more than 6,000 trainings to more than 156,000 participants in FY 2022. To support potential applicants for the many funding opportunities available, the FHWA is hosting informational webinars for newly published NOFOs to help potential applicants gather additional information and ask specific questions about the funding opportunities. The FHWA is also hosting informational webinars geared towards nontraditional recipients, such as Tribes, to provide customized support for newly eligible entities.
The FHWA will continue to engage with our stakeholders as we work together to deliver transformational investments in infrastructure.
RESILIENCE
Resilience is an important part of building a modern transportation system, as it will help us keep our infrastructure strong and fulfill our most important duty: getting people where they need to go—and getting them there safely. The transportation sector is responsible for more greenhouse gas (GHG) emissions than any other sector of our economy, and thus transportation must be part of the solution to tackling the climate crisis. The Bipartisan Infrastructure Law is notably the first infrastructure law in U.S. history that has a section dedicated to the climate; it also offers new tools to make our infrastructure more resilient and to reduce GHG emissions from America’s transportation network.
The Bipartisan Infrastructure Law has several funding programs that are specifically targeted at addressing climate change, and the FHWA has already made significant progress in carrying out many of these programs. The Bipartisan Infrastructure Law establishes the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Formula program to increase the resilience of our transportation system. This is a key program that will provide $7.3 billion of formula funding to States over 5 years. The FHWA distributed fiscal year (FY) 2022 and 2023 PROTECT Formula funds to States, providing more than $2.8 billion in Federal funding.
In addition to the PROTECT Formula Program, the Bipartisan Infrastructure Law established the PROTECT Discretionary Grant Program, which supports four categories of projects: planning activities, resilience improvements, community resilience and evacuation routes, and at-risk coastal infrastructure. The Bipartisan Infrastructure Law provided $1.4 billion over 5 years for this competitive grant program. In April of this year, the FHWA published a Notice of Funding Opportunity (NOFO) for the PROTECT Discretionary Grant Program, making up to $848 million in funding for FY 2022 and 2023 available to make transportation infrastructure and service more resilient to climate change and extreme-weather events. The resources made available under the PROTECT Formula and Discretionary Grant Programs will serve the American public as we work to ensure that transportation infrastructure is ready to weather the climate crisis.
As the FHWA implements the new PROTECT programs under the Bipartisan Infrastructure Law, we remain committed to providing quick responses to meet the needs of States, local agencies, Federal Land Management Agencies, and Tribal governments when they are impacted by damages to infrastructure caused by natural disasters or catastrophic events. Under the FHWA’s Emergency Relief (ER) Program, we are providing assistance to those communities affected by recent emergencies. Last month, we announced that the FHWA will provide $749 million in ER Program funds to help 39 States, the District of Columbia, and Puerto Rico make repairs to roads and bridges damaged by storms, floods, wildfires, and other recent events.
In addition to providing unprecedented funding for electric vehicle (EV) charging, the Bipartisan Infrastructure Law includes more than $6.4 billion for a new formula Carbon Reduction Program specifically designed to reduce transportation-related emissions. The FHWA distributed more than $2.4 billion in FY 2022 and 2023 Federal funds for this program. The Bipartisan Infrastructure Law also established the Reduction of Truck Emissions at Port Facilities Grant Program, a new discretionary grant program aimed at funding projects that reduce port-related emissions from idling trucks. The Bipartisan Infrastructure Law provided $400 million over 5 years for this program. In April, the FHWA published a NOFO for the program, making up to $160 million in FY 2022 and 2023 funding available.
Together, the provisions in the Bipartisan Infrastructure Law will advance progress toward the Administration’s goals of reducing greenhouse gas emissions and reaching net-zero emissions by 2050.
INNOVATION
Innovation is essential for the future of transportation infrastructure. It will help us tackle a broad range of issues, such as improving safety, increasing the resilience of our transportation infrastructure, and finding new ways to combat the climate crisis. The FHWA’s Turner- Fairbank Highway Research Center coordinates and conducts an ambitious program of transportation research, developing technologies and innovations for highway use. The increased research funding levels provided in the Bipartisan Infrastructure Law support further innovation through the FHWA’s Research Program, which will produce the next generation of transportation innovations. FHWA research funding also supports the Department’s University Transportation Centers (UTC) Program for which Secretary Buttigieg announced new five- year grants in February 2023. The UTC Program continues to be a valuable source of research and technology innovation, and of the future workforce of transportation.
Electric vehicles (EVs) are an excellent example of a new technology that has the potential to transform both our transportation landscape and our world, helping us to combat the climate crisis, create good-paying jobs, support sustainability, and work towards a more equitable transportation system. Electrification is also a global economic-leadership objective, and the Bipartisan Infrastructure Law makes the most transformative investment in EV charging in U.S. history.
The Bipartisan Infrastructure Law provides $7.5 billion in Federal funding for the construction of publicly accessible EV chargers and alternative fueling infrastructure. The EV charging provisions in the Bipartisan Infrastructure Law will help us tackle the climate crisis and put us on a path to create a nationwide network of at least 500,000 public EV chargers by 2030. This will help ensure a convenient, affordable, reliable, and equitable charging experience for all users.
The National Electric Vehicle Infrastructure (NEVI) Formula Program will help States create a network of high-speed EV charging stations along designated Alternative Fuel Corridors, particularly along the Interstate Highway System. The FHWA distributed $1.5 billion in FY 2022 and 2023 Federal funding for the NEVI Formula Program. In September 2022, the FHWA approved the first round of State plans under the program. We also published our Build America, Buy America implementation plan to ensure that our national charging network is Made in America, as well as minimum standards and requirements for EV charging infrastructure, ensuring safety and reliability. These standards include strong labor supports, such as requiring that all electrical work performed for federally funded chargers be performed by technicians who are certified through the Electric Vehicle Infrastructure Training Program or other appropriate registered apprenticeship program. And earlier this month we released updated NEVI Formula Program guidance and accompanying questions and answers. FHWA is working with the Joint Office of Energy and Transportation to have regular touchpoints with NEVI contacts in all 50 states plus the District of Columbia and Puerto Rico, and to provide technical assistance as needed. States now have the tools they need to implement this program.
The Bipartisan Infrastructure Law also established the Charging and Fueling Infrastructure Discretionary Grant Program, which provides $2.5 billion over 5 years to strategically deploy publicly accessible EV charging and fueling infrastructure, including through corridor and community grants. In March, the FHWA published a notice of funding opportunity for the program that made up to $700 million in FY 2022 and 2023 funding available to strategically deploy EV charging and other alternative fueling infrastructure projects in publicly accessible locations in urban and rural communities, as well as along designated Alternative Fuel Corridors. The Charging and Fueling Infrastructure program will facilitate broad public access to a national charging and alternative fuel infrastructure network while advancing job quality, workforce development, and workforce equity.
Innovation will help us tackle the climate crisis. The Every Day Counts (EDC) Program is a State-based model that identifies and rapidly deploys proven but underutilized innovations that make our transportation system adaptable, sustainable, equitable, and safer for all. The seventh round of the EDC Program (EDC-7) supports two innovations that are specifically aimed at climate-change concerns: (1) Integrating GHG Assessment and Reduction Targets in Transportation Planning, and (2) Environmental Product Declarations (EPDs) for Sustainable Project Delivery. The FHWA will leverage EPDs for Sustainable Project Delivery and the FHWA Climate Challenge “Quantifying Emissions of Sustainable Pavements” to provide education and technical assistance regarding implementing the quantification of low-carbon materials under the Inflation Reduction Act’s Low Carbon Transportation Materials Grants Program. The FHWA is working expeditiously to establish this new $2 billion program.
Innovation is also a key tool to improving safety, as new technologies have the potential to save and change lives. EDC-7 includes two important safety initiatives: (1) Nighttime Visibility for Safety, which promotes traffic control devices and properly designed lighting to improve safety for all users, and (2) Next-Generation Traffic Incident Management, which promotes emerging technologies such as emergency vehicle lighting and queue warning solutions.
In May, the FHWA announced more than $52 million in grants for eight States from the Advanced Transportation Technology and Innovation (ATTAIN) Program. The ATTAIN Program promotes advanced technologies to improve safety and reduce travel times for drivers and transit riders that can serve as national examples of innovation to improve access to transportation for all communities. The FHWA supported evaluation of the first round of Strengthening Mobility and Revolutionizing Transportation (SMART) Grants, announced in March 2023, funding $94 million in grants across 33 States for 59 projects. SMART Grants allow public sector agencies to conduct demonstration projects focused on advanced smart community technologies and systems. The FHWA’s Intelligent Transportation Systems Joint Program Office launched the Smart Community Resource Center to connect States, Tribal governments, and local communities with resources that can be used to develop intelligent transportation systems and smart community transportation programs.
Innovation will allow us to integrate other modes of transportation into our roadway system, supporting not only private and commercial vehicles, but also pedestrians, cyclists, transit users, and people who use mobility-on-demand technologies. While we have engineered increased safety into our infrastructure and vehicles, it is critical that we harness technology to help realize our goal of zero fatalities on U.S. roads.
VALUES
The FHWA serves the American public, and we are focused on ensuring that we are equipped to provide important program coordination and support as the FHWA implements the numerous programs authorized under the Bipartisan Infrastructure Law and the Inflation Reduction Act.
Since the enactment of the Bipartisan Infrastructure Law, the FHWA has received approval to hire 248 new positions based on the results of an agency-wide assessment. Hiring for these positions has been underway since FY 2022, and these positions will provide support for FHWA headquarters, program, and field offices. To date, the FHWA has surpassed FY 2022 and 2023 Bipartisan Infrastructure Law hiring goals. Through May of this year, the FHWA hired 103 Bipartisan Infrastructure Law-funded positions, surpassing the goal of 100 hires by the end of this fiscal year.
FHWA employees have worked tirelessly and faithfully to implement the Bipartisan Infrastructure Law and the Inflation Reduction Act. While that service is evidenced by the quality of the U.S. transportation system—of which we are stewards—we are also responsible for the members of our agency. The FHWA is committed to all of our core organizational values: Public Service, Integrity, Family and Work/Life Balance, Respect, Personal Development, Diversity, and Collaboration. The FHWA is a leader within the Federal Government when it comes to mental-health awareness, supporting staff with a variety of initiatives aimed at increasing overall employee wellbeing. For example, the FHWA offers quarterly wellness webinars that provide a variety of self-help tools and resources for staff to better care for themselves and those around them. Additionally, the FHWA provides in-depth training opportunities for its employees and offers further resources, tools, and strategies for managing individual wellness.
The FHWA is committed to caring for our staff and creating a workplace where they feel physically and psychologically safe, which empowers them to create a safer transportation system for our Nation.
EQUITY
Equity is one of the FHWA’s primary values and drives every one of our programs, projects, and initiatives. We have the ability to reduce inequities in and around our transportation system by expanding affordable access to transportation and related jobs, removing barriers that might prevent individuals or communities from accessing transportation, encouraging wealth creation, empowering communities, and ensuring that equity considerations for disadvantaged and underserved communities are integrated into the planning, development, and implementation of all transportation investments. Transportation should be done with people, not to them. The FHWA understands that we should ensure that we are listening to communities and taking their needs and desires into account.
The burdens of our transportation network, including traffic fatalities, air pollution, and absence of connected networks, are disproportionately borne by underserved populations as a result of historic disinvestment and exclusion from transportation decision-making processes. Through the Complete Streets Implementation Strategy, the FHWA is supporting the planning, implementation, and evaluation of equitable streets and networks that prioritize safety, comfort, and connectivity for all people who use the street network. Implementing Complete Streets equitably includes identifying underserved communities, recognizing their varying transportation needs, and prioritizing the creation of safe, connected networks. In addition to being an Equity Strategy, Complete Streets is a Safety Strategy. By recognizing that streets and networks should prioritize the needs of all users, not only vehicle throughput, Complete Streets prioritize safety for all users at every part of the transportation process. Complete Streets is also a Climate Strategy, as Complete Streets Implementation will help to routinely provide the safe infrastructure that is fundamental to encouraging more use of low and zero carbon modes.
The Bipartisan Infrastructure Law includes grant programs specifically intended to address equity issues, such as the Reconnecting Communities Pilot Program, a first-of-its-kind effort to reconnect communities that are cut off from opportunities and burdened by past transportation-infrastructure decisions. Earlier this year, the Department announced a historic $185 million in grant awards for 45 projects under this program. These awards will fund construction and planning for transformative community-led solutions, including capping Interstates with parks, filling in sunken highways to reclaim the land for housing, converting inhospitable transportation facilities to tree-lined Complete Streets, and creating new crossings through public transportation, bridges, tunnels, and trails. The FHWA is funding or administering projects that reconnect communities through many of our grant programs, not just the Reconnecting Communities Program, and many FHWA-administered grant programs include equity considerations as part of their qualifying or selection criteria. In addition, the FHWA provides tools to grant applicants to assist them in addressing equity in their grant submittals.
The Inflation Reduction Act established a new Neighborhood Access and Equity Grant Program that will support neighborhood equity, safety, and affordable transportation access through competitive grants. The Inflation Reduction Act provided more than $3.2 billion for this program. A NOFO for this program is expected to be released this summer.
The historic investments in our infrastructure under the Bipartisan Infrastructure Law and the Inflation Reduction Act will not only benefit those who use transportation infrastructure, but will also extend to those who find well-paid work rebuilding their communities. As part of this year’s Every Day Counts Program, the FHWA chose an equity-based innovation to improve the participation of Disadvantaged Business Enterprises on design-build contracting, a procurement practice often used on the United States’ largest and highest-profile projects.
The FHWA also recently announced new resources under the Bipartisan Infrastructure Law that will create economic opportunities and open the door to wealth creation for disadvantaged entrepreneurs and workers in communities across the country. These include new guidance to support State investments in workforce development, training, and education, as well as $10 million in Disadvantaged Business Enterprise Supportive Services Funding to support small businesses owned by minorities, women, and other socially and economically disadvantaged individuals.
Extending benefits to community members when constructing projects helps create wealth while making our roads safer. The Bipartisan Infrastructure Law and the Inflation Reduction Act provide an opportunity to create transformation through transportation.
NATION
Every aspect of the FHWA’s work is driven by the people and the Nation we serve. There are no democratic roads or republican bridges—transportation binds us all together, which is why we must work with each other to support the common good. Roads should be accessible and equitable for all users, not just people in cars, people who do not use mobility aids, or people from wealthy neighborhoods. Our country emerged triumphant in the 20th Century due in no small part to our investment in our world-class transportation system. As we embark upon the largest-ever investment in that system, it is important to remember that if the United States is to continue to be a dominant world power throughout the 21st Century, we must once again make our transportation system the envy of the world. That means we must create a system that delivers for our economy and all of our people, including workers and communities, while getting individuals and goods safely to their destinations. A transportation system that literally unites us as Americans.
In addition to getting people where they need to go, our transportation system must also accommodate freight vehicles and the military. It is essential that we ensure the infrastructure that supported our success in the 20th Century remains an asset. The world sees our infrastructure as a symbol of our strength, and the N in DRIVEN reminds us that we must continue to support the Strategic Highway Network (STRAHNET), which is critical to the Department of Defense’s domestic operations.
The FHWA is working to update and expand our transportation system so that it can continue to support all road users, including freight trucks. For example, the FHWA announced four Bridge Investment Program Large Bridge Grant Awards in January 2023. These awards will retrofit California’s Golden Gate Bridge; repair the Gold Star Memorial Bridge in Connecticut, which supported 5 million tons of freight in 2014 alone; rehabilitate four bascule bridges in Illinois, helping them to accommodate multimodal transportation and ensure communities on either side of the river remain connected while allowing barges and ships to continue to use the river; and support the Brent-Spence Bridge in Kentucky and Ohio, which transports 3 percent of the Nation’s GDP per year. These investments are part of President Biden’s broader Investing in America strategy, which is bringing economic opportunity, jobs, and investments across America. Since the President took office, private companies have announced over $470 billion in private sector manufacturing investments, and over the last 18 months, the Administration has awarded over $220 billion in funding from the Bipartisan Infrastructure Law aimed at repairing roads and bridges, delivering clean water, deploying high-speed internet, and building out clean energy transportation infrastructure.
The FHWA is committed to working collaboratively with States, cities, local governments, Tribes, and others to make the most of the once-in-a-generation opportunity provided by the Bipartisan Infrastructure Law and the Inflation Reduction Act to invest in the future of our transportation system. Such investments will have a positive impact for generations to come.
CONCLUSION
As I noted earlier, U.S. DOT’s focus for 2023 is prioritizing delivery of results. The DRIVEN initiative will help to guide our efforts across U.S. DOT’s three major areas of effort: building good things well; running our operations well in the agency; and protecting the safety and wellbeing of everyone who interacts with our transportation system, as we implement the many programs and funding opportunities created by the Bipartisan Infrastructure Law and the Inflation Reduction Act. DRIVEN will allow us to deliver results for both the U.S. transportation system and Americans as a whole.
Thank you again for giving me an opportunity to appear before you today. I look forward to continuing to work with every Member of this Committee to deliver on the promise of the Bipartisan Infrastructure Law and the Inflation Reduction Act for the American people. I would be happy to answer any questions you may have.
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