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S. HRG. 115–32 

NOMINATION OF HON. ELAINE L. CHAO, 

TO BE SECRETARY OF THE 

DEPARTMENT OF TRANSPORTATION 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

JANUARY 11, 2017 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

DAN SULLIVAN, Alaska 

DEAN HELLER, Nevada 

JAMES INHOFE, Oklahoma 

MIKE LEE, Utah 

RON JOHNSON, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia 

CORY GARDNER, Colorado 

TODD YOUNG, Indiana 

BILL NELSON, Florida, Ranking 

MARIA CANTWELL, Washington 

AMY KLOBUCHAR, Minnesota 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

EDWARD MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

TOM UDALL, New Mexico 

GARY PETERS, Michigan 

TAMMY BALDWIN, Wisconsin 

TAMMY DUCKWORTH, Illinois 

MAGGIE HASSAN, New Hampshire 

CATHERINE CORTEZ MASTO, Nevada 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRIS DAY, Democratic Deputy Staff Director 

RENAE BLACK, Senior Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on January 11, 2017 ......................................................................... 1 

Statement of Senator Thune ................................................................................... 1 

Letter dated January 5, 2017 from Michael Sacco, President, Seafarers 

International Union of North America ........................................................ 25 

Letter dated January 6, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer, and Hon. Bill Nelson from Gabriel 

M. Ojeda, President, Fritz-Pak Corporation ............................................... 26 

Letter dated January 6, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Kerri 

Leininger, Senior Vice President of Government and Political Affairs, 

National Ready Mixed Concrete Association (NRMCA) ............................ 27 

Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill Nelson 

from Michael W. Johnson, President and CEO, National Stone, Sand 

& Gravel Association (NSSGA) .................................................................... 28 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Earl Losier, 

President, Preferred Materials, Inc. ............................................................ 29 

Letter dated January 9, 2017 to Hon. John Thune from Mufi 

Hannemann, President and CEO, Hawaii Lodging and Tourism Association, former Mayor of Honolulu .............................................................. 30 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Highway 

Materials Group ............................................................................................ 31 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Thomas 

A. Chizmadia, Senior Vice President, Government Affairs, Public Relations and Sustainability, Lehigh Hanson, Inc. ........................................... 32 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from North American Concrete Alliance .................................................................................. 33 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Ty Gable, 

President, National Precast Concrete Association ..................................... 34 

Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill Nelson 

from A. Todd Johnston, Executive Vice President, Portland Cement 

Association (PCA) .......................................................................................... 35 

Letter dated January 9, 2017 to Hon. John Thune from David P. Storch, 

Chairman, President and Chief Executive Officer, AAR Corp. ................. 36 

Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill Nelson 

from Paul R. Brubaker, President and CEO, Alliance for Transportation Innovation (ATI21) ............................................................................ 37 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Melanie 

O’Regan, Vice President/General Manager, Washington Materials Division, CalPortland Company ......................................................................... 38 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from John P. 

Carew, President, Carew Concrete & Supply Co., Inc. .............................. 39 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from John W. 

(Jack) Finger, P.E., President/CEO, Sioux Corporation ............................ 40 

Letter dated January 9, 2017 to Hon. Mitch McConnell, Hon. John 

Thune, Hon. Charles Schumer and Hon. Bill Nelson from Jim Spurlino, 

President, Spurlino Materials ...................................................................... 41 

Page

IV 

Statement of Senator Thune—Continued 

Letter dated January 9, 2017 to Hon. John Thune and Hon. Bill Nelson 

from James L. Henry, Chairman and President, Transportation Institute ................................................................................................................. 42 

Letter dated January 10, 2017 to Sen. John Thune and Sen. Bill Nelson 

from David Owen, President, National Association of Small Trucking 

Companies (NASTC) ..................................................................................... 43 

Letter dated January 10, 2017 to Hon. John Thune and Hon. Bill Nelson 

from Harold A. Schaitberger, General President, International Association of Fire Fighters ...................................................................................... 44 

Letter dated January 10, 2017 to Hon. John Thune and Hon. Bill Nelson 

from Anthony Green, Director, Public Policy, Safe Kids ........................... 45 

Letter dated January 10, 2017 from Diane Woodend Jones, Chair, Women’s Transportation Seminar (WTS) ............................................................ 47 

Letter dated January 11, 2017 to Hon. John Thune and Hon. Bill Nelson 

from John M. Grau, Chief Executive Officer, National Electrical Contractors Association (NECA) ........................................................................ 48 

Letter dated January 11, 2017 to Hon. John Thune and Hon. Bill Nelson 

from David French, Senior Vice President, Government Relations, National Retail Federation (NRF) .................................................................... 49 

Letter dated January 12, 2017 to Hon. John Thune and Hon. Bill Nelson 

from Marc Rotenberg, President; Caitriona Fitzgerald, Policy Director; 

and Kimberly Miller, Policy Fellow, Electronic Privacy Information 

Center (EPIC) ................................................................................................ 50 

Letter dated January 23, 2017 to Hon. John Thune, Hon. Bill Nelson, 

Hon. John Barrasso and Hon. Tom Carper from Chris Jahn, President, 

The Fertilizer Institute (TFI) ....................................................................... 53 

Statement of Senator Nelson .................................................................................. 3 

Statement of Senator Wicker .................................................................................. 56 

Statement of Senator Cantwell .............................................................................. 58 

Statement of Senator Blunt .................................................................................... 60 

Statement of Senator Klobuchar ............................................................................ 61 

Statement of Senator Fischer ................................................................................. 63 

Statement of Senator Moran .................................................................................. 64 

Statement of Senator Blumenthal .......................................................................... 67 

Statement of Senator Schatz .................................................................................. 68 

Statement of Senator Sullivan ............................................................................... 70 

Statement of Senator Peters ................................................................................... 72 

Statement of Senator Inhofe ................................................................................... 74 

Article, dated January 1, 2009 from Occupational Health & Safety entitled, ‘‘What is Elaine Chao’s Legacy?’’ ........................................................ 75 

Statement of Senator Baldwin ................................................................................ 78 

Statement of Senator Duckworth ........................................................................... 80 

Statement of Senator Capito .................................................................................. 81 

Statement of Senator Hassan ................................................................................. 83 

Statement of Senator Gardner ............................................................................... 85 

Statement of Senator Lee ....................................................................................... 87 

Statement of Senator Cortez Masto ....................................................................... 89 

Statement of Senator Young ................................................................................... 91 

Statement of Senator Booker .................................................................................. 92 

Statement of Senator Heller ................................................................................... 94 

Statement of Senator Udall .................................................................................... 96 

Statement of Senator Markey ................................................................................. 98 

Statement of Senator Cruz ..................................................................................... 99 

WITNESSES

Hon. Mitch McConnell, U.S. Senator from Kentucky ........................................... 4 

Hon. Rand Paul, U.S. Senator from Kentucky ...................................................... 5 

Hon. Elaine L. Chao, to be Secretary of the Department of Transportation ...... 6 

Prepared statement .......................................................................................... 8 

Biographical information ................................................................................. 10 

Page

V 

APPENDIX

Response to written questions submitted to Hon. Elaine L. Chao by: 

Hon. John Thune .............................................................................................. 105 

Hon. Roger F. Wicker ....................................................................................... 106 

Hon. Jerry Moran ............................................................................................. 107 

Hon. Dan Sullivan ............................................................................................ 108 

Hon. Dean Heller .............................................................................................. 108 

Hon. Bill Nelson ............................................................................................... 109 

Hon. Maria Cantwell ........................................................................................ 111 

Hon. Amy Klobuchar ........................................................................................ 115 

Hon. Richard Blumenthal ................................................................................ 116 

Hon. Richard Blumenthal and Hon. Edward Markey ................................... 121 

Hon. Brian Schatz ............................................................................................ 124 

Hon. Edward Markey ....................................................................................... 125 

Hon. Cory Booker ............................................................................................. 128 

Hon. Tom Udall ................................................................................................ 133 

Hon. Gary Peters .............................................................................................. 139 

Hon. Tammy Baldwin ...................................................................................... 141 

Hon. Tammy Duckworth .................................................................................. 142 

(1) 

NOMINATION OF HON. ELAINE L. CHAO, 

TO BE SECRETARY OF THE 

DEPARTMENT OF TRANSPORTATION 

WEDNESDAY, JANUARY 11, 2017 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:20 a.m. in room 

SD–G50, Dirksen Senate Office Building, Hon. John Thune, presiding. 

Present: Senators Thune [presiding], Nelson, Wicker, Blunt, 

Cruz, Fischer, Moran, Sullivan, Heller, Inhofe, Lee, Capito, Gardner, Young, Cantwell, Klobuchar, Blumenthal, Schatz, Markey, 

Booker, Udall, Peters, Baldwin, Duckworth, Hassan, and Cortez 

Masto. 

OPENING STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

The CHAIRMAN. Good morning, everyone. I want to welcome everyone to this Commerce Committee’s first hearing of the 115th 

Congress, especially our new Members, Senators Inhofe, Lee, 

Capito, Young, Baldwin, Duckworth, Hassan, and Cortez Masto. In 

addition to growing in size, the Committee now has the proud distinction of being the Senate committee with the most women Members ever, at eight. 

[Applause.] 

The CHAIRMAN. I also want to thank all of our returning Members, especially Ranking Member Nelson, for their hard work last 

Congress. Together, we were able to enact over 60 measures in the 

114th Congress. I am anticipating another full agenda this Congress, and I am confident that we’ll be equally successful. 

Today we’ll consider the nomination of Secretary Elaine Chao to 

be the 18th Secretary of Transportation. The agency that Secretary 

Chao has been nominated to lead plays a vital role in facilitating 

and promoting the safe and efficient movement of goods and people 

throughout our country and the world. 

The Department contains 10 component agencies, employs over 57,000 full-time employees, and has an operating budget of $75 billion. According to the Bureau of Labor Statistics, the transportation sector employs over 12 million people nationwide and contributes nearly $1.4 trillion to the Nation’s economy, or 8.6 percent 

of the U.S. Gross Domestic Product. 

2 

In my home state of South Dakota, this translates into approximately 10,000 jobs. But these numbers only begin to tell the story 

because so much of our economy is dependent upon a thriving 

transportation sector. For example, without a robust and efficient 

transportation sector, rural states like mine would be unable to get 

their goods to market. Increasing the capacity and efficiency of our 

Nation’s highways, rail lines, pipelines, and ports is crucial, and 

will have to be a top priority for the next Secretary of Transportation. 

Another top priority for the next Secretary of Transportation 

must be safety. While our Nation’s pipelines, railroads, airways, 

and highways have a strong record of safety, improvements can 

and should be made. Of course, it will be important to avoid onesize-fits-all solutions on safety. Instead, the Department must offer 

a range of tools to combat unique safety challenges, as South Dakota has done with its innovative 24/7 sobriety program to combat 

impaired driving. 

Many of the strong safety improvements this Committee advanced as part of the FAST Act and PIPES Act last Congress are 

yet to be implemented, and we will expect our next Secretary of 

Transportation to work with us to ensure speedy implementation. 

We will also have the opportunity to collaborate on safety improvements when we revisit the authorization of the Federal Aviation 

Administration later this year. 

The next Secretary of Transportation will also have a unique opportunity to show Federal leadership in the advancement of transportation innovation. V2V technology, autonomous vehicles, and 

unmanned aircraft systems, to name a few, have great promise to 

increase safety, improve efficiency, and spur economic growth. 

But, like all new technologies, these must be properly integrated 

into our current networks in a way that maximizes their benefits 

without compromising the performance of the current systems. 

Secretary Chao, if confirmed, you will have a momentous opportunity to transform Americans’ transportation network by promoting safety and innovation, growing our Nation’s freight network, and ensuring all users, both urban and rural, benefit equally. 

To my colleagues, I would say that if you were to imagine an 

ideal candidate to tackle these challenges, it would be hard to come 

up with a more qualified nominee than the one before us today. In 

addition to serving for 8 years as the U.S. Secretary of Labor, Secretary Chao has also served as the Deputy Secretary of the Department she has how been tapped to lead. Her extensive experience 

also includes leading the United Way of America, the Peace Corps, 

and the Federal Maritime Commission. 

Secretary Chao, you have consistently proven your willingness to 

roll up your sleeves and address the challenges facing our Nation. 

I would like to thank you for testifying today and for your willingness to continue your record of service to the country. 

I will now turn to Ranking Member Nelson for any opening remarks, and then before Secretary Chao’s opening statement, she is 

going to be introduced by her husband, Senator McConnell, our 

Majority Leader in the United States Senate, and the other Member of the Kentucky delegation, Senator Paul. 

The Chair recognizes Senator Nelson. 

3 

STATEMENT OF HON. BILL NELSON, 

U.S. SENATOR FROM FLORIDA 

Senator NELSON. Thank you, Mr. Chairman. 

As we start out, I want to take a minute to express on behalf of 

the Committee, our condolences to the friends and loved ones of the 

victims of Friday’s horrific shooting at Fort Lauderdale’s airport. I 

want to thank the heroic work that was undertaken by the first responders and the law enforcement personnel in responding. 

Although the investigation remains ongoing, I expect all of us in 

the Congress will continue exploring ways to protect the traveling 

public in light of this tragic incident. While we’ve made some 

progress in last year’s FAA bill to double the number of the VIPR 

teams, the dog teams, and bolster the screening of airport workers, 

this tragic shooting serves as a reminder that our work to improve 

airport security remains a constant challenge. This year’s FAA reauthorization bill that we will have to take up could be a good 

place to start if more needs to be done to prevent similar tragedies 

from occurring. 

So, Mr. Chairman, we’re here today at a time when our Nation 

is at a crossroads. Many of our roads, bridges, tunnels, and rails 

are aging and desperately need to be repaired and replaced. 

Years of neglect and increased demand have brought us to the 

point that we can no longer sit by idly and watch our country’s 

most critical infrastructure continue to deteriorate. We must step 

up to this challenge, and that’s particularly pertinent to the hearing on the confirmation of Secretary Chao. 

We must commit to building the next generation of great American infrastructure or risk harming our economy and global competitiveness, risk it by failing to do so, and that means investing 

in projects that will move people and goods for decades to come, 

such as ports. 

We have a lot in Florida. They’re responsible for moving a lot of 

the goods in and out of our country; rails and highways that move 

the goods throughout our states; transit and rail projects that get 

Americans to work; airports and passenger rail projects that connect our communities; and technologies of tomorrow that will move 

people and goods more efficiently and more safely. 

These projects will also create good-paying jobs, whether it’s construction workers laying the foundation, an engineer doing the design, or the steelworker making the parts. The benefits of updating 

and expanding our transportation infrastructure can produce thunderous ripple effects, creating new developments, generating increased investments, and driving new economic opportunities. 

That’s what our country needs now and in the immediate future. 

It takes a strong commitment, however, from the Congress and the 

administration, and specifically the Department of Transportation. 

And it’s going to take a significant amount of funding. 

And so, Secretary Chao, I hope we’ll hear more from you today 

on your administration’s plan and how you intend to pay for it. 

Our Nation’s transportation challenges include more than the deteriorating bridges and roads. Safety, of course, continues to be a 

serious problem. The last two years marked a disturbing trend of 

rising fatalities on our highways, reversing a lot of progress that 

we’ve seen over the last half century. 

4 

The Department of Transportation must aggressively use all of 

its authority and resources to bring those numbers down, whether 

it’s cracking down on the drunk and distracted driving, increasing 

seatbelt use, or getting defective vehicles, such as those with the 

exploding Takata airbags, fixed immediately. 

And the Department must prepare for the future. As I speak, 

automakers are rapidly moving toward commercializing autonomous technology and self-driving cars, and the Department is going 

to have to play a very central role in ensuring that this is safe for 

the American public. 

Then, of course, there is aviation safety. It’s critical, it’s an important task, and it will be before the Committee in the FAA reauthorization bill. 

Now, Chairman Thune and I have worked hard on a bipartisan 

and comprehensive FAA reauthorization bill last year, and, as a result, 95 to 3 in the Senate. The reauthorization bill was stalled in 

the House, given a proposal there to privatize air traffic control. 

Besides the total opposition of the United States Department of 

Defense, which has 20 percent of the air traffic, besides being costly and disruptive in implementation, privatization would upset the 

partnership between the FAA and a lot of the agencies of government. 

And last, certainly not least, I hope, Madam Secretary, that we 

will get a commitment from you that you will look out for the traveling public by ensuring that they have basic consumer protections. 

This means working with us here, in the Congress, to make sure 

that airline passengers know what they’re paying for up front and 

that those costs are fair. These provisions had broad bipartisan 

support in last year’s FAA reauthorization, and we should get them 

across the finish line. 

And, Madam Secretary, just a personal note, you and my wife 

are the dearest of friends. She is one of your biggest fans. I have 

watched you as you have comported yourself in a previous administration as a Cabinet Member. It has been with grace and excellence 

that you have done so, and I certainly look forward to you in this 

new administration doing the same. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Nelson. 

It may be a first to have a Senate Leader testify in front of this 

Committee, but we’re privileged today to have Senator McConnell 

here to make a very special introduction. And so the Chair recognizes the Senate Majority Leader for a statement. 

STATEMENT OF HON. MITCH MCCONNELL, 

U.S. SENATOR FROM KENTUCKY 

Senator MCCONNELL. Chairman Thune, Senator Nelson, Members of the Committee, obviously it’s a great pleasure to be here 

today. Actually, Chairman Thune, it’s probably not the first time 

the Majority Leader has been before this Committee. I’m reminded 

of something Bob Dole said at the confirmation hearing for another 

transportation nominee, his wife, Elizabeth. We all remember Bob 

for having the best sense of humor ever of anyone who served here. 

This is how he began. He said, ‘‘I feel a little bit like Nathan Hale. 

5 

I regret that I have but one wife to give for my country’s infrastructure.’’ 

[Laughter.] 

Senator MCCONNELL. Well, that was Bob Dole for you. 

[Laughter.] 

Senator MCCONNELL. The nominee before us is extraordinarily 

well qualified, incredibly capable, and she’s got really great judgment. 

[Laughter.] 

Senator MCCONNELL. On a whole variety of things. 

[Laughter.] 

Senator MCCONNELL. I know Senator Paul will have much more 

to say about her qualifications when he speaks next, but let me 

just say this. Elaine is going to do a fantastic job as Secretary of 

Transportation. She is going to do good things for our country. She 

is going to make the Commonwealth of Kentucky proud. She will 

be only the second cabinet secretary we’ve had from my state since 

World War II. Who was the other? you might ask. Secretary of 

Labor Elaine Chao. 

[Laughter.] 

Senator MCCONNELL. I said at her last confirmation hearing that 

Elaine would be one of the best Secretaries of Labor we’ve ever 

had. I’m saying today that Elaine will be one of the best Secretaries of Transportation as well. She has overcome some pretty big 

obstacles in her life, but everything she does, she does well. I know 

she will perform brilliantly again in this new role. 

Her family gathered here today couldn’t be prouder, especially 

Elaine’s father, Dr. James Chao. I feel exactly the same way he 

does. Thank you for the opportunity to be here. And let me turn 

to my colleague from Kentucky. 

STATEMENT OF HON. RAND PAUL, 

U.S. SENATOR FROM KENTUCKY 

Senator PAUL. Mr. Chairman, it is my privilege this morning to 

introduce a friend, a dear friend, and a fellow Kentuckian, Secretary Elaine Chao, for her nomination hearing to serve as Secretary of Transportation. I would also like to welcome her family, 

Dr. James Chao, who is renowned in his own right. 

My wife, Kelley, and I have come to know Elaine well since our 

first election to the Senate six years ago, and we were both grateful 

for her many kindnesses and friendship as we transitioned to public service. We both admire Elaine for her thoughtfulness, integrity, 

intellect, and dedicated service to the country. 

Elaine’s record of accomplishment and leadership make her a 

truly exceptional candidate. Prior to her nomination, Secretary 

Chao had served this Nation under three Presidential administrations, most notably as the longest serving Secretary of Labor since 

World War II under President George W. Bush. 

As an immigrant to this country, Secretary Chao’s successes are 

not only a testament to the American dream, but also the unbridled spirit of Kentucky. Having emigrated from Taiwan at the age 

of eight with no background in the English language, Secretary 

Chao would copy all the words of her teachers on the blackboard 

6 

so her parents could go over them daily when she arrived at home 

to improve her English skills. 

Her father worked three jobs to support their six children, but 

they always expressed optimism for the future. The family was 

truly grateful to be in America, and despite the challenges, they 

seized the opportunity that this Nation had to offer. Secretary 

Chao’s parents’ belief in education, service, and hard work set the 

foundation for her success, which includes a degree from Harvard 

Business School and 36 honorary doctorate degrees from institutions around the world. But for the Chao family, education is never 

the end, it is just the beginning. 

Secretary Chao’s extensive background in both public and private 

sectors includes not only her previous stint as Secretary of Labor, 

but also Deputy Secretary of Transportation, Chairman of the Federal Maritime Commission, Deputy Maritime Administrator, and 

Deputy Administrator at the U.S. Department of Transportation, 

Director of the Peace Corps. It’s a long re ́sume ́. We would all wish 

to have such a re ́sume ́. She was also President of the United Way 

as well. I have no doubt that she will do an excellent job and that 

her integrity will lead her to great heights as the Secretary of 

Transportation. 

I look forward to working with Secretary Chao and officials at 

the Department of Transportation to address our infrastructure 

issues facing our country. I urge the Committee’s favorable consideration of my friend Elaine Chao. 

The CHAIRMAN. Thank you, Senator Paul. 

And thank you, Senator McConnell. 

And at this point, we will ask our nominee, Secretary Elaine 

Chao, to please come forward and offer her opening statement. 

STATEMENT OF HON. ELAINE L. CHAO, TO BE SECRETARY OF 

THE DEPARTMENT OF TRANSPORTATION 

Secretary CHAO. Chairman Thune, Ranking Member Nelson, 

Members of the Committee, thank you for the opportunity to appear before you today. I also want to thank my home state Senators from the great Commonwealth of Kentucky for their kind introductions. I’m very honored to have the support of Senator Rand 

Paul, and I’ll be working to ‘‘lock in’’ the Majority Leader’s support 

tonight over dinner. 

[Laughter.] 

Secretary CHAO. I’m especially delighted to introduce my father, 

Dr. James S.C. Chao, who along with my mother, Ruth Mulan Chu 

Chao, is the foundation of everything that my sisters and I have 

been able to achieve. Like so many others, as you’ve heard, my father left everything familiar behind to come to this country and 

build a better life for our family. My mother, two sisters, and I endured 3 long years of separation before we were able to join him, 

traveling from Asia to America via a cargo ship on an ocean journey that lasted 37 days. 

There were many challenges during those early days, living in an 

apartment in Queens, New York, learning English, and adapting to 

a completely foreign culture. But my parents’ love, optimism, faith, 

and diligence kept us together. 

If I can ask my father to stand up, I would really appreciate it. 

7 

Dad, you’ve got to stand up. 

[Applause.] 

Secretary CHAO. Thank you so much. 

I’m also very pleased to introduce one of my sisters, May Chao, 

and her twin daughters, Miranda and Jessica, from New York City. 

May is the daughter whose name symbolizes America. My mother 

was 7 months pregnant with May when my father left for America, 

and he did not see his third daughter, May, until she was 3 years 

old. 

And, May, if I can ask you and the girls to stand up. 

[Applause.] 

Secretary CHAO. And my brother-in-law, Gordon, is here. And 

that’s it for the family. 

[Laughter.] 

Secretary CHAO. My executive career in government began at the 

U.S. Department of Transportation. During my career, I’ve had the 

extensive privilege of leading large, complex organizations in the 

public and the private sectors, as Deputy Secretary of Transportation, Director of the Peace Corps, President and CEO of United 

Way of America, and the U.S. Secretary of Labor. In each of these 

positions, my goal has always been to help others access opportunities in mainstream America and build better lives for themselves 

and their families by supporting policies that foster job creation 

and workforce competitiveness. 

Our country’s transportation infrastructure is the underpinning 

of our world-class economy, one of the most productive, flexible, 

and dynamic in the world. It is a key factor in productivity growth, 

which has provided millions of hard-working Americans with a 

standard of living that is the envy of the world. And it has provided us with unprecedented mobility, safety, and security. And yet 

today, these gains are jeopardized by aging infrastructure, growing 

congestion, increased fatalities on our highways, and a failure to 

keep pace with emerging technologies. 

The U.S. Department of Transportation has a rare opportunity to 

shape the transformation of our critical infrastructure, and a 

chance to lead the Department at this pivotal historic time is a 

great honor. 

First and foremost, safety will continue to be the primary objective. Regulatory decisions should be rooted in analysis derived from 

sound science and data with risk-based analysis that prevents accidents before they occur, and considers both the cost and the benefits of new rulemakings. Railroads, airlines, aircraft manufacturers, 

pipeline operators, transit authorities, and hazardous waste material shippers should be deploying comprehensive approaches to 

safety. 

The Department will also work with states to ensure that billions 

of dollars of Federal funding are focused on improving transportation system performance and project delivery. Our rail and air 

traffic operational efficiency, which is so important to America’s 

competitiveness, need to be continuously improved. 

And I look forward to working with this Committee on FAA’s 

transition to 21st century air traffic control technologies known as 

NextGen. Eight months remain before FAA reauthorization, so it’s 

8 

important to start the collaborative process soon, to provide air 

travelers with a system second to none. 

Another major challenge is to unleash the potential for private 

investment in our Nation’s infrastructure. As we work together to 

develop the details of the President-elect’s infrastructure plan, it’s 

important to know the significant difference between traditional 

program funding and other innovative financing tools, such as public-private partnerships. 

In order to take full advantage of the estimated trillions in capital that equity firms, pension funds, and endowments can invest, 

these partnerships must be allowed to participate with a bold, new 

vision. And again, we look forward to working with you to explore 

all options and to create a mix of practical solutions, both public 

and private, that provide the greatest cost benefit to the public because we all know that the Government doesn’t have the resources 

to do it all. 

It’s also important to recognize that the way we build and deliver 

projects is just as important as how much we invest. And we want 

to seek your advice in identifying and addressing unnecessary bottlenecks in the processes that govern project development and delivery, as well as the manufacturing processes that we oversee. 

And finally, we want to work with you to address the unique 

transportation needs in rural America, as well as the challenges 

that major metropolitan areas face. 

Looking to the future, we also have a unique opportunity to address the exciting new technologies transforming travel and commerce. The private sector is driving this innovation; they are working with cities and states to demonstrate improvements in the safety and efficiency of autonomous vehicles. Drones are poised to become a major commercial force. 

And the Federal role in these sectors is still very much in its infancy. We want to work with Congress to position the Federal Government as a catalyst for safe, efficient technologies, not as an impediment. 

In summary, the Department of Transportation has a key role to 

play in modernizing our transportation systems, strengthening our 

Nation’s competitiveness, and improving our quality of life. And I 

look forward to working with you to rebuild, refurbish, and revitalize America’s infrastructure so our economy can continue to 

grow, create good paying jobs for America’s working families, and 

enhance our quality of life. 

Thank you. And now I’ll be pleased to take your questions. 

[The prepared statement and biographical information of Secretary Chao follow:] 

PREPARED STATEMENT OF HON. ELAINE L. CHAO, SECRETARY DESIGNATE, DEPARTMENT OF TRANSPORTATION

Chairman Thune, Ranking Member Nelson, and members of the Committee, 

Thank you for the opportunity to appear before you today. I also want to thank 

my home state Senators for their kind introductions. I’m pleased to have the support of Senator Paul, and I will be working to ‘‘lock in’’ the Majority Leader’s support tonight over dinner. 

I am pleased to introduce my father, Dr. James S.C. Chao. He and my late mother 

are the foundation of who my sisters and I are today. He grew up in a small farming 

village of just ten families in China. His parents believed in education so he earned 

many scholarships to enable him to continue his studies. My father left everything 

9 

familiar behind to build a better life for our family. Our family was separated for 

three long years before we were able to come to America, traveling by cargo ship 

on an ocean journey that lasted 37 days. There were many challenges during those 

early years especially since we didn’t speak English. I didn’t receive my citizenship 

until I was 19 years old. But, my parents never doubted that America was the land 

of opportunity. 

Also here today is one of my sisters, May Chao and her twin daughters, Miranda 

Mei Chao Hwang and Jessica Ruth Chao Hwang, from New York City. May is the 

daughter whose name symbolizes America. My mother was seven months pregnant 

with May when my father left for America. He didn’t see May until she was three 

years old. 

My executive career in government began at the U.S. Department of Transportation. During my career, I have had the privilege of leading large, complex organizations in the public and non-profit sectors, as Deputy Secretary of Transportation, 

Director of the Peace Corps, President and CEO of the United Way of America, and 

U.S. Secretary of Labor. In each of these positions, my goal has been to help others 

access opportunity and build better lives for themselves and their families by supporting policies that foster job creation and workforce competitiveness. 

Our country’s transportation infrastructure is the underpinning of our world-class 

economy—one of the most productive, flexible and dynamic in the world. It is a key 

factor in productivity growth, which has provided millions of hard working Americans with a standard of living that is the envy of the world. And it has provided 

us with unprecedented mobility, safety and security. Yet today, these gains are jeopardized by infrastructure in need of repair, the specter of rising highway fatalities, 

growing congestion, and by a failure to keep pace with emerging technologies. 

The U.S. Department of Transportation has a rare opportunity to shape the transformation of our critical infrastructure. The chance to lead the Department at this 

historic time is a great honor. First and foremost, safety will continue to be the primary objective. Regulatory decisions should be rooted in analysis derived from 

sound science and data, with risk-based analysis that prevents accidents before they 

happen, and considers both the costs and the benefits of new rulemakings. Railroads, automobile manufacturers, airlines, aircraft manufacturers, pipeline operators, transit agencies and hazardous material shippers should be deploying comprehensive approaches to safety. 

The Department will also work with states to ensure that billions of dollars of 

Federal funds are focused on improving transportation system performance and 

project delivery. Our rail and air traffic operational efficiency, which is so important 

to America’s competitiveness, need to be continually improved. I look forward to 

working with this Committee on the FAA’s transition to 21st century air traffic control technologies known as NextGen. Eight months remain before FAA reauthorization, so it’s important to start the collaborative process soon, to provide air travelers 

with a system second to none. 

Another major challenge is to unleash the potential for private investment in our 

Nation’s infrastructure. As we work together to develop the details of President 

Trump’s infrastructure plan, it is important to note the significant difference between traditional program funding and other innovative financing tools, such as 

public-private partnerships. In order to take full advantage of the estimated trillions 

in capital that equity firms, pension funds, and endowments can invest, these partnerships must be incentivized with a bold new vision. We look forward to working 

with you to explore all the options, and to create a mix of practical solutions—both 

public and private—that provide the greatest cost-benefit to the public. 

It’s also important to recognize that the way we build and deliver projects is as 

important as how much we invest. We want to seek your advice in identifying and 

addressing unnecessary bottlenecks in the processes that govern project development and delivery, as well as the manufacturing processes we oversee. And finally, 

we want to work with you to address the unique transportation needs in rural 

America, as well as the challenges that major metropolitan areas face. 

Looking to the future, we also have a unique opportunity to address the exciting 

new technologies transforming travel and commerce. The private sector is driving 

this innovation. They are working with cities and states to demonstrate improvements in the safety and efficiency of autonomous cars and trucks. Drones are poised 

to become a major commercial force. The Federal role in these sectors is still in its 

infancy. We want to work with Congress to position the Federal Government as a 

catalyst for safe, efficient technologies, not as an impediment. 

In summary, the Department of Transportation has a key role to play in modernizing our transportation systems, strengthening our country’s competitiveness, and 

improving our quality of life. I look forward to working with you to rebuild, refurbish and revitalize America’s infrastructure, so our economy can continue to grow, 

10 

create good paying jobs for America’s working families and enhance our quality of 

life. 

Thank you. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Elaine L. Chao. 

2. Position to which nominated: Secretary of Transportation. 

3. Date of Nomination: January 20, 2017 (expected). 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: Hudson Institute, 1201 Pennsylvania Avenue, NW, Washington, D.C. 

20004. 

5. Date and Place of Birth: March 26, 1953; Taipei, Taiwan. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Spouse: Mitch McConnell, United States Senator; Stepdaughters: Eleanor Hayes 

McConnell, 44; Claire McConnell, 41; Marion Porter McConnell, 38. 

7. List all college and graduate degrees. Provide year and school attended. 

Harvard Business School, MBA, 1979 

Mount Holyoke College, BA, 1975 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Distinguished Fellow, The Hudson Institute; 2016 to present. 

Distinguished Fellow, The Heritage Foundation; 2009–2016 and 1996–2001. 

Secretary of Labor, 2001–2009. 

President and CEO, United Way of America; 1992–1996. 

President and CEO, U.S. Peace Corps; 1991–1992. 

Deputy Secretary of Transportation, 1989–1991. 

Chairman, Federal Maritime Commission; 1988–1989. 

Deputy Administrator, Federal Maritime Commission, 1986–1988. 

Vice President, Bank of America; 1984–1986. 

White House Fellow, Office of Policy Development, 1983–1984. 

Citibank, 1979–1983. 

Foremost Group, 1975–1977. 

*All the above positions are management jobs with the exceptions of the Distinguished Fellowships. 

9. Attach a copy of your resume. 

A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last ten years. None. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last ten 

years. 

Board Service 

07/22/2015 12/31/2015 Centerra Group, LLC 

7121 Fairway Drive, Suite 301 

Palm Beach Gardens, FL 33418 

Advisory Board Member 

06/04/2015 Present Ingersoll Rand 

170/175 Lakeview Drive 

Swords, Co. Dublin 

Director 

02/13/2015 Present Vulcan Material Company 

1200 Urban Center Drive 

Birmingham, AL 35242 

Director 

11 

Board Service—Continued 

10/16/2012 Present News Corp 

1211 Avenue of the Americas 

New York, NY 10036 

Director 

04/05/2012 02/19/2015 Bloomberg Philanthropy 

25 E 78th St. 

New York, NY 10075 

Advisory Board Member 

06/2012 Present New York Presbyterian Hospital 

525 East 68th Street 

New York NY 10065 

Honorary Board Member 

06/28/2011 Present Wells Fargo 

420 Montgomery Street 

San Francisco, CA 94104 

Director 

06/29/2011 02/01/2015 Protective Life Corporation 

2801 Hwy 280 

South Birmingham, AL 35223 

Director 

2011 Present Harvard Business School 

Board of Dean’s Advisor 

Soldiers Field 

Boston, MA 02163 

Advisory Board Member 

2010 Present Federalist Society 

1776 I St NW #300, 

Washington, D.C. 20006 

Advisory Board Member 

2010 Present Ford’s Theater 

511 10th St NW 

Washington, D.C. 20004 

Advisory Board Member 

2010 Present Harvard Business School 

Board of Global Advisors 

Soldiers Field 

Boston, MA 02163 

Advisory Board Member 

2010 06/2013 National WWII Museum 

945 Magazine Street 

New Orleans, LA 70130 

Advisory Board Member 

10/23/2009 11/01/2013 Dole Food Company 

One Dole Plaza 

West Village, CA 91359–5700 

Director 

2003 Present Institute of Politics, Harvard University 

79 John F. Kennedy St. 

Cambridge, MA 02138 

Advisory Board Member 

2003 2009 Harvard Business School 

Board of Dean’s Advisor 

Soldiers Field 

Boston, MA 02163 

Advisory Board Member 

12. Please list each membership you have had during the past ten years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Alfalfa Club—Member 

American Action Forum (AFF)—Advisory Board Member 

Asia Pacific Foundation of Canada: John H. McArthur Distinguished Fellowship—Honorary Advisory Board Member 

Council on Foreign Relations—Member 

Federalist Society—Advisory Board Member 

Ford’s Theatre—Advisory Board Member 

International Leadership Foundation (ILF)—Honorary Co-Chair 

International Club Number One (IC1)—Member 

National Ethnic Coalition of Organizations (NECO)—Honorary Advisory Board 

Member 

Republican Women’s Federation Forum (RWFF)—Member 

Ruth Mulan Chu Chao Foundation—Volunteer Chair (2013–2015) 

Trump’s Asian Pacific American Advisory Council 

12 

Trust for the National Mall—Advisory Council 

U.S. Senate Spouses—Member 

United Seamen Service (USS): Council of Trustees—Honorary Member 

Walt Disney Family Museum—Honorary/Advisory 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past ten years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

Poltiical Contributions—Federal 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Contributor Name 

Chao, Elaine Louisville KY 40201 McConnell Victory 

Kentucky 

6/30/2013 –12500 13941128347 

Chao, Elaine Louisville KY 40205 Distinguished 

Fellow 

Heritage 

Foundation 

Republican Party of 

Kentucky 

10/25/2012 10000 12940896930 

Chao, Elaine Louisville KY 40205 Heritage 

Foundation 

Distinguished 

Fellow 

Republican Party of 

Kentucky 

6/30/2013 10000 13941302781 

Chao, Elaine Louisville KY 40205 Heritage 

Foundation 

Executive McConnell, Mitch via 

McConnell Senate 

Committee 

5/23/2012 2500 12020463429 

Chao, Elaine Louisville KY 40205 Heritage 

Foundation 

Executive McConnell, Mitch via 

McConnell Senate 

Committee 

5/23/2012 2500 12020463527 

Chao, Elaine Louisville KY 40205 U.S. 

Government 

Secretary of 

Labor 

Republican Party of 

Kentucky 

7/1/2008 10000 28932511164 

Chao, Elaine Louisville KY 40205 Heritage 

Foundation 

Distinguished 

Fellow 

Republican Party of 

Kentucky 

4/29/2014 10000 14941236572 

Chao, Elaine Louisville KY 40205 U.S. 

Government 

Secretary of 

Labor 

Republican Party of 

Kentucky 

12/27/2007 10000 28990628719 

Chao, Elaine L 

Ms. 

Louisville KY 40205 U.S. 

Government 

Secretary of 

Labor 

Republican National 

Committee 

10/26/2006 25000 27990094749 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

8/18/2011 425 12950197799 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

11/17/2011 425 12950200181 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

2/17/2012 425 12970842028 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

5/15/2012 425 12952246547 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

8/15/2012 425 12954296871 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

11/20/2012 425 12940782898 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

2/15/2013 425 13961244319 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

5/17/2013 425 13963180662 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

11/20/2013 425 14951887637 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

2/15/2014 425 14960571121 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

5/15/2014 425 14941726077 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

8/15/2014 425 14978394881 

Chao, Elaine L. Washington DC 20002 The Heritage 

Foundation 

Distinguished 

Fellow 

Protective Life Corporation 

Federal PAC 

11/15/2014 425 14952676019 

Chao, Elaine L. 

Ms. 

Washington DC 20002 The Heritage 

Foundation 

Labor Secretary Romney, Mitt/Paul 

D. Ryan via Romney 

for President, Inc. 

4/23/2012 2500 14942416889 

Joint Fundraising Contributions 

These are contributions to committees who are raising funds to be distributed to other committees. 

Chao, Elaine Louisville KY 40201 Heritage 

Foundation 

Executive McConnell Victory 

Kentucky 

6/26/2013 12500 13941128330 

Chao, Elaine L. 

Hon. 

Washington DC 20013 Heritage 

Foundation 

Distinguished 

Fellow 

Rand Paul Victory 

Committee 

12/11/2013 5200 14960659449 

Chao, Elaine L. Louisville KY 40202 Self-Employed Public Speaker Romney Victory, Inc. 7/27/2012 1000 13941694430 

13 

Poltiical Contributions—Federal—Continued 

Recipient of Joint Fundraiser Contributions 

These are the Final Recipients of Joint Fundraising Contributions 

Contributor Name 

Chao, Elaine L Washington DC 20013 Heritage 

Foundation 

Distinguished 

Fellow 

Paul, Rand via Rand 

Paul for US Senate 

2016 

12/31/2013 2600 14020323733 

Chao, Elaine L Washington DC 20013 Heritage 

Foundation 

Distinguished 

Fellow 

Paul, Rand via Rand 

Paul for US Senate 

2016 

12/31/2013 2600 14020323680 

Chao, Elaine L 

Hon. 

Washington DC 20013 Heritage 

Foundation 

Distinguished 

Fellow 

Paul, Rand via Rand 

Paul for US Senate 

2016 

12/11/2013 2600 14021051514 

Chao, Elaine L 

Hon. 

Washington DC 20013 Heritage 

Foundation 

Distinguished 

Fellow 

Paul, Rand via Rand 

Paul for US Senate 

2016 

12/11/2013 2600 14021051481 

Chao, Elaine L. Louisville KY 40202 Self-Employed Public Speaker Romney, Mitt / Paul 

D. Ryan via Romney 

for President, Inc. 

7/27/2012 1000 13942788103 

Political Contributions—State 

CHAO, ELAINE 

Employer: HERITAGE FUND 

Occupation: FELLOW 

INDIVIDUAL Contribution 

$1,000.00 on 02/28/2014 

MCLAUGHLIN, SANDRA for 

DISTRICT COURT JUDGE—30TH DISTRICT—3RD DIVISION 

PRIMARY—05/20/2014 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Inventory of Awards and Recognitions 

Year Description of Award/Recognition 

1979 10 Outstanding Young Women of American 

1984 Mount Holyoke College Alumnae Award Mary Lyon Award for Young Achievement Award 

1986 County of Los Angeles Notional Council of Women’s Young Achievers Award 

1986 Organization of Chinese Americans Champion of Excellence Award 

1986 Taiwan Benevolent Association of America & Taiwan Welfare Association of New York Outstanding 

Achievement Award for higher ranking Chinese-American in U.S. Government 

1987 Federal Asian Pacific American Council (FAPAC) Exemplary Leadership Award 

1987 City of New Orleans International Order of Merit 

1988 National Republican Asian Assembly Award for Service to Asian American Republicans & GOP 

1988 Chinese-American Association of Southern California Outstanding Achievement Award 

1989 Asian Americans in Public Service Excellence 2000 Award 

1989 Federal Maritime Commission Exceptional Service 

1990 HBS Recognition for Service to HBS Alumni Council 1987–1990 

1990 City of Anaheim, CA recognition for Outstanding Leadership as Deputy Secretary of Transportation 

1990 Texas Governor Bill Clements Outstanding Achievement Award and Citation as Honorary Citizen of 

Texas 

1990 Garland, Texas Mayor Ruth Nicholson Recognition as Honorary Citizen of Garland, TX 

1991 U.S. Department of Transportation Federal Railroad Administration award for Support of the Federal 

Railroad Administration 

1991 U.S. Department of Transportation Asian Pacific American Employees Council Outstanding Service 

Award 

1991 City of Los Angeles Outstanding Person Achievements Award as Deputy Secretary of Transportation 

1991 St. John’s University Honorary Citation—Doctor of Laws 

1991 U.S. Coast Guard Award for Distinguished Service 

1992 National Republican Asian Americans Pride of Asian Americans Award 

1992 City of Louisa, KY Recognition as Honorary Citizen 

1992 City of Louisville, KY Recognition as Honorary Citizen 

1992 Jefferson County, KY Recognition as Honorary Citizen 

14 

Inventory of Awards and Recognitions—Continued 

Year Description of Award/Recognition 

1993 National Conference for College Women Student Leaders Women of Distinction Award 

1993 Governor Brereton C. Jones of KY Kentucky Colonel Award 

1993 California State Legislative Assembly Recognition for Leadership as President of United Way 

1993 City of Los Angeles Mayor and City Council President and Members Recognition for Outstanding 

Service to the Community and Appointment as United Way President and Chief Executive Officer 

1993 Harvard Business School Alumni Achievement Award 

1993 City of Russell, KY Recognition as Honorary Citizen 

1994 Valley of the Sun and Mesa United Way Phoenix, Arizona Award for Leadership of United Way 

1995 City of New Orleans Recognition as Honorary Citizen 

1995 Selection by Newsweek Magazine for Overclass 100 in Politics and Government 

1995 United Way of Beaver County, OR Recognition for Outstanding and Professional Leadership 

1996 National Peace Corps Association Appreciation Recognition for Inspiration and Leadership 

1997 The Jefferson Awards Silver Anniversary Recognition for Service on Board of Selector 

1998 National Association of Securities Dealers Recognition Outstanding Service as Member of Board of 

Governors 

1998 China Foundation of the United States Recognition Outstanding Leadership 

1998 Organization of Chinese American Women, Organization of Chinese Americans—Greater Washington 

D.C. Chapter Recognition for Outstanding Achievements in Public Service 

1999 City of Birmingham, AL Mayor Recognition Leadership/Celebration of Birmingham-Southern College 

Gala 

1999 Community Hospice Recognition for Support of Hospice 

2000 Kenai River Classic, AK Recognition to Promote Habitat & Resource Conservation, Kenai River, AK 

2001 U.S. Senator Diane Feinstein (CA) Recognition for Commitment 

2001 City of Chicago, IL Recognition for Achievement 

2001 Asian Pacific American Municipal Offices Leadership Award 

2001 City & County of San Francisco, CA Board of Supervisors Commendation of Service 

2001 U.S. Pacific Asian American CC Award for Excellence in Govt Service 

2001 Chinese American Society, Rockville, MD Recognition for Outstanding Support of Leadership Program 

2001 U.S. Department of Labor—Annual National Equal Opportunity Conference Recognition for Commitment to Adults and Youth with Disabilities 

2001 United Mine Workers Recognition for Leadership of Mine Safety and Health Administration (MSHA) 

2001 United Chinese Community/State of California Resolution # 2501 Recognition for Personal and Public 

Achievement; United Chinese Community Celebration 

2001 Asian American Federation of California Recognition for Great Talent 

2001 City of Los Angeles, CA Recognition for Leadership 

2001 May Society (Asian American PAC) Appreciation Recognition 

2001 Westminster, CA Mayor Margie Rice Recognition as First Asian-American Woman in the U.S. Cabinet 

2001 Jobs for America’s Graduates Government Leader Award 

2002 Boys and Girls Club of Greater Washington, D.C. Congressional Dinner Honoree 

2002 Women In Government Relations Award for Most Women Appointed in Department 

2002 Asian American Postal Employees Association Distinguished Asian American Award 

2002 Hispanic Association of Colleges and Universities (HACU) Certificate of Appreciation 

2002 KY—Henderson County Chamber of Commerce Distinguished Citizen Award 

2002 Federal Asian Pacific American Council (FAPAC) Recognition for Leadership as Member of Asian 

American Community 

2002 Fraternal Order of Police of NY Recognition in Appreciation for Promoting FOP Ideals 

2002 U.S. Chinese Bankers Alliance Recognition in Appreciation of Hospitality 

15 

Inventory of Awards and Recognitions—Continued 

Year Description of Award/Recognition 

2002 U.S. Pan Asian American Chamber of Commerce, Southwest Region Recognition in Appreciation for 

Inspiration and Leadership 

2002 Philadelphia Dragon Boat Association, U.S. National Champions, 2002 Team USA Recognition for 

Support of Philadelphia Chinatown Community 

2002 Pan Asian Association of Greater Philadelphia Recognition for Service to Americans 

2002 Asian Pacific American Community of Greater Philadelphia Appreciation for Dedicated Service 

2002 Chinese Consolidated Benevolent Association, Council of Presidents Appreciation for Service to Chinese Community 

2002 Fort Smith, AR Recognition as Honorary Citizen 

2002 Court TV Women Superstars Award at 3rd Annual Award Breakfast 

2002 National Association of Hispanic Federal Executives Recognition for Leadership Supporting Diversity 

in Federal Workforce 

2002 Syosset High School NY Award for Alumni Distinction 

2002 Nassau County NY Legislature Citation Syosset Alumni Award 

2003 Vision New America, Inc. Award for Excellence in Leadership 

2003 International Leadership Foundation (ILF) Lifetime Achievement Award 

2003 Center for Women’s Business Research Leading by Example Award 

2003 Women’s National Republican Club Special Recognition Award 

2003 Asian American Federation of California 2003 Public Service Award 

2003 U.S. Department of Labor—2003 Mine Rescue First-Aid Bench and Preshift Contest Award (Louisville, KY) 

2003 MANA, A National Latina Organization HerMANA Award 

2003 Korean Churches for Community Development Award for Service to America and the Asian American 

Community 

2003 Sergeants’ Benevolent Association of New York City Police Department Sergeants’ Benevolent Award 

2004 Fraternal Order of Police President’s Award 

2004 Institute for Corean-American Studies Liberty Foundation (ICAS) 2003 Liberty Award 

2004 Women’s Business Enterprise National Council Applause Award 

2004 Chinese-American Chamber of Commerce of New Jersey Honor of Distinction Award 

2004 National Association of Asian American Professionals Award for Support of Asian American Community and Commitment to Public Service 

2004 Asian Pacific American Institute for Congressional Studies (APAICS) Recognition of Political Milestone, ‘‘Decade of Firsts’’ 

2004 Women’s Business Center 2004 Public Sector Entrepreneurial Visionary Award 

2004 U.S. Chinese Bankers Alliance Recognition for Generous Support 

2004 Pittsburgh Lifesciences Greenhouse Recognition for Commitment to Ensuring Opportunities to Better 

Prepare U.S. Workers 

2004 Seaman’s Church Institute of New York and New Jersey Silver Bell Award for Service to the Maritime Community 

2004 Cultural Development Center/Plainview Chinese School of Long Island, NY American Dream Award 

2004 Thurgood Marshall Scholarship Fund Recognition for Commitment to Adults and Youth with Disabilities, Community Leadership 

2004 Sergeants’ Benevolent Association of New York City Police Department Heroism Award 

2004 American Society for Competitiveness Award for Promotion of Global Competitiveness 

2004 Chinese American Citizens Alliance, Houston, TX Lodge Recognition for Dedication to Public Service 

2004 Allies Building Community, Inc. & The Chinatown Steering Committee Public Service Award 

2004 Small Business & Entrepreneurship Council (SBE) Small Business Advocate of the Month Award 

2005 Independent Women’s Forum Woman of Valor Award 

16 

Inventory of Awards and Recognitions—Continued 

Year Description of Award/Recognition 

2005 National Ethical Coalition of Organizations Foundation, Inc. (NECO) 2005 Ellis Island Medal of Honor 

2005 Pitney Bowes Honor for Commitment 

2005 XXI Magazine 2004 Communicator Award 

2005 Richard G. Lugar Excellence in Public Service Series (Lugar Series) Excellence in Public Service 

Award 

2005 Asian American Pacific Islander Inaugural Ball Committee Recognition for Dedicated Service to Asian 

Americans 

2005 League of United Latin American Citizens (LULAC) Outstanding Leadership Award 

2005 Alabama State Senate Recognitions for Contributions as Secretary of Labor 

2005 Fraternal Order of Police Exemplary Service Award 

2005 Sing Tao Daily Pioneer Award at 40th Anniversary Gala 

2005 Fukienese American Unity Association Inc. Recognition for Service to Chinese Community 

2005 Korean Community Service Center of Greater Washington Recognition for Commitment to the KCSC 

& Asian American Community 

2005 U.S. President George W. Bush Presidential Quality Award for Management Excellence 

2005 Asian Job Service Employer Committee Pinnacle Award for Outstanding Leadership 

2006 Recognition on Washingtonian Magazine’s The List of the Top 100 Most Powerful Women 

2006 City of Baton Rouge, LA Mayor Melvin ‘‘Kip’’ Holden Recognition as Honorary Mayor 

2006 City of Baton Rouge, LA Recognition as Honorary Citizen & Designation of ‘‘Elaine L. Chao Day’’ 

2006 KY—Organization of Chinese Americans, KY Chapter & Asian Pacific American Community of Greater KY Pioneer Award 

2006 Houston Asian Chamber of Commerce Distinguished Achievement Award at 11th Annual Gala 

2006 National Association of Hispanic Publications & Foundation Outstanding Leadership Award 

2006 The American Legion Recognition in Appreciation of Service 

2006 Clare Boothe Luce Policy Institute Conservative Leadership Award 

2006 LULAC National Convention Recognition of Achievement as Secretary of Labor 

2006 LULAC National Convention President’s Citation Award 

2006 U.S. Department of Commerce Ronald H. Brown Leadership Award 

2006 Chinese American Academic and Professional Society Outstanding Public Service Award 

2006 Chen Kung University Alumni Association of Greater New York 2006 Distinguished Special Achievement Award 

2006 KY—Henry Clay Society Distinguished Service Award 

2006 National Urban League National Public Service Award 

2007 League of United Latin American Citizens (LULAC) National Legislative Award at 10th Annual 

Awards Gala 

2007 National Association of Hispanic Publications Recognition of Commitment to Latinas 

2007 Asian Pacific American Institute for Congressional Studies (APAICS) Distinguished Lifetime Achievement 

2007 U.S.-Mexico Chamber of Commerce Good Neighbor Award 

2007 Society of Asian Federal Officers 2007 Person of the Year Award 

2007 Fraternal Order of Police (FOP) President’s Award 

2007 International Mine Rescue Conference Recognition for Leadership in Support of U.S. Mine Rescue 

Teams 

2007 Paralyzed Veterans of America Recognition for Public Service 

2007 Assoc. of Chinese Scientists & Engineers Recognition for Outstanding Service 

2008 Latina Style Image of Ana Maria Arias (founder of the magazine) Recognition for Exceptional Contribution to the success of the Latina Style 50 

17 

Inventory of Awards and Recognitions—Continued 

Year Description of Award/Recognition 

2008 Chinese Consolidated Benevolent Association, Council of Presidents Outstanding Leader Award 

2008 Cuban American Federation Leadership Award 

2008 U.S. Department of Homeland Security, Citizenship & Immigration Services American by Choice 

Award 

2008 Asian American Hotel Owners Association Leadership Award 

2008 Phoenix Satellite Television Personality of the Year Award 

2008 Asian American Government Executives Network (AAGEN) Excellence in Public Service Inaugural 

Award 

2008 Lung Kong Tin Yee Association of Phoenix, AZ Recognition as Secretary of Labor 

2008 Who’s Who in Asian America 2008 Legacy Award 

2008 City of Westminster, CA Recognition as Honorary Citizen 

2008 National Asian Peace Officers Association 2008 National Public Servant Recognition Award 

2008 KY—City of Paducah, KY Recognition as Duchess of Paducah 

2008 Council on Competitiveness Recognition for Contributions to American Competitiveness 

2008 U.S. Asia Institute Recognition of Distinguished Public Service in building U.S. Asia Relations; Given 

at U.S. Asia Institute 30th Anniversary Gala 

N/A Chinese Language Plaque (Texas) 

N/A KY—University of Louisville Alumni Association Recognition as Adopted Alumni 

N/A Vietnamese Fishermen Association of America Recognition for Support of HR 4009 

N/A U.S. Department of Labor Voluntary Protection Plan Recognition for Support of DOL Voluntary Protection Plan (VPP) 

N/A RightNOW Star Award for Inspiration to Women 

N/A KY—City of Middlesboro, KY Recognition as Honorary Citizen 

N/A KY—Henderson, KY Mayor Recognition as Honorary Citizen 

N/A League of Korean Americans—USA Woman of the Year Award 

N/A PACE Union Local 5–550—Paducah, KY Recognition of Leadership in Department of Labor’s Implementation of the Energy Employees Occupational Illness Compensation Program Act of 2000 

2010 KY Society of Washington 2010 Henry Clay Distinguished Kentuckian Award 

2010 KY Federation of Rep. Women to ELC Lifetime Achievement Award 

2010 Museum of Chinese in America Heritage and Family Award to honor Dr. James S. C. Chao and Mrs. 

Ruth Mulan Chu Chao 

2011 Woodrow Wilson Center Woodrow Wilson Award for Public Service 

2014 National Dropout Prevention Network Crystal Star Award for Lifetime Achievement for National Impact 

2015 Georgetown University Honorary Degree from McDonough School of Business 

2015 U.S. China Policy Foundation Award—Outstanding Achievement Award in Public Service 

2016 National Taiwan Ocean University Honorary Degree, Doctor of Law 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Articles and Op-Eds 

‘‘A Return to Prosperity is Light Years Away if We Follow Obama’s Road Map’’ 

Gazette Xtra; September 7, 2009 

‘‘Anti-Trade Agenda a Real Economy Killer’’ 

The Heritage Foundation; April 10, 2009 

Embracing her old Kentucky home 

Politico 

November 7, 2013 

18 

Procrastination no longer an option 

The Hill 

December 5, 2012 

Concentrate on Needs of Employers 

The New York Times 

November 8, 2012 

Winter of recovery not likely with current policies, inaction on taxes 

The Heritage Foundation 

July 11, 2012 

Government and Industry Must Invest 

The New York Times 

July 9, 2012 

Demand More than ‘‘New Normal’’ (co-authored with Douglas Holtz-Eakin) 

National Review 

May 3, 2012 

Our Best Diplomats: Women in the Peace Corps 

Time Magazine 

March 19, 2012 

Americans Are More Generous Than We Think 

Time Magazine 

January 5, 2012 

Remembering Pearl Harbor 

The Washington Times 

December 6, 2011 

The Best Recession Protection: Education 

Time Magazine 

November 29, 2011 

America’s jobless ask: Where’s the recovery? 

The Hill 

July 21, 2011 

All Americans Need 401(k) Loan Insurance 

Roll Call 

June 7, 2011 

Statement on the passing of Matthew K. Fong, American Patriot and National 

Leader 

ElaineLChao.com 

June 2, 2011 

A Day of Reckoning for Public Pensions: The bills are due, the coffers are empty 

The Christian Science Monitor 

October 1, 2010 

Another Unhappy Labor Day 

The Wall Street Journal 

September 2, 2010 

How to Get America Back to Work 

The Daily Beast 

January 10, 2010 

Where the Workers Are 

Wall Street Journal 

December 9, 2003 

A Return to Prosperity is Light Years Away if we Follow Obama’s Road map 

McClatchy-Tribune News Service 

September 7, 2009 

Left-Wing Proxy Playz 

The Washington Times 

August 16, 2009 

Obama Tries to Stop Union Disclosure 

The Wall Street Journal 

May 6, 2009 

19 

Topic A—The Next 100 Days 

The Washington Post 

April 26, 2009 

Topic A—The Employee Free Choice Act 

The Washington Post 

April 12, 2009 

Anti-Trade Agenda a Real Economy Killer 

The Chicago Tribune 

April 10, 2009 

Two Steps Back on Labor Rights 

The Wall Street Journal 

March 21, 2009 

Our Workers Deserve Secret Ballots 

Wall Street Journal 

January 14, 2009 

Will Obama’s Labor Department Help or Hinder Recovery? 

The Wall Street Journal 

January 1, 2009 

The Coming Assaults on America’s Competitiveness 

Townhall Magazine 

December 1, 2008 

Defining Democracy Down 

The Wall Street Journal 

July 20, 2007 

Secret Ballot Under Fire for American Worker 

The Chicago Tribune 

March 1, 2007 

Rescuing Your Retirement (co-authored with John Snow and Carlos Gutierrez) 

New York Times 

November 21, 2005 

Helping America’s Remarkable Workforce Meet its Challenges 

Des Moines Register 

September 27, 2005 

Utilize Some Well-Trained Talent; Give a Returning Veteran a Job 

Atlanta Journal-Constitution 

September 5, 2005 

Honoring Promises Made to Workers 

Seattle Post-Intelligencer 

February 15, 2005 

We Must Win Fight Against AIDS 

Augusta Chronicle 

November 29, 2004 

New Overtime Rules Protect U.S. Workers 

Kansas City Star 

August 24, 2004 

Women Becoming a Powerful Voice 

Miami Herald 

March 15, 2004 

Challenges in Africa 

Louisville Courier-Journal 

February 1, 2004 

A Chance for Health Care Coverage 

Lexington Herald-Leader 

September 1, 2003 

The IRS v. The People—Chapter 11 ‘‘Why the Flat Tax Will Boost Charitable 

Giving’’ 

The Heritage Foundation 

1999 

20 

Speeches 

Conferral Ceremony of National Taiwan Ocean University Keelung— 

October 16, 2016 

American Action Forum Panel on Social Commerce—November 19, 2015 

Taipei Economic and Cultural Office in New York—March 2, 2012 

Speech at National Maritime Day Celebration, Baltimore, Maryland, May 22, 

2008 

Workforce Innovations 2007, Kansas City, Missouri—July 17, 2007 

U.S. Merchant Marine Academy Alumni Foundation Dinner, New York, New 

York, September 27, 2006 

Speech at National Maritime Day, Propeller Club, Washington, D.C.; May 22, 

2006 

Speech at Women Entrepreneurship in the 21st Century; April 3, 2003 

1989 

International Business Association, Long Beach, California; February 24, 1989 

1988 

Women’s Propeller Club of New York, New York; January 14, 1988 

American Association of Port Authorities, San Francisco, CA; September 13, 

1988 

National Export Traffic League of New York; September 23, 1988 

National Customs Brokers and Forwarders Association of America Washington, 

D.C., September 27, 1988 

Western Cargo Conference, Vancouver, B.C.; October 7, 1988 

National Transportation Industrial League, Dallas, Texas; November 16, 1988 

1987 

Computer—Aided Operations Research Center (CAORF) Privatization Ceremony Rings Point, New York; May 16, 1987 

The Propeller Club, Port of New Orleans, New Orleans, LA; May 23, 1987 

Admiral King’s Farewell Washington, D.C.; June 5, 1987 

WWS Ports and Terminals Conference New York, NY; June 18, 1987 

Society of Marine Consultants (Delivered for Elaine L. Chao by Patricia A. 

Connell); October 6, 1987 

1986 

National Conference of State Legislators, Anchorage, Alaska; May 31, 1986 

Seminar on U.S. International Liner Trades, Cambridge, Massachusetts; 

June 4, 1986 

Gulf Regional Meeting of USMMA Alumni Houston, Texas; June 21, 1986 

National Defense Transportation Association, Tampa, Florida; October 1, 1986 

Maritime Administrative Bar Association Washington, D.C.; November 13, 1986 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

2001 

January 24—Committee on Health, Education, Labor and Pensions 

Confirmation as Secretary of Labor 

March 6—Senate Subcommittee on Labor, HHS, Education Appropriations 

Ergonomics rule 

April 25—Senate Subcommittee on Labor, HHS, Education Appropriations 

Ergonomics 

October 16—House Committee on Education and the Workforce 

Economic Recovery and Assistance to Workers 

2002 

February 6 and 7—House Committee on Education and the Workforce 

ENRON collapse: implications for worker retirements 

February 13—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2003 budget request 

21 

March 21—Senate Subcommittee on Labor, HHS, Education Appropriations 

FY 2003 budget request 

April 18—Senate Committee on Health, Education, Labor and Pensions 

Ergonomics 

May 8—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2003 budget request 

2003 

February 5—Senate Committee on Small Business 

Association Health Plans 

February 12—House Education and the Workforce 

Economic Recovery and WIA Reforms 

March 5—House Committee on Small Business 

Association Health Plans 

March 12—House Committee on Ways and Means 

FY 2004 budget request 

April 9—Senate Subcommittee on Labor, HHS, Education Appropriations 

FY 2004 budget request 

April 10—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2004 budget request 

2004 

January 20—Senate Subcommittee on Labor, HHS, Education Appropriations 

Overtime regulations 

February 12—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2005 budget request 

March 4—House Committee on Ways and Means 

FY 2005 budget request 

April 28—House Committee on Education and the Workforce 

Overtime regulations 

2005 

March 5—Senate Subcommittee on Labor, HHS, Education Appropriations 

FY 2006 budget request 

March 16—House Committee on Ways and Means 

FY 2006 budget request 

March 17—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2006 

October 18—Senate Committee on the Judiciary (with Secretary Chertoff) 

Immigration reform 

2006 

February 16—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2007 budget request 

April 6—House Committee on Education and the Workforce (with Secretary 

Spellings) 

American Competitiveness 

2007 

March 28—Senate Subcommittee on Labor, HHS, Education Appropriations 

FY 2008 budget request 

April 26—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2008 budget request 

2008 

March 6—House Subcommittee on Labor, HHS, Education Appropriations 

FY 2009 budget request 

May 7—Senate Subcommittee on Labor, HHS, Education Appropriations 

FY 2009 budget request 

2009 

January 21—House Republican Forum on President Obama’s Labor Agenda 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I believe my background makes me well suited to be U.S. Secretary of Transportation. My previous government service, including serving as U.S. Secretary of 

22 

Labor, Deputy Secretary of Transportation, Chairman of the Federal Maritime Commission, Deputy Maritime Administrator at the U.S. Department of Transportation, 

and transportation banker at two financial institutions, have prepared me not only 

for the management challenges of a large Federal department, but also for the task 

of providing leadership and developing legislation and regulatory programs that will 

enhance transportation safety and infrastructure for our country. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

The head of any agency has the ultimate responsibility for ensuring the integrity 

of the agency’s mission and its resources. A first step in fulfilling this responsibility 

is to identify, recruit and hire the best people possible for the positions that will 

be open in the incoming Administration to help lead the organization. It would be 

expected that the leadership team will work together to foster an environment of 

mutual respect and open communications, to flag any problems or issues for our collective attention before they get out of hand, and to work together to seek the appropriate approvals of major decisions and policies. It has been my experience as a 

manager and leader to cultivate a collaborative and open management environment. 

As can be seen from my background, I have an MBA and significant experience in 

leading large complex organizations. Under my leadership, the U.S. Department of 

Labor achieved record results in protecting the health, safety, wages, and retirement 

security of the Nation’s workforce. As President and Chief Executive Officer of 

United Way of America, I worked with the Board and local United Ways to restore 

public trust and confidence in one of our Nation’s premier charitable institutions 

after it had been tarnished by financial mismanagement and abuse. Good stewardship of the people’s resources has always been, and will continue to be, my highest 

priority. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

A top priority for DOT is to maintain a culture of good stewardship on behalf of 

the American people. This means effective enforcement of safety measures; getting 

the most benefit from the Department’s expenditures including strengthening its 

planning and acquisition practices; and preparing for the future by considering new 

technologies in our infrastructure. Second, given the Nation’s need to improve critical infrastructure, it is important to find ways to expedite the process of making 

repairs and building new constructions and decreasing the regulatory burdens when 

appropriate. With or without a new infusion of funds, it is necessary to look at the 

existing processes for infrastructure development and find more efficient ways to address bottlenecks in planning and permitting. Third, with so many needs everywhere in the country, a big challenge will be to strive for equity between urban and 

rural areas, among different modes of transportation, and other competing but 

equally deserving stakeholders. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

News Corporation: The Deferred Stock Units to which Nominee is entitled will be 

paid in cash upon separation from the board, which is anticipated to be January 

2017. The amount that Nominee will receive will be based on the stock price of 

News Corporation at the time of separation; the value at October 31, 2016, based 

on the then-current stock price, was . 

Wells Fargo & Company: The Directors’ Stock Compensation and Deferral Plan 

(DSC) to which Nominee is entitled will be paid in cash, at periods determined by 

annual elections that she has made. The amount paid will be based on the underlying shares and the current stock price of Wells Fargo & Company at the time payment is made. The aggregate value of the DSC awards at November 30, 2016, based 

on the then current stock price, was, payable in these approximate amounts and 

dates, and assuming separation from the board in January 2017: July 2017—48 percent; March 2018—29 percent; March 2019—15 percent; March 2020—4 percent; 

and March 2021—4 percent. For the portion of DSC units that hasn’t been redeemed, Nominee will continue to receive DSC equivalents for dividends on the company’s common stock. 

Delta Airlines: Nominee is entitled to discounted air fare on Delta Airlines as a 

result of her service on the board of Northwest Airlines. 

Vulcan Materials: The Deferred Stock Units (DSU) to which Nominee is entitled 

will be paid in cash the April following the year of separation. Assuming separation 

23 

in January 2017, the payment would be made in April 2018, based on the then-current market price of the company’s common stock. Nominee will continue to receive 

DSU equivalents for dividends on the company’s common stock until the DSUs are 

redeemed. The value of the DSUs at October 31, 2016, based on the then-current 

stock price, is . Although 57 percent of the DSUs are not vested, the . Although 57 percent of the DSUs are not vested, the 

board has the authority to grant full vesting. 

Ingersoll-Rand: The Directors’ Retainer Stock Unit Plan (RSU) will be paid in 

cash upon separation from the board, which is anticipated to be in January 2017. 

The amount that Nominee will receive will be based on the company’s stock price 

at the date of separation; the value at November 30, 2016, based on the then-current stock price, was . 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain. No. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. None. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last ten years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. None. 

5. Describe any activity during the past ten years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. None. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

If there is any conflict of interest, the nominee will follow the recommendation 

of the OGE. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics, professional misconduct, or retaliation by, or been the subject of a complaint to, any court, administrative agency, the Office of Special Counsel, professional association, disciplinary 

committee, or other professional group? If yes: 

a. Provide the name of agency, association, committee, or group; 

b. Provide the date the citation, disciplinary action, complaint, or personnel action 

was issued or initiated; 

c. Describe the citation, disciplinary action, complaint, or personnel action; 

d. Provide the results of the citation, disciplinary action, complaint, or personnel 

action. 

No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain. No. 

3. Have you or any business or nonprofit of which you are or were an officer ever 

been involved as a party in an administrative agency proceeding, criminal proceeding, or civil litigation? If so, please explain. 

1. Class of Dole Food Co. shareholders v. Directors—filed June 2013 in Delaware 

Court of Chancery; alleged breach of fiduciary duty by directors; Case dismissed against the directors 

2. Class of Dole Food Co. shareholders v. Directors—filed June 2013 in California 

Superior Court; alleged breach of fiduciary duty by the directors; claims stayed, 

dismissed. 

3. As a director of Wells Fargo Bank, the nominee was named in multiple derivative Wells Fargo shareholder lawsuits filed between September and November 

2016 in the U.S. District Court for the Northern District of CA, and in state 

Superior Court in San Francisco; this litigation alleges breaches of fiduciary 

duty for certain banking practices and remains in early procedural stages. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain. No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain. No. 

24 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination. 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

ATTACHMENT

Brief Bio of Elaine L. Chao 

Elaine L. Chao served as the 24th U.S. Secretary of Labor from 2001–2009 and 

is the first Asian American woman to be appointed to a President’s Cabinet in 

American history. 

Secretary Chao has a distinguished career in the public, private and nonprofit sectors. An immigrant who arrived in America at the age of eight speaking no English, 

she received her citizenship at the age of 19. Secretary Chao’s experience 

transitioning to a new country has motivated her to devote most of her professional 

life to ensuring that everyone has the opportunity to build better lives. 

As Secretary of Labor, she focused on increasing the competitiveness of America’s 

workforce in a global economy and achieved record results in workplace safety and 

health. 

Prior to the Department of Labor, Secretary Chao was President and Chief Executive Officer of United Way of America, where she restored public trust and confidence in one of America’s premier institutions of private charitable giving after it 

had been tarnished by financial mismanagement and abuse. As director of the Peace 

Corps, she established the first programs in the Baltic nations and the newly independent states of the former Soviet Union. Her government service also includes 

serving as Deputy Secretary at the U.S. Department of Transportation, Chairman 

of the Federal Maritime Commission, Deputy Maritime Administrator at the U.S. 

Department of Transportation, and White House Fellow specializing in transportation and trade in the Office of Policy Development. She has also worked in the 

private sector as Vice President of Syndications at Bank of America and transportation banker at Citicorp. 

Secretary Chao earned her MBA from the Harvard Business School and an economics degree from Mount Holyoke College. Honored for her extensive record of accomplishments and public service, she is the recipient of 36 honorary doctorate degrees. 

A popular speaker on jobs, the economy, and America’s global competitiveness, 

Secretary Chao is Distinguished Fellow at the Hudson Institute. She was also a Distinguished Fellow at the The Heritage Foundation. An active volunteer, she currently serves on a number of nonprofit and corporate boards. 

The CHAIRMAN. Thank you, Secretary Chao. Before we begin our 

questions, I want to ask unanimous consent to put 20 letters of 

support for Secretary Chao into the record. They come from a diverse group of stakeholders ranging from first responders and 

transportation infrastructure groups to labor and shippers. 

Without objection, it’s so ordered. 

[The information referred to follows:] 

25 


111SIU.eps
26 


111FRITZ.eps
27 


111NRMCA.eps
28 


111NSSGA.eps
29 


111PMI.eps
30 


111HLT.eps
31 


111HMG.eps
32 


111HANSO.eps
33 


111NACA.eps
34 


111NPCA.eps
35 


111PCA.eps
36 


111AAR.eps
37 


111ATI.eps
38 


111CALPO.eps
39 


111CAREW.eps
40 


111SIOUX.eps
41 


111SPUR.eps
42 


111TRANS.eps
43 


111NASTC.eps
44 


111IAFF.eps
45 


111SAFE1.eps
46 


111SAFE2.eps
47 


111WTS.eps
48 


111NECA.eps
49 


111NRF.eps
50 


111EPIC1.eps
51 


111EPIC2.eps
52 


111EPIC3.eps
53 


111TFI1.eps
54 

The CHAIRMAN. Secretary Chao, I think I counted at least a half 

a dozen references to working with Congress, and more specifically, 

to working with this Committee in your testimony. I know you appreciate the importance of cooperation between the branches of our 

government. Nevertheless, these hearings give us an opportunity to 

underscore that point. 

So if confirmed, will you pledge to work collaboratively with this 

Committee and provide thorough and timely responses to our requests for information as we work together to address transportation policy? 

Secretary CHAO. I’ll look forward to working with this Committee 

and also the Congress on all these issues of concern. 

The CHAIRMAN. Planes, trains, and automobiles are particularly 

important in a rural state like South Dakota, where long distances 

often separate people from economic hubs, the markets for their 

goods, and even hospitals. 

Secretary Chao, I appreciated your recognition of the need and 

challenge of achieving equity between urban and rural areas in 

your top priorities for the Department, and as a Senator from the 

state of South Dakota, this balance is especially important to me 

and to my constituents. 

The FAST Act struck a careful balance to ensure that we appropriately invested in both urban and rural infrastructure critical for 

connecting the country, supporting mobility options for all Americans, and moving agricultural, manufactured, and other essential 

products to the market. To what extent do you see the funding allocations in the FAST Act as providing a framework for thinking 

about potential allocations under any infrastructure proposal put 

forward by the administration? 

Secretary CHAO. I think the President-elect’s vision for an infrastructure proposal is ambitious and forward-looking, and comprehensive. We will be starting a task force and a process to address these issues. The FAST Act was a tremendous accomplishment by the last Congress. And there are many, many other financing options which should be considered as well. And we would 

hope that as we go into the future, that we’ll also be creative, innovative, and consider all options as well because, as mentioned, the 

government does not have the resources to address all the infrastructure needs within our country, so all of us need to put our best 

thinking forward as to how to address the aging infrastructure. 

The CHAIRMAN. Would you strive also to try and strike the balance or achieve the balance when it comes to funding allocations 

between urban and rural areas that was accomplished in the FAST 

Act? 

Secretary CHAO. Absolutely. I’ve lived on the East Coast, and the 

West Coast. I now live in Kentucky. I’m very, very familiar with 

the balance that needs to be kept between the urban and the rural 

areas. 

The CHAIRMAN. Another area of importance for South Dakota 

and for a lot of the Members on this Committee is the availability 

of reliable and affordable commercial air service, which has the 

ability to allow access to and from geographically isolated areas of 

the country to hubs in metropolitan areas. And while it’s a convenience for travelers, commercial aviation is something that often 

55 

helps communities attract businesses, create jobs, and spur economic development. 

Various factors have altered the market, and unfortunately, in 

some cases, threatened or eliminated access to commercial aviation 

for rural communities. If confirmed, what will you do to improve 

commercial aviation connectivity to rural communities? 

Secretary CHAO. Rural communities are a critical part of our 

country, and their access to affordable and easy air service is an 

issue and something that we have talked about in many, many 

ways over the years. So I look forward to working with the Congress on continuing the EAS program and finding ways in which 

we can improve it as well. 

The CHAIRMAN. New technologies, I mentioned in my opening remarks, like autonomous vehicles, have the potential to improve our 

transportation system by saving lives, increasing mobility, and improving fuel economy. The Department has begun developing a 

framework for autonomous vehicles, as you noted in your testimony, but the Federal role is still at a very early stage of development. 

So I welcome your goal of making the Federal Government a catalyst rather than an impediment for technologies that improve 

safety and efficiency. If confirmed, how will the Department, under 

your leadership, keep pace with evolving advanced technologies 

and foster innovation? 

Secretary CHAO. Innovation and creativity is a hallmark of 

America. We are famous throughout the world because of the ingenuity and creativity that we have shown, and we have led the 

world on so many fronts because of the new technologies that our 

country has been able to pioneer. We are now seeing the advent of 

autonomous vehicles, artificial intelligence, smart cars, and also 

drones. 

While the benefits are very much known, there are also concerns 

about how they will continue to develop. And I will work with this 

Committee and the Congress to address many of these concerns, 

but we need to do so in a way that will not dampen the basic creativity and innovation of our country. 

The CHAIRMAN. Thank you, Secretary Chao. 

Senator Nelson. 

Senator NELSON. Mr. Chairman, I want to welcome the four new 

Members on the Democratic side. They have certainly helped the 

ratio of male to female that you talked about: Senators Baldwin, 

Duckworth, Hassan, and Cortez Masto. And I hope to announce the 

Ranking Members of the Subcommittees very shortly. 

I’m just going to ask one question. I want to give our Members 

the opportunity to ask about the plethora of subjects that this Committee handles, and then I’ll do any cleanup at the end. 

The question of privatization of air traffic control. The opposition 

of DoD. The fact that whereas the business roundtable supports 

the privatization, there is dissention within that organization. On 

the other side, the Aerospace Industries Association opposes privatization. Do you want to offer any of your thoughts on this? 

Secretary CHAO. I would like to get confirmed first. 

[Laughter.] 

Senator NELSON. Oh. 

56 

Secretary CHAO. Obviously, this is an issue of great importance 

and this is a huge issue that needs to have national consensus, and 

for that national consensus to occur, there needs to be a dialogue, 

a great discussion, a national discussion. The administration has 

not made a decision on this point, and I expect that come 

January 20, this will be one of the issues in which the White 

House will be determining the position of the administration. 

I am open to all ideas. I’m very cognizant of those who are in 

favor of it. I’m also very cognizant of those who are concerned 

about the safety aspects of it. 

Senator NELSON. OK. 

Secretary CHAO. So I will obviously work with the Congress and 

also with this Committee on all those issues. 

Senator NELSON. Well, in view of your answer, let me just say 

that we will collaborate extensively—— 

Secretary CHAO. Yes. 

Senator NELSON.—with you with regard to this. And it is so important that we get a full FAA reauthorization, a multiyear. The 

Chairman and I worked it out where we would get basically one 

year and get a number of important things etched into law in that 

bill, but for the certainty of the airline industry in the future, for 

the future of the next generation of air traffic control, et cetera, we 

need this multiyear FAA reauthorization bill, and there is a huge 

contention between the House and the Senate over this issue of privatization. So we will be consulting with you and collaborating and 

communicating with you extensively on this. 

Thank you, Mr. Chairman. 

Secretary CHAO. I look forward to it. 

The CHAIRMAN. Thank you, Senator Nelson. 

Senator Wicker. 

STATEMENT OF HON. ROGER F. WICKER, 

U.S. SENATOR FROM MISSISSIPPI 

Senator WICKER. Madam Secretary, I think most Members of 

this Committee are delighted that you have been chosen for this 

position. I think you’ll be confirmed with a nice bipartisan vote. 

And I think we’ll be consulting and collaborating with you on a 

wide variety of issues because you have quite a bit of jurisdiction. 

I think what I heard you say with regard to Senator Nelson’s 

question is if we’re going to make a major change, as has been proposed, then there needs to be a national consensus on that and 

that there needs to be more of a national conversation. And certainly I appreciate your assurances that Congress will be consulted 

on this, so I appreciate that. 

I would also simply like to underscore that in response to Senator Thune’s question about rural America, you expressed support 

for the essential air service. And I would just use part of my time 

today to say I think the point there that I would underscore in endorsing your statement, Madam Secretary, is that it is a bargain 

for job creators and economic developers in the United States to 

have this assurance. And so I appreciate hearing that from you. 

I would like to just touch briefly on three other things, and those 

would be the Federal Contract Tower Program, the Merchant Marine Academy, and the Jones Act. 

57 

Now, with regard to the Federal Contract Tower Program, this 

has been one of the FAA’s most successful Government-industry 

partnership programs, and it is critical to air traffic control safety 

in 253 smaller airports, including 7 in my home state of Mississippi. 

What are your plans to ensure that this program would enjoy 

strong bipartisan and bicameral support in Congress, continues to 

provide these important air traffic control services for our traveling 

public and our small airports? 

Secretary CHAO. I would hope to work with the Congress. Obviously, I’ve always done that in the past. This is a very important 

issue. I look forward to working with you on it. 

Senator WICKER. OK. Well, I look forward to a continuing conversation on that also. 

Now, as you may know—and I think we had this conversation 

when you came by early on for a visit, which I appreciated—I’m a 

member of the Board of Visitors at the Merchant Marine Academy. 

This has been one of the finest collegiate degrees a young American 

man or woman could receive in the United States of America. And 

we’ve had some bumps and hiccups along the way. 

On January 6, I was pleased to learn that Secretary Foxx has 

lifted the suspension of the Sea Year on commercial vessels for students—for midshipmen—at the Merchant Marine Academy. I want 

to encourage you to continue efforts to ensure the integrity of this 

critical training program for our future Merchant Marine mariners. 

The Merchant Marine Academy is operating also under a warning with regard to accreditation. Now, this is unimaginable to me 

based on where this Academy has been historically in terms of academic achievement. The accreditation warning presents a serious 

risk. 

I hope you have plans. And my question to you is, Will you make 

it a priority, Madam Secretary, to ensure that the Academy will 

stay on track to address the cited deficiencies prior to the April 

2018 deadline? And will you agree with me that the alumni of this 

fine institution have a lot of knowledge and wisdom that they can 

impart to us, as Government policymakers, in this regard? 

Secretary CHAO. Senator Wicker, during my courtesy visit with 

you, you were very concerned about this issue, and I listened very 

carefully to what your concerns are, which you echoed once again 

here today. I have been to Kings Point when I was Deputy Maritime Administrator. I know the facility very well. This is a huge 

issue, and I can assure you that if confirmed, this will be the first 

issue that I take up at MARAD. 

Senator WICKER. Well, thank you very much. And then just briefly, because my time is fleeting, a vitally important part of our maritime industry is the Jones Act, which this Committee has jurisdiction over. I hope you will be a strong supporter of the Jones Act 

and advocate for our domestic maritime sector, as a bipartisan majority of this Committee has always done. 

Secretary CHAO. The Jones Act is the law of the land, and it will 

be obeyed, unless the Congress changes its mind on that. 

Senator WICKER. Thank you. 

The CHAIRMAN. Thank you, Senator Wicker. 

Senator Cantwell. 

58 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

And welcome and congratulations on your nomination. I think we 

had a chance to discuss the state of Washington and how rapidly 

it is growing, how the fact that being a gateway to the Pacific has 

made our transportation system one of the key cornerstones of our 

economic success, that our state and local governments are making 

strategic investments. In 2014, Washington businesses, though, 

lost $800 million because of congestion. And we have very challenged infrastructure issues. 

For the third consecutive year, Sea-Tac is the fastest growing airport in the United States. In the last 3 years, the passenger volume 

has increased by 32 percent. Railroads are moving over 105 million 

tons of freight each year; Sound Transit is the fastest growing light 

rail service in the country; the Northwest Seaport Alliance, the 

largest cargo center; and our GDP in the state grew by 3 percent 

compared to the Nation as a whole, which was 2.5; and Washington 

employment grew 3.5 percent, the fastest in the Nation, adding 

109,000 jobs in 2016. 

So we have growth, we have an economic engine, but we desperately, desperately, desperately, desperately need the infrastructure investment. 

So I listened to your words very carefully as you phrased out 

ways in which to get that infrastructure investment. I’m all for creativity. I would say that our last transportation bill stretched us 

to the limits. There are no more SPRO dollars to get for infrastructure investment, and so it is very important that we move forward. 

So I just have a couple of questions. You can just answer yes or 

no. It’s not trick yes or no questions, it’s more just trying to get 

a sense of what you will prioritize as far as funding. 

So do you support the legislation that this Committee passed 

that was implemented, the Freight Act and funding FASTLANE 

Grant programs to move freight more cost effectively through the 

United States and continuing to fund that program? 

Secretary CHAO. In concept, of course we want to make sure that 

freight is moved efficiently. It adds to the productivity of our country, it’s good for the economy. 

As for the second part of your question, I’m not quite sure yet 

because I’ve not been briefed on what the current situation is, but 

if confirmed, I’ll be more than glad to do that. 

Senator CANTWELL. OK. When it comes to the FAA, my colleague 

mentioned this, so I just want to be clear. Do you support coming 

up with additional funding, however it works out, do you support 

a new infrastructure investment in our airports? 

Secretary CHAO. We need more resources to build, repair, refurbish our infrastructure, including those that relate to the aviation 

sector, yes. 

Senator CANTWELL. OK. I mentioned Sound Transit, one of the 

fastest growing commuter systems in the country. There are 

projects that are already in the pipeline. Do you support continuation of those projects? And you mentioned creativity, one of the 

things that they’ve been able to use is the Master Credit AgreeVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00064 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
59 

ments so that they can get more affordable loan rates. Are those 

the kinds of programs you would support for Sound Transit? 

Secretary CHAO. At this point, if I’m confirmed, I need to take 

a look at those projects. There are many projects that are on the 

books, and there are different reasons why some are faster, some 

are slower. So I need to take a look at what is happening with each 

of those projects. 

Senator CANTWELL. OK. I would like to follow up with you, if I 

could, on that in writing to see if we can get an answer to that. 

Secretary CHAO. Of course. 

Senator CANTWELL. And then when you and I visited, I mentioned this issue of the volume of crude by rail going through the 

state of Washington, extraordinary growth rates of trains that have 

every city in my state concerned about the volatility of this product. 

Department of Energy and DOT are working on an analysis of 

the volatility of that product. Will you continue to support that research? 

Secretary CHAO. You and I have talked about this at length. The 

prospect of having these products go through urban areas is of 

great concern. But, again, until I’m confirmed and I have an opportunity to be briefed on all of these, it would be premature for me 

to say anything at this point. 

Senator CANTWELL. OK. 

Secretary CHAO. But I will work with you on this. 

Senator CANTWELL. Well, I definitely came here very interested 

in your nomination and very enthusiastic about the prospects of a 

former cabinet member moving over to focus on something that has 

been very, if you will, administrations sometime choose someone of 

the opposite party just because of the bipartisan nature of transportation. And so I would hope that you could look at some of 

these—— 

Secretary CHAO. Absolutely. 

Senator CANTWELL.—and give me a more specific answer. I’m not 

trying to box you in as much as the main debate for my state right 

now is, are we going to fund infrastructure investment? And so we 

need to know that you are going to step up and say yes to that and 

work creatively with us to find those solutions. 

Secretary CHAO. The way you have just phrased the question, absolutely. 

Senator CANTWELL. OK. 

Secretary CHAO. Yes. 

Senator CANTWELL. But the specifics you have—— 

Secretary CHAO. I do need to—if I’m confirmed, I do need to take 

a look at the specifics. 

Senator CANTWELL. OK. I’m going to send you a few more in 

writing. 

Thank you so much, Mr. Chairman. 

Secretary CHAO. Thank you. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Senator Blunt. 

60 

STATEMENT OF HON. ROY BLUNT, 

U.S. SENATOR FROM MISSOURI 

Senator BLUNT. Thank you, Chairman. 

Secretary Chao, it’s wonderful to have you here. I think—I don’t 

know that any other Committee will have somebody that goes 

through this process this year who has already been confirmed four 

times, so far without a dissenting vote on the Senate floor. You’re 

in the process of setting a record that it will be hard for anybody 

else to meet in the future. 

We had a chance to work together when you were at the Department of Labor, the Secretary of Labor. I thought you did a tremendous job there, but one of the things I liked best about your focus 

there was on compliance even more than on enforcement. And I 

wonder if you would talk a little bit about that theory of trying to 

get people into compliance as a principal focus rather than the 

heavy hand of enforcement as your first place to go. 

Secretary CHAO. A lot of times, the rules and regulations can be 

very confusing. And so the government, whether it be at the Federal, State, or local levels, I believe has a responsibility to engage 

in outreach to help the regulated community understand what is 

required of them. This benefits not only those who are being protected, which is the sole criteria, of course, but also it builds a culture, for example, of safety that benefits those who are being protected because workers alone cannot protect themselves, they need 

the rules and regulations and the laws, they need the cooperation 

of the government, they also need the cooperation of their employers. 

But working together, by making it very clear what the obligation of the employer is and how best to understand the plethora of 

Federal, local, state and local regulations to make it transparent 

and easily understandable, that’s the best way to protect workers, 

and that was the philosophy in compliance that we followed. 

Senator BLUNT. You know, I think another area that comes into 

that immediately, too, all of our appropriate discussions on infrastructure—and, you know, in Kentucky and Missouri, really transportation is our greatest advantage. The rivers come together, the 

highways come together, the rail systems come together, and obviously not as dependent on geography, but air as well. But I think 

it’s really important that we now be thinking intermodally how all 

of those things work. 

And I believe 10 years from now we’ll look back at this moment 

where world food demand is going to double in 3 or 4 decades, and 

such great economic opportunities, and either think it was a good 

thing we got started right now looking at that intermodal opportunity or, why didn’t we do that? 

And I’m wondering what your thoughts are as to the inland port 

structure, the rail structure, and the highway structure, how those 

things, along with air, come together. 

Secretary CHAO. Intermodality is a concept that has been discussed since the 1970s, and as we’ve progressed since then, we’ve 

improved many aspects, but not nearly enough. We still have sectors of the economy, different modes of transportation, viewing 

each other as competitors, whereas we should all be working together in an integrated intermodal system. 

61 

And so as we consider the infrastructure of the future, we need 

to focus more on how different modes of transportation can be 

seamless partners and service deliverers to provide a more efficient 

and productive transportation system for the benefit of the consumer, the shippers, and overall quality of life for our country. 

Senator BLUNT. I think that competitive model where we’re all 

trying to figure out how we compete as a country by making intermodal transportation work more effectively is a much more realistic model than thinking of each transportation mode individually: 

trucking, barge, and rail. It’s how you use this whole system in a 

way that makes us as competitive as we need to be and can be. 

And one last thought on streamlining, which you’ve mentioned. 

You know, in both the last highway bill and the railroad bill, we’ve 

created some opportunities where you’re working in existing space 

for a more fast-tracked process that lets you go ahead and improve 

that rail spur, that rail line, that bridge that’s already standing 

there. Just a few minutes on your thoughts on streamlining that 

regulatory process to get things done. 

Secretary CHAO. If I’m confirmed, I think one of the major things 

that I will be looking at is the issue that you discussed and also 

the intermodal compatibility and interaction that can occur. We are 

seeing more cooperation between the different modes of transportation, but, again, more needs to be done. Part of it is the lack of 

Federal resources and resources to improve our infrastructure, but 

all of that is connected to the question that you have raised. And, 

again, if confirmed, that would be an issue that we would be having with this Committee and the Congress on how to improve the 

situation. 

Senator BLUNT. Thank you, Secretary. 

Thank you, Chairman. 

The CHAIRMAN. Thank you, Senator Blunt. 

Senator Klobuchar. 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

And congratulations on your nomination, and we’re excited to 

work with you going forward. I’m not going to pose an exact question about infrastructure except to say how important it is in our 

state. We are the state that had the 35W Bridge collapse in the 

middle of that summer day. It got rebuilt with good bipartisan 

work in a year. It was my first few years in the Senate, and I’ll 

never forget that. And I’ve been devoted to this issue of infrastructure ever since. 

I’ve joined with Senators Warner and Blunt on their proposal for 

financing authority. And as Senator Cantwell has pointed out, 

there are a lot of ideas out there, and I was heartened by the fact 

that the President-elect listed this as a number one issue on election night, which all of America saw. So I’m hoping that we can 

come together on something that makes sense to up our infrastructure in our country, which would include broadband. And a number 

of the Members here are members of our broadband caucus. I’m 

one of the co-chairs, and you and I discussed that. 

62 

But I thought I would get to some specific questions. First some 

air questions. Both Democratic and Republican administrations 

have pursued an expanded Open Skies agreement to provide U.S. 

consumers, carriers, and airports with more choice, access to new 

destinations. I’m concerned that recent actions by some companies, 

like Norwegian Air International, and some countries, like the 

UAE and Qatar, are undermining our Open Skies agreements, 

hurting American workers, because of the way they’re financing 

their airlines. 

Could you work with me on this to make sure that our American 

airline workers aren’t harmed by unfair competition from abroad? 

Competition is great, but not when it’s not an even playing field. 

Secretary CHAO. Thank you for offering that. I look forward to 

working with you on this important issue, if confirmed. 

Senator KLOBUCHAR. Thank you very much. The first item on the 

NTSB’s list of most wanted safety improvements for 2016 was reducing fatigue-related crashes. We have all seen a number of horrific crashes in the last few years, including Colgan Flight 3407. 

We have worked really hard on this issue for passenger flights. 

Senator Boxer, who is no longer with our Committee, as she retired, and I worked on a bill with Captain ‘‘Sully’’ Sullenberger, 

from the ‘‘Miracle on the Hudson,’’ involving cargo flights and having some rules in place that make sure that their pilots are flying 

safe. 

Secretary Chao, do you share my commitment to increasing aviation safety, working on this cargo issue, and continuing to have 

this as a priority? 

Secretary CHAO. I look forward to working with you on all these 

issues if I’m confirmed. 

Senator KLOBUCHAR. OK. Thank you. You and I also talked 

about the general aviation. Minnesota is home of Cirrus in Duluth. 

We make small jets. It’s an expanding industry with a lot of exports nationally, and Senator Murkowski and I passed a bill, we finally got the rules done, to speed up the approval process for their 

safety additions, and I’m hoping you will continue to help us. It’s 

an important manufacturing industry to America. 

Secretary CHAO. If confirmed, I look forward to working with you 

on that. 

Senator KLOBUCHAR. OK. So now we go to snowmobiles. You 

know, we’ve got to end good here. The Recreational Trails Program, 

it’s extremely important. It funds off-highway vehicles, snowmobiles, and non-motorized trail uses. It’s one of these issues where 

we’ve actually had the cross-country skiers and the bicyclists working with the motorized vehicles. It derives its funding from gas 

taxes paid by off-highway vehicle users when they fill up their machines. And I hope that you will work with us going forward on 

that issue as well. It’s maybe not the first thing you thought of 

when you got up this morning, but that’s been a very—a positive 

program for recreational use. 

Secretary CHAO. I look forward to working with you on it. Thank 

you. 

Senator KLOBUCHAR. OK. Last, just thoughts on rail safety. We 

have got a lot of issues in our state. You and I talked about the 

fact that we are at this hub where the oil is coming in from North 

63 

Dakota and some from Canada, and we’re glad that we’ve had more 

production in our country, but that, combined with the biofuels, 

we’ve had a number of derailments. I look at Senator Baldwin in 

Wisconsin as well. And just your thoughts on that, rail safety. 

Secretary CHAO. Rail safety is number one. There is no question 

about that. And so safety will continue to be the number one priority and responsibility of the Department of Transportation. And 

if confirmed, I look forward to working with you—we’ve talked 

about this during our courtesy visits—and with all Members of the 

Committee and the Congress on this very important priority. 

Senator KLOBUCHAR. OK. Thank you. 

Secretary CHAO. Thank you. 

Senator KLOBUCHAR. And I will put some questions on the record 

on distracted driving. I’ve been leading those efforts, and we’ve had 

some success. It’s a very hard issue, but overall nationally, a 7 percent increase in traffic fatalities from 2014 to 2015. Secretary 

LaHood, actually this was one of his top priorities when he was in, 

and I hope that we can reinvigorate those efforts and make this a 

top priority. 

Secretary CHAO. Thank you. 

Senator KLOBUCHAR. Thank you. 

The CHAIRMAN. Thank you, Senator Klobuchar. 

Senator Fischer. 

STATEMENT OF HON. DEB FISCHER, 

U.S. SENATOR FROM NEBRASKA 

Senator FISCHER. Thank you, Mr. Chairman. 

Welcome, Madam Secretary. It is a pleasure to see you today, 

and I want to add my congratulations on your nomination. 

I appreciated you coming in for a private meeting that we had 

in our office, and I thought we covered a variety of issues, and I 

just want to touch on a few of those today with you. 

Of course, on everybody’s mind is the Highway Trust Fund. 

When you hear the President-elect speak about infrastructure and 

putting money into infrastructure, part of that, I would assume, 

would go to the Highway Trust Fund. We are looking at a shortfall 

of $107 billion over the next 5 years following the expiration of the 

FAST Act. And what are your thoughts on addressing that longterm solvency of the Federal Highway Trust Fund? 

Secretary CHAO. The Highway Trust Fund is in bad shape. Because of the declining miles—because of the increased miles per 

gallon that cars normally get, the gas tax, which was 90 percent 

of the funding of the Highway Trust Fund, is not as great a funding source as it used to be. And the Fund annually spends $47 billion, takes in $37 billion, that’s a $10 billion deficit every year. You 

can’t make that up on volume. 

So this is a huge issue. And the pay-fors for any infrastructure 

proposal are all challenging and all have their particular champions and also detractors. 

So once again, if confirmed, I look forward to working with this 

Committee and also the Congress on this priority, among the top 

priorities, of this President-elect. And the Highway Trust Fund will 

go bankrupt by 2021 if we don’t do something. So we all know this. 

64 

Senator FISCHER. Yes. Yes. This is an issue I worked on in my 

state as a state senator. We were successful in thinking outside the 

box on some policy issues, and in a couple weeks, we’ll be putting 

forward a proposal here to start that conversation on how we’re 

going to be funding our highways. 

Another thing that I’ve worked on in this Committee, Secretary 

Chao, is addressing and reduce the growing number of those unnecessary regulations that we face. And during the last Congress, 

the Subcommittee on Surface Transportation, that I chaired, held 

nearly 20 hearings and events on how best that we can keep goods 

moving across this country and do so safely. So I was pleased to 

be able to have language in the FAST Act to reform the Federal 

Motor Carrier Safety Administration’s regulatory process by making it more transparent and responsive and open to input from our 

stakeholders. 

I would ask you, what do you think is the best way that we can 

keep passengers and freight moving across our system? And how 

do you plan to approach looking at regulations that many consider 

to be a burden on how we are moving goods and people across this 

country? 

Secretary CHAO. You and I had a long conversation during our 

courtesy meeting, which I’m very grateful that you granted, about 

many of the transportation issues in your state, and it was very 

clear from your career in the past, as part of the state legislature, 

that you are quite an expert on all of these transportation issues 

yourself. So it was a real benefit for me to learn from you and hear 

your points and also see your passion for protecting the interest of 

your state. 

What was your question? I’m so sorry. 

Senator FISCHER. How are we going to—— 

Secretary CHAO. Oh, the regulations. Sorry. So on the regulations, I think the great challenge for all regulators is to balance the 

ultimate goal obviously of safety, but also to make sure that the 

regulations that are enacted are based on sound science, on true 

data, and that the underlying analysis is solid. That is the best 

way that we protect consumers and passengers. 

Senator FISCHER. Right. I agree with you on that. Another point, 

we’re looking at shortages with regards to commercial truck drivers, with airline pilots, and that has a direct impact, not just on 

our transportation system, but on our country as a whole, when 

we’re not able to move people, when we’re not able to move and see 

products and see commerce grow. So I look forward to working 

with you on that as well. 

My time is up. But I thank you for being open to all of the issues 

that your portfolio is going to encompass when you take over the 

Department as the new Secretary. Thank you. 

Secretary CHAO. Thank you. 

The CHAIRMAN. Thank you, Senator Fischer. 

Senator Moran. 

STATEMENT OF HON. JERRY MORAN, 

U.S. SENATOR FROM KANSAS 

Senator MORAN. Mr. Chairman, thank you very much. 

65 

Elaine, welcome to the Committee. Robba joins me in offering our 

congratulations to you on this nomination. 

Secretary CHAO. Thank you. 

Senator MORAN. And while I’ve always been an admirer of your 

abilities, it’s your nieces that I’m most admiring this morning. They 

are well behaved, apparently are seemingly attentive to what’s 

being said here, and perhaps the only people in the audience that 

seem to be interested in what Members of the U.S. Senate are saying. 

[Laughter.] 

Senator MORAN. So I appreciate the suggestion that what we’re 

saying is of interest to them, and I would commend your sister and 

her husband for raising apparently good daughters, so congratulations to your family as well. 

Secretary CHAO. Thank you. 

Senator MORAN. Senator Nelson raised the topic of privatization 

of air traffic control. One of the justifications that’s been used, and 

I’m very concerned with that privatization, so I join Senator Nelson 

in that regard, but one of the justifications that proponents of that 

privatization have utilized is the failure of the FAA to in a timely 

manner implement NextGen, to bring the latest technologies and 

safety to our air traffic control system, and the knock is that by the 

time the Department of Transportation completes its work on 

NextGen, its technologies will already be outdated. 

So my question is maybe you can help us eliminate one of the 

reasons that people advocate for privatization by telling us how we 

could have faster, quicker, more efficient implementation of technologies designed to improve our air traffic control system and the 

safety that it provides. 

Secretary CHAO. When I was Deputy Secretary in President 

George H.W. Bush’s administration, and the organization of the air 

traffic control was a huge issue then. A lot has changed, a lot has 

been done, but more needs to be done. Obviously, as times change 

and the lag in the ability of the organization to keep up with the 

modernization that is required, this is a huge issue. 

I am very much aware of those who are for it, those who are 

against privatization. I know that you, with your state of many 

general aviation interests, have not been a proponent. 

We need to have a national discussion about this. And so I look 

forward to working with the Congress, especially with the FAA reauthorization bill coming up on September 30 of this year, on addressing many of these very important aviation issues if I’m confirmed. 

Senator MORAN. Well, Ms. Chao, I appreciate that, and am certainly interested in working on the privatization issue. I would just 

reiterate my belief that one of the ways we can diminish the demand for a different air traffic control system is to get the technology in place necessary for the latest updated advanced air traffic 

control system even under its current governance structure. 

You’re right. Wichita, Kansas, is the air capital of the world. We 

manufacture more general aviation aircraft than any place in the 

country, and that would give me the opportunity to highlight the 

importance of something that’s developing today, and that involves 

the certification process, the method by which we get new aircraft 

66 

to market. And getting that done in a timely fashion enables Wichita, Kansas, and our manufacturers, and the aerospace and aviation industry in our country to compete in a global market. 

Reforms that encourage the full use of Organization Designation 

Authorization, ODAs, is important to us, meaning that it is moving 

in a direction of self-certification. The FAA has been helpful in recent times in accomplishing that, and I would bring that issue to 

your attention. 

The FAA and industry are moving toward a risk-based safety 

oversight approach, and I would encourage you to encourage the 

FAA to continue that process so that we can get the latest technologies in our manufacturing sector utilized, new products in the 

market, and better able to compete in a global economy. Any reaction or response? 

Secretary CHAO. I would certainly hope to do that. Yes, thank 

you. 

Senator MORAN. I appreciate that. I would only mention because, 

as was indicated earlier by one of my colleagues, as the clock has 

already turned to red that his time was fleeting, my time is fleeting. And I would be interested in visiting with you because the 

Subcommittee that I’ve chaired on this Committee in the past dealing with the vehicle-to-vehicle technology, and we have jurisdiction 

over NHTSA, and we look forward to working with you and hearing your views on how we can implement safety in the latest technologies. 

There seems to be a theme here in my conversation, which is 

technology provides us great advantages, and we want to work 

with you to see that it is readily available to the industry and to 

the consumer. 

Secretary CHAO. I look forward to working with you if confirmed. 

Senator MORAN. Thank you, ma’am. 

The CHAIRMAN. Thank you, Senator Moran. 

And following up on that point, I think the reason that there has 

been such a discussion about FAA and reform is because the promised benefits of NextGen have not been realized. 

Secretary CHAO. I understand. 

The CHAIRMAN. And there is plenty of documentation to that effect. And you’ve indicated an open mind about how to proceed. I 

have an open mind, too. But it’s going to require that we work together. And it’s certainly important that travelers, taxpayers, and 

people in the aviation stakeholder community realize the benefits 

of this and make sure they’re getting a good return on the billions 

that have already been spent. 

Senator NELSON. And, Mr. Chairman, let me just chime in on 

that issue. What we’re doing with NextGen is we’re basically going 

to have air traffic control off of satellites instead of radars, and as 

a result, you can vector an aircraft much more efficiently to its designated airport. At the same time, aircraft can be aware of each 

other so that you’ve got real-time awareness in air traffic control 

in the cockpit. The technology is there, we just need to implement 

it. And those contracts are being vigorously performed in the FAA. 

I just wanted to add that, Mr. Chairman. 

The CHAIRMAN. Senator Nelson. 

Senator Blumenthal is back. 

67 

STATEMENT OF HON. RICHARD BLUMENTHAL, 

U.S. SENATOR FROM CONNECTICUT 

Senator BLUMENTHAL. Thank you very much, Mr. Chairman. 

Welcome, Ms. Chao, and thank you for your past service. I look 

forward to working with you. And I might just say, although Senator McConnell has left, he and I have something in common, 

which is we both married above ourselves. 

[Laughter.] 

Senator BLUMENTHAL. And my wife, Cynthia, is a friend and admirer of yours. And welcome to our Committee. 

Secretary CHAO. Thank you. 

Senator BLUMENTHAL. I look forward to working with you on 

issues that concern investment in infrastructure. You and I have 

talked a little bit about the need to modernize and upgrade our deteriorating railroads and bridges. 

We see this issue particularly in Connecticut on our roads and 

bridges, but also the safety and reliability and speed of our rail system, which needs to be significantly improved, and that requires 

real investment, public resources, not just tax credits. 

And you and I have talked about the need for a public-private 

partnership. I hope that we can work together to make that happen 

and build a bipartisan consensus in favor of it, as I think is very 

possible. 

I also think that safety in our other kinds of transportation is 

very important. As you well know, a lot of the recommendations 

made by the agencies that will be under your jurisdiction very simply have not been implemented according to the latest numbers 

from the National Transportation Safety Board. There are hundreds of open safety recommendations, 305 at the Federal Aviation 

Administration, 61 at the Federal Railway Administration, 91 at 

NHTSA. These recommendations are essentially potentially lifesaving for people who are affected by them, and the agencies have 

failed to fulfill recommendations. 

And so my first question to you is, What are your plans to close 

those recommendations and make sure that they are implemented? 

Secretary CHAO. As mentioned, safety is a top priority of the Department. If confirmed, one of my first tasks will be to get briefed 

on all of these outstanding issues, and I look forward to working 

with you and your Committee on all of this. 

Senator BLUMENTHAL. I know there’s a tendency sometimes to be 

dismissive about these kinds of recommendations. I hope that you 

will make them a priority. 

Secretary CHAO. If confirmed, I will look at them very seriously. 

Senator BLUMENTHAL. And make sure that they are implemented, because I know you’re a doer, and these recommendations 

need doing. 

Let me turn to one of the areas where technology is tremendously important. You mentioned technology in your opening statement. Positive Train Control, not a new technology, it has been 

around for many years. The deadline for implementing it was 2015, 

which then was extended until 2018, over opposition from a number of us, including myself, and, again, you and I have talked a little bit about it. Would you plan to make sure that that deadline 

68 

is fulfilled and that, in fact, Positive Train Control, which is a lifesaving technology, is implemented by 2018? 

Secretary CHAO. If confirmed, I hope to get briefed on this, and 

if there’s a deadline, as you mentioned, of that particular date, I 

would look at it very seriously. And, again, I want to get an upto-date briefing on what’s going on, on that, and I did promise you 

that I would do that. 

Senator BLUMENTHAL. You had promised. 

Secretary CHAO. Yes. 

Senator BLUMENTHAL. And I hope the promise again is not just 

to be briefed, but also to take action, because we’ve seen in the 

Northeast, the consequences of the failure to implement it in a 

number of the rail catastrophes that have happened, at Spuyten 

Duyvil in Pennsylvania, and others where these disasters could 

have been stopped with Positive Train Control. 

One last question relating to the plan recently issued by the Federal Railway Administration, which would in fact reroute some of 

the rail going through Connecticut in bypasses, through areas like 

Old Lyme, where they would have disastrous effects on the environment, culture, historic landmarks, and quality of life. 

I would ask your commitment that you will review this plan and 

change it in response to the overwhelming outcry from people in 

Connecticut that the recently implemented FRA plan simply is unworkable, and it is also unaffordable. 

Secretary CHAO. You and I have spoken about this before during 

our courtesy visit, and I will certainly review this very carefully if 

confirmed. 

Senator BLUMENTHAL. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Blumenthal. 

Senator Schatz and Senator Sullivan. 

STATEMENT OF HON. BRIAN SCHATZ, 

U.S. SENATOR FROM HAWAII 

Senator SCHATZ. Thank you, Mr. Chairman. 

Thank you, Secretary Chao, and thank you to your family for 

their commitment to public service and their commitment to you. 

This morning was historic, at least for me; it was the first time I 

saw Leader McConnell hug anyone. 

[Laughter.] 

Secretary CHAO. I’m glad it was me. 

[Laughter.] 

Senator SCHATZ. So, Secretary Chao, we have a serious safety 

crisis on our roads. More than 35,000 people died in crashes in 

2015. As Senator Klobuchar mentioned, that’s a 7 percent increase 

over the previous year, and the largest increase in 50 years. The 

early estimates show that that number will surpass 40,000 in 2016. 

And these are not just car-on-car accidents, we’re also failing 

those that walk along the roads. In 2015, 10 percent of all roadway 

deaths were pedestrians. Seniors are 50 percent more likely than 

other pedestrians to be struck and killed by a car, and this problem 

is particularly bad in the state of Hawaii, where we have the unfortunate distinction of having the highest rate of pedestrian fatalities 

among our elderly in the country. 

69 

These deaths are preventable. They’re preventable through the 

implementation of best practices. Senator Heller and I have worked 

on the implementation of Safe Streets, and we worked with the 

current Secretary of Transportation to try to get metropolitan planning organizations, departments of transportation services, and 

state departments of transportation to implement Safe Streets. 

Do we have your commitment to work on pedestrian safety and 

the implementation of a Safe Streets agenda? 

Secretary CHAO. We’ve talked about this as well. I look forward 

to working with you on that if confirmed. 

Senator SCHATZ. Thank you, Secretary. Following up on Senator 

Wicker’s question regarding the Jones Act. It is bipartisan consensus, as you know. It’s the foundation of the domestic U.S.-Flag 

maritime industry. And it is also essential to our national security. 

U.S.-Flag Vessels and American Merchant Marines support our 

warfighters, transporting medical supplies, food, and other cargo to 

troops in combat. 

The military’s confidence in a fleet of U.S.-Flag ships to move 

cargo to troops deployed in places like Iraq and Afghanistan allow 

the Navy to save limited cargo space for weapons, fuel, and other 

essential goods, and that’s why every Secretary of Defense, every 

Secretary of the Navy, for generations has supported the Jones Act, 

and with the usual caveats. 

But understanding that you have a unique role as the former 

MARAD Administrator, former Deputy of Transportation, and the 

former Secretary of Labor, and your private sector experience in 

the shipping context, can you talk about the importance of the 

Jones Act from both a national security standpoint and from an 

economic security standpoint? 

Secretary CHAO. The Jones Act is a very important program that 

secures national security. We have seen two wars now in the last 

25 years. I’m of an age where I have seen two wars in pivotal areas 

of the world. If we did not have the Merchant Marine assets to assist the great halls on these campaigns, the military naval campaigns, our country would not have been able to supply our troops, 

bring the necessary equipment. All of that is not done on the gray 

bottoms, gray hull bottoms, but, rather, Merchant Marine bottoms. 

This is an area that I’m very familiar with, and I have great interest in as well. And the national security provided by the Merchant Marine fleet of this country is part of the way that we are 

able to be effective overseas and protect this country. So I am a 

great proponent of the U.S.-Flag Merchant Marine fleet. 

Senator SCHATZ. Thank you very much. And my final question is 

just following up on our conversation during our courtesy visit. Hawaii is the most isolated populated place on the planet, and so our 

unique geography and topography, the fact that we’re an island 

state, means that our maritime needs, our aviation picture, our 

broadband infrastructure needs, and our surface transportation 

needs are different, and not dissimilar to Senator Sullivan’s unique 

situation, representing the state of Alaska. 

We would just ask for your continued understanding both as 

we’re crafting statutes, but also as you make rules, and also as you 

interpret existing rules and statutes, and even procedures, to unVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00075 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
70 

derstand that every place says they are different, and that is only 

true in Hawaii and Alaska. 

[Laughter.] 

Secretary CHAO. We’ve talked about this, and I appreciated your 

sharing with me the concerns of your state. I look forward to working with you. 

Senator SCHATZ. Thank you very much. 

The CHAIRMAN. Thank you, Senator Schatz. 

Senator Sullivan. 

STATEMENT OF HON. DAN SULLIVAN, 

U.S. SENATOR FROM ALASKA 

Senator SULLIVAN. Thank you, Mr. Chairman. 

And, Madam Secretary, congratulations. I certainly agree with 

the Chairman that you are an ideal candidate for this position. My 

wife, Julie, sends her congratulations as well. 

Secretary CHAO. Thank you. 

Senator SULLIVAN. And I want to begin by thanking you for your 

exceptional service to our Nation. When you look at your background, it’s just remarkable what you’ve done for this country. 

And I also just want to mention that you and your family, including your nieces, are a great example for all Americans, and I hope 

a lot of people are watching to hear the story of your family. It’s 

very powerful. 

I appreciate your focus on modernizing the transportation system, but I really want to emphasize that it’s going to be very difficult to do that without modernizing the Federal Permitting System. And you and I have had the opportunity to discuss some of 

these challenges, but just last year in a hearing in this Committee, 

we had the head of the Seattle Airport, Sea-Tac Airport, when he 

talked about it took 4 years to build the new runway at Sea-Tac, 

but 15 years, 15 years, to get the Federal permits to start building. 

There are stories all across the country that I know you’re familiar with. In Alaska, we’ve had many nightmare scenarios. It took 

20 years almost to permit a gold mine in my state. 

And, you know, our country used to be the envy of the world in 

terms of building infrastructure projects responsibly on time. The 

1,500-mile Alaska-Canada Highway was built in under a year, and 

now in America it takes on average 6 years to get a permit for a 

bridge. 

So if we’re looking at infrastructure, the major infrastructure initiative, which I support, if we’re not also undertaking major Federal permitting, I think that we’re not going to be successful in our 

infrastructure initiative. Do you see this as a major problem, and 

will you work with us both from your regulatory authority standpoint and legislation that we would undertake here and on the 

EPW Committee to try to address this? 

Secretary CHAO. Yes, I would. Senator, you wrote a very, very 

good article in the Wall Street Journal about this particular issue, 

and what we hear from many investors and outside interests, just 

various stakeholders, is the duplicative and bureaucratic permitting that sometimes may occur. We want to make sure that the 

regulatory process works, but that also means getting rid of some 

of the redundancies and some of the unnecessary burdens. 

71 

So you’ve certainly been a leader on that, and I look forward to 

working with you. 

Senator SULLIVAN. Well, we look forward to working with you as 

well. I would note that both the EPW Committee former Chairman 

Inhofe and Chairman Thune, we’re all very committed to that. 

One other area—and we want to work with you. And in that 

Wall Street Journal op-ed that you mentioned, I appreciate you 

commenting on that, but we are working on a major permitting reform bill called the ‘‘Rebuild America Now Act,’’ and I certainly 

look forward to working with you and the rest of the Trump administration on those kind of permitting reforms. 

One other area I just wanted to mention, we have all these opportunities with regard to energy in this country. We’re once again 

the world’s energy superpower, and yet the Obama administration 

has clearly politicized and delayed the permitting of pipelines. The 

Keystone XL pipeline took 8 years until the President finally pulled 

the plug on that. And the irony is, is that pipelines are much more 

safe than delivering by rail. 

So can we get your commitment to help us streamline the permitting of pipelines and to depoliticize what has become a very politicized permitting process with the current administration on that 

important area of permitting? 

Secretary CHAO. I look forward to working with you on this 

issue, as we’ve discussed, if I get confirmed. 

Senator SULLIVAN. Thank you. And, finally, I will turn a little 

bit, as Senator Schatz had mentioned, to talk about Alaska and 

some of the rural areas. You know, we’re a very resource-rich but 

infrastructure-poor state. 

At almost 600,000 square miles of land, Alaska is more than two 

and a half times the size of Texas. We like to say in Alaska, if you 

split Alaska in two, Texas would be the third largest state in the 

country. But we only have 10,400 miles of paved roads compared 

to Texas, which has 313,000. Another comparison, Alaska is 118 

times the size of Connecticut, but we have less than half the roads 

that Connecticut has. 

So if confirmed, will you commit to come to Alaska with me to 

meet with my constituents to help us address the unique challenges and opportunities with regard to infrastructure, roads, 

bridges, pipelines in Alaska that are not only important to my constituents, but really important to the Nation? 

Secretary CHAO. I would be delighted to. In our courtesy meeting, Senator, you mentioned how important your office is in terms 

of convening important stakeholders to address these issues. And 

I’ll be more than glad to help convene and also to help and to participate in those as well. 

Senator SULLIVAN. Great. Thank you. Thank you again for your 

great service to our country. 

The CHAIRMAN. Thank you, Senator Sullivan, and the newly 

minted Chairman of the Ocean Subcommittee. So we’re all for more 

roads in Alaska. 

Next up is Senator Peters followed by Senator Inhofe. 

72 

STATEMENT OF HON. GARY PETERS, 

U.S. SENATOR FROM MICHIGAN 

Senator PETERS. Thank you, Mr. Chairman. 

Secretary Chao, it’s great to have you here. And I’ll concur with 

my colleagues that it’s a privilege to have you testifying before us 

today. 

Secretary CHAO. Thank you. 

Senator PETERS. I also appreciate your story and your family’s 

story. It’s a true American story and shows the power of immigration and how immigration has brought many wonderful people to 

our shores to pursue their version of the American dream. So 

thank you for being an embodiment of that. 

Secretary CHAO. Thank you. 

Senator PETERS. I also want to thank you for the time which you 

spent with me in my office talking about a variety of issues. And 

I think it was fairly clear at the end of the meeting you know that 

I am focused primarily on automobiles, being from Michigan, and 

some of the incredible things that are going to be happening when 

it comes to autonomous vehicles, or as I refer to them, as self-driving vehicles. 

‘‘Autonomous’’ sounds a little sinister; it sounds like you get in 

the car and it just takes you where it wants to go, it’s autonomous. 

You actually will tell it where to go, it’s going to drive for you, and 

will have incredible benefits when it comes to things such as safety. We heard from Senator Schatz and others. 

I was just at the Detroit Auto Show before coming here. The 

whole focus of that is mobility. We think, NHTSA believes, we can 

eliminate nearly all auto crashes. Eighty percent of auto crashes 

could be eliminated, saving tens of thousands of lives. This is 

transformational technology on par with the first car to come off 

of the assembly line, it’s that big. 

But as we talked about, it is also an area where there is intense 

competition, and who gets there first with this technology from an 

international perspective will have a significant competitive advantage. We know the Asians are moving on this very aggressively. We 

know the Europeans are moving very aggressively. 

We also know our American auto companies are doing a phenomenal job. In fact, Ford Motor Company has announced that 

they will have a production vehicle by 2021, a mass production vehicle, a self-driving vehicle, available. That’s roughly 5 years. We 

may actually see that accelerating. 

So I want to just touch on a couple of issues. We know that 

speed, though, is critical. And we’ve got tough competition, as I 

mentioned, so we need to move this forward. One aspect that we 

talked about is test facilities to test these technologies. 

Secretary CHAO. Yes. 

Senator PETERS. We are in a competition right now with a number of sites around the country. There may be multiple ones that 

are selected as early as next week to do this kind of testing. I 

would hope that you would want to be, will be, fully engaged after 

those facilities are selected to work on collaborative ways that we 

can work with the Federal Government to help industry fully use 

those facilities to test vehicles and get your thoughts on that. 

Secretary CHAO. I would certainly want to do that. 

73 

Senator PETERS. I appreciate that. And the other aspect is Federal policy. These technologies are going at an exponential rate. 

Federal policy tends to move much slower than that. Do you have 

some specific ideas as to how we speed that process up, but understanding, as you have said over and over again, safety is paramount? 

The public already will be a little bit concerned about a self-driving vehicle, and so any kind of accidents that occur will have a tremendous public blowback. We can’t have that. The industry doesn’t 

want it. We certainly can’t do that. But on the same token, we need 

to be able to allow innovation to go and test vehicles not just on 

test tracks, but getting them out on the road. Any thoughts as to 

what you would be open to see on that? 

Secretary CHAO. I’m very open to working with you on it. We’ve 

talked about it. You’re obviously a tremendous proponent for your 

state and for the manufacturers that are in your state. I thought 

it was very interesting, with Senator Heller here as well, that you 

talked about testing grounds and how sometimes snow and cold 

weather are actually advantages in testing grounds. 

But what we are seeing is obviously technology outstripping the 

consumer ability to accept and understand some of the technology. 

So I think it behooves all of us, as a country, as a society, to bring 

greater familiarity and greater comfort for those who are passengers and other stakeholders who will be eventual users of this 

technology to understand the benefits, the limitations, and also 

what it means going forward in the future. So it requires a national discussion, and I look forward to doing that with you. Thank 

you. 

Senator PETERS. Well, I will look forward to that as well. 

One final question, and it’s another important issue for me. Back 

in 2005, following Hurricane Katrina, President Bush and the Department of Labor, which was under your leadership at that time, 

suspended Davis-Bacon provisions on Federal contracts in the Gulf 

Coast. This action was very concerning to me, as I know many others, because even a temporary suspension of Davis-Bacon will drastically reduce wages to American workers who are tasked to rebuild their community. 

Now, I know President-elect Trump has stated that his administration will follow a mantra of ‘‘Buy America, Hire America,’’ and 

we hope that part of that mantra also means that there are fair 

wages paid to those Americans who are doing that work. 

And that’s why just a final question, Can you commit now to us 

to the application of Davis-Bacon for all Department of Transportation contracts issued under your leadership? 

Secretary CHAO. Well, Davis-Bacon is currently the law, and unless the Congress changes that, it is the law. 

Senator PETERS. So the suspension we saw in the past is not—— 

Secretary CHAO. The suspension in Katrina was very, very extraordinary. 

Senator PETERS. Right. 

Secretary CHAO. It was extraordinary circumstances in which we 

needed to get rebuilding going at a very fast rate to enable obviously very distressed communities to come back to life. 

74 

Senator PETERS. So you support the basic foundation of DavisBacon as well, and that’s something you will continue to support 

as Secretary? 

Secretary CHAO. Well, as I mentioned, Davis-Bacon is the law, 

and will be the law unless the Congress changes it. 

Senator PETERS. Right. Well, thank you. I appreciate that. 

The CHAIRMAN. Thank you, Senator Peters. 

Senator Inhofe and then Senator Baldwin. 

STATEMENT OF HON. JIM INHOFE, 

U.S. SENATOR FROM OKLAHOMA 

Senator INHOFE. Thank you, Mr. Chairman. And I say to you and 

the Ranking Member that I am just delighted to be on this Committee, and I’m looking forward to it. 

You know, I think, keep thinking, last night I was with you and 

your family, your daddy, how much—how popular—how excited 

your daddy is right now—— 

[Laughter.] 

Secretary CHAO. Thank you. 

Senator INHOFE.—thinking about the things that are going on 

and that he is responsible for you and your performing. And your 

cute little nieces, I guess they are, I have really enjoyed. 

Secretary CHAO. Yes, Miranda and Jessica. 

Senator INHOFE. Yes, yes, they’re great. 

[Laughter.] 

Senator INHOFE. Well, anyway, but I say that because, as you 

know, I’ve got 20 kids and grandkids. You’ve got some more work 

to do, but that’s all right. 

[Laughter.] 

Senator INHOFE. Let me share a couple of things with you that 

perhaps even you didn’t know. I think you probably did know this. 

I think a lot of the Members of this Committee did not know this, 

that I’ve been on a committee that’s like this, Environment and 

Public Works has a lot of jurisdiction here also in transportation, 

for 21 years. Prior to that, 8 years on the T&I Committee in the 

House of Representatives. So I’ve been around this thing for a long 

time. Our biggest problem used to be when I was in the House that 

we had too much surplus in the Highway Trust Fund. 

Secretary CHAO. Not anymore. 

Senator INHOFE. Yes. And you outlined in your opening statement why that changed. But that was actually a fact. In fact, I remember when Bill Clinton was first President of the United States, 

he was looking for some money to rob out of some of their accounts, 

and he took $16 billion out of the Highway Trust Fund. So those 

days are behind us, and we can’t go back to them, but nonetheless, 

it’s kind of fun to review the history. 

Let me share something else. And then I’m going to ask unanimous consent that two articles be made a part of the record this 

morning. 

That’s a UC, Mr. Chairman. 

The CHAIRMAN. Without objection. 

[The information referred to follows:] 

75 

Occupational Health & Safety—Jan 01, 2009 

WHAT IS ELAINE CHAO’S LEGACY? 

Elaine Chao’s Labor Department was busy as 2008 wound down, giving emergency 

grants to a few states and touting its convictions of 15 union officials in the first 

two months of FY2009 and a 15 percent cut in real terms since 2001 in the department’s huge discretionary budget. The Employee Benefits Security Administration, 

a DOL unit, announced a record $11.9 billion had been recovered for pension and 

other employee benefits plans during the eight years Chao has been Labor secretary. But where was the list of safety and health accomplishments for Chao, who 

took office eight years ago this month and stayed on to become the longest-serving 

secretary of Labor since World War II? She again cited the lowest U.S. injury and 

illness rate on record. 

Here’s how her bio page on www.dol.gov sums up Chao’s achievements: 

‘‘During her tenure, the Department updated the white collar overtime regulations under the Fair Labor Standards Act, which has been on the agenda of 

every Administration since 1977. The most significant regulatory tort reform of 

President Bush’s first term, the new regulations provided millions of low-wage 

vulnerable workers with strengthened overtime protection. In 2003, the Department achieved the first major update of union financial disclosure regulations 

in more than 40 years, giving rank and file members enhanced information on 

how their hard-earned dues are spent. The Department has set new worker protection enforcement records, including recovering record back wages for vulnerable low wage immigrant workers. The Department has also launched comprehensive reform of the Nation’s publicly funded worker training programs, to 

better serve dislocated and unemployed workers. On August 17, 2006, President 

Bush signed the Pension Protection Act, which protects the 44 million workers 

whose retirement security rests upon private sector defined benefit pension 

plans.’’ 

One month after Chao took office in February 2001, Congress and President Bush 

repealed OSHA’s ergonomics standard. She outlined her approach in two early 

speeches in which the chief theme was her interest in finding ‘‘fresh ideas, fresh approaches, and new partnerships to help us prepare the 21st century workforce,’’ she 

said. 

‘‘And if we really are going to protect workers, we must put more emphasis than 

ever before on prevention and compliance assistance—rather than just afterthe-fact enforcement,’’ Chao said March 6, 2001. ‘‘Each time I approve a major 

fine against a company—for safety violations that were discovered after an accident that cost the life of an employee—I can’t help but feel a twinge that if we 

had just worked harder on prevention, we wouldn’t be in the impossible position 

of trying to calculate the value of a lost human life.’’ 

‘‘So while I am committed to enforcement, I believe that the necessary predicate 

to enforcement must be better prevention. At the same time, I think the Department of Labor has a broader mission that I believe it can fulfill: to become the 

Department of the Workforce, contributing to America’s economic development 

by investing in its most precious capital resource: its workers.’’ 

Eight years later, on Oct. 2, 2008, her speech at a U.S. Chamber of Commerce 

‘‘Labor Policy at a Crossroads’’ event was devoted to attacking the union-supported 

Employee Free Choice Act and urging Congress not to embrace a European-style 

interventionism that tells employers how they must provide pensions and health 

care to their workers. She talked of ‘‘fostering cooperation between employers and 

workers to update technology, educate and train workers, and fill the jobs of the 

new economy.’’ 

Chao headed a cabinet department longer than anyone else during George W. 

Bush’s presidency, and she never backed away from his agenda. To some within the 

safety and health community, that’s the problem. 

‘‘It’s almost gotten to the point where, is OSHA even relevant today, and is it having any impact in the workplace?’’ AIHA President Lindsay E. Booher, CIH, CSP, 

asked during a December interview. ‘‘I think ultimately the buck has to stop with 

the [OSHA] assistant secretary and the secretary. They seem to be proud of the way 

the injuries have come down, and I don’t know how factual those [injury numbers] 

are.’’ 

Few U.S. Labor secretaries have equaled the longevity of Chao, the 24th secretary 

thus far. The first person to hold the office, William B. Wilson, served from March 

6, 1913, to March 4, 1921, and the second, James J. Davis, served almost 10 years, 

76 

from March 5, 1921 to Nov. 30, 1930. The most famous secretary was Frances Perkins, who served from March 4, 1933 to June 30, 1945—12 years, the longest tenure 

ever, and through the bulk of World War II, which required the transformation of 

American industry and wrought lasting changes in the U.S. workforce. Her tenure 

also saw the enactment of the bedrock labor laws still in effect, including the Fair 

Labor Standards Act (1938), which dictates the minimum wage and regulates employers’ use of overtime. 

Chao’s resume includes serving as deputy secretary at the U.S. Department of 

Transportation, chairman of the Federal Maritime Commission, and she was a Distinguished Fellow at The Heritage Foundation before Bush nominated her to lead 

DOL. 

She has an MBA from the Harvard Business School and an undergraduate economics degree from Mount Holyoke College. She is married to the U.S. Senate’s Republican leader, Mitch McConnell of Kentucky. 

The Next Secretary’s Priorities 

President-elect Barack Obama nominated U.S. Rep. Hilda Solis, D-Calif., to replace Chao in the new administration. Chao’s successor faces big challenges, given 

the U.S. economy’s problems and rising unemployment. AIHA President Booher said 

he’d like the new secretary to reaffirm that health and safety excellence confers a 

competitive advantage to a business—and then turn that into action by requiring 

U.S. companies to write and implement their own safety and health management 

plans. 

ASSE voiced a similar opinion Dec. 19 and said it had discussed its goals for the 

new administration’s safety and health approach with the Obama transition team. 

‘‘OSHA should encourage employers to take proactive responsibility for safety and 

health through risk-based regulatory approaches and compliance assistance resources,’’ ASSE advised. ‘‘Europe, Japan, China and committed U.S. employers already use such approaches. OSHA is falling behind the world in not incorporating 

risk-based safety and health management approaches.’’ 

‘‘We’ve got to update the PELs,’’ Booher added. ‘‘We can’t have credibility with 

PELs written in 1968. That’s embarrassing. This is a political problem, not a technical problem.’’ 

Singapore and other Asian countries are writing better exposure standards, he 

noted. Asked whether the United States is world class in safety and health, he answered, ‘‘I think we’re saying it, but we’re just not walking the talk.’’ 

Solis’ congressional record and Obama’s campaign statements indicate they will 

break sharply from some of Chao’s priorities. Solis supports the Employee Free 

Choice Act, a favorite bill of organized labor that is anathema to employer groups. 

She supports equal pay for women, ensuring health care for Latinos and other underserved minorities, and enacting a U.S. ban on asbestos in any product. Like U.S. 

Rep. George Miller, a fellow California Democrat who chairs the Education and 

Labor Committee, Solis condemned DOL’s December 2008 rule changes in guest 

worker programs as a mean-spirited attempt to cut farm laborers’ wages and rights. 

(DOL said the H–2A rule changes, set to take effect Jan. 17, protect farmworkers’ 

wages by setting them at local prevailing wage rates.) 

Solis, who came to Congress in 2000 and won five terms, might have been a good 

choice for EPA administrator. She served three terms as chair of the Congressional 

Hispanic Caucus’ Task Force on Health and the Environment and was vice chair 

of the House Environment and Hazardous Materials Subcommittee, which is a subcommittee of the House Committee on Energy and Commerce. 

She and Chao might agree on the necessity of training America’s workers for the 

21st Century. Solis is the author of the Green Jobs Act and will champion ‘‘green 

jobs,’’ as Obama has. 

Senator INHOFE. All right. These articles are articles that were 

very complementary to you when you had your previous Secretary 

position of Labor. And they talk about how you got on the job. I 

wouldn’t bring this up except it’s in writing here, and on virtually 

the first day, you got everybody in there and said, ‘‘This is what 

we—these are our problems, these are going to be our solutions, 

and we’re going to stay on top of them,’’ and you never slowed 

down from the very beginning. 

Secretary CHAO. Thank you so much. 

77 

Senator INHOFE. And I would hope and would ask that you do 

the same thing in this job. And I do happen to know, because 

they’ve contacted us, that in the audience here we have people who 

were strong supporters of you and worked for you during those 

years. They’re all gone and doing grand things now, but they still 

have that allegiance and that love for you. 

In fact, I have to say this, in the years that I’ve been here, and 

that’s 30 years now, I’ve never seen anyone come into, get the nomination for a position, that people loved more than you. There has 

got to be a reason for that. 

All right. Let me—a couple of specific things that I do want to 

get in, and one is we’ve been talking about the big issue, the privatization, and all this. I think I might be the only active commercial pilot on this Committee, and so I deal with this. And on controllers, I know that there are other options out there, as have been 

pointed out by the Ranking Member, but they’ve done a great job, 

and we need to make sure that we do this thing right. 

I see as a problem, just an observation to me, my communications normally with the general aviation community, because I’ve 

been involved in it for so many years, but it just seems to me that 

there is not a lot of communication going back and forth, and I 

would just suggest, judging from your past performance, that one 

of the first things you might do is get them all in one room and 

talk about it. It’s surprising how sheltered people are in their own 

opinions. Just a thought. What do you think about that? 

Secretary CHAO. Thank you very much for making that suggestion. And obviously if confirmed, the convening power of the Secretary of Transportation is considerable—— 

Senator INHOFE. Yes. 

Secretary CHAO.—and that certainly could be put to good use in 

convening these various stakeholders to talk about an important 

issue like this. 

Senator INHOFE. Yes. One of the things that has not been mentioned so far, and a lot has been mentioned during this, is the use 

of drones and how significant that is now. It started out, in my experience, with them in the House Armed Services Committee, then 

the Senate Armed Services Committee. And, of course, we had 

some provisions put in the FAA bill to facilitate the use of drones, 

areas like pipelines and other areas. And I know this is going to 

be one that is going to be of interest to you. 

One of the inhibiting factors in drones is all of the overregulations that are there. Do you, number one, agree with that? And do 

you have plans to attack these regulations pretty quick in your 

service? 

Secretary CHAO. You know, the drones started out, as you mentioned, with the Department of Defense. It’s an emerging technology. There are those who see the benefits of commercializing 

them for various uses. It’s transforming the way we work, the way 

we do commerce. 

There are also others who are very concerned about privacy 

issues, security issues. And again, for going forward with an 

emerging technology as important as this, with such vast implications for our future, I think we need to talk about it. We need to 

78 

have, again, a national consensus on where we’re going. State-bystate patchwork is of concern. 

Senator INHOFE. Right. 

Secretary CHAO. And what does that mean for Federal regulation? So I look forward to working with the Committee and also 

with the Congress on the issues. 

Senator INHOFE. That’s great. And my time is expired. So for the 

record, if you would address something that hasn’t been addressed, 

and that is the energy infrastructure, which hasn’t really been 

given the attention that it should, and perhaps you could give me 

your ideas, give us your ideas, for the record. 

Secretary CHAO. I will be glad to do so. 

The CHAIRMAN. Thank you, Senator Inhofe, and welcome to the 

Committee. 

Senator Baldwin is up next followed by, if nobody else shows up, 

Senator Capito. 

STATEMENT OF HON. TAMMY BALDWIN, 

U.S. SENATOR FROM WISCONSIN 

Senator BALDWIN. Thank you, Mr. Chairman, and I want to 

thank the Chairman and Ranking Member for a warm welcome to 

the Committee. 

I’m delighted, Secretary Chao, that my first Commerce Committee meeting is your confirmation hearing. 

Secretary CHAO. Thank you. 

Senator BALDWIN. Welcome, and thank you again for our visit 

last week. It was helpful to start the conversation. And I actually 

want to start by asking you to speak a little bit more on a topic 

that we discussed when we visited, which is the ‘‘Buy America’’ 

rule. Simply put, I firmly believe that American workers should 

build our infrastructure with American products, and that taxpayers’ money should not be spent on Chinese or Russian steel and 

iron. 

So here in the Senate, I have spent some time working on including a Buy America provision in our recently passed Water Infrastructure bill that was signed into law just a few weeks ago. And 

despite broad bipartisan support in the Senate, Speaker Ryan and 

the congressional Republicans pulled my Buy America provision 

from the Water Infrastructure bill, as we discussed. 

Now, their position against Buy America is at stark odds with 

the President-elect, who has repeated his pledge that there will be 

two rules for rebuilding America’s infrastructure, quote, Buy American and Hire American. 

So if confirmed, you will undoubtedly play a leading role in implementing the President-elect’s infrastructure plan. But it’s noteworthy to me that you have previously been critical of Buy America 

rules. In 2009, you wrote an op-ed describing Buy America as, ‘‘Dig 

a mote around America policy.’’ This is in a Heritage Foundation 

op-ed. And to further quote you, you said, ‘‘Buy America squanders 

America’s credibility on international trade.’’ 

So I want to tease out how this conflict might be resolved. And 

my question is, If confirmed as Secretary of Transportation, will 

you stand with the President-elect and support Buy America? 

79 

Secretary CHAO. The President has made very clear his position 

on this, and it is his policy, and, of course, all cabinet members will 

follow his policy. 

Senator BALDWIN. OK. Well, that’s a welcomed change and welcomed news to me from your past writing on this topic. And I look 

forward to working with you on Buy America language as we move 

forward. 

I do want to note that Buy America provisions have been written 

into the authorizing language of several Department of Transportation grant programs. Every single statute, however, allows the 

Secretary of Transportation wide latitude to waive the Buy America requirement if, quote, it would be inconsistent with the public 

interest. 

And given your past views on Buy America restrictions, I guess 

I would like to hear more about how you would intend to use that 

authority to waive Buy America restrictions, how you would evaluate what is in the public interest, and under what—my specific 

question is, Under what conditions would you see granting these 

waivers, or will you grant them sparingly or frequently? 

Secretary CHAO. I think it is premature at this point for me to 

comment on any of this until I get fully briefed. I have mentioned 

that Buy America is the President’s priority. When you drill down 

to some of the details that you talked about, thank you so much 

for bringing it to my attention, I am not fully cognizant about that. 

So if confirmed, I look forward to getting briefed on all those 

issues. 

Senator BALDWIN. And I look forward to working with you in 

that implementation role. 

Secretary CHAO. Yes, of course. 

Senator BALDWIN. The President-elect pledged to rebuild our Nation’s crumbling infrastructure with a trillion dollar investment in 

transportation, clean water, telecommunications, and other pressing needs, and I welcome that discussion, especially if it includes 

real investments and not just tax credits. 

When we met last week, I mentioned my support for reliable 

broadband infrastructure to ensure access to quality and affordable 

Internet in rural communities, and we have many of those in Wisconsin. 

Additionally, it’s well documented that water infrastructure 

across the country is in need of repair and upgrade, not only to 

avoid the failure and tragedy we experienced in Flint, Michigan, 

but to also meet the growing needs for delivering clean water to 

families and businesses. 

We talked about the Water Council located in Milwaukee, Wisconsin, that is working to find solutions to the Nation’s most difficult and pressing water problems, and I’ve introduced reforms 

that encourage the development and deployment of innovative 

water technology, and I believe these reforms have a place in any 

bold infrastructure investment. So my colleagues and I are eager 

to learn more about the scope of the infrastructure package that 

you will help shape. 

But my final question is, If confirmed, will you work with me on 

an infrastructure package that includes real funding to address 

80 

both the infrastructure challenges and support innovation exemplified by what is occurring in my home state of Wisconsin? 

Secretary CHAO. I will be more than glad to. 

Senator BALDWIN. Thank you. 

The CHAIRMAN. Thank you, Senator Baldwin. 

Senator Duckworth has returned. 

So you’re up next, followed by Senator Capito. 

STATEMENT OF HON. TAMMY DUCKWORTH, 

U.S. SENATOR FROM ILLINOIS 

Senator DUCKWORTH. Thank you, Mr. Chairman. Let me say how 

pleased I am to join you on this Committee. I am looking forward 

to working with you on transportation infrastructure and other 

issues that are critical to the Midwest, and to Illinois in particular. 

Secretary Chao, first let me thank you for the time you took with 

me in my office earlier this week. Your commitment to maintaining 

an open line of communication with me is matched by my commitment to be helpful to you where our interests and those of my state 

are aligned. 

The question I have for you has to do with this new rule from 

the Department of Transportation on the Metropolitan Planning 

Organization consolidation rule. As we discussed in my office, I am 

deeply concerned that this recent DOT rule, in fact, it was passed 

December 20, at a time when you sort of push through rules that 

are problematic and may have some opposition. But it was pushed 

through, and it threatens to disrupt important transportation 

projects in Illinois and throughout all of the Midwest. 

I appreciate that the intent of the initiative may have been to encourage better results through regional cooperation, but, in fact, 

the impact of the new mandate will have unintended consequences 

for some localities and would be absolutely disastrous for Illinois, 

and in particular, the Chicagoland greater metropolitan area. If it 

doesn’t work in Illinois, it’s hard to see how it can work for any 

other metropolitan area in the Midwest and around the country. 

And essentially, the MPO consolidation rule will require, for example, the Chicago Metropolitan Agency for Planning to merge 

with a similar agency in Wisconsin and Indiana, and it would require the Governors that any Federal transportation funding in 

Chicago be approved by the Governors of Indiana and Wisconsin. 

The application of this rule will slow down the delivery of important transportation projects nationwide, and in Chicagoland, give 

other states huge leverage over decisions that are best made by the 

local community. And the converse is true as well for decisions that 

are made in Wisconsin or Indiana or our neighboring states. 

If confirmed, will you work with me to either reverse this rule 

or to, at the very least, make sure that it works for everyone, including Illinois and other metropolitan areas, especially those near 

state borders? 

Secretary CHAO. Senator, thank you so much for that meeting in 

your office, and thank you for bringing this to my attention. So as 

I mentioned, if confirmed, I will be very eager to look into this particular issue. I need to understand it more. So I look forward to 

getting more briefed on MPOs, and I look forward to, of course, 

working with you on it as we go forward. 

81 

Senator DUCKWORTH. Thank you. Thank you. The Department of 

Transportation administers an important small business set aside 

program for minority and women-owned Disadvantaged Business 

Enterprises, commonly known as the DBE. This Federal program 

serves as a guide for state departments of transportation small 

business programs, and, in fact, many of our states’ departments 

of transportation to align directly with whatever the Federal DOT’s 

policies are. 

Many businesses are concerned about the future of the Disadvantaged Business Enterprise program. And as we’re looking to put 

significant investments into the Nation’s infrastructure, I am concerned that women-owned business Disadvantaged Business Enterprises may not have as good an opportunity to bid on these contracts, to bring those jobs into the local economy, to bring those 

jobs into those local enterprises and local entrepreneurs, local 

women-owned businesses, if the DBE program is not emphasized. 

Will you commit to working with me to reassure Illinois’ small 

businesses that DOT will preserve the DBE program and ensure 

that if the President-elect follows through on the promise to invest 

trillions in new public infrastructure projects, small businesses, 

such as women-owned businesses, minority-owned businesses, will 

be included in the initiative? 

Secretary CHAO. I’ve always been a tremendous supporter of 

small businesses. I’ve been a tremendous supporter of communities 

of color, of women. And when I was Secretary of Labor, I was the 

only Federal cabinet Secretary to have gender parity in the executive leadership at the Department of Labor. So these are issues 

that I’ve worked with all my career, and I will continue to work 

on them with you. 

Senator DUCKWORTH. Thank you. That is very important to me. 

These entrepreneurs are especially vital in areas such as rural Illinois because they do hire local people to work on their contracts. 

They are local businesses. They are incredibly important for areas, 

economically depressed areas, such as the South Side of Chicago, 

East St. Louis, and the like. So I look forward to working with you 

on that. 

And I would like to close just by saying that I share many of my 

colleague, Senator Inhofe’s concerns about drones. I, in fact, have 

flown not too far from here and was flying at 2,500 feet when a 

remotely controlled vehicle flew off the nose of my aircraft and 

missed my propeller by about 2 feet. Let me just say it scared the 

living heck out of me, and it should not have been there. And so 

I will be monitoring the drone rules and programs very closely myself. 

But thank you for being here, and I look forward to working with 

you. 

Secretary CHAO. Thank you. 

The CHAIRMAN. Thank you, Senator Duckworth. 

Senator Capito. 

STATEMENT OF HON. SHELLEY MOORE CAPITO, 

U.S. SENATOR FROM WEST VIRGINIA 

Senator CAPITO. Thank you, Mr. Chairman. I would like to thank 

you for allowing me to join the Committee. And I want to thank 

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the Ranking Member as well. I look forward to serving on this 

Committee. 

I am very pleased to be here to see my friend, Secretary Chao. 

My husband, Charlie, sends you his best and congratulations as 

well, particularly because of your past service, but also being from 

neighboring states. It’s nice to see a neighboring Kentuckian here 

today. And thank you for your visit to my office last week. 

As you recall, we recalled in that visit when you were Secretary 

of Labor, you came and visited me and Senator Byrd in West Virginia, and so I would extend another invitation for you to visit the 

great state of West Virginia to talk about transportation issues. 

Secretary CHAO. Thank you. I look forward to it. 

Senator CAPITO. Great. You know, it’s hard to be original in 

questioning after many folks before us, great Members of this Committee, have already asked some of the most important questions 

that I had before me. 

I think you and I talked about the significance, and the Chairman mentioned this as well in his statement, of attending to the 

needs of rural America in terms of transportation needs. They are 

different from urban America. When I heard Senator Cantwell 

mention about all the travails of congestion, it kind of went 

through my mind, you know, a little congestion might be good for 

a state like West Virginia because it does indicate economic development and vibrancy, and that’s what we want. 

The financing part of an infrastructure package that the President-elect would be talking about has been mentioned many times 

in terms of including private investment, private dollars. As a person who represents an almost all rural state, like West Virginia, 

I’m concerned about, how are we going to be able to incent the private dollars to go to the less populated, less economically developed 

areas of our country? Because the investments are just as important. And I wonder if you had any thoughts on that. 

Secretary CHAO. Rural America needs to be more connected in all 

sorts of different ways. And as we look at the national infrastructure proposal, I think one of the great challenges are the pay-fors, 

and how we are going to pay for all these great ideas, which are 

so necessary to keep our country and maintain the competitiveness 

of our country. 

And so once again it’s a huge issue that demands the best thinking from all of us. So that’s why we need to work together. The Executive Branch needs to work very closely with the Congress especially on how to pay for all these projects. 

I might also add it’s not only the pay-fors that are important as 

well, but also the number of projects. And so how do we find 

projects that can be funded and carried out—— 

Senator CAPITO. Right. 

Secretary CHAO.—in a timely way. And that should be part of the 

equation, too. So thank you for asking. 

Senator CAPITO. Thank you. We’ve used successfully in West Virginia the public-private partnerships to complete projects like U.S. 

Route 35. We’re working on the Coalfields Expressway and Corridor H, which comes actually directly from Washington, D.C. I 

know many people who live in and around the Washington, D.C., 

area that have driven on our roads in West Virginia wonder how 

83 

we could possibly need one more road because they’re all named 

Senator Robert C. Byrd Highway, Interstate. 

[Laughter.] 

Senator CAPITO. But we still have a great need here. So we do 

know, I think at the state level. But it’s challenging for states because a lot of states are having trouble meeting their match, much 

less figuring out how to cobble together a public-private partnership. So I look forward to working with you and the Department 

to try to find those answers. 

I’m going to shift to high-speed Internet. Senator Klobuchar and 

I and Senator Gardner have worked on a bill, Dig Once. And this 

would mean that if you’re digging and creating a new highway, 

you’re running the high-speed Internet at the same time. 

I would encourage you to look at that bill to see where you could 

help us with that, and present the concept of not only speed, but 

also being able to pinpoint certain areas that need that critical infrastructure as well because it’s just as important. 

Secretary CHAO. I look forward to working with you on that. 

Senator CAPITO. Thank you. One last thing I would like to talk 

about, something I worked on when I was actually on the House 

Transportation Committee, and I worked with then Senator Udall, 

he is still a Senator, and I was a Congressman, Congresswoman, 

at the time, the concern of the 10,000 lives that we lost through 

impaired drunk driving and driving under the influence of drugs. 

We were able in the FAST Act to get the driver alcohol detection 

system for safety to try to get some innovation to try to work on 

prevention of—to prevent the massive loss of life that we have that 

people get behind the wheel when they shouldn’t. 

So I would encourage you and your Department to keep moving 

forward on the research and development in this area. I think 

there is a lot to be done and there are a lot of good ideas out there, 

and I would just like your commitment. I’m sure you would be committed to that as well. 

Secretary CHAO. We certainly will do that. 

Senator CAPITO. All right. Thank you so much. I look forward to 

voting in the affirmative for your confirmation. 

Secretary CHAO. Thank you. 

Senator CAPITO. Thank you. 

The CHAIRMAN. Thank you, Senator Capito. 

Next up is Senator Hassan. 

STATEMENT OF HON. MAGGIE HASSAN, 

U.S. SENATOR FROM NEW HAMPSHIRE 

Senator HASSAN. Well, thank you, Chairman Thune and Ranking 

Member Nelson. I am so pleased to be joining you on this Committee because the Committee’s work is, of course, so focused on 

expanding economic opportunity and supporting innovative businesses and keeping our economy moving forward. 

And, Secretary Chao, it is great to be with you today. My husband, Tom, so enjoyed your conversation during orientation and 

sends his best wishes as well. 

Secretary CHAO. Thank you. 

Senator HASSAN. A major focus of the work, we’ve all been talking about it this morning as we talk about expanding jobs—exVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00089 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
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panding economic and creating jobs, is obviously around making 

sure our highways and our roads and bridges are modern and safe. 

And as we talk about really building that kind of foundation for a 

21st century economy, I know when we visited this week in my office, you’ve been thinking a great deal about these issues. I look 

forward to working with you on them, and I am very grateful not 

only for your past government service, but also the way that will 

inform your work going forward, I just think it’s a terrific re ́sume ́

you bring. 

Secretary CHAO. Thank you. 

Senator HASSAN. There are a couple of programs that have really—DOT programs that have really helped New Hampshire over 

the last few years, and I just wanted to touch on them briefly. One 

of the things we talked about in our meeting the other day was the 

importance of TIGER Grants and TIFIA loans. 

You’ll recall that it was a TIGER Grant that really supported our 

capacity to refurbish our Memorial Bridge, a drawbridge over New 

Hampshire’s port, and, yes, New Hampshire does have a port. And 

so those competitive TIGER Grants have helped New Hampshire 

in a number of other ways as well because they really help fund 

projects that aren’t suited to the more broad categories of funding 

grants. 

And then the TIFIA loan project has really been critical to our 

completion, our plans to complete, Interstate I–93 in New Hampshire, both with lower interest rates and deferred payment schedules, and has proved to be I think really critical to a number of 

other rural areas for large surface transportation projects. 

So part of my question to you is just, Are you familiar with the 

TIGER and TIFIA programs? 

Secretary CHAO. Oh, yes. 

Senator HASSAN. And do you have a commitment to continuing 

to support them? 

Secretary CHAO. From all of my meetings with Members of Congress, there seems to be one area of great agreement, and that’s 

the utility of the TIGER Grants. But I can’t make a commitment 

at this point. 

I’ve been very impressed with how many Members like it, and 

I look forward to reviewing it and seeing how much money can 

really be devoted to this, currently $250 million. It’s a very modest 

sum in this budget, but I would like to get more briefed on this 

topic. I look forward to working with you. 

Senator HASSAN. Great, great. And TIFIA, do you have any 

thoughts about the TIFIA program? 

Secretary CHAO. TIFIA also seems to be, again, another very important and valuable source of funding. And as we talked about the 

infrastructure funding throughout our whole country, we need to be 

seeking more innovative and more varied options of funding, and 

the TIFIA has certainly proven its worth. As to the specific 

amounts, that again will be a budgetary issue that I’ll be looking 

at if I’m confirmed. 

Senator HASSAN. Great. We also spoke on Monday about the importance of commuter rail in the 21st century economy, something 

I’ve learned a great deal about as Governor as we’ve tried to focus 

on bringing commuter rail from Boston up to Nashua and ManVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00090 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
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chester, New Hampshire, not only because it’s a boon to businesses 

supported by all our major Chambers of Commerce, but also because we’re learning that Millennial workers really often don’t 

want to own cars and really do like to see access to public transportation. 

So a project to bring commuter rail would not only require a 

partnership between Massachusetts and New Hampshire, but also 

Federal support to enhance that state and local effort. So are you 

committed to continuing to ensure Federal support for this type of 

commuter rail project? 

Secretary CHAO. Passenger rail is very popular with passengers. 

My father came down on Amtrak, as did my sisters. So this is an 

area that can obviously help with the environment, it is a wonderful alternative to air or driving. And I have supported it in the 

past, and I look forward to reviewing it and getting an updated 

briefing on this as we go forward. 

Senator HASSAN. Well, thank you. And just—I see my time is almost up. I just wanted to add my thoughts on the driverless cars 

or automated automobiles now. As we think about that technology, 

I hope we’ll think about making it accessible to people who, for a 

variety of reasons, can’t drive, and making sure that as new technology comes on board, its pricing doesn’t prohibit the people who 

might benefit from it the most from using it. 

Secretary CHAO. Those are very good points, and I appreciate 

your bringing them up. 

Senator HASSAN. Thank you very much. 

The CHAIRMAN. Thank you, Senator Hassan. 

Senator Gardner. 

STATEMENT OF HON. CORY GARDNER, 

U.S. SENATOR FROM COLORADO 

Senator GARDNER. Thank you, Mr. Chairman. 

And thank you, Secretary Chao. All the way over here by the 

front row of the audience, I think welcome to the new Members 

who sometimes we get confused with people here to watch the 

hearing as well, maybe even accused of being here to testify. So it’s 

great to be with the new Members of the Committee. 

And certainly, Secretary Chao, thank you for your service to the 

country and your willingness to continue to serve this Nation. 

Secretary CHAO. Thank you. 

Senator GARDNER. A difficult job as Secretary of Transportation 

you have ahead of you, because not only do you have to know and 

understand the acronyms of things like TIFIA and FAST Act, but 

you have to know where I–70 and I–76 and US–50 and 385 all are. 

So you get acronyms and numbers piled together, and everybody 

expects you to know exactly where that congested intersection is 

that has to be addressed. So thank you for the work that you’re 

doing. 

Colorado, of course, has seen some great economic opportunities 

over the past several years. In fact, every time I land at Denver 

International Airport and drive along I–25, I do a crane count in 

Denver to see how many construction cranes are in downtown and 

dotted across the Front Range. 

86 

Since 2010, we’ve had 10 percent population growth, 500,000- 

plus people moving into the state of Colorado. Almost an entire 

new congressional district every decade seems to be moving to Colorado. The concentration of that population is between Pueblo, Colorado, to the south, and Fort Collins, Colorado, to the north, along 

the Front Range corridor. 

The growth has been a great economic opportunity, positive economic opportunity, for Colorado, but lots of challenges for infrastructure. Parts of I–25, even though you had this dramatic 

growth, still looks like it did in the 1960s and 1970s. We passed 

the FAST Act. I was able to put language in it to help ensure that 

the Department of Transportation considers population growth 

when distributing certain grants. 

So as Secretary of Transportation, how will you work with those 

states that have seen such high population growth to help meet 

their needs either through infrastructure packages, transportation 

financing programs, or grant funding? 

Secretary CHAO. The highway funding—the Federal Highway 

Trust Fund is a block grant of Federal dollars going to the states, 

believing that the states know best how to distribute that money. 

And so if the Congress wishes to change the formula, that is obviously a discussion that the Administration would have with the 

Congress, and I look forward to working with you on that. 

Senator GARDNER. Well, thank you. And again I think it’s one of 

those areas where a number of states in the West are going to have 

the same kind of needs and considerations. 

The Colorado Department of Transportation, which right now is 

working on handling some heavy snow over the past several days, 

has got a vision referred to as the RoadX Program to utilize smart 

transportation along I–25, that Front Range, and I–70 through the 

mountains, the Eisenhower-Johnson Tunnels. The corridors help 

mobility, reduce congestion. 

This vision is already helping us become a state for high tech. 

We had the first fully autonomous delivery of a commercial shipment. It was, of course, Colorado, so it was a beer truck from Fort 

Collins to Colorado Springs, fully autonomous, the first time ever 

in the country, a tremendous step, but obviously we have to make 

sure there is more work done for safety to make sure that we have 

no onerous adoption of regulations that would prevent this new 

technology from thriving. 

How do you think the Department of Transportation should work 

with states and others in the safe deployment and integration of 

smart transportation technologies like those in Colorado, autonomous vehicles, and other technologies? 

Secretary CHAO. Always in collaboration. The Federal Government can’t do this on its own, and it must take into account the 

perspective of the stakeholders. So we look forward to working with 

you on all these concerns. 

Senator GARDNER. And how do we make sure that we have that 

regulatory certainty that we need in order to assure this technology 

thrives? 

Secretary CHAO. I think regulations need to be based on sound 

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ward that indeed will be effective and help to promote the ultimate 

goal. 

Senator GARDNER. Thank you. And whether its across roads, we 

talked about here, but across all of the agencies within the Department of Transportation, Colorado has felt a lot of impacts of overly 

burdensome regulations. I’ll just give you a few. 

Many of our communities on the Front Range that have grown 

around railroads have major concerns with train horn noise within 

the Federal Railroad Administration, certification process delays 

within the Federal Aviation Administration where an airplane from 

Frontier Airlines is treated just like an airline that’s a local cropduster for certification purposes, hours of service requirements 

within the Federal Motor Carriers Safety Administration, DavisBacon requirements across Department of Transportation, excuse 

me, the National Environmental Policy Act permitting requirements across CDOT—across the Department of Transportation, excuse me; National Environmental Policy Act permitting requirements across the Department of Transportation. 

Many of these regulations can slow down a project and stifle that 

economic progress, can create uncertainty for businesses, the 

project itself, increase the time it takes to construct the project, increase the cost of that project. How can you help us, help Congress, 

work to reduce the regulatory burdens facing our state and local 

governments and businesses? 

Secretary CHAO. The issue of regulations is a larger issue overall 

as well. There are some who think that the regulations in the past 

few years have added to dampening the rate of growth of our economy and that it has actually decreased the competitiveness. And 

there are others who feel that these regulations were necessary. 

So I think, again, it’s a balancing act, and it’s building a consensus on both sides of the spectrum—political spectrum—to come 

to regulations that are truly based on real data, on sound science, 

because that is the best way to promulgate regulations. 

Having said that, there indeed have been overly burdensome regulations that need to be reviewed. And so that is part of the new 

administration coming in, that all of these regulations—some of 

these regulations that you’ve mentioned will be reviewed as well. 

Senator GARDNER. Madam Secretary, thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Gardner. 

Senator Lee has returned. 

If you’re ready, you’re up next, followed—this is what I have: 

Senator Lee, Senator Cortez Masto, Senator Young, Booker, Heller, 

and Udall. 

STATEMENT OF HON. MIKE LEE, 

U.S. SENATOR FROM UTAH 

Senator LEE. Thank you very much. 

Secretary Chao, it’s good to have you here. And I’m grateful to 

you for being willing to visit with me at my office a few days ago. 

I enjoyed our visit and appreciate your willingness to be considered 

for this important position. 

As you know, a passion of mine involves federalism, involves the 

concept that the constitutional system created by our Founding FaVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00093 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
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thers works best when we reserve most powers in a way that will 

allow them to be exercised at the state and local level. 

We have accomplished great things nationally through the Federal Government. There have been some things that we have created out of an understanding that in order facilitate the free transfer of goods, of services, of people across interstate lines, there are 

appropriate things for the Federal Government to get involved in. 

When the Interstate Highway System was created, it was created 

with the understanding that from a national security standpoint 

and in order to facilitate interstate commerce, this was an appropriate activity for the Federal Government to enter into. At the 

time it was created, of course, there was an understanding that 

once the Interstate Highway System was established, that it could, 

in time, be handed over to the states. 

Of course, that system is now largely complete, and we find ourselves sometimes oddly running short in terms of the revenue that 

we receive from the Federal gasoline tax. There are proposals that 

have, as an idea, that have as their central idea, that perhaps we 

should reduce the Federal gasoline tax and allow states to take 

over more authority, both in terms of revenue collection and in 

terms of spending that money, deciding where it ought to be spent. 

I hope that’s something you would be willing to consider, at least 

that you wouldn’t dismiss if you were confirmed to this position. 

Secretary CHAO. I’m open to all ideas, and I look forward to discussing your idea further with you. 

Senator LEE. Thank you. Let’s talk about supersonic air travel 

for a minute. When I was a kid, there were a lot of assumptions 

that a lot of people made, that supersonic air travel would become 

a more common thing, that certainly by the time we were in 2017, 

things like the Concorde would be more common. 

And yet notwithstanding technological innovations, materials 

that are lighter weight, that would otherwise allow for the design, 

the development, of commercial aircraft that could travel at supersonic speeds, we don’t see that today. 

Part of this, some argue, has related to a ban on supersonic travel, one that was put in place in the 1970s as a result of some studies, notwithstanding the fact that supersonic aircraft don’t necessarily produce any more noise at takeoff and landing than they 

do midair, and the sonic boom that was the concern underlying supersonic travel policies that have been in place since the 1970s can 

be taken care of just through the altitude at which a supersonic 

aircraft passes through the sound barrier. 

Is this something that if you were confirmed, you would be willing to consider, you would be willing to take a look at? 

Secretary CHAO. I’m not very familiar with the topic that you 

mentioned, so I look forward to getting a briefing on it if confirmed. 

Senator LEE. Great. Senator Peters discussed with you the importance—the important balance between safety and innovation in 

the development of driverless cars. There are a lot of people who 

are very anxious to see how this is going to turn out. There are a 

lot of people in this country who earn their living driving cars or 

driving trucks, and yet at the same time, there are now predictions 

that many, if not most, if not nearly all of these jobs will eventually 

become obsolete with driverless technologies. 

89 

This, it seems to me, is going to create a real opportunity and 

a real demand for some type of regulation or at least some type of 

framework in which these manufacturers and designers of these 

vehicles can operate. Can you tell us just how you’ll work with 

state and local governments as well industry and tech leaders to 

preserve the safety of our roads without inhibiting this type of important innovation? 

Secretary CHAO. You bring up a very, very important topic. The 

role of government is to foster the right environment in which job 

creation can occur. As a former Secretary of Labor, I’m very concerned about the ability of our economy to create good-paying jobs. 

So I am very much in support of the government again creating the 

environment through which job creation, economic growth, can 

occur. 

We obviously are also facing new technology, emerging technologies, which will bring about great dislocations, and so how we, 

as a society, deal with that and not again stifle, dampen, the innovation, the creativity, that is so much a hallmark of what America 

is all about, and that’s the balance. And it’s not an issue that can 

be decided by any one person, any one department, but it requires 

the national attention, discussion on all of the pros and cons and 

concerns of the benefits and the concerns that these emerging new 

technologies bring. 

Senator LEE. Thank you. Thank you, Madam Secretary. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Lee. 

Senator Cortez Masto. 

STATEMENT OF HON. CATHERINE CORTEZ MASTO, 

U.S. SENATOR FROM NEVADA 

Senator CORTEZ MASTO. Thank you, Mr. Chair, and Ranking 

Member Nelson. I am very excited to be a new Member on the 

Committee, and I look forward to working with all of you and my 

colleagues as well. 

It is true, all the questions have been asked. But I do want to 

first of all thank you. Thank you for taking the time to meet with 

me, Secretary Chao. I look forward to future conversations. One 

thing I have learned from all my colleagues in listening to their 

questions to you is we are all going to be competing against one 

another for funds, and you’re going to be the person we’re going to 

be going to for the important needs in our state. 

And one of the questions I have for you is involving an important 

project that’s happening right now in Nevada, and I think we 

talked about it, which is Interstate 11. 

Secretary CHAO. Right. 

Senator CORTEZ MASTO. Right? So Las Vegas and Phoenix are 

two of the largest cities in the country that are not connected by 

an interstate, and in the last Congress, the Nevada delegation 

worked to include the I–11 future designations in the Surface 

Transportation bill. 

Now that the route is eligible for Federal funds, Nevada and Arizona will be looking for Federal support to bring these existing 

roads between the cities up to interstate standards. 

90 

I wanted just to get a commitment from you on support for Interstate 11, and what role do you see for Federal assistance to fund 

projects of regional significance such as Interstate 11? 

Secretary CHAO. Senator, you and I have talked about this a 

great deal. It’s obvious that you care about this issue deeply. I 

would like to get better briefed on it. I said to you that I would— 

this would be a priority, that I would look at this, and I will do 

so. 

Senator CORTEZ MASTO. Thank you. I appreciate that. One of the 

things that has come to my attention after talking with not only 

the Director of the Department of Transportation, but our regional 

transportation directors and commissions in the state of Nevada, 

particularly of importance is light rail system. 

In Nevada, if you don’t know, I’ve had the opportunity to work 

with the transportation commissions, and right now they’re looking 

to connect our airport, McCarran, to the Strip in downtown Las 

Vegas, and that will move 2 million Clark County residents 

through the corridor, which is ripe for economic development, as 

well as provide transportation for over 40 million annual visitors 

to the Las Vegas area. This project will need Federal dollars. 

In our meeting, you said that department secretaries have to 

make tough choices when allocating that funding and that there is 

never enough. So how do you evaluate where these limited resources will go? 

And, two, it’s come to my attention as well that when we’re talking about evaluating and allocating the funding, it’s based on a formula that also includes population. But that formula includes a 

population based on a census in 2000, and as you know, Nevada, 

particularly Las Vegas, is one of the fastest growing communities. 

So to me, that is an outdated formula. I would like to know your 

thoughts and commitment in working with us in how we address 

that issue. 

Secretary CHAO. Well, the Highway Formula Grant is very complicated. In recent years, it’s gotten actually a lot simpler, but because of the short-term aspect of the highway bills in the past, except for the FAST Act, which was a tremendous accomplishment, 

that formula has just repeated itself. So it’s totally within the purview of Congress that if indeed that formula were to be changed, 

the Congress would be able to change it. 

Senator CORTEZ MASTO. And like my colleagues, let me just say 

autonomous vehicles in Nevada, we, like what I’m hearing from 

several of my colleagues, this is an important issue and economic 

driver in developing new technology. In fact, Governor Sandoval recently announced dedicating specific resources from our state to a 

center for autonomous vehicles, and our state is the first in the Nation to dedicate those resources for this kind of technological investment. 

I’ve heard your conversation, your commitment to working with 

us on this new technology addressing the concerns, but what I 

would like is your commitment to come to Nevada, take a look at 

what’s going on, and talk with our Governor and our economic development so you can see firsthand. Would you commit to coming 

to Nevada and making a visit and looking at what’s happening 

there? 

91 

Secretary CHAO. I would be delighted to come to Nevada. 

Senator CORTEZ MASTO. Thank you. 

Secretary CHAO. Thank you. 

Senator CORTEZ MASTO. And one final thing just to put on your 

radar, we didn’t get a chance to talk about when we were meeting, 

Disadvantaged Business Enterprises are important for me. As a 

former member of the Department of Transportation in the state 

of Nevada, this was an important initiative that our Director continues to promote, so I just wanted to make sure that you understand that, and I look forward to working with you on that issue 

as well and those programs. 

Secretary CHAO. Thank you. 

Senator CORTEZ MASTO. Thank you. 

The CHAIRMAN. Thank you, Senator Cortez Masto. 

Next up is Senator Young. 

STATEMENT OF HON. TODD YOUNG, 

U.S. SENATOR FROM INDIANA 

Senator YOUNG. Madam Secretary, thanks so much for your presence here today and for your willingness to serve. You have an extensive background in public policy and personnel management, 

and I think the experience within the transportation sector in particular that will make you an effective Secretary here. So I appreciate that. 

My home state of Indiana, which you no doubt are familiar with, 

seeing as we’re neighbors, has adopted the moniker ‘‘Crossroads of 

America.’’ We have celebrated that fact for roughly 80 years, and 

the name stems from the fact that Indiana is the intersection of 

four major interstate highways. Three of Indiana’s seven priority 

infrastructure projects involved expanding those interstates and 

upgrading them. 

And so surface transportation needs in my state, as so many others, are significant. So I, too, would invite you to visit with our 

state officials, local officials, and familiarize yourself, and, of 

course, the Department, more on those essential needs. 

I look forward, for one, to partnering with you and the entire Department to ensure that we can identify bottlenecks, reduce the 

regulatory burdens, which you’ve already spoken to, and make sure 

we stretch every dollar as far as we can to fund not just Indiana’s 

needs, but more broadly, this 21st century infrastructure plan put 

forward by the President-elect and the administration. 

As you prepare to assume these new responsibilities, I would ask 

you to make sure that you partner and give great involvement to 

our state’s Governor and the Governors of other states, really empower them to expand financing needs in particular. 

And so along those lines, I know that the transportation plan is 

still in development through the administration, but would you 

kindly elaborate on how you plan to utilize new financing opportunities like public-private partnerships to help invest in 21st century infrastructure, including surface transportation? 

Secretary CHAO. There are times when public-private partnerships have not been welcomed, but so at the very minimum, we 

need to do away with some of these impediments. And private investment is encouraged to enter when they see a bold vision, and 

92 

this President has a bold vision. We will be talking about it when 

the Administration comes into being after January 20, and it will 

be very exciting to work on an infrastructure for America. 

Senator YOUNG. So the signals we send through the bold vision 

and by presenting a bold plan with more specifics to be teased out 

later, you believe will facilitate more private actors wanting to 

come forward, better terms possibly for the contracts? And are 

there other things we can do beyond putting forward a bold plan 

here in Congress to empower the Department to facilitate these 

sometimes unwelcome public-private partnerships? 

Secretary CHAO. Public-private partnerships are embraced by 

some and not by others, and for them to be truly effective, I think 

there are revenue streams that need to be assured. And so whether 

groups on either side of the political aisle would agree with these 

revenues streams is something that we have to talk about, and so 

I look forward to working with the Congress on these issues. 

Senator YOUNG. With respect to the budget of the Department of 

Transportation, you’ve proven in your previous capacities you know 

how to identify inefficiencies, identify bottlenecks, take private sector practices and bring them to the public sector, and so forth, and 

you’ll no doubt be involved in this activity over at DOT and I suspect in short order. I would just request that your Department report back to this Committee within 6 months, 180 days, with opportunities to make DOT more efficient and budget conscious. Is 

that a commitment I can get here today? 

Secretary CHAO. I can certainly give you a report in 6 months. 

Senator YOUNG. All right. Thanks so much. I yield back. 

Secretary CHAO. Not at all. Thank you. 

The CHAIRMAN. Thank you, Senator Young. 

Senator Booker, Senator Heller, Senator Udall. 

STATEMENT OF HON. CORY BOOKER, 

U.S. SENATOR FROM NEW JERSEY 

Senator BOOKER. It’s such an honor to be sitting before you right 

now. Thank you so much for your willingness to serve not once, but 

twice, in a Presidential administration. I have to say that I have 

a great deal of respect for you, although I have some frustration 

now with Mitch McConnell, being a young single Member of the 

Senate, he has never taken me aside to tell me how to marry out 

of my league. 

[Laughter.] 

Senator BOOKER. I’m a Jersey boy, and we have serious infrastructure challenges. The replacement of the 107-year-old Hudson 

River tunnels and the Portal Bridge is a crisis for the entire Northeast Corridor. More people use those tunnels than I think the entire population of South Dakota every single day. And about— 

that’s not a knock, Chairman, at all, of course—but the reality is, 

is we need to replace these tunnels, and unfortunately the urgency 

is greater because of the recent Superstorm Sandy. It’s estimated 

that if these tunnels would go down, they would cost about $100 

million in lost productivity every single day. 

Given the importance of this project to the Nation’s economy, this 

region of the country is one of the most productive economic regions on the planet Earth, will you continue to honor the DepartVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00098 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\25973.TXT JACKIE
93 

ment’s commitment to partner with New York and New Jersey to 

prioritize investment and expedite the completion of the Gateway 

Program? 

Secretary CHAO. I have not had specific conversations about this, 

so I do look forward to getting briefed, but I would assume that 

any project in New York/New Jersey would be very important going 

into the future. 

Senator BOOKER. I appreciate you saying that. And I know the 

President-elect of the United States knows a little bit about commuting between New York and New Jersey, although I think he 

might take a helicopter. 

The FAST Act made important changes to the new starts capital 

investment program along with involvements that I championed 

that really made improvements to the loan program, the RRIF program, that will help this kind of critical financing. 

I just again want to see if that’s something that you believe in 

as a way to fund these major infrastructure projects. And is it 

something that you think you can support going forward, given not 

just the needs of my region, but really a program that benefits all 

around our country? 

Secretary CHAO. We need to be looking at all of these options because, once again, the tremendous resources that are required to 

build a first-class and maintain a first-class infrastructure will require that. So I look forward to working with you on it. 

Senator BOOKER. I appreciate that. And I’m happy to hear that 

the incoming administration has made clear that putting together 

a trillion dollar infrastructure package is a priority. The Trump 

campaign released a plan that called for about $137 million in tax 

breaks to private investors who want to finance toll roads, toll 

bridges, and other projects that generate their own revenue 

streams. 

Private tax breaks, however, will only aid infrastructure projects 

that have their own revenue stream, which would only be applicable to large-scale projects with a direct user fee. 

Others have argued, such as Steve Bannon, what we need to be 

doing is making direct investments in our infrastructure as a Nation to rebuild roads, bridges, rail systems, ports, and other key infrastructure assets that have made America globally competitive. 

Do you and President-elect Trump support an infrastructure package that will include direct Federal spending? 

Secretary CHAO. I believe the answer is yes. 

Senator BOOKER. Great. Great. Thank you. Can I shift really 

quick to air traffic control staffing? This is a critical, safe, efficient 

running of our airspace. It’s just a critical aspect, and we need to 

make sure we continue to have a capable, well-trained workforce. 

This workforce includes certified and experienced air traffic controllers. 

And right now, unfortunately, we face a crisis when it comes to 

staffing of our Nation’s air traffic controllers. The national aerospace system has declined to a 27-year low with certified professional controllers. 

How will you ensure that we have the necessary aviation workforce to continue operating the safest airspace in the world? 

94 

Secretary CHAO. As a former Secretary of Labor, I am always 

very concerned about the ability of a workforce to prepare for a certain percentage of workers retiring and how best to prepare for the 

future and for succession waves to occur as well. So I am very concerned about that, and that it’s a whole plethora of strategies that 

can be deployed, and I look forward to working with you on discussing some of these strategies and also getting up-to-date information from the Department as to what their current plans are as 

well. 

Senator BOOKER. Thank you very much. And the last thing I 

want to say is a priority for mine is the NextGen installation in 

Newark, New Jersey. Even President-elect Trump has criticized 

Newark Airport saying that our airports are like from a Third 

World country. You land at LaGuardia, you land at Kennedy, you 

land at LAX, you land in Newark, and you come in from Dubai and 

Qatar, and you see these incredible airports. You come in from 

China, you see these incredible airports. And you land, and we’ve 

become a Third World country. 

I’ve had a lot of frustration about Newark’s busy airport and the 

challenges of delays. NextGen technology would help modernize 

these systems, create efficiencies, improve air quality. Under your 

leadership, can we specifically expect rapidly a full implementation 

of the NextGen technology to upgrades that are already on the 

way, but it needs a champion as a Secretary to get this over the 

line so we can modernize our airport and catch up with those global leaders that have surpassed us like the President-elect has mentioned? 

Secretary CHAO. Absolutely. We need to have a greater emphasis 

on improving the rate of modernization. There are questions which 

had taken place before you arrived about the air traffic control system, and the rate of change and improvements are certainly not 

what we would all like and needs to be improved. 

Senator BOOKER. Thank you very much. 

As a big fan of South Dakota, I would like to apologize to the 

Chairman for being over. 

[Laughter.] 

The CHAIRMAN. Thank you, Senator Booker. 

And might I add that only in the U.S. Senate would the Senator 

from New Jersey be considered a young single guy, but—— 

[Laughter.] 

The CHAIRMAN. Senator Heller is up next. 

STATEMENT OF HON. DEAN HELLER, 

U.S. SENATOR FROM NEVADA 

Senator HELLER. Mr. Chairman, thank you. And to the Ranking 

Member, I have to tell you, Mr. Chairman, I’m impressed with the 

size of your Committee. Let it be a lesson to all of us about being 

on time, as I look around here. 

Needless to say, Secretary Chao, to you and your family, welcome 

today. Lynne and I have appreciated our friendships over the 

years, and we both congratulate you on your nomination. 

Secretary CHAO. Thank you. 

Senator HELLER. And in our meeting in my office, we talked 

about the functions of the Federal Government, and one of the 

95 

most important constitutional functions, of course, is the creation 

of infrastructure. Obviously, in order to conduct commerce, trade, 

and general transportation, it’s very critical. 

And one of the upsides to the state of Nevada is to have my colleague and I on the same Committee so that we can ask you the 

same questions twice. But, I do want to emphasize what she emphasized, and that is that Nevada is a microcosm of the challenges 

and the opportunities before the Department of Transportation in 

the coming decade. 

Nevada is one of the fastest growing states in the Nation, as 

you’re well aware of, adding nearly a million new residents over 

the last 20 years. Add to that 43 million visitors, and you can 

imagine the infrastructure and the growth strains that we have in 

the state of Nevada, and the infrastructure system that we need 

for increased vehicular travel that has increased over the last decade by 150 percent. 

So I want to talk again about I–11, as Senator Masto mentioned, 

and that is the fact that we have two cities that are 290 miles 

apart, and these are the two largest cities in the country today in 

the Southwest that do not have a freeway between them. 

I was impressed with the Chairman of this Committee and his 

work on the FAST Act and the improvements that that will make 

over the next decade in the ability to move forward, and the fact 

that it officially designated this freeway, I–11, between Phoenix 

and Las Vegas as an officially designated future highway. And you 

may be aware of this, but it has been decades since we’ve actually 

designated a future highway here in this country, and it’s good to 

see the I–11 moving forward. 

I think Nevada has done a great job in this process because 

we’ve moved ahead. We have a bypass, the first phase is known as 

the Boulder City Bypass, and because of the work of the Federal 

Government, state government, and local government, we were 

able to complete this particular project on time and very quickly. 

So I guess the question is always the same, we need the resources. And this is a great project, and you’ve heard a lot of great 

projects today, but the issue is always going to be resources, and 

I guess the commitment that we’re asking from our delegation is, 

Will you help us in securing the resources that are necessary in 

order to not only grow this designated freeway between Phoenix 

and Las Vegas, but you can imagine the impact that it has on the 

region, the southwestern portion of the country, which has been the 

fastest growing for decades. 

So I guess that’s the commitment we’re trying to get between the 

two of us from you, is the help and the support from the Department of Transportation to see this come to fruition. 

Secretary CHAO. A couple of points. One, this emphasizes again 

the need to find additional financing, creative, innovative ways to 

fund many of these infrastructure projects. Number two, I look forward to working with both Senators from the great state of Nevada 

on this issue. And I look forward to seeing both of you in Nevada. 

Senator HELLER. Secretary, thank you. We needed to hear that. 

I want to expand on this I–11 because not only is it between Phoenix and Las Vegas, but it will continue to extend up into the northern portion of the state. And under the work of this Chairman on 

96 

the FAST Act, we did authorize the extension of I–11 from Las 

Vegas to northern Nevada in that bill. 

It’s going to be a very complicated project. We’re not talking just 

the 290 miles between Phoenix and Las Vegas, but an additional 

400 miles to get it to the northern end of the state. We’re very vast 

out there in the West, but it’s going to be treacherous, treacherous 

terrain. There’s a lot of Federal land in the state of Nevada. We 

have Native American reservations. We can go on and on and on 

in how difficult this would be. I guess the question that I have for 

you is to ensure that as this project moves forward is that we can 

streamline—there were a lot of streamlining provisions within the 

FAST Act, and your commitment to seeing this happen so that we 

can get through the initial phases of the planning on that project, 

taking it from Las Vegas to the northern end of the state, can we 

get your commitment that we can try to overcome some of the 

shackles that we find through this difficult project as we move forward? 

Secretary CHAO. I will work with you on this. 

Senator HELLER. And I do appreciate that. What I’m trying to 

hope is that this idea, this project, moving forward would actually 

be a model for the rest of the Nation. 

Secretary CHAO. I understand. Thank you. 

Senator HELLER. And, Mr. Chairman, I think my time has run 

out. 

The CHAIRMAN. OK. Thank you, Senator Heller. 

Senator HELLER. Secretary, again welcome and thank you for 

being here. 

Secretary CHAO. Thank you. 

The CHAIRMAN. Senator Udall and then we’re almost to the end, 

Senator Markey. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you, Mr. Chairman. And I’ve enjoyed 

being a very active Member on this Committee and very much appreciate yours and Senator Nelson’s bipartisan approach to the 

Committee work. 

Secretary Chao, welcome. And it’s wonderful to see you’re willing 

to come back and do this a second time. I want to thank you for 

your service to the country. And I very much enjoyed our visit in 

my office about a variety of different issues, some of which I’m 

going to ask about today. And it’s always good to see your family 

here. 

Secretary CHAO. Thank you. 

Senator UDALL. Those young people right behind you, they have 

real focus. You’ve taught them quite a lot there. And I know you 

always talk fondly about your dad, so it’s great to see him here, 

too. 

First, I would like to talk a little bit about drunk driving. In your 

written testimony, you note that safety will continue to be DOT’s 

primary objective. In 2015, drunk driving killed more than 10,000 

people. That’s roughly one-third of all traffic fatalities. And these 

are tragic deaths that are preventable, and I know that you know 

that, and you’ve worked on this before. We know from efforts in my 

97 

home state of New Mexico that we can reduce the tragic toll from 

drunk driving. 

High visibility enforcement, ignition interlocks, public safety 

campaigns, all of those help save lives, but I’m especially excited 

by an advanced R&D effort to find technological solutions to end 

drunk driving, and I think Senator Capito talked about how the 

two of us had worked together on that. This is called the Driver 

Alcohol Detection System for Safety, or DADSS. It’s a public-private partnership that’s making progress toward that goal. 

Let me ask you a couple of questions on these drunk driving 

issues. Will drunk driving be a priority issue for you as DOT Secretary? 

Secretary CHAO. Yes. 

Senator UDALL. And will you support NHTSA, the National 

Highway Transportation Safety Administration, operation efforts to 

combat drunk driving, such as Drive Sober or Get Pulled Over, it’s 

a public awareness campaign? 

Secretary CHAO. I’ve worked with NHTSA in the past and I look 

forward to working with them in the future and look forward to 

getting updated on this latest initiative as well. You’ve done great 

work with DADSS. 

Senator UDALL. Great. Thank you. And will you—you’ve already 

answered that third question, so I’ll move on here. I really appreciate your responses. 

Everybody has talked here, as has been mentioned several times, 

and I don’t want to plow new ground, on rural infrastructure. One 

part that hasn’t been mentioned that you know I’ve talked with 

you about is our Native American communities, where many of 

these Indian pueblos, tribes, are in very rural areas, sometimes unemployment 40 and 50 percent. So one of the ways to grow jobs is 

to have good infrastructure. 

I hope that you will work with me in the rural areas and in Native American communities to make sure that we get the infrastructure that they deserve and that they can grow their communities. I know Senator Thune, our Chairman, has a lot of tribes 

that are in the same situation, too. So thank you for that. 

And then let me talk a little bit about greenhouse gas emissions. 

The DOT’s Transportation and Climate Change Clearinghouse 

states that—and this is a quote within your Department, ‘‘within 

the United States, transportation is the largest source of greenhouse gas emissions after electricity generation. With scientific recognition that greenhouse gas emissions are contributing to a longterm warming trend of the Earth, there is an increasing realization 

that transportation is a significant contributor of GHGs, plays an 

important role in climate change policy and program decisions.’’ 

That’s your Department’s statement. 

Will a Department of Transportation, under your leadership, 

work to address greenhouse gas emissions and climate change 

issues? 

Secretary CHAO. I’m not very familiar with what the Department 

is doing right now, so I would want to be briefed and understand 

what they are doing on this, and I look forward to working with 

you on it. 

98 

Senator UDALL. A related issue also has to do with vehicle emissions, and I hope that you will work with me to see that we improve the vehicle fleet fuel economy rather than rolling back those 

standards. Once again, I very much appreciate your effort here 

today. Thank you. 

Secretary CHAO. Thank you. 

The CHAIRMAN. Thank you, Senator Udall. 

Senator Markey is up next, and then Senator Cruz. 

STATEMENT OF HON. EDWARD MARKEY, 

U.S. SENATOR FROM MASSACHUSETTS 

Senator MARKEY. Beautiful. Thank you, Mr. Chairman, very 

much. 

Welcome, Madam Secretary, and you have a beautiful family behind you. I see your father right over your shoulders. 

Secretary CHAO. Thank you. 

Senator MARKEY. Just such a wonderful day. 

Let me go first to this revolution that’s taking place in the automotive sector—— 

Secretary CHAO. Yes. 

Senator MARKEY.—where automobiles are very rapidly turning 

into computers on wheels, and increasingly it’s possible to be able 

to hack into these vehicles as they move down the streets. And all 

of these vehicles have information about us, which streets we went 

down, when we went there, and potentially they are compromisable 

in terms of someone with a computer even taking control over that 

vehicle. 

Can you talk a little bit about how you view that issue and what 

role you think that the Congress and the Department of Transportation can take in ensuring that drivers are protected against a 

compromise of their information? 

Secretary CHAO. The innovation and creativity of our country is 

unsurpassed in the world. And so we have a responsibility to encourage that creativity and that innovation in the future. Obviously, with these new emerging technologies, there has now surfaced a number of key issues, privacy among them, that are very 

worrisome to a whole host of people. Safety is another. 

So as these emerging technologies are coming up, they’re faced 

with state-by-state regulations, which also present a new challenge 

as well. Yet there are many benefits. For example, for senior citizens or people with disabilities who may not want to or cannot 

drive, autonomous vehicles are a way to give them back their freedom. 

So there are pros and cons, and we need to have a national dialogue about all of this. And as I said, the regulations at the Federal 

level are in their infancy, and we need to work with Members of 

the Congress and all of you on this Committee to make sure that 

we’re not dampening the spirit of creativity, and yet we are also 

assuaging the real deep-seated concerns of our public on some of 

the issues that these new emerging technologies bring. 

Senator MARKEY. Thank you. Let me follow up on a question 

which Senator Udall asked, which is on the greenhouse gas issue, 

which is related to fuel economy standards for the vehicles which 

we drive. 

99 

I am the author in 2007 of the law which required the dramatic 

increase in the fuel economy standards of the vehicles which we 

drive. Senator Stevens, from Alaska, and Senator Feinstein were 

the Senate authors of that. And that calls for 54.5 miles per gallon, 

which is by the year 2025, which has been reinventing the automotive sector in our country. That is going to be reviewed over the 

next couple of years. 

Can you talk a little bit about how you view that issue and 

whether or not the U.S. should stay on a path to meet those goals 

because it requires less gasoline for people to buy, backs out oil we 

import, and reduces greenhouse gases? 

Secretary CHAO. This issue is going to be coming up. It’s going 

to be an important one for the Department. And before I comment, 

I would like to do so responsibly, and so I would like to get some 

briefings, up-to-date briefings, on what is happening within the Department. And, again, I look forward to soliciting your points of 

view and working with you as we go forward. 

Senator MARKEY. Thank you. Great. Thank you. And on the 

issue of drones, there are going to be millions of drones up in the 

sky, but commercial companies can actually collect data—— 

Secretary CHAO. Yes. 

Senator MARKEY.—about individual families all across the country as these drones are just hovering over people’s backyards. I was 

actually successful in having an Amendment pass out of this Committee last year. It got knocked out in the Conference Committee, 

but it just goes to the issue of the privacy of Americans and the 

information being gathered about them by commercial companies 

and creating a privacy standard for those families. 

Can you talk about that and what role you believe the Department of Transportation and this Congress should be playing in ensuring that these ‘‘eyes in the sky’’ don’t compromise the privacy 

of families across our country? 

Secretary CHAO. Well, Senator, you and I talked about this at 

length during our visit in your office as well. And so on this issue, 

as I mentioned, and many others, with emerging technologies, we 

all need to talk and understand the benefits, as well as the concerns that are expressed by various stakeholders, and I look forward to working with this Committee and the Congress on all 

those issues. 

Senator MARKEY. And do I have time for one more question? 

The CHAIRMAN. Your time is up. If you want a second round—— 

Senator MARKEY. I yield back. Thank you. I appreciate it, Mr. 

Chairman. 

The CHAIRMAN. OK. Senator Cruz. 

STATEMENT OF HON. TED CRUZ, 

U.S. SENATOR FROM TEXAS 

Senator CRUZ. Thank you, Mr. Chairman. 

Madam Secretary, congratulations on the nomination. Congratulations to your family, who is here, especially your father, who I 

know is very, very proud of you, and together you all represent the 

quintessential American success story, coming as immigrants to 

achieve the American dream. 

Secretary CHAO. Thank you. 

100 

Senator CRUZ. I want to talk about several topics quickly, because we have limited time. I want to start with a topic you and 

I visited about yesterday, which is the impediment right now that 

overregulation serves to building roads, building bridges, building 

infrastructure, and what we should to do reduce those regulations 

so that we can more quickly rebuild the infrastructure of our country. And I just ask your views on how overregulation slows down 

transportation projects. 

Secretary CHAO. There’s a whole list of projects that are outstanding in various departments throughout the Department of 

Transportation, and they’ve been on the books, so to speak, for 

quite a while. One of the major complaints that many private investors voice is how long it takes for projects to be ready for bidding. 

So the issue is not only how much to fund our infrastructure 

projects, but also how to increase the pipeline of available projects 

that would be available for all groups, private sector included, to 

be able to participate and fund. 

Senator CRUZ. Well, terrific, Madam Secretary, and I look forward to this Committee working closely with you to streamline 

that process so that we can have more and more shovel-ready 

projects that actually are creating jobs and rebuilding our infrastructure. 

I want to turn to another area where regulations can potentially 

slow things down, and that’s commercial space, something that is 

of great importance to my home state of Texas. When you last 

worked at the Department as Deputy Secretary, the Office of Commercial Space Transportation was located inside the Office of the 

Secretary and reported directly to the Secretary. 

Today, that office is a few layers down inside the FAA, which is 

allowing issues of importance to the commercial space launch industry to be lost within the bureaucracy. In fact, it’s illustrated by 

the fact that Secretary Foxx’s exit memo doesn’t even mention commercial space. 

Within the Commercial Space Launch Act, which I authored and 

Congress passed and was signed into law, it directs the Department to look at moving the Office of Commercial Space Transportation back under the Secretary. Would you be supportive of that 

move and an increased focus on creating an environment where 

commercial space launch can thrive? 

Secretary CHAO. Thank you very much for bringing this issue to 

my attention. I was not aware of this issue, and I look forward to 

getting briefed on the current status of this issue. 

Senator CRUZ. Very good. I look forward to working with you on 

it. 

I want to turn to another issue that you and I discussed yesterday, which is airlines, and, in particular, the fact that our air traffic control system is right now outmoded with 1950 style radar, 

when we have GPS technology and far better technology to ensure 

airline safety and efficiency, which would benefit everyone. And I 

would like to hear your views on whether you share my concerns 

for the need to modernize and upgrade our air traffic control system. 

101 

Secretary CHAO. The professional career staff at the Department 

of Transportation are terrific. They do a great job. The task ahead 

of them is a huge one. NextGen, we need to do more, and do it better and faster, and that’s a tall order for anyone. So if confirmed, 

this will be a top priority of mine to examine NextGen and how to 

improve it? And then also, how do we keep—how do we maintain 

our aviation system to be the best, safest, and most efficient in the 

world? 

Senator CRUZ. Well, terrific. I like those adjectives of ‘‘more,’’ 

‘‘better,’’ and ‘‘faster,’’ and I look forward to our working with you 

to accomplish those in upgrading our air traffic control system. 

The final question I want to focus on is transportation funds. 

And historically, Texas has received less from the Federal Highway 

Trust Fund than the state has contributed in gas tax receipts, and 

a major reason for that in equity is that the FAST Act didn’t update apportionment formulas, so that Texas is underrepresented. 

Will you commit to this Committee to looking at this issue and 

examining it carefully, and in particular examining updating the 

apportionment formulas so they accurately reflect the population in 

each state, and they’re using current census data and not outmoded data? 

Secretary CHAO. This has been brought up several times during 

this hearing, and I will certainly do that. 

Senator CRUZ. Very good. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Cruz. 

Senator Nelson, anything else? We’ll go to the order. 

Oh, do we have Senator Markey coming back or not? 

Senator NELSON. Senator Cruz, before you leave, I just want to 

say on matters of the commercial office, I had the pleasure of authoring the first commercial space transportation bill back in 1986 

when you and I were young pups. 

[Laughter.] 

Senator CRUZ. I was perhaps the younger pup. 

[Laughter.] 

The CHAIRMAN. Easy. 

[Laughter.] 

Senator NELSON. Madam Secretary, will you commit to go to the 

state of every Senator that is a Member of this Committee? 

[Laughter.] 

Secretary CHAO. I will do so. 

Senator NELSON. I want to acknowledge the dedication of the 

Colgan families and the contributions to aviation safety, which has 

resulted from their hard work since that tragic Flight 3407, 

claimed the lives of their loved ones in 2009. Representatives of the 

Colgan families are here with us today. And we welcome them and 

we commend them for their continuing efforts. 

Just one cleanup question, Mr. Chairman. Many of our Members 

have raised the importance of direct Federal funding to support infrastructure. Federal funding is critical for projects in our states. 

And you have heard a number of the Senators from various states 

specifically enumerate their projects, infrastructure projects. 

Now, here’s a commitment that you can actually commit to. Do 

you commit to provide this Committee with details of your plan for 

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infrastructure funding, particularly your recommendations on the 

Federal funding, and to do that within a short period of time, say, 

30 days? 

Secretary CHAO. I will certainly try to give this Committee a continuing report on what the infrastructure proposal would be. I will 

try for 30 days, but I can’t promise 30 days. 

Senator NELSON. OK. And when you formulate it, will you commit to share it with this Committee? 

Secretary CHAO. I can assure this Committee that there will be 

continual and constant dialogue on what the proposal will be for 

the very simple reason that we cannot do this alone. And any infrastructure proposal would require the participation and the discussion of the United States Congress. 

Senator NELSON. OK. In order to get these infrastructure 

projects done with Federal funding, we need to know what the Administration is proposing. 

Secretary CHAO. Absolutely. 

Senator NELSON. Now, except for you being shackled by the 

White House, that you can’t release any of the proposed proposals 

for Federal funding, I would assume that you could commit to 

share that information with us. 

Secretary CHAO. I will certainly be in discussion with the Congress, and not only myself, but other Members of the Administration that are involved in the infrastructure project, the White 

House, on all of this. As I mentioned, it will be a heavy lift, and 

it will require the Administration to work with the Congress on 

making all of this a reality. 

So currently the Administration—I shouldn’t say ‘‘currently’’ because the Administration is not in office yet. When the Administration gets into office, these issues will be discussed. There’s a National Infrastructure Task Force, and when it gets underway, the 

pay-fors and other aspects of the infrastructure project will be tackled at that time, and I look forward to that. 

Senator NELSON. OK. The only way we are going to get an infrastructure bill done is to have it done in a bipartisan way. 

Secretary CHAO. Totally agree. 

Senator NELSON. The Chairman and I are an example of that bipartisan cooperation. And we are going to need to know the information of what the administration, that you will be representing 

them on transportation, will in fact commit to. What we need is the 

information in the Committee so we can work together. 

Secretary CHAO. I totally agree with you on that. And at the appropriate time, I’m not saying at any later time, but as the infrastructure proposal is being put together, we will certainly be in 

great discussion with the Congress because, once again, we cannot 

do it on our own. We need to have the input and the agreement 

of the Congress as we go forward. 

Senator NELSON. Thank you. 

The CHAIRMAN. Thank you, Senator Nelson. 

I just have one quick cleanup thing. Secretary Chao, you mentioned in response to my question on the FAST Act earlier, the creation of a task force. I’m interested in your commitment to brief me 

and my staff about this task force, and would also ask that a rural 

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perspective be included on that. Some of the things that we’re hearing about projects to date don’t reflect that point of view. 

Secretary CHAO. We will certainly do so. I might put that in a 

more positive way in that the infrastructure proposal is very exciting, and this is an opportunity for bipartisan agreement and for us 

to all work together to build a better America. So that’s how I view 

it, as something very positive, that it actually gives our country, on 

a bipartisan basis, the opportunity to work together. 

The CHAIRMAN. Sounds good to us. We do the bipartisan thing 

pretty well. The urban-rural thing, though, is my version of bipartisanship, so I just want to make sure that we have rural representation in those conversations. 

Secretary CHAO. Yes, of course. 

The CHAIRMAN. Final question, this will probably be the hardest 

one of the day for you, Louisville or Kentucky? 

[Laughter.] 

Secretary CHAO. I’m taking a pass on that one. 

[Laughter.] 

The CHAIRMAN. We’ll take that one for the record. 

[Laughter.] 

The CHAIRMAN. Well, I appreciate everybody’s participation 

today. And given our hope to confirm Secretary Chao on Inauguration Day, the hearing record is going to remain open until tomorrow. So during that time, I would ask Senators to submit any questions for the record, and upon receipt, would request submission of 

written answers to the Committee as soon as possible. 

Secretary Chao, thank you for your patience, your indulgence. A 

very long day for you, and your response to our questions, and your 

willingness to serve our country. We look forward to working with 

you in hopefully what will be busy days and weeks and months 

ahead. Thank you. 

Secretary CHAO. Thank you very much. 

The CHAIRMAN. With that, the hearing is adjourned. 

[Whereupon, at 1:21 p.m., the hearing was adjourned.] 

(105) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

HON. ELAINE L. CHAO

Question 1. In your response to a pre-hearing question from Senator Peters regarding fuel economy standards and the role of the National Highway Transportation Safety Administration (NHTSA), you mentioned your desire to work on harmonization and a reduction in overly burdensome and duplicative regulations. Recent actions by the Environmental Protection Agency (EPA) raise concerns about its 

rush to establish Greenhouse Gas Standards for new vehicles in model years 2022– 

2025. 

This effort by EPA could cause challenges for NHTSA in setting maximum achievable fuel economy standards. If confirmed, will you commit to a thorough review of 

this important rule to avoid unnecessary harm to consumers and jobs? 

Answer. If confirmed, a top priority will be to receive a full briefing from NHTSA 

regarding the CAFE program and how it relates to EPA’s greenhouse gas standards. 

Improving safety and fuel economy for motor vehicles are both important goals, and 

harmonization is critical for manufacturers, suppliers, and consumers. I will ask 

that USDOT work with the leadership of all related Federal agencies to ensure that 

those twin objectives are met in a thoughtful and consistent manner. 

Question 2. As we discussed at your nomination hearing, reliable and affordable 

commercial air service in rural states is a crucial economic driver spurring economic 

development and job growth. 

As part of the Federal Aviation Administration (FAA) extension enacted last year, 

Congress mandated the creation of a Working Group on Improving Air Service to 

Small Communities, which is tasked with providing recommendations to improve air 

service to small communities. Two South Dakotans, Pierre Mayor Laurie Gill and 

South Dakota Department of Transportation Program Manager Jack Dokken, have 

been selected to participate in the working group. Their first meeting is scheduled 

in the coming week. 

Once their work is complete, if confirmed, will you commit to fully and fairly considering any recommendations the working group makes? 

Answer. As I mentioned during my confirmation hearing, the Department of 

Transportation must make transportation safe, efficient, and accessible to both rural 

and urban America. If confirmed, I will fully and fairly consider all recommendations submitted to the Department by the Working Group on Improving Air Service 

to Small Communities. 

Question 3. The safe, efficient and quick movement of goods through U.S. ports 

is an important aspect of any company’s supply chain. I have continuously heard 

about congestion issues affecting all port stakeholders and, because of these concerns, I introduced the Port Performance Act. This legislation was incorporated into 

the Fixing America’s Surface Transportation Act (FAST Act), and it created the Port 

Performance Freight Statistics Program as a means to measure port capacity and 

throughput in an effort to create national metrics. I believe metrics will not only 

help identify key issues affecting port congestion, but can help identify solutions to 

address the issue. While each port is different, the impact of congestion on stakeholders is the same. Disruption and delays have a negative impact on all stakeholders. 

Will you work with the Committee to continue to refine the Port Performance 

Freight Metrics to ensure our ports are prepared for the 21st Century global supply 

chain? 

Answer. Our nation’s ports are a tremendously valuable asset and a lynchpin of 

our economy. Significant delays in the movement of consumer goods can take a 

major toll on the U.S. economy. If confirmed I will commit to reviewing the progress 

of the Port Performance Freight Statistics Program and work with the Committee 

to refine and improve the Port Performance Freight Metrics, as necessary. 

106 

Question 4. Section 1105 of the FAST Act established a program to fund nationally significant highway and freight projects, which prompted the Department of 

Transportation (DOT) to create the Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) program, which announced its first awards in October of 2016. The inaugural round 

awarded $759.2 million to 18 projects, leveraging $3.62 billion in infrastructure investment. Section 1105 also mandated a Government Accountability Office (GAO) 

study on the transparency of the inaugural FASTLANE selection and award process. In November of 2016, the Department announced a second round of FASTLANE 

before the GAO assessment of the program was complete. Additionally, the short 

turnaround time of the program did not allow applicants sufficient time to consult 

with DOT and receive feedback on their applications. 

As the Department moves forward with the FASTLANE program, will you continue to work with us to improve the transparency of the program and its accessibility for rural communities? 

Answer. Giving consideration to the needs of rural areas and making sure that 

certain communities do not feel left behind or overlooked will be a priority of this 

administration. If confirmed I will commit to reviewing the FASTLANE program 

and the GAO review to work with the Committee to improve transparency and identify ways to address the unique needs of rural and urban America. 

Question 5. The FAST Act seeks to ensure that DOT fully implements the Office 

of Inspector General recommendations to improve NHTSA’s Office of Defects Investigation. On September 30, 2016, Secretary Foxx certified that all the recommendations have been implemented. Still, the Inspector General has not yet closed all recommendations. 

On November 18, 2016, I wrote to Secretary Foxx asking him to ensure the closure and implementation of these recommendations. Given the importance of these 

recommendations to vehicle safety, will you commit to reviewing the Secretary’s certification if confirmed? 

Answer. The Inspector General of the Department of Transportation plays an 

vital and independent role, and, if confirmed, I will work with the IG’s office to ensure that all recommendations are carefully reviewed and implemented in the best 

possible manner. I hope to receive a full briefing from NHTSA regarding the Office 

of Defects Investigations, and I will monitor any proposed changes regarding the 

timeliness and size of the ODI’s workload, staff and budget. 

Question 6. The FAST Act required the DOT to develop a comprehensive, 

multimodal freight map that identifies corridors for the movement of goods from origin to destination. In response to the interim National Multimodal Freight Network, 

the South Dakota Department of Transportation (SD DOT) has suggested additional 

designations for the network. If incorporated, these designations would capture the 

flow of freight as it moves through the state from the railroads and roads that connect agricultural facilities to the larger freight network. The suggestions from SD 

DOT also include intermodal facilities as well as regional connectivity to markets 

and freight through traffic. 

As the Department moves towards a final National Multimodal Freight Network, 

I ask for your commitment to consider all the comments from state Departments 

of Transportation on ways that the Freight Network can better represent the flow 

of goods. 

Answer. An understand and consideration of recommendations for both rural and 

urban freight networks are critical to the development of a truly successful national 

freight network. If I am confirmed, I will commit to consider all comments and recommendation from state Departments of Transportation so that a truly National 

Freight Strategic Plan can be developed to more efficiently identify and correct inefficiencies in our nations freight network. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROGER F. WICKER TO

HON. ELAINE L. CHAO

Question 1. As a country, increasing the pipeline of mariners is extremely important. The State Maritime Academies produce over 70 percent of new licensed mariners each year. They are consistently highly ranked as best values for education. 

One key element in that education is federally owned training ships which are 

maintained by the academies. These ships are aging. The oldest, the Empire State 

at SUNY Maritime, is 55 years old. The Department of Transportation and MARAD 

have been supportive of a new class of training ships for the academies—the National Security Multi-mission Vessel. Congress has authorized the program. Would 

107 

you please provide a response for the record of where the Department will stand 

with regard to moving forward on this important program? 

Answer. Having experience at the USDOT as both the head of MARAD, as well 

as the Deputy Secretary, has given me a strong background in these areas. 

MARAD’s own King’s Point is a key component of a robust merchant mariner workforce. King’s Point, along with the other six other State maritime academies will be 

responsible for ensuring a sufficient number of mariners are always in the pipeline 

to meet our needs. If confirmed, I will review the National Security Multi-mission 

Vessel program and work with Congress to ensure we find solutions to the aging 

fleet issue. 

Question 2. Mississippi has several significant tire manufacturing facilities—Cooper in Tupelo, Yokohama in West Point and a new Continental facility in Hinds 

County. Given this, I am keenly interested in implementation of tire-related provisions within the FAST Act (Public Law No: 114–94), specifically Sections 24332– 

24335. I look forward to working with you and NHTSA to ensure prompt implementation of these provisions. Knowing the agency is the midst of a transition, would 

you provide an update on the agency’s implementation plan at your earliest convenience? 

Answer. If I am confirmed, I will receive a briefing on and review Sections 24332– 

24335, and provide you an update at my earliest opportunity. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JERRY MORAN TO

HON. ELAINE L. CHAO

Question 1. As you know, the quality of life in America’s small communities and 

rural areas and the health of the Nation’s rural economy is heavily dependent on 

the quality of the Nation’s transportation system, particularly its roads and highways. While new capacity is important, it is equally important to maintain our Nation’s 4.12 million miles of existing roads, streets and highways. 

Pavement preservation focusing on preventing pavement deterioration early in 

the pavement’s wear cycle can greatly extend the time before costly repairs and rehabilitations to the road are needed, making it a cost effective tool for states and 

localities to maximize their transportation dollars. 

Will you work with my office on policies that continue to promote and accelerate 

the use of pavement preservation to maintain our Nation’s roads? 

Answer. Maintaining, modernizing and expanding our Nation’s roads are fundamental to the efficient and effective movement of goods and people. The preservation 

of our roads is a key aspect of this critical process. If confirmed I will commit to 

review the Department’s current policies for pavement preservation and I look forward to working with your office to identify and implement any necessary changes. 

Question 2. One area of growing concern is the commercial shipment of undeclared hazardous materials on aircraft, especially commercial aircraft. According to 

DOT statistics, there were 1,129 incident reports filed to the FAA in 2015, and 564 

of those incidents involved undeclared dangerous goods. 

Under your leadership, how will DOT work to combat this growing safety risk? 

Answer. Regulating the shipment of hazardous materials on commercial aircraft 

is critical to aviation safety. If confirmed, I will work to strengthen known shipper 

and chain of control regulations to reduce incidents of undeclared shipment of hazardous goods. Since ignorance of existing rules is the cause of a significant number 

of violations, I will ensure education is part of our compliance and enforcement efforts. 

Question 3. The Department’s policy has been that highway right-of-way is acquired with public funds for public purposes. Some have argued for commercialization of the right-of way, though in 2012 the Senate voted 86–12 against commercialization of rest areas. Some states have considered proposal to sell large-screen 

commercial advertising on the right-of-way. For you reference, I am including a 

May 17, 2016, letter from Rep. Ted Poe (R–TX) to DOT Secretary Foxx on the subject. Do you support current policy that right-of-way purchased with public funds 

should be limited to public purposes? 

Answer. I understand this issue is addressed in existing Federal laws, and if I 

am confirmed, the Department of Transportation will adhere to the law, unless and 

until it is changed. 

Question 4. Do you think the safety rules for general aviation of Part 91 and ondemand aircraft charters of Part 135 should apply to all flights, whether the flight 

is arranged for by a pilot or charter broker on the Internet, or over the phone? 

108 

Will you work to refine the Enhanced Consumer Protections for Charter Air 

Transportation NPRM from 2013 to ensure that safety is the paramount consideration, and that all charter brokers, indirect air carriers, and direct air carriers meet 

the appropriate safety, licensing and fitness determination standards? 

Answer. As I mentioned at the confirmation hearing, safety will be DOT’s number 

one priority. If I am confirmed, during my first 100 days, I plan to order a review 

of all outstanding NPRMs, with an emphasis on safety-critical proposed rules. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. DAN SULLIVAN TO

HON. ELAINE L. CHAO

Question. The public transportation needs of Alaska, like everywhere else, far exceed resources. Federal Transit Administration urbanized area formula funds for 

Anchorage for this year and last year are held up, creating strains that increase by 

the day. The Alaska Railroad has asked FTA for an administrative solution that will 

allow these funds to flow again. Under this solution, the funds would flow to Anchorage’s two FTA recipients, the Alaska Railroad and the Municipality of Anchorage, the way they always have, and this would change only if the Alaska Railroad 

and the Municipality of Anchorage agree to a change. Will you please review this 

suggested solution as a way to get FTA formula funds flowing again for public 

transportation in Alaska? 

Answer. If confirmed, I will receive a briefing on this and other FTA issues and 

hope to gain an understanding of the solution you have suggested. I look forward 

to following up with you and the Committee upon completion of my review. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. DEAN HELLER TO

HON. ELAINE L. CHAO

Senator Markey and I successfully included our legislation, the Safety Through 

Informed Consumers Act (STICRS) Act, in the FAST Act (Sections 24321 & 24322 

of PL 114–94.) These provisions require the National Highway Traffic Safety Administration (NHTSA) to promulgate a rule by December 15, 2016 to ensure that 

crash avoidance technology ratings are incorporated into NHTSA’s 5-star rating system and placed on the window sticker of every new car. 

In December 2015, the Department issued a notice requesting comments to 

planned changes to the National Highway Traffic Safety Administration’s (NHTSA) 

5-Star Safety Ratings for new vehicles. NHTSA is then expected to initiate a rulemaking to update the vehicle label to include the crash avoidance technology information as part of its new 5-Star Safety Ratings system. 

It is clear that NHTSA is not going to complete this work before the inauguration. 

It is my belief that this update will help consumers who are shopping for an automobile become aware of safety technologies that can prevent accidents. Additionally, 

it will incentivize additional innovation within the automotive industry. 

Question 1. Throughout your confirmation hearing, you emphasized the importance of implementing the many important policy reforms implemented by the 

FAST Act. Once confirmed, will you commit to completing this rulemaking expeditiously, given that NHTSA has already missed the statutory deadline? 

Answer. If I am confirmed, I will make review of this issue, and the reasons for 

the rulemaking delay, one of my top priorities. After my review, I will work with 

you and the Committee to ensure the matter is resolved. 

Question 2. As I mentioned in the confirmation hearing, Nevada’s economy relies 

heavily on tourism. Travel spending adds nearly 60 billion dollars into the Nevada 

economy annually, accounting for about 13 percent of the state’s annual GDP. The 

travel industry has been a driving force behind our state’s economic recovery, and 

policies that improve access to efficient, safe, and cheap travel are among my top 

priorities in the United States Senate. 

Earlier this month, the Las Vegas Convention and Visitors Authority reported 

Southern Nevada drew 42.9 million tourists to town in 2016, 600,000 more visitors 

than the region tallied in 2015. McCarran International Airport reports that international travel is up three percent. The remarkable growth of international travel 

throughout our country has been fueled by Open Skies agreements that have fostered competition and expanded air service to the benefit of American consumers. 

For more than 25 years, our Nation has been committed to Open Skies and we 

have negotiated over 100 Open Skies agreements with other nations, including most 

of our major aviation partners. Our Open Skies agreements are resulting in new 

international service to smaller gateway cities, including critical tourist hubs in my 

109 

home state, and have allowed foreign carriers to develop relationships with U.S. carriers to deliver passengers to smaller destinations all over the country. 

As Secretary, do you plan to continue the policy of open skies? 

Answer. There is no doubt that travel and tourism are good things, and we benefit 

from having tourists come to our country, and from Americans having access to 

travel destinations abroad. We live in a world that requires connectivity, and aviation agreements can help provide that. At the same time, if I am confirmed, I will 

work to ensure that our Open Skies agreements will produce genuine benefits for 

the American people. 

Question 3. Liberalization of air services has allowed numerous new routes across 

the Atlantic, the Pacific, into Canada and Mexico and other parts of the world. Will 

the Trump Administration and you as Secretary, continue to liberalize air service 

markets around the world? 

Answer. I look forward to being briefed on Open Skies agreements and pursuing 

policies that will facilitate greater travel and tourism and genuine benefits for the 

American people. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BILL NELSON TO

HON. ELAINE L. CHAO

Question 1. Infrastructure Funding—Many members of the Committee expressed 

an interest in increased Federal funding for infrastructure. I was pleased to hear 

your support for Federal funding as part of any infrastructure plan that the Administration puts forward. I was also pleased to hear your commitment to work with 

Congress and share the details of any proposal. 

If confirmed, will you commit to share the details of an infrastructure proposal 

within the first 30 days in your role as Secretary? Please also provide additional 

details on the infrastructure task force. 

Answer. As I stated during my testimony, the incoming Administration is still reviewing and considering all of the options available for our infrastructure plan. As 

soon as that proposal has taken shape, we are looking forward to sharing it with 

Congress and understanding the various perspectives and feedbacks of members, especially yours. 

Question 2. Some critical infrastructure projects don’t generate revenue. Many cities in Florida rely on Federal support to build much needed transit projects. How 

will the tax credit proposal benefit major transit expansion projects like those in my 

state? 

Answer. Tax credit proposals are but one option that exists for an infrastructure 

plan. For a plan as ambitious as the one the President Elect has articulated, all financing options must be evaluated and considered. As the details of the plan have 

not been developed, it would premature for me to speculate on the outcome or effects of any plan. If confirmed, I will work to help produce an infrastructure plan 

that makes Federal transportation safe, accessible and efficient. 

Question 3. NextGen—Some Air Traffic Control (ATC) privatization proponents 

suggest that NextGen is coming up short. However, the FAA recently made clear 

in a letter to Chairman Thune (available at https://www.faa.gov/news/updates/ 

media/SenatorlThune-FAAlresponse.pdf) that NextGen is already delivering real 

benefits for the aviation industry, translating into nearly $3 billion in savings in 

passenger time and occupant safety and reduced fuel and aircraft operating costs. 

In my view, ATC privatization would only disrupt and delay NextGen progress that 

is already being made. 

If confirmed, how will you further FAA’s efforts to continue modernizing our air 

traffic system through NextGen? 

Answer. NextGen promises to deliver a safer and more efficient national airspace 

system. I understand and appreciate that NextGen is the most complex modernization project that FAA has ever undertaken. That being said, it clearly can be managed better. Over the last decade, the DOT Inspector General has issued dozens of 

reports detailing NextGen delays and cost overruns. The U.S. Government Accountability Office (GAO) issued a recent report that included a survey of aviation stakeholders who expressed skepticism that the FAA can successfully implement 

NextGen in a timely and cost efficient manner. 

We owe it to American taxpayers, the traveling public, and all users of the NAS 

to provide the safest, most efficient system possible. We also owe it to taxpayers to 

ensure that Federal contracts and implemented quickly and efficiently. If confirmed, 

one of my top priorities will be to ensure that passengers, shippers, and other users 

110 

finally begin to realize the many operational and safety benefits that NextGen will 

provide as quickly and as cost-effectively as possible. 

Question 4. Norwegian Air International Matter—The U.S. Department of Transportation (DOT) recently approved Norwegian Air International’s (NAI) application 

for a foreign air carrier permit to conduct scheduled flights between the United 

States and countries within the European Union. Although many communities, including in my State of Florida, may benefit from air service by NAI, labor groups 

are concerned that this decision will negatively impact the hardworking men and 

women employed by the U.S. domestic aviation industry. 

If confirmed, what will you do to ensure that the consumer and economic benefits 

of DOT’s decision are truly realized and high labor standards remain a top priority? 

Answer. I will take seriously the statutory mandate to strengthen the competitive 

position of our Nation’s air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for our carriers to maintain and 

increase their profitability in global markets. I will oppose any foreign air carrier 

license applications that are inconsistent with our air service agreements or would 

undermine the economic viability and global competitiveness of our Nation’s air carriers. 

Question 5. NHTSA Recalls—The National Highway Traffic Safety Administration 

(NHTSA) has faced the challenging task of coordinating the Takata airbag recalls, 

but the agency has taken a proactive approach that prioritizes safety. Further, the 

Takata airbag recalls do not currently cover desiccated ammonium-nitrate-based inflators, or inflators with a chemical drying agent that absorbs moisture. There are 

many millions of these inflators on the roads today. I am concerned that these inflators may pose a risk to safety if the ammonium nitrate becomes unstable. 

• If confirmed, will you continue to prioritize the driving public’s safety and continue to be aggressive in your handling of the Takata airbag recalls? 

• Will you ensure that NHTSA continues and accelerates its work to determine 

the safety of desiccated Takata inflators? 

• Based on the auto safety crises we have seen over the past several years, do 

you think NHTSA needs more resources to effectively carry out its statutory 

safety mission? 

• Do you agree that all motor vehicle recalls are safety recalls? 

Answer. If confirmed, I intend to receive detailed briefings from NHTSA staff regarding the Takata airbag recall. I can assure the Committee that safety will be 

my top priority, and as Secretary, I will ensure that all recalls are completed as 

swiftly and effectively as possible. All motor vehicle recalls are important, and I will 

work with the NHTSA staff and the Congress to make certain our resources are 

used wisely. 

Question 6. Drunk Driving—The DADSS research program is a public-private initiative that can end drunk driving. The technology would be able to quickly and unobtrusively determine if a driver is at or above the illegal limit of .08 BAC. The Insurance Institute for Highway Safety estimates that the technology could save 7,000 

lives each year. 

If confirmed, can you commit that you would review all avenues to hasten the 

technology development of the DADSS program? 

Answer. If confirmed, I will receive a full briefing from NHTSA regarding the timing, technology, and funding of the DADSS program. Impaired and drunk driving 

is a grave public safety concern and one I pledge to focus on if confirmed. 

Question 7. Self-Driving Vehicles—Florida is one of the leading states in the Nation in promoting the development and deployment of self-driving vehicles. Other 

states are also playing an active role in addressing promising technology that could 

revolutionize transportation. Recent NHTSA guidelines recognize the need to avoid 

a ‘‘patchwork’’ of state laws, while they also conclude that states should continue 

to take the lead on matters affecting insurance and liability, as well as other traditional state vehicle responsibilities, such as licensing and registration. What are 

your thoughts on how DOT and NHTSA should approach state insurance and liability issues with regard to autonomous vehicles? 

Answer. If confirmed as Secretary of Transportation, I will request that NHTSA 

provide a full demonstration and briefing regarding State and Federal laws and regulations related to autonomous vehicles. States’ retain the right to regulate on many 

issues related to motor vehicles, such as driver licensing requirements, but a ‘‘patchwork’’ of laws could present challenges for the Department as well as the automobile 

and insurance industries. I will review the agency’s actions and proposals. 

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Question 8. Passenger Rail Service—The FAST Act mandated that the FRA convene a working group to evaluate the restoration of intercity passenger rail service 

between New Orleans and Orlando—a corridor that was significantly impacted by 

hurricane Katrina. Many of these communities support passenger rail service to 

help drive economic development. Currently, additional funding is needed to help 

return this critical service. The working group is developing a report on recommended capital and operating solutions to restore improved passenger rail service along the corridor. 

If confirmed, how will you be supportive of restoring passenger rail service along 

the Gulf Coast? 

Answer. Rail service to the Gulf States is an important issue facing USDOT. The 

Gulf states have seen many challenges over the last several years since Katrina. At 

this time, it would be premature to speculate on this matter until I have been completely briefed on the Gulf Coast Passenger Rail Working Group’s report. If confirmed, I look forward to reviewing the report and working with you to determine 

the best course forward. 

Question 9. Federal Lands—The National Park Service has a nearly $6 billion 

backlog of transportation projects. Nearly a third of that is for megaprojects, which 

are beyond the funding capacity of the National Park Service. One such project in 

my state, the bridging of the Tamiami Trail, is critical to the restoration of the Everglades. Congress created the Nationally Significant Federal Lands and Tribal 

Projects program to address these types of projects. Do you support the need for additional funding to advance these critical projects? 

Answer. I have not yet had the opportunity to review DOT’s transportation infrastructure project backlog. If confirmed, I will give my full attention to evaluating 

all infrastructure projects and proposals and will consider the appropriate, necessary steps to alleviate the backlog of worthy projects Commercial Space Transportation. 

The Secretary of Transportation is tasked with overseeing and promoting commercial space transportation, which supports an industry worth more than $300 billion. 

In practice, nearly all of these responsibilities are currently delegated to a small division within the Federal Aviation Administration called the Office of Commercial 

Space Transportation. 

If confirmed, what will you do to make sure the commercial space industry in the 

U.S. continues to grow and prosper? 

Answer. As I mentioned during my confirmation hearing, I strongly support and 

hope the Department will be a catalyst for U.S. innovation leadership. We must provide an environment for the commercial space industry to grow and, if confirmed, 

I will make that a priority. 

Question 10. Scientific and Professional Staff Integrity—If confirmed, will you 

work to ensure that data produced and obtained by the Department of Transportation are made available to the public in a timely manner, consistent with relevant 

privacy and confidential business information laws? 

Do you agree that only scientists and technical experts should edit scientific and 

technical content? 

Answer. If confirmed, I will support transparency and public access to information 

consistent with the law regarding privacy, confidentiality and national security. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARIA CANTWELL TO

HON. ELAINE L. CHAO

Question 1. Marinating Federal Commitments—Secretary Chao, for Washington 

state, and I imagine many states, mass transit is an essential part of the transportation infrastructure. In 2015, Sound Transit moved 34 million people in the Puget 

Sound region. The Washington State Ferry system is the largest in the country and 

the third largest transit mode in the state. If mass transit were eliminated in Washington state, an additional four lanes would need to be added to I–5 in order to handle the increased congestion. 

This robust mass transit system in Washington state is made possible by a strong 

commitment from the Federal Government. Voters in Washington recently approved 

the Sound Transit 3 initiative, a $54 billion transit project that is partially funded 

through the TIFIA program, as well as the Small Starts and New Starts program. 

In previous administrations, the precedent has been to continue to honor grant 

agreements for projects that are currently in the works. 

• As Secretary, do you expect to advance and fund projects that are already in 

the pipeline like Sound Transit’s expansions to Lynnwood and Federal Way? 

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• Will you commit to funding for all Capital Investment grant recipients in Washington state, including Swift II Bus Rapid Transit, Madison Street Corridor Bus 

Rapid Transit, Seattle Streetcar Center City Connector, Spokane Central City 

Line and Tacoma Link Expansion? 

• Will you fully honor the Master Credit Agreement so that the people of my region can continue to enjoy the benefit of affordable loan rates for transit? 

Answer. Projects that are ‘‘in the pipeline’’ for programs such as Construction Investment Grants, TIFIA, RRIF or other USDOT programs do not yet have Federal 

funding commitments or grant obligations. Accordingly, my expectation is that 

projects that are in the pipeline for future grant agreements or funding obligations 

must satisfy applicable USDOT criteria to obtain those funding agreements or obligations. If confirmed, I would expect to receive appropriate briefings regarding the 

project readiness, project justification, and applicable local financial commitment for 

projects that are in the pipeline, as well as status updates regarding projects for 

which funding commitments already exist. 

Question 2. Crude by Rail—An extremely important issue that affects my constituents, as well as the rest of the nation, is the regulation of crude oil transported 

by rail. We already know the heavy cost a derailment can have on the people in 

the affected communities and on the economy. The recent derailment in Mosier, Oregon cost $9 million to clean up after more than 40,000 gallons of oil leaked from 

punctured tank cars and caught fire. An explosion in Lac Megantic, Canada killed 

47 people. 26 cities and towns in Washington state have passed resolutions expressing deep concerns about the safety and environmental threat posed by shipping 

crude oil by rail. 

Over the last several years, I have worked with the Obama administration to provide additional data and resources to first responders who are called to respond to 

dangerous emergency situations, clean up these oil spills and study the volatility of 

different crude oils. However, more still needs to be done by the Federal Government to properly regulate crude-by-rail, particularly volatility. 

As a result of my efforts, there is a volatility study being conducted by the Department of Energy and the Pipeline and Hazardous Material Safety Administration 

investigating the properties of crude oil that affect combustion, including volatility. 

This study will be completed this year. 

• After its completion, will you issue a national standard for volatility? 

• How will you work with the private sector to get them to cooperate developing 

safer volatility standards? 

• Do you plan to eliminate any regulations pertaining to the safe transport of 

crude oil by rail? 

• Does the administration plan to suspend any ongoing rulemaking relating to 

transporting crude oil by rail? 

Answer. The Pipeline and Hazardous Materials Safety Administration (PHMSA), 

along with other government and industry stakeholders, has taken significant action 

to increase the margin of safety for transporting hazardous materials. These actions 

culminated in the new tank car rule which will phase out older cars from being operated on our Nation’s rails. 

If confirmed I will work with all stakeholders to ensure the future safety of commodities being transported. As far as uncompleted studies and initiatives go, I have 

not yet been briefed on these particulars but can say that I will look for ways to 

continually strengthen and renew our energy transportation infrastructure. 

Question 3. Davis-Bacon and Project Labor Agreements—President-elect Trump 

ran for office pledging to defend the American worker. Federal prevailing wage law 

guarantees that workers on public works construction projects receive fair wages to 

support their families. One of my hopes for this Congress is that we can make 

progress on a bipartisan infrastructure bill. For me, and for the hardworking people 

of Washington State, it’s essential that such a package contain protections ensuring 

a family wage. 

The Administration must take important step towards fulfilling its pledge to the 

American worker by supporting the prevailing wage. 

Will you support Davis-Bacon Act wage determinations in a Federal infrastructure package? 

Answer. The Davis-Bacon Act is current law, and it will continue to be so until 

Congress elects to change that. It is one of the duties of the Secretary of Transportation to ensure that the procurement and awarding of projects that receive Federal 

funding is done in compliance with the law. 

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Will you pledge not to waive Davis-Bacon requirements for Federal contracts at 

the Department of Transportation? 

Answer. There is precedent for waiving Davis Bacon requirements in certain circumstances as a means to expedite recovery efforts and bring aid to communities 

after a disaster; however, these have been rare occurrences. It would be inappropriate for me to make a blanket promise along these lines without knowing more 

about the circumstances surrounding such a hypothetical decision. 

Question 4. Project Labor Agreements—Project Labor Agreements (PLA) are an effective tool in producing on-time and under-cost construction projects. As you know, 

the previous Administration issued an Executive Order (13502) encouraging the use 

of PLA for Federal construction projects. Do you support the Executive Order to use 

PLA in Federal construction projects? 

Answer. I believe that taxpayer funded construction projects should be awarded 

based upon merit, and the bidder’s ability to perform the work capably, safely, on 

time and within budget. If the firm that wins the bid based on those criteria elects 

to use a PLA, I support their right to do so. 

President-elect Trump ran for office pledging to defend the American worker. Federal prevailing wage law guarantees that workers on public works construction 

projects receive a fair wage to support their families. 

Can you confirm that your agency will pay a prevailing wage as required by Federal law? 

Answer. As I stated above, the Davis Bacon Act is current law, and it will continue to be so until Congress elects to change that. It is one of the duties of the 

Secretary of Transportation to ensure that the procurement and awarding of 

projects that receive Federal funding is done in compliance with the law. 

Question 5. Unsecured Loads—Secretary Chao, an issue that I am interested in 

is the collection of data and the safety issues associated with unsecured loads, that 

is, goods being carried by vehicles that are improperly tied down to the roof, trunk, 

or truck bed. 

The GAO looked into this issue in November 2012 and found that while unsecured 

loads are a safety risk, improvements must be made to data collection so that National Highway Transportation and Safety Administration can better understand 

the scope of this problem. I worked with my colleagues on language in the Fixing 

American’s Transportation Act (FAST) Act that encouraged the Department of 

Transportation to work with states on safety awareness campaigns for unsecured 

loads that applied for grants through the State Highway Safety Program. 

• What policies will you implement to improve data collection on unsecured loads 

at NHTSA? 

• How do you plan to work with states to reduce the risk of unsecured loads? 

Answer. If confirmed, I will ask NHTSA for the latest status of its efforts to obtain data regarding unsecured loans, and what strategies they have identified to improve data collection. 

Question 6. NextGen Implementation—As you know, the foundational infrastructure for NextGen is in place, yet the system has not been fully implemented. The 

FAA has made progress, but not as much as stakeholders, and members of this 

panel, would like to see. 

The benefits of NextGen are clear. For example, at Seattle-Tacoma International 

Airport the Greener Skies program, which depends on NextGen’s GPS based technology to allow Required Navigation Performance approaches, is resulting in significant fuel savings, reducing pollution and saving time for passengers, all while maintaining the highest level of safety. 

The FAA is working on similar redesigns of the most crowded airspace over other 

cities and regions across the country, bringing the benefits of these ‘‘metroplex’’ redesigns to other communities and making the National Airspace system as a whole 

more efficient. 

Given these benefits to the environment, airline passengers, airlines, airports and 

surrounding communities, it is clear that we need to continue the work to get 

NextGen fully implemented. 

• Do you agree that full implementation of NextGen program, including the 

metroplex projects which will result in more efficient approach and departure 

procedures in our busiest airspace, should be a priority? 

• Do you anticipate investment in NextGen implementation being a part of the 

Trump Administration infrastructure investment plan? 

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Answer. A major component of our Nation’s aviation infrastructure is our antiquated air traffic control (ATC) system, which is primarily based on World War IIera radar surveillance technology. Our nation’s passengers, shippers and aircraft operators—as well as our world-class air traffic controller workforce—deserve much 

better. For these reasons, further investment in the core NextGen programs will be 

a priority. 

Question 7. Certification Reform—In the years ahead, the FAA will be tasked with 

an unprecedented amount of certification work as new aircraft and manufacturing 

techniques will be entering the market at the same time. The FAA Reauthorization 

bill which passed this committee last year included language that would improve 

and add efficiency to the FAA’s Organization Delegation Authority (ODA) program, 

under which specially trained employees of specific manufacturers follow stringent 

FAA guidelines certify non-safety critical components on behalf of the FAA. Programs such as ODA will have a critical role to play in meeting this new demand, 

and ensuring that American manufacturers remain competitive across the globe. 

Can we work together to streamline FAA certification processes if you are confirmed? 

Answer. FAA has long been considered a global leader in aviation certification 

and safety. Many in the industry would say it has fallen behind the Europeans in 

terms of certification efficiency and effectiveness. 

If confirmed, will you work to help the FAA regain its global standing? 

Answer. Yes. If confirmed, I look forward to working with you to streamline FAA 

certification processes. It’s an important ingredient to fostering innovation and 

growth in the aerospace industry. 

Question 8. Contract Towers—The Federal Aviation Administration’s (FAA) Contract Tower Program provides a key level of safety at or below the cost of Federal 

control towers at 253 airports across the country. 

The Contract Tower Program has been endorsed by a multitude of users and 

stakeholders, including pilot groups, airport managers, and the National Transportation Safety Board. In 2012, a Department of Transportation Inspector General 

audit concluded that the Contract Tower Program provide safe Air Traffic Control 

services at a lower cost than similar FAA-operated towers. 

In 2013, the FAA attempted to close ‎173 contract towers in order to 

reach savings goals under sequestration, but reversed course under intense pressure 

from industry groups and Congress. 

• Do you agree that contract towers bring critical benefits to the communities 

they serve? 

• If confirmed, will you work to safeguard the safety of our National Airspace 

System by protecting the Contract Tower Program? 

Answer. The FAA’s Contract Tower Program has been a huge success. It’s been 

widely acknowledged by Congress, the National Transportation Safety Board 

(NTSB), U.S. Government Accountability Office (GAO), the airport community and 

FAA’s air traffic controller workforce that the program has enhanced safety, reduced 

FAA operating costs, and provided tower service to communities that might not 

have received it otherwise. 

Question 9. Advanced Materials—As you may know, Washington State is a leader 

in advanced manufacturing in composite structures, and we are very proud of the 

work being done at the FAA Center of Excellence for Advanced Materials in Transport Aircraft Structures at the University of Washington. I have long been an advocate for additional research into innovative technologies that can help us improve 

efficiency and resilience in our transportation sector and help us make more costeffective investments in our infrastructure. A great deal of attention has been focused on the use of composites in aviation, but I believe there are other opportunities as well. 

Are there ways to encourage additional research from across the Federal Government to help further a discussion about how to use innovative materials to build 

better infrastructure? 

Answer. If confirmed, I will work with Congress, NASA, and the industry to make 

sure that DOT facilitates research and innovation. 

Question 10. Customer Service Representative Assault—Incidents of air rage have 

received widespread media attention in recent years, as the frustrations of air travel 

have boiled over into violent or abusive behavior by passengers toward airline personnel or fellow passengers. Unfortunately, this violent or abusive behavior has increasingly been directed toward airline customer service representatives at airports, 

including gate and ticket agents. The Aviation and Transportation Security Act of 

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2001 included a provision that set Federal penalties for interfering with or assaulting airport and airline personnel who perform security duties. This is similar to a 

Federal statute that set Federal penalties for assaulting or interfering with cabin 

crew members. Unfortunately, while this provision was intended to cover gate 

agents, ramp workers, and other airline workers who control access to an aircraft, 

it has been interpreted by DOT and DOJ as only applying to TSA agents and law 

enforcement officers at airports. This interpretation has left gate and ticket agents 

who perform security functions without adequate Federal protections against assaults. 

• Will the DOT under your leadership modify this interpretation and provide Federal protections to all airline and airport personnel who perform security functions, including gate and ticket agents? 

• Will the DOT under your leadership develop a comprehensive plan for combating and responding to violent assaults on airline customer service representatives? 

Answer. Ensuring that we have the safest air transportation system in the world 

will be my top priority. This includes the health and safety of passengers, airline 

cabin crews and other airline employees. If confirmed, I will review the current 

process for preventing and responding to violent assaults on airline employees, and 

work with the Transportation Security Administration (TSA) and state and local 

law enforcement officers to provide further protections. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. AMY KLOBUCHAR TO

HON. ELAINE L. CHAO

Question 1. Data recently released by the National Highway Traffic Safety Administration (NHTSA) show that after five decades of declines, there was a seven percent increase in traffic fatalities from 2014 to 2015. We know that distractions behind the wheel played a part in this rise. I included a provision in the FAST Act 

to help more states qualify for Federal grants to fight distracted driving. 

Secretary Chao, do you agree that the Department of Transportation has an important role in educating drivers about the dangers of distracted driving? 

Answer. I believe that safety should be the top priority for the Department of 

Transportation. Increased fatalities on our Nation’s roads are of great concern to 

me, and I will receive a full briefing from NHTSA regarding the most recent fatality 

numbers and causes, if confirmed. I will focus the agency to develop strategies regarding all causes of highway deaths and injuries, including distractions. 

Question 2. I was glad to hear you are committed to ensuring infrastructure investments benefit both urban and rural areas. I also want to ensure that both urban 

and rural areas are benefiting from safety improvements on our roads. Today, more 

than 50 percent of roadway fatalities occur in rural areas, even though those areas 

only account for 20 percent of the U.S. population. 

If confirmed, will you work with states and local governments to address safety 

on rural roads? 

Answer. If confirmed, I will work with the Congress to ensure that NHTSA and 

FHWA have developed strategies to protect drivers on all roads, even those in rural 

areas. 

Question 3. In the last Congress, I introduced the Stop Trafficking on Planes Act 

to require training for flight attendants to recognize and report suspected human 

trafficking. A provision based on my bill became law as part of the FAA Extension, 

Safety, and Security Act of 2016. But human trafficking doesn’t just happen on airplanes. Truck drivers, like flight attendants, are also on the front lines of the battle 

against human trafficking and one of the best times to identify human trafficking 

is during travel. Many truckers want to be helpful in the fight against human trafficking and groups like Truckers Against Trafficking are training truckers to identify and report human trafficking. 

Secretary Chao, will you work with me to find ways the Department of Transportation can support private sector initiatives to fight human trafficking across all 

modes of transportation? 

Answer. I look forward to working with you and other members of Congress, the 

private sector, as well as federal, state, and local law enforcement, on developing 

a comprehensive strategy for combating human trafficking. As you noted in your 

question, the ability to recognize and respond to potential human trafficking victims 

is critical for airline workers who interact with passengers, as well as truck drivers. 

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Question 4. One of the very few industries to enjoy an exemption from antitrust 

law is the freight railroad industry. In part due to this exemption some rail shippers 

suffer from unfairly high prices. ‘‘Captive shippers’’ that only have access to one rail 

line are particularly vulnerable. Last Congress I worked with Chairman Thune on 

a bill that was signed into law to make the Surface Transportation Board more effective. Still, I think there is more work to be done to promote fair rail competition. 

Secretary Chao, will you work with me to ensure that shippers are treated fairly? 

Answer. A vibrant, economic and efficient freight rail network is critical to the 

success of U.S. manufacturers, and our Nation’s economy. As you know, the Surface 

Transportation Board performs a critical role in adjudicating service and rate disputes between shippers and freight railroads. If confirmed, I look forward to working with you to safeguard the fair treatment of all shippers. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL TO

HON. ELAINE L. CHAO

Question 1. The President-elect has discussed a one-trillion dollar infrastructure 

program to rebuild the country’s roads and transportation network. Details, however, are faint, with little more offered so far but proposals for corporate tax breaks 

and giveaways that somehow foster private-sector investment. Even these proposals, 

however, would only focus on revenue-generating projects—not necessarily ones that 

really need attention. Tax breaks are an insufficient way to rebuild roads, highways, 

and rail. Do you agree that tax breaks are an insufficient way to rebuild our transportation network? 

Can you provide more details on the President-elect’s plan? I understand a task 

force has been formed to look at this issue. When will it release more details? Where 

will passenger rail fit among the administration’s priorities? 

Answer. As I said during my confirmation hearing, the Department of Transportation cannot rebuild America’s infrastructure on its own. We must work collaboratively across the many agencies that will have a role in this plan. It would be 

inappropriate for me to speculate on specifics of President-elect Trump’s plan before 

they have been determined. 

Question 2. The Department of Transportation is involved in the life of nearly 

every American, as we all depend on safe roads, rails, pipelines and air—and the 

safe movement of goods. Do you agree the Department of Transportation must be 

strong and proactive in putting forward rules and regulations to protect us all? 

In your response to the questionnaire from the Commerce Committee, you stress 

the need for ‘‘decreasing the regulatory burdens when appropriate.’’ Can you provide 

an example of such a ‘‘burden’’? What specific rules would you ‘‘decrease’’? What 

rules do you plan to defend? Do you agree that regulations can be a force for good? 

Answer. It would be inappropriate for me to speculate on the merit of specific regulations before I am confirmed and have been briefed by those administering and 

enforcing them. I believe regulations should be based on sound science and data and 

should produce demonstrable benefit to the American people. If confirmed, I will 

strive to ensure that DOT’s regulations bring tangible benefits. In transportation, 

that means regulations that are data driven and periodically reviewed for efficacy. 

Question 3. In the past few years, we have had to witness an unfortunate phenomenon throughout DOT: regulatory capture, or as others call it, coziness between 

the regulator and the regulated. DOT isn’t the only place this distressing situation 

occurs, but it has been one of the more blatant. At the Federal Highway Administration, the agency turned a blind eye to safety concerns regarding guardrails, listening 

instead to a major manufacturer’s false assurances of its product’s safety. At 

NHTSA, the agency held off aggressive recall efforts despite growing and glaring 

concerns regarding ignition defects and airbags. These are just two examples, but 

they happen elsewhere in other modes. Do you agree that regulators should focus 

on the public well-being, not private corporations’ profits? How will you guard 

against the problem of regulatory capture? 

Answer. If I am confirmed, USDOT will focus on the public interest. I will expect 

USDOT to consider and evaluate the interests of all stakeholders, including individuals, as well as state and local stakeholders, and the private sector. It is my view 

that public safety should always be the Department’s paramount concern. 

Question 4. Perhaps the biggest aviation issue that Congress will address this 

year is whether to spin off our air-traffic control services and transfer their control 

from the FAA to a private entity that would have outsized influence from airlines. 

I have many concerns about privatizing our country’s air traffic control system, especially the negative impact it could have on consumers. During your testimony, you 

117 

mentioned that you have yet to form a conclusion on this. What is your time-frame 

for developing a position on this issue? To what extent will you value consumer protection in your analysis? 

Answer. If I am confirmed, reviewing the ATC reform proposal included in the 

AIRR Act, as well as the governance and financing proposals adopted by other nations, will be an immediate priority since the current authorization expires on September 30, 2017. I assure you that consumer protection will be an important consideration in my review. 

Question 5. We’ve seen many disasters on our rail network in recent years. A significant number of these disasters have happened on Metro-North Railroad, affecting my constituents. What lessons have you learned from these disasters? What’s 

the first thing you’ll do to improve rail safety? Do you believe this is an example 

where the Federal Government should require action? 

Answer. Maintaining the safety of our Nation’s transportation network must be 

one of the top priorities of the Department of Transportation. The 2013 Metro-North 

Railroad accident that lead to the death of four riders was a terrible tragedy. If I 

am confirmed, one of my first priorities will be to receive a complete review of the 

circumstances surrounding the Metro-North accident as well as the current state of 

rail safety in America. Upon completion of this review, I look forward to following 

up with you to address any needed action from the Department. 

Question 6. There’s one function that’s uniquely housed within the Secretary’s office—the Office of Aviation Enforcement and Proceedings, including its Aviation 

Consumer Protection Division, which focuses on consumer issues. Under current 

law, consumers and states lack a private right of action regarding unfair, deceptive, 

and anti-competitive practices against airlines. Consumers’ only recourse is to file 

a complaint with DOT, hope DOT pursues the matter through administrative remedies and civil fines. These remedies—like cease and desist orders—can be weak, 

and fines (which are negotiated) can be weak as well. For example, in 2015 DOT 

levied $2.7 million in fines against an industry with nearly $169 billion in annual 

revenue. And that’s just for unfair consumer practices. The situation is worse for 

persons with disabilities trying to assert their rights to be accommodated when flying. Only DOT can assert their claims and receive damages. In 2014, passengers 

filed 772 disability-related complaints with DOT about airlines. But the U.S. Department of Transportation does little with these individual complaints, taking real 

action only when there are ‘‘a number of complaints’’ against one airline, as DOT 

wrote one disabled passenger. Even then enforcement is rare. For example, in 2015, 

there were no enforcement orders against any airlines. In 2014, there was just one. 

Would you agree the current framework is a giveaway to the airlines with a longrunning, unintended effect that protects airlines from regulation and vigorous oversight? Wouldn’t allowing a private right of action—in addition to continuing to allow 

DOT enforcement efforts—make real, structural changes to how airlines operate and 

interact with the public? 

Answer. If confirmed, I will review recent DOT enforcement actions against airlines to ensure that passenger complaints are considered in a fair, expeditious manner, and that existing passenger protection rules, including those designed to protect 

the rights of persons with disabilities, are vigorously enforced. I will take seriously 

the statutory mandate to prevent unfair, deceptive, and anticompetitive practices in 

air transportation. 

Question 7. Nearly 4,000 people are killed in truck accidents each year, and 97 

percent of those are drivers or passengers in a passenger car. What will be your 

approach toward ending the scourge of deaths from trucks on our highways? 

Answer. As I noted in my confirmation hearing, safety will be the number one 

priority for the Department under my leadership. Technology can leverage safety 

achievements and incentives for encouraging fleet owners to invest in safety technologies on their commercial vehicles, and is important to saving lives on our highways. The use of Electronic Logs, for example, have been a high priority for the 

FMCSA. 

It is also my understanding that DOT believes half of all CMV accidents are actually caused by automobiles. If confirmed, I will ask the NHTSA and FMCSA Administrators to work closely together to develop and implement a safety plan that will 

reverse the increasing accident numbers from recent years. 

Surveys of trucks drivers show many are fatigued and many often fall asleep at 

the wheel—endangering us all. They need rest. How will you address fatigue? 

Answer. Congress recently enacted language in the FY 2016 appropriations legislation, that required FMCSA to complete a study about provisions of the 34-hour 

restart. If confirmed, I will submit the information to those specified in the enacted 

legislation. 

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Additionally, The FMCSA Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a statutory requirement of the 

Moving Ahead for Progress in the 21st Century Act (MAP–21), enacted by Congress 

in July 2012. The final rule was published on December 15, 2015, and establishes: 

Requirements for the mandatory use of ELDs by drivers currently required to prepare HOS records of duty status (RODS); Minimum technical specifications for 

ELDs, including a requirement to certify and register ELD systems with FMCSA; 

Requirements for HOS supporting documents; and Measures to address concerns 

about harassment resulting from the mandatory use of ELDs. The compliance date 

for the ELD Final Rule is December 18, 2017. As stated above, this rule is designed 

to positively affect the fatigue issues that have historically existed in the motor carrier industry. 

After FMCSA published the final ELD Rule, the Owner-Operator Independent 

Drivers Association (OOIDA), and two individual owner-operator truck drivers, filed 

a challenge to the rule in the United States Court of Appeals for the Seventh Circuit. The American Trucking Associations, Inc., and, in a joint filing, the Trucking 

Alliance for Driver Safety and Security and the Advocates for Highway and Auto 

Safety, filed amicus briefs in support of the final rule. On October 31, 2016, the 

court denied the petition for review and held that the ELD rule is not arbitrary or 

capricious, nor does it violate the Fourth Amendment. 

There have been many efforts over the past year to increase the size and weight 

of trucks on our highways, something Americans clearly don’t want. Bigger trucks 

are terrifying—and unsafe, as they take longer to stop and can sway. They also 

cause more wear and tear on our already worn-out roads. Will you fight to ensure 

that trucks are not allowed to get longer and heavier? 

Answer. I recognize there is a lack of consensus on truck size and weight. The 

FAST Act requires the U.S. DOT to submit to the Committee on Commerce, Science, 

and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the safety and enforcement impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST Act. 

If confirmed, I will ensure that FHWA will require safety and enforcement information for this report as part of the State enforcement plan required under 23 CFR 

657. 

Question 8. Ten years ago, national safety advocates first urged DOT to mandate 

the installation of speed-limiting devices on large truck to prevent them from traveling at dangerous speeds on U.S. roads and highways. Trucking industry representatives joined this call, recognizing the dramatic savings in lives and dollars that 

would come from such a mandate. In August, after years of analysis, DOT put forward a proposed rule that would carry out this vision, mandating speed limiters on 

any vehicle heavier than 26,000 pounds, including commercial trucks, intercity passenger buses, and school buses. The faster large vehicles travel, the deadlier they 

can become. Large vehicles already take longer to stop than smaller passenger vehicles. And just a small increase in speed leads to an exponentially large increase in 

kinetic energy, which can cause far greater damage and destruction in a crash—especially to those traveling nearby in much smaller, lighter passenger vehicles. 

Crashes involving large vehicles kill around 4,000 people each year and injure more 

than 100,000. Speeding has been identified as a possible factor in as many as 23 

percent of these crashes. A vehicle with a functioning speed limiter is only half as 

likely to be involved in a crash as a vehicle without an operating device. DOT put 

forward a proposed rule in August will save hundreds of lives and prevent thousands of injuries. A strong, sensible rule will save millions of dollars and will respond to strong public sentiment that wants speeding trucks to simply slow down. 

It will ensure that no trucking company creates an uneven playing field, tolerating 

speeding while competitors comply with the law. It will ensure that large vehicles 

are going no faster than their tires and other parts were designed to handle. Do 

I have your commitment to completing this rule? 

Answer. As I stated above, I am aware that despite efforts of the current administration, trucking crashes have increased in recent years. If confirmed, I will ask the 

FMCSA and NHTSA Administrators to work together closely to identify the root 

cause of accidents, and why the current regulatory posture of the agency has not 

effectively reduced these number and to see what initiatives will be effective at reducing the number of crashes, deaths and injuries. 

Question 9. Last month, Congress passed the Water Infrastructure Improvements 

for the Nation (WIIN) Act, a $10 billion bill that makes major investments in the 

country’s water infrastructure. The bill largely focused on the Army Corps of Engineers—outside the purview of DOT. But DOT has tremendous oversight of our country’s maritime economy, freight, and ports and the WIIN Act shows that bipartisan 

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action and investment is possible. What is your plan to improve the economic viability of our country’s ports, especially the three ports that we have in Connecticut? 

Answer. I recognize the important role our country’s ports and harbors play in our 

economy. This infrastructure is critically important and we must ensure our Nation’s multi model freight network incorporates every mode of transportation. If confirmed, I plan to make sure that our ports connect our farmers, manufacturers, and 

consumers to the world marketplace, and I will work with all of our modes of transportation to ensure we have a safe, secure and efficient system. 

I also look forward to being briefed on the revised National Maritime Transportation Strategy which has been under development for some time within the DOT. 

Question 10. In 2012, Congress passed the Motorcoach Enhanced Safety Act of 

2012 as part of MAP–21, a major surface transportation reauthorization bill. The 

law requires a number of efforts to improve motorcoach safety. These efforts were 

mandated in the aftermath of several horrific incidents. One provision requires improvements in the roof strength and crush resistance of large, intercity buses—aka 

motorcoaches. Another requires improvements to prevent passengers from being 

ejected through windows. These mandates were all due by October 2014, but they 

still remain unmet. Will you ensure that the basic motorcoach safety regulations required by MAP–21 that are still outstanding are issued promptly without any further delay? 

Answer. If confirmed, I will require an immediate update from NHTSA and 

FMCSA on the MAP–21 requirements. 

Question 11. The use of smart phones has proliferated in recent years and led to 

an alarming increase in incidents of distracted driving. What steps will you take to 

prevent distracted driving and the dangers it can cause on our roads? 

Answer. If confirmed, I will request an update on the status of DOT actions to 

date in regard to distracted driving and what strategies are being recommended to 

augment state and local initiatives to deal with this significant safety problem. 

Question 12. Thousands of pedestrians are killed every year and tens of thousands 

of pedestrians are injured. What steps will you take to end pedestrian deaths and 

injuries? Will you support safety standards for the hood and bumper areas of motor 

vehicles in order to reduce the severity of injuries suffered by pedestrians and 

bicyclists that frequently result in death and lifelong disabilities? 

Answer. If confirmed, I will obtain appropriate briefings regarding structural 

changes to motor vehicles that could reduce the severity of injuries to pedestrians 

and bicyclists. 

Question 13. The North American Free Trade Agreement (NAFTA) opened opportunities for trucking companies domiciled in Mexico to operate within the United 

States. The Department of Transportation undertook a pilot program allowing certain Mexico-domiciled carriers to operate in the U.S. and concluded such carriers 

could operate safely in this country. The DOT Inspector General, however, found 

that the pilot program was flawed and produced unreliable results. How will you 

address the concerns raised by the Inspector General? Will you oppose allowing 

Mexico-domiciled trucks to operate in the U.S.? 

Answer. If confirmed, I will expect to receive briefings on the requirements of current law and treaties applicable to this issue, and the status of any discussions the 

Department has had with its counterparts in Mexico. 

Question 14. Many states—including Connecticut—provide workers with mandatory meal and rest breaks. These laws have existed for nearly a century in some 

states and are critical for all kinds of workers, protecting them from workplace fatigue and related accidents, injury and death. These laws also apply to commercial 

truck drivers, with some exemptions. Federal courts have ruled these laws are not 

pre-empted by Federal law. Some seek to pre-empt these meal and rest break laws 

so as to maximize the workday of truck drivers. If this happens, there would be 

fewer opportunities and incentives for truck drivers to rest. Are you concerned about 

these efforts? Will you defend these important safety laws? 

Answer. Safety will be the number one priority for the Department. There have 

been several judicial rulings in recent years concerning mandatory rest breaks for 

truck drivers. The U.S. Supreme Court declined to review a 9th Circuit Court of Appeals 2014 ruling concerning this matter. I am concerned to what extent state laws 

could affect the Department’s jurisdiction and role in regulating trucking but I have 

not been briefed on this issue and will be glad to look into it if confirmed. 

Question 15. About 10,000 people die each year because of alcohol-impaired driving. This annual figure has remained steady for two decades. As we consider ways 

to eliminate preventable deaths, we must examine changes to the laws around alcoVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00125 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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hol impaired driving. Do you support efforts to highlight the message that driving 

under the influence of alcohol at any level is impairing? 

Answer. Yes. USDOT has an important role in educating the public regarding 

driving under the influence of alcohol and other substances that can impair drivers. 

Question 16. Do you agree that all NHTSA recalls are safety recalls, address an 

unreasonable risk to safety, and should be promptly repaired? 

Answer. USDOT and NHTSA should seek to ensure that all safety recalls are 

promptly repaired, particularly if the reason for the recall poses an unreasonable 

risk to safety. 

Question 17. One pressing safety issue for children involved in crashes is that 

even when properly secured in a child restraint, failure of a front seatback in a 

crash may put back seat passengers—especially infants and children—at serious 

risk of injury or even death. According to a child rear impact study commissioned 

by the Center for Auto Safety, approximately 50 children placed behind occupied 

seats die annually in rear impact incidents. 

If confirmed, will you upgrade the safety standard for seatback performance to 

better protect back seat passengers? 

Answer. If confirmed, I will seek appropriate briefings regarding this issue and 

will fully consider upgraded standards for seatback performance. 

Question 18. Nearly 1 in 5 vehicles on our Nation’s roads have unrepaired safety 

defects. In 2015, nearly 900 million vehicle recalls involving 51 million vehicles were 

issued, eclipsing the previous record set in 2014. Accordingly, millions of vehicles 

on our Nation’s roads and highways have critical safety defects that have not been 

repaired. 

If confirmed, what specific actions will you direct NHTSA to take to increase the 

recall completion rate and reduce the number of cars with open safety recalls from 

our Nation’s roads? 

Answer. If I am confirmed, USDOT will have no more important mission than 

safety and security. I will obtain full briefings regarding ways for NHTSA to increase the recall completion rate. 

Question 19. While new car dealers are required to repair safety recalls before 

selling vehicles with open recalls, there is no requirement that used car dealers fix 

any outstanding safety defects before selling a used car. Do you agree that used car 

dealers should not be allowed to sell used vehicles with unrepaired safety defects? 

Answer. If confirmed, I will seek appropriate briefings regarding this issue and 

will fully consider the issue of requiring used car dealers to repair open safety recalls before selling used vehicles. 

Question 20. The Department of Justice recently charged six VW executives in its 

emissions-cheating scandal, and announced that the company has pled guilty to 

three criminal felony counts and agreed to pay a total of $4.3 billion in criminal and 

civil penalties. In contrast, GM was not charged and was only ordered to pay a mere 

$900 million in penalties for an ignition switch defect that has been tied to at least 

124 deaths. Neither GM nor any of its executives faced any criminal charges despite 

accusations of misleading safety regulators and delaying potentially lifesaving decisions. Families who lost loved ones as a result of the GM ignition switch defect deserve an explicit acknowledgment of criminal wrongdoing, individual criminal accountability, as well as a larger monetary penalty. Do you agree that automakers 

and their executives that conceal a dangerous product for over a decade and that 

kills 124 people should face criminal penalties? 

Answer. If I am confirmed, I would expect USDOT to work with other appropriate 

Federal agencies to pursue all appropriate remedies against persons who harm the 

public with unreasonably dangerous products. 

Question 21. I am concerned about the unnecessary use of hazardous flame retardant chemicals, which have been linked to serious health effects and environmental harms. Children are especially vulnerable to the toxic effects of these chemicals since their brains and bodies are still developing. Most children’s car seats contain these dangerous chemicals in order to comply with for flammability standards 

for vehicles and children’s car seats set by NHTSA. NHTSA recently initiated a twoyear research program on flammability standards, including those for children’s car 

seats. 

If confirmed, will you support this research and work to update the Federal Motor 

Vehicle Safety Standards to eliminate the unnecessary exposure to toxic flame retardant chemicals from children’s car seats? 

Answer. If confirmed, I will seek appropriate briefings regarding this issue and 

will fully consider the issues surrounding the use of flame-retardant chemicals, including any ongoing research. 

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Question 22. In September 2016, NHTSA issued the Federal Automated Vehicle 

Policy, updating its previously issued 2013 guidance on autonomous vehicles (AV). 

These guidelines are not mandatory. In May of 2016, a Tesla Model S equipped with 

Tesla Autopilot crashed, raising questions as to the performance of the vehicle’s 

technology and whether it caused or contributed to the crash. 

It’s been reported that several auto manufacturers including Tesla, Ford, BMW, 

and Volvo are promising to have fully autonomous cars on the roads within five 

years. The next Secretary of Transportation will play a critical role as we enter a 

new period of advanced automated technologies in transportation. 

Do you have any concerns that voluntary guidelines may be insufficient to protect 

the American public from unreasonable risk of crashes involving AVs during the 

testing and deployment of this technology? 

Should DOT require manufacturers of AVs to perform a minimum level of due 

diligence testing and analysis to ensure that AVs work safely and properly before 

they are tested on public roads or sold to consumers? 

If confirmed, will you commit to instituting an effective regulatory framework for 

automated vehicle technology, including automatic emergency braking systems currently being sold without any performance guarantee for consumers that provides 

a level playing field for developers and manufacturers and insures public safety? 

Answer. If confirmed, I will seek appropriate briefings regarding this emerging 

technology, including the issues of voluntary guidelines for AV manufacturers, testing and analysis of AV technology and applications, and will fully consider an appropriate regulatory framework for AV technology. 

Question 23. It has been reported that Takata, the airbag supplier responsible for 

the unprecedented recall affecting 42 million vehicles in the United States, is actively soliciting new investors and contemplating bankruptcy or similarly major restructuring in order to keep factories running and manufacturing replacement airbag. Do you agree that any restructuring of Takata should occur on terms that accelerate the availability of replacement parts, end the dangerous use of ammonium 

nitrate as an airbag propellant, and help the overall recall effort? 

Answer. If confirmed, I will seek appropriate briefings regarding this issue and 

will fully consider an appropriate USDOT position with respect to any Takata restructuring. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL

AND HON. EDWARD MARKEY TO HON. ELAINE L. CHAO

Question 1. The Jones Act prohibits any foreign-built or foreign-flagged vessel 

from engaging in trade between two U.S. ports. Only U.S. ships can go from U.S. 

port to other U.S. ports. This law, which has been around for decades, is a critical 

measure that protects the U.S. domestic maritime industry. 

As the head of the department charged with carrying out this important law and 

making sure it has teeth, what can you say about the importance of the Jones Act 

and the need to have a strong U.S.-flagged fleet? Will you commit to supporting an 

American maritime industry that provides American economic, military, and homeland security? 

Answer. The Jones Act is designed to provide our country with a strong U.S. Flag 

fleet that engages in trade between our U.S. Ports and is available to meet national 

security requirements. I support the U.S. Jones Act and the American maritime industry it serves. If confirmed, I will look for ways to help increase opportunities to 

increase the number American merchant mariners and ships needed to serve our 

country’s economic needs and to meet our defense sealift requirements. 

Question 2. The Department’s current occupant crash protection standards require 

vehicles to include warning labels informing consumers stating: ‘‘The BACK SEAT 

is the SAFEST place for children.’’ However, we understand that the seat back failure risk can be mitigated by placing children behind unoccupied front seats, such 

as the empty middle seat, for which there is no front seat, or behind the lighter 

front seat occupant. Consumers are currently not advised that the middle seat may 

be the safest. In the meantime, ensuring consumers have this critical information 

could be a good and commonsense first step. 

If confirmed, will you ensure consumers have the most accurate and up-to-date 

information regarding the safest seat and position for children? 

Answer. Yes. If I am confirmed USDOT under my leadership will work to develop 

and disseminate the appropriate information. 

Question 3. Major airlines have taken actions to prohibit third-party travel 

websites from accessing published fare, schedule, and seat availability data. We beVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00127 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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lieve consumers should be able to make apples-to-apples comparisons among fares 

and flights and select the best price and itinerary for themselves. Promoting access 

to transparent pricing information is not only good for consumers, it is also good 

for competition in the airline industry. In October, DOT announced it would seek 

public comment on actions airlines have taken to restrict online travel sites from 

listing publicly available fare and flight information. So far, over 50,000 comments 

have been filed underscoring the importance of comparison shopping and the need 

for transparency in the marketplace. 

• Do you think it is important for airline consumers to have access to information 

they need to make informed purchasing decisions? 

• If confirmed, will you use take action to ensure that airline consumers have access to comprehensive, transparent flight information? 

Answer. I have not yet been fully briefed on this issue. If confirmed, I look forward to working with Congress after I have a better understanding of the subject 

and your concerns. 

Question 4. NHTSA plays a critical role in overseeing recalls and making sure 

they proceed expeditiously, and is responsible for overseeing the largest and most 

complex safety recall in U.S. history—the Takata airbag recall. The Takata airbag 

defect has resulted in 11 deaths and over 180 injuries in the United States, to date, 

and the largest civil penalty in NHTSA’s history. Test data released by NHTSA reveal that certain vehicles with these defective Takata airbags show rupture rates 

as high as 50 percent in a crash. 

If confirmed, what will you do to accelerate the replacement of these dangerous 

defective devices? 

Answer. If I am confirmed, USDOT and NHTSA will work to encourage expeditious replacement of defective Takata airbags. 

Question 5. Car Cybersecurity—In October 2016, the National Highway Traffic 

Safety Administration (NHTSA) issued guidance for improving motor vehicle 

cybersecurity to protect vehicles from cyberattacks. The guidance recommends that 

automakers sufficiently allocate resources to enhance product development, research, testing, and authentication of cybersecurity protections. However, this guidance from NHTSA is merely voluntary. How do you plan to monitor and enforce vehicle cybersecurity initiatives given that the guidance is voluntary? Do you agree 

that the automotive industry and consumers would benefit from a regulatory framework that outlines mandatory requirements for vehicle cybersecurity systems? 

Answer. If confirmed, I will seek appropriate briefings regarding this issue and 

will fully consider how to monitor voluntary compliance, and whether and how to 

promulgate regulations for vehicle cybersecurity. 

Question 6. Dedicated Short Range Communications (DSRC)—In December, the 

Department of Transportation (DOT) released a proposed rule that may require new 

light-duty vehicles to have vehicle-2-vehicle communication technologies. These technologies use Dedicated Short Range Communications (DSRC) to share speed, direction data, and other transportation information to prevent accidents and reduce congestion. 

While these new technologies have the potential to save lives, security and privacy cannot be an afterthought in this new era of connected cars. If hackers access 

a vehicle’s systems, privacy could be compromised, the safety of the vehicle could 

be put at risk, and disaster could ensue. 

As this important rulemaking proceeds, how would you ensure that vehicles have 

robust cybersecurity and privacy protections in place when automakers deploy vehicle-2-vehicle and vehicle-2-infrastructure communication technologies? 

Answer. If confirmed, I will receive a full briefing from NHTSA regarding all proposed Vehicle-2-Vehicle or Vehicle-2-Infrastructure regulations. I want to ensure 

that any such regulations are safe, secure, and useful to the driving public. I appreciate the role that new technology can play in saving lives. That said, safety, security and privacy in the motor vehicle is of paramount importance. 

Question 7. Aircraft Cybersecurity—As new technologies continue to enhance all 

aspects of the airline industry, airplanes and airline operations have become increasingly interconnected. With these technological advancements come great benefits, including improved flight navigation, additional communications abilities, and 

greater operational efficiency. However, we are concerned that these technologies 

may also create vulnerabilities that if exploited could threaten our aviation safety 

and security. 

Recently, the Federal Aviation Administration’s (FAA) Aviation Rulemaking Advisory Committee (ARAC) submitted a report and provided cybersecurity rulemaking 

recommendations to the FAA. 

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In light of this report, would you direct the FAA to initiate a rulemaking to ensure our aircraft, ground support equipment, and operations and maintenance practices are protected from cyberattacks? 

Answer. As I indicated during my testimony before the Committee, safety is my 

top priority. As you know, security and safety go hand-in-hand. One of the most important aviation safety issues today is cybersecurity given the enhanced connectivity 

of aircraft. I am aware of the ARAC report. If confirmed, I will review to determine 

whether regulatory action to ensure that we have a strong aircraft systems information security and protection (ASISP) policy. I look forward to working with Congress, the Transportation Security Administration (TSA) and the private sector to 

combat unauthorized access to aircraft systems and networks. 

Question 8. FAIR Fees—Airline fees have climbed as high as the planes passengers are traveling on, and we must stop their rapid ascent to protect the everyday airline passenger. Will you investigate and take action against airlines charging 

fees that are unfair? 

Answer. I will take seriously the statutory mandate to prevent unfair, deceptive 

and anticompetitive practices in air transportation. This would include vigorous enforcement action against any air carrier that imposes ancillary fees in an unfair or 

deceptive manner. 

Question 9. 18-Year-Old Truckers—The Fixing America’s Surface Transportation 

(FAST) Act contained a provision permitting members of the military and veterans 

between the ages of 18 and 21 to drive large trucks across state lines. Given the 

higher rate of accident among teenagers, how will you ensure this pilot program 

does not result in more deaths on our roads? 

Answer. The Fixing America’s Surface Transportation (FAST) Act required the 

Federal Motor Carrier Safety Administration (FMCSA) to conduct a pilot program 

which allows a limited number of individuals between the ages of 18 and 21 to operate commercial motor vehicles in interstate commerce, if they received specified 

heavy-vehicle driver training while in Military service and are sponsored by a participating motor carrier. 

If confirmed, I will work to ensure that our veterans are given every opportunity 

to demonstrate safe compliance with operating commercial vehicles. The outcomes 

of any pilot will ensure the department remains focused on safety. 

Question 10. Safety Scores—How would you ensure Americans can readily access 

accurate safety information and data on motor carrier safety? What specific steps 

will you take to ensure that full safety scores will again be made publicly available? 

When will this occur? 

Answer. The FAST Act required the National Academies of Science (NAS) to conduct a thorough safety correlation study of Compliance, Safety, Accountability (CSA) 

and the Safety Management System (SMS). A contract with the NAS was awarded 

in February 2016. Within 18 months of the enactment of the FAST Act (June 2017), 

FMCSA is to submit the results of this study, and any planned actions in response 

to the study to both Congress and the OIG. The results will also be published on 

a publicly-accessible DOT website. 

Question 11. Driver Fatigue—While driver fatigue is one of the leading causes of 

motor carrier crashes, it is also one of the most preventable. What specific steps 

would you take to keep tired truck and bus drivers off the road? How have recent 

actions by Congress on hours of service regulations impacted safety on our roads? 

Answer. Congress recently enacted language in the FY 2016 appropriations legislation, that required FMCSA to complete a study about provisions of the 34-hour 

restart. If confirmed I will review and submit the information to those specified in 

the enacted legislation. 

Additionally, The FMCSA Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a statutory requirement of the 

Moving Ahead for Progress in the 21st Century Act (MAP–21), enacted by Congress 

in July 2012. The final rule was published on December 15, 2015, and establishes: 

Requirements for the mandatory use of ELDs by drivers currently required to prepare HOS records of duty status (RODS); Minimum technical specifications for 

ELDs, including a requirement to certify and register ELD systems with FMCSA; 

Requirements for HOS supporting documents; and Measures to address concerns 

about harassment resulting from the mandatory use of ELDs. The compliance date 

for the ELD Final Rule is December 18, 2017. As stated above, this rule is designed 

to positively affect the fatigue issues that have historically existed in the motor carrier industry. 

After FMCSA published the final ELD Rule, the Owner-Operator Independent 

Drivers Association (OOIDA) and two individual owner-operator truck drivers filed 

a challenge to the rule in the United States Court of Appeals for the Seventh CirVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00129 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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cuit. The American Trucking Associations, Inc., and, in a joint filing, the Trucking 

Alliance for Driver Safety and Security and the Advocates for Highway and Auto 

Safety filed amicus briefs in support of the final rule. On October 31, 2016, the court 

denied the petition for review and held that the ELD rule is not arbitrary or capricious, nor does it violate the Fourth Amendment. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BRIAN SCHATZ TO

HON. ELAINE L. CHAO

Question 1. As discussed in the hearing, Senator Heller and I worked to include 

safe streets provisions in the FAST Act. Specifically, these provisions require that 

the agency encourage states and MPOs to adopt safe streets policies and design 

standards, develop a report to Congress that identifies the level of adoption and best 

practices. 

If confirmed, can you provide my office a list of state or MPOs that USDOT has 

worked with to support adoption of safe street policies? 

Answer. If I am confirmed, I expect to request that USDOT provide your office 

with a list of state or MPOs that USDOT has worked with to support adoption of 

safe street policies. 

Question 2. In October of 2016 the Road to Zero coalition was created in partnership with NHSTA, FMCSA, FHWA, and the National Safety Council. The coalition 

is committed to reducing the number of roadway fatalities to zero within thirty 

years. Today that coalition has the support and participation of a diverse array of 

stakeholders including government agencies, advocacy groups, manufacturers, technology companies, and more. 

As discussed in your nomination hearing, safe streets planning and design is a 

cost-effective solution to preventing fatalities. Will you work to ensure FHWA’s staff 

are engaged in the coalition’s work to make sure safe streets practices are a central 

focus of the coalition’s work? 

Answer. If I am confirmed, I expect to work to ensure that FHWA staff appropriately supports the work of the coalition. 

Question 3. The Maritime Security Program (MSP) maintains a 60-ship fleet of 

privately-owned U.S.-flag ships operating in international commerce. These ships 

are made available to the Department of Defense (DOD) to meet military sealift requirements. This program is administered by the agency through MARAD. 

MARAD approved the replacement of two 5,000–TEU MSP containerships with 

two smaller 1,100 and 1,600 TEU MSP containerships and permitted them to operate in a domestic trade (i.e., Guam) competing against an American shipping company that does not receive any MSP stipend. 

This development is concerning. The MSP was intended to maintain a U.S.-flag 

fleet in international trades. It was not intended to provide financial support for 

U.S.-flag vessels carrying cargo between domestic ports. It was not intended to create an unfair playing field for domestic trades, whereby one U.S.-flag operator receives financial support from the government and the other does not. 

Will you prioritize the review of this situation? I look forward to working with 

you on this issue because we must ensure that MARAD is not paying MSP operators 

for the period in which they carry cargo in domestic trades, and competing in those 

same trades against American shipping companies that do not receive MSP payments. 

Answer. I understand and appreciate the importance and role of the Maritime Security Program (MSP). Thank you for bringing this to my attention, and if confirmed, I will request a briefing with the Maritime Administration in order to consider this issue further and will work with your office once this has occurred. 

Question 4. Sprawling development patterns are more expensive to operate on a 

per capita basis and strain municipal budgets. That is why it is so important that 

DOT promote better transportation and land use development, especially around 

quality transit. My state has prioritized smart, transit oriented development (TOD) 

that will enable us to maximize economic development from our transportation investments and reduce government operating costs. 

TOD offers a mix of development uses and amenities within a walkable distance 

of quality transit. It encourages greater transit ridership, which decreases operating 

subsidies. It also improves location efficiency for individuals to access essential destinations such as jobs, groceries, or health care visits. 

Congress recognizes the importance of TOD and has established a TOD planning 

grant program to support grant recipients of FTA’s Capital Investment Grant program. FTA has also established a technical assistance program to support TOD straVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00130 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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tegic plans. Honolulu is scheduled to receive TOD technical assistance from FTA in 

April 2017. 

Can I get your commitment to work with me to ensure Honolulu’s TOD technical 

assistance goes forth as scheduled? 

Answer. If I am confirmed, I expect USDOT to continue to provide appropriate 

TOD technical assistance to Honolulu. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. EDWARD MARKEY TO

HON. ELAINE L. CHAO

Question 1. Seatback Failure—Front seatback failures during a rear-end crash can 

jeopardize the safety of back seat passengers. Since the 1996 Airbag and Seat Safety 

Campaign informed adults that the safest place for infants and children is in an 

automobile’s back seat, these young vehicle occupants are especially vulnerable to 

injury or even death due to front seatback collapse. Yet, the U.S. Department of 

Transportation has not updated Federal Motor Vehicle Safety Standard (FMVSS) 

207—the regulation that defines seat back strength standards—since 1967. Meanwhile, the Center for Auto Safety reported an average of 50 children placed behind 

occupied front seats have died each year in rear-end incidents. Further, at least 

3,455 injuries and 326 deaths from vehicle accidents between 2003 and 2016 across 

16 automakers refer to a seating issue in their report to the Early Warning Reporting system. 

Given the number of deaths and injuries associated with rear-end collisions that 

result in seat system failures, will you review and promulgate updates to seating 

standards, including the half-century-old FMVSS 207? 

Answer. As I stated during my hearing, if I am confirmed, safety will be the number one priority for all transportation modes in the Department. Every pending and 

proposed safety rule, as well as all future rulemaking, will be based on data-driven, 

risk-based analysis. 

Question 2. Early Warning Reporting (EWR)—The National Highway Traffic Safety Administration’s (NHTSA) Early Warning Reporting requirements were established in 2000 after the Ford/Firestone safety crisis in which defective tires caused 

Ford trucks to roll over. These requirements were supposed to provide more information about potentially fatal safety defects to the public. But NHTSA’s regulations 

that implemented the Early Warning Reporting system allow automakers to keep 

accident reports secret. Will you direct NHTSA to make more EWR documents public in order to increase transparency and save lives? 

Answer. If confirmed, I will review with NHTSA the current reporting requirements for auto manufacturers. Early Warning Reporting data is valuable to the 

agency, and I will receive a briefing regarding what data is collected and how it is 

used. I will work to ensure the agency protects proprietary information, while still 

sharing important safety data with the public. 

Question 3. Tire Pressure Monitoring Systems—The National Highway Traffic 

Safety Administration’s (NHTSA) current rules allow drivers to recalibrate tire pressure monitoring systems, which electronically gauge if a vehicle’s tires have the appropriate air pressure, to dangerous pressure levels without alerting the driver. As 

a result, drivers could unintentionally increase the risk of a tire failure or blow out. 

To address this safety hazard, I included a provision (Section 24115) in the Fixing 

America’s Surface Transportation (FAST) Act that requires NHTSA to update its 

rules to ensure that tire pressure monitors cannot be recalibrated to unsafe levels. 

My provision requires the Department of Transportation (DOT) to publish proposed 

rule by December 4, 2016. As the Secretary of Transportation, will you swiftly complete this rulemaking? 

Answer. If confirmed, I will review NHTSA’s work regarding any proposed regulation concerning tire pressure monitoring systems. While a vehicle owner is free to 

modify a purchased vehicle, it is important to ensure that after-market changes are 

not inadvertently dangerous. If NHTSA has been directed by law to propose a rule 

making, I will work with the agency to meet deadlines and to keep Congress apprised of any issues or problems related to the proposal. 

Question 4. Secondary Barriers—The 9/11 Commission described ‘‘failures of 

imagination’’ as a primary reason we were unable to prevent those fateful attacks. 

That’s why I support expanded use of secondary barriers, which is a fortified screen 

that protects the aircraft cockpits while the cockpit door is opened. These secondary 

barriers could prevent another tragedy. Will you initiate a rulemaking to require 

aircraft to have secondary barriers? 

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Answer. Aviation safety will be my highest priority. In response to the terrorist 

attacks of September 11, 2001, the Transportation Security Administration (TSA) 

has established a multi-layered, risk-based approach to aviation security that has 

prevented any breaches of cockpit security in the United States. One of the security 

mandates that resulted from 9/11 is the installation of fortified cockpit doors on 

commercial aircraft. If confirmed, I will ask the FAA to determine whether the installation of secondary cockpit barriers are necessary to further enhance cabin security. 

Question 5. Airplane Noise—What steps should the Federal Aviation Administration take to abate noise around airports, including Boston’s Logan Airport? 

Answer. NextGen technology and procedures, the introduction of new, more fuelefficient aircraft and aircraft technologies, and more stringent international standards will help drive reductions in aircraft noise in communities situated near airports. Airspace redesign and the implementation of performance-based navigation 

(PBN) procedures at Boston Logan and other major airports around the country— 

part of FAA’s Metroplex program—is an important ongoing initiative to reduce 

noise. 

Continued support for eligible noise abatement projects in homes exposed to excessive aircraft noise is another existing program that has helped mitigate the impact of aircraft noise. FAA also needs to improve its communication with communities located near airports before implementing PBN and other NextGen procedures at airports. 

Question 6. Port Infrastructure—Without strong investment in America’s ports, 

our shipping industry and the thousands of companies and millions of workers who 

rely on an efficient, effective American shipping network could suffer from increased 

costs of production, decreasing our countries’ competitiveness in an increasingly 

globalized economy. What steps will you take to improve America’s ports? How will 

you address our ports dredging, landside infrastructure, and intermodal infrastructure needs? 

Answer. I recognize the important role our country’s ports and harbors play in our 

economy. This infrastructure is critically important and we must ensure our Nation’s multi-model freight network incorporates every mode of transportation. If confirmed I will look into how the Harbor Maintenance Trust Fund is utilized and will 

ensure the Department develops a comprehensive plan to ensure our ports are efficient and connect our farmers, manufacturers, and consumers to the world marketplace. 

Question 7. Maritime—In March, Administrator Paul Jaenichen Sr., the former 

Administrator of the U.S. Maritime Administration, stated at a House Armed Services subcommittee hearing that the United States will need 70,000 new people for 

the Nation’s maritime fleet by 2022. As the Secretary of Transportation, how would 

you support Maritime Academies and ensure that we have a robust merchant mariner workforce? Please describe how you will support the construction of a new class 

of training ships for the Academies? 

Answer. Having experience at the USDOT as both the head of MARAD as well 

as the Deputy Secretary has given me a strong background in these areas. 

MARAD’s own King’s Point is a key component of a robust merchant mariner workforce. King’s Point, along with the other six other State maritime academies will be 

responsible for ensuring a sufficient number of mariners are always in the pipeline 

to meet our needs. If confirmed, I will review the current situation and will propose 

innovations to ensure we retain this capability. 

As for the training ships, I understand this is an aging fleet and a replacement 

or service life extension program will have to be developed. If confirmed, I will look 

into this matter and will then propose recommendations to this ongoing issue. 

Question 8. Takata—Air bag manufacturer Takata acknowledged a safety defect 

with its air bag inflators in May 2015. Since then, Takata initiated a recall which 

has become both the largest safety recall and one of the most confusing to automobile consumers to date. Recent efforts by the U.S. Department of Justice to negotiate a criminal fine with Takata is adding a layer of complexity to the automotive 

safety crisis. Additionally, if Takata declares bankruptcy, it is possible that it could 

be more difficult for NHTSA to enforce its consent order requiring Takata to replace 

all defective airbags, and this could leave the costs of the replacements for the auto 

manufacturers to pay. 

How will you work with DOJ so that policies introduced by NHTSA are respected 

and enforced, and to ensure that any bankruptcy or restructuring that Takata goes 

through does not jeopardize its responsibility to manufacture and pay for safe replacement airbags? 

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Answer. If confirmed, I intend to receive detailed briefings from NHTSA staff regarding the Takata airbag recall. I can assure the Committee that safety will be 

my top priority, and as Secretary, I will ensure that all recalls are completed as 

swiftly and effectively as possible. All motor vehicle recalls are important, and I will 

work with the NHTSA staff and the Congress to make certain our resources are 

used wisely. I will seek appropriate briefings regarding this issue and will fully consider an appropriate USDOT position with respect to any Takata restructuring. 

Question 9. Ejection Mitigation—NHTSA established Federal Motor Vehicle 

Standard 226 to help prevent vehicle occupant side window ejections, but similar 

requirements were not extended to sun/moon roofs or back windows. The preamble 

to NHTSA’s final rule explains the agency’s belief that developing standards and 

countermeasures for these other vehicle portals would not be cost effective despite 

the continued harm caused to vehicle occupants from partial or complete ejections 

stemming from a sun/moon roof or back window. 

Given NHTSA’s role to protect vehicle occupants from known safety threats, are 

you committed to further researching the prevalence of sun/moon roof and rear window injuries and fatalities? If no, why not? If yes, then would you also be willing 

to develop appropriate countermeasures to mitigate sun/moon roof and rear window 

ejections should the agency’s research determine it is warranted? 

Answer. Preventing fatalities due to vehicle ejection is a safety priority. If confirmed, I will direct NHTSA to brief me regarding their research on potential 

changes to FMVSS 226 related to sun/moon roof ejection. Safety is the top priority 

and, whenever possible, NHTSA should review their motor vehicle standards to ensure they are current and based on the most recent research and data. 

Question 10. Electronic Vehicle Technology—Many OEMs are investing in electric 

vehicle technology to enhance the prevalence of electric vehicles in their vehicle 

fleet, and their affordability for consumers. Among the provisions in Section 1413 

of the FAST Act is a plan for the development of a national electric vehicle charging 

infrastructure, which would extend the access and usability of electric vehicle technology into more cities across America. Will you support and advance efforts to 

achieve the FAST Act’s goal of building an electric vehicle charging infrastructure 

by the end of Fiscal Year 2020? 

Answer. As required by the FAST Act, Secretary Foxx and President Obama announced the current Electric Vehicle Charging Corridors on Nov. 3. Should I be confirmed, I look forward to working with Congress, and all of the stakeholders, to review the progress being made in these corridors, to identifying additional facilities 

that could be included in these initiatives, incorporating existing fueling and charging areas, and reviewing the use and demand of the existing vehicle charging and 

fueling infrastructure consistent with the law. 

Question 11. National Park System Transportation Systems—Massachusetts has 

many wonderful natural and historical treasures, including our national park system sites, such as Freedom Trail, Cape Cod National Seashore, Minute Man National Historical Park, Faneuil Hall, and Salem Maritime National Historic Site. 

But my constituents cannot enjoy these sites if they cannot access them. Fixing 

America’s Surface Transportation (FAST) Act created the National Advisory Committee on Travel and Tourism Infrastructure to advise the Secretary of Transportation on matters relating to the role of intermodal transportation on facilitating 

travel and tourism. Will you commit to ensuring that the work of the Advisory Committee sufficiently evaluates the transportation priorities and needs of the national 

park system, including those in Massachusetts? 

Answer. Facilitating travel for all Americans is an important mission of the 

USDOT. I intend to be fully briefed on the activities of the National Advisory Committee on Travel and Tourism Infrastructure, if I am confirmed. 

Question 12. Whistleblower—During Mr. Trump’s campaign, there were reports 

that even volunteers were required to sign non-disclosure agreements. And following 

his election, there were also reports that transition officials were requesting information about career employees who worked on issues such as climate change at the 

Energy Department or women’s issues at the State Department. Any implication 

that people who worked on advancing policies that the new President disagrees with 

may be targeted or retaliated against could create a chilling effect on non-political 

Federal employees simply trying to do their jobs. 

If you are confirmed, will you commit to protect the rights of all employees at the 

Transportation Department? 

Answer. I am not aware of any of the actions you have mentioned in this question. 

That said, employment law will be equally applied and complied with at USDOT 

under my leadership, as it will among all agencies. 

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Question 13. Those rights include the right for civil servants to communicate with 

Congress, and in fact it is against the law to deny or interfere with their right to 

do so. If you are confirmed, do you commit to protect this fundamental right as well? 

Answer. The Constitutional rights of all DOT employees will be respected and 

upheld under my leadership, if I am confirmed. 

Question 14. There are several laws that describe the rights of civil servants to 

communicate with Congress and the protections they are afforded, and I have provided a brief description of those below. If you are confirmed, will you commit to 

communicate these rights via e-mail to all Transportation Department employees 

within a week of your arrival at the Agency? 

Answer. Current law provides the various mechanisms with which USDOT employees may communicate with Congress and other officials, including a whistleblower hotline at the Office of the Inspector General, as well as other methods prescribed by law. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. CORY BOOKER TO

HON. ELAINE L. CHAO

Question 1. Gateway Program/Northeast Corridor Investment—As you may know, 

a recent economic analysis of the Gateway Program demonstrated that every dollar 

invested in the Program returns $4 in economic benefits to the region. As the Northeast Corridor contributes some 10 percent of the Nation’s Gross Domestic Product, 

how important do you believe this project is to the national economy? 

Answer. The components of the Gateway Program contain some of the most important passenger rail track in the country. It is a project of great importance that 

impacts our economy and the daily lives of millions of Americans. If confirmed, I 

will request a full briefing on the status of the program and I look forward to working with you to identify and pursue the best course forward. 

Question 2. The current Hudson River tunnels were built in 1910 and suffered extreme damage during Superstorm Sandy. The 450 NJ Transit and Amtrak trains 

that use the tunnels each day are at risk of a complete disruption if new tunnels 

are not built. I have worked closely with Senators Menendez, Schumer, and 

Gillibrand along with Secretary Foxx, Governor Christie, and the Port Authority to 

advance the Gateway Program. Can you commit to partner with New Jersey and 

New York to prioritize investment and expedite the completion of the Gateway Program? 

Answer. The importance of the Gateway Program cannot be overstated. If confirmed, I look forward to working with you, the Gateway Development Corporation, 

industry and state and local leaders to address the needs of the program as we continue to make progress. 

Question 3. What’s your plan to streamline environmental reviews, planning and 

construction of the full Gateway Program including a new Hudson River Tunnel, an 

expanded Penn Station and other associated infrastructure? 

Answer. Our administration will receive briefings on major projects and their cost/ 

benefit analysis as part of the President-elect’s Infrastructure Plan. It would be premature to speculate about any specific project prior to such briefings 

Question 4. I brought Secretary Foxx to see the existing tunnels, and would welcome the opportunity to bring you up to New Jersey to see the state of these tunnels. Can you commit to visit New Jersey and the Hudson River tunnels with me? 

Answer. Our administration will receive briefings on major projects and their cost/ 

benefit analysis as part of the President-elect’s Infrastructure Plan. Visiting key 

projects such as this is certainly something I hope to do, in order to get a better 

understanding of the situation. 

Question 5. I believe we must take a holistic approach to improving our Nation’s 

transportation network. Modes work together to provide a network of mobility and 

sometimes investments in a single mode can enhance the whole network by reducing demand or generating efficiency in other modes as a secondary impact. When 

the Federal Government invests in our intercity and commuter railroads on the 

Northeast Corridor, we are also investing in our highway and aviation systems by 

removing cars from roads and bridges and freeing up slots at congested airports. Do 

you agree that it is essential to consider this when looking at the overall transportation network in the U.S.? 

Answer. The concept of intermodal transportation has been around since the 

1970s. Despite significant progress in this area, we still have different modes of 

transportation that often view each other as competitors rather than as complimentary pieces of the Nation’s transportation network. Our different modes of transporVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00134 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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tation should focus on how they can provide a seamless, more dynamic system for 

the benefit of the consumers, shippers and overall quality of life for our country. 

Question 6. The Amfleet 1, single-level passenger cars dating from the mid-1970s 

is the backbone of Amtrak’s Northeast Corridor Regional and eastern State-Supported passenger car fleet. It is approaching the point where it will require complete 

rebuilding or replacement. Purchasing new equipment will be more cost-effective 

and will improve Amtrak’s product, enhance customer experience, lower maintenance cost, increase safety and accessibility and support domestic manufacturing. 

Investment in this type of product will create a number of good jobs in this industry. 

Would this type of job creating investment be a priority for your department? 

Answer. At this point, it would be premature for me to speak to the replacement 

of Amtrak’s Amfleet until I have had a thorough briefing on the matter. If I am 

confirmed, I will request a full review Amtrak’s Amfleet and I look forward to following up with you on this matter. 

Question 7. Truck Safety—Every year, over 4,000 people are killed and nearly 

100,000 are injured in large truck crashes. In 2015, 4,067 people were killed in 

crashes involving large trucks. This is an increase of more than 4 percent from the 

previous year and a 20 percent increase from 2009. Further, this is the highest fatality number since 2008. Early release data for 2015 shows that 116,000 people 

were injured in crashes involving large trucks, which is an increase of 57 percent 

since 2009. 

I am concerned that in recent years we have seen rollbacks in common sense 

truck safety protections, and I want to make sure that we can work together to reduce fatalities on our roads. 

Can you please describe your plan to address the rising rate of fatalities from 

large truck crashes? 

Answer. As I noted in my confirmation hearing, safety will be the number one 

priority for the Department under my leadership. Technology can leverage safety 

achievements and incentives for encouraging fleet owners to invest in safety technologies on their commercial vehicles is important to save lives on our highways. 

The use of Electronic Logs for example have been a high priority for the FMCSA. 

It is also my understanding that DOT believes half of all CMV accidents are actually caused by automobiles. If confirmed, I will ask the NHTSA and FMCSA Administrators to work closely together to develop and implement a safety plan which will 

reverse the increasing accident numbers from recent years. 

Question 8. During your confirmation hearing, you noted that workers cannot protect themselves and they need the protection of Federal regulations. If confirmed, 

will you prioritize issuing regulations that protect truck drivers, specifically the rule 

requiring most commercial motor vehicles to install speed limiters? 

Answer. As I stated above, I am aware that despite efforts of the current administration, trucking crashes have increased. If confirmed, I will ask the FMCSA and 

NHTSA Administrators to work together closely to identify the root cause of accidents, and why the current regulatory posture of the agency has not effectively reduced these number and to see what initiatives will be effective at reducing the 

number of crashes, deaths, and injuries. 

Question 9. Will you reject any weakening of rules that protect truck drivers such 

as the Hours-of-Service and Electronic Logging Device regulations? 

Answer. Congress recently enacted language in the FY 2016 appropriations legislation, that required FMCSA to complete a study about provisions of the 34-hour 

restart. If confirmed I will submit the information to those specified in the enacted 

legislation. 

Additionally, The FMCSA Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents Rulemaking fulfills a statutory requirement of the 

Moving Ahead for Progress in the 21st Century Act (MAP–21), enacted by Congress 

in July 2012. The final rule was published on December 15, 2015, and establishes: 

Requirements for the mandatory use of ELDs by drivers currently required to prepare HOS records of duty status (RODS); Minimum technical specifications for 

ELDs, including a requirement to certify and register ELD systems with FMCSA; 

Requirements for HOS supporting documents; and Measures to address concerns 

about harassment resulting from the mandatory use of ELDs. The compliance date 

for the ELD Final Rule is December 18, 2017. 

After FMCSA published the final ELD Rule, the Owner-Operator Independent 

Drivers Association (OOIDA) and two individual owner-operator truck drivers filed 

a challenge to the rule in the United States Court of Appeals for the Seventh Circuit. The American Trucking Associations, Inc., and, in a joint filing, the Trucking 

Alliance for Driver Safety and Security and the Advocates for Highway and Auto 

Safety filed amicus briefs in support of the final rule. On October 31, 2016, the court 

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denied the petition for review and held that the ELD rule is not arbitrary or capricious, nor does it violate the Fourth Amendment. 

Question 10. Will you commit to ensuring that, during your time as Secretary, the 

Department will not advance policies that can be used to justify requiring truck 

drivers to operate larger and heavier trucks? 

Answer. I recognize there is a lack of consensus on truck size and weight. The 

FAST Act requires the U.S. DOT to submit to the Committee on Commerce, Science, 

and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a report describing the safety and enforcement impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST 

Act. If confirmed, I will ensure that FHWA will require safety and enforcement information for this report as part of the State enforcement plan required under 23 

CFR 657. 

Question 11. Technology and Innovation—The previous administration went to 

great lengths to promote the use of technology in the transportation sector. From 

working to remove regulatory barriers for unmanned aerial systems (UAS), to the 

creation of a Federal automated vehicle policy, to implementing the Smart City 

Challenge, technology and innovation were at the forefront of solving our most 

pressing transportation and safety challenges. How do you plan to harness new 

technologies at the Department of Transportation (DOT) once you are confirmed? 

Answer. I believe that the greatest source for new technologies and innovation is 

the private sector. If confirmed, I will endeavor to ensure DOT promotes an environment that encourages technological innovation in the transportation sector. 

Question 12. Autonomous Cars/Persons with Disabilities—As you may know, the 

emergence of self-driving cars holds great promise for many people who have traditionally been disenfranchised. These autonomous vehicles can help provide greater 

independence to older Americans and persons with disabilities, providing them 

greater access to employment opportunities and health care. 

Under your leadership, will DOT further explore the benefits of autonomous cars 

for persons with disabilities? 

Answer. I agree, autonomous vehicles have a tremendous potential to provide benefits to a wide variety of Americans, including the elderly and persons with disabilities. I look forward to working with you, and the Congress, to further explore these 

benefits and the ways to safely incorporate the technology into widespread use. 

Question 13. Rail Safety—I am also deeply concerned about urgent passenger rail 

safety issues. Last September, a New Jersey Transit commuter train crashed into 

the station terminal in Hoboken, New Jersey killing one person and injuring over 

100. In 2015, an Amtrak derailment along the Northeast Corridor outside Philadelphia killed eight people and injured over 200. And again last week, a train derailed 

on the Long Island Railroad, injuring over 100 people. While the National Transportation Safety Board (NTSB) has yet to make a determination on whether the absence of the safety system known as ‘‘Positive Train Control’’ was a contributing factor in Hoboken or Long Island, we know it was in the Amtrak incident. Positive 

Train Control is a critical system that stands to prevent similar disasters in the future, but installation of the system is moving slowly across the Nation’s railroads. 

Will you make Positive Train Control implementation a top priority for DOT? 

Answer. As I mentioned at the hearing, rail safety is one of the top priorities of 

the Department of Transportation. As such, the implementation of Positive Train 

Control (PTC) and the promise it potentially brings of enhanced safety and accident 

avoidance will be one of my first priorities if I am confirmed. I look forward to working with this Committee and the Congress as I learn more about the PTC technology, its implementation and its challenges. 

Question 14. Key Transportation Programs—USDOT’s successful TIGER program 

has granted millions of dollars for innovative port, roadway, transit and other 

multimodal projects throughout the US. Additionally, the Federal Transit Administration’s New Starts, Small Starts, and Core Capacity programs have helped to fund 

light rail, commuter rail, heavy rail, streetcar, and bus rapid transit bus rapid transit projects. Given the vast demand for these grants across the country, how do you 

plan to ensure adequate funding levels for critical discretionary and competitive 

grant programs that create jobs, spur economic development, and help to rebuild our 

Nation’s infrastructure? 

Answer. Discretionary grants are one tool in the tool box for facilitation of innovative finance and public-private partnerships. I intend to consider all options for the 

most expedient, effective and efficient delivery of projects. 

Question 15. The port of New York-New Jersey, the largest on the east coast, expects increases in demand in the coming years while also continuing to grapple with 

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truck congestion and air quality issues. How do you plan to ensure adequate investment in major seaports that are key economic drivers for the entire nation? 

Answer. We will work to eliminate bottlenecks while seaport capacity expands. 

Some of this congestion relief may be relieved by utilizing more development expertise and suggestions from the state and local level MPOs plus expanding America’s 

marine highway alternative. If confirmed, I will ask for further information regarding this subject. 

Question 16. Bicycle and Pedestrian Issues—Communities across the country are 

embracing bicycling and pedestrian infrastructure as an integral part of their transportation network for a number of reasons, including attracting businesses, workers 

and younger Americans who are choosing to live without a car. As secretary how 

will you support programs that will help expand this type of important infrastructure to meet the growing demand? 

Answer. If confirmed, I will be briefed fully on the interplay between Federal, 

state and local bike and pedestrian programs and expect USDOT will consider providing appropriate support for such programs, consistent with the law. 

Question 17. Increasing bicycle and pedestrian safety is critically important. In 

2014, just over 700 cyclists were killed in a crash with a vehicle. On average, nearly 

4,500 pedestrians are killed and 68,000 are injured each year since the recent low 

point in pedestrian deaths in 2009. In 2015, pedestrian deaths increased 10 percent 

to 5,376 deaths up from 4,884 in 2014. What is your plan to improve the safety of 

bicyclists and pedestrians? 

Answer. USDOT has an important role in educating the public and promoting bicycle and pedestrian safety. If I am confirmed, I expect to consider continuing support for those efforts consistent with the law. 

Question 18. Local Control—As a former Mayor I support providing additional resources and decision-making authority to local officials including increasing sub-allocation of Federal resources to the Metropolitan Planning Organizations (MPOs). 

What is your plan to ensure that local officials have a substantial role in transportation decisions, and do you support additional sub-allocation of Federal resources 

to MPOs? 

Answer. If I am confirmed, I will obtain full briefings on the issues surrounding 

sub-allocating Federal resources to MPOs and will seek to ensure that local officials 

have a substantial role in local transportation issues. 

Question 19. Diversity in Transportation Sector—Nearly one in ten jobs in the 

United States are in the transportation and/or infrastructure sector. However, 

women, workers of color, and workers with disabilities are significantly under-represented in the sector compared to their overall participation in the workforce. I am 

a strong supporter of the Disadvantaged Business Enterprise (DBE) Program, which 

is designed to provide small businesses owned by socially and economically disadvantaged individuals an equal playing field to compete for federally funded transportation contracts. Can you commit to supporting the DBE Program, and describe 

other steps you will take as DOT Secretary to connect disadvantaged workers to employment in the transportation field? 

Answer. Current law provides for specific DBE programmatic requirements. I intend to make equal application of the law a priority and intend to fulfill my obligations as set forth in applicable statutes. 

Question 20. Wells Fargo—You have been a member of the Board of Directors of 

Wells Fargo & Company since 2011. The company’s most recent proxy statement 

lists your experience and qualifications as including regulatory, human resources, 

and governance matters. 

As you likely know, on September 8, 2016, Wells Fargo entered into consent orders with the Consumer Financial Protection Bureau (CFPB) and the Office of the 

Comptroller of the Currency (OCC), and a settlement with the Los Angeles City Attorney. These actions were the result of Wells Fargo’s widespread opening of unauthorized accounts for Wells Fargo customers and the termination of thousands of 

employees. 

Please explain what actions the Board, Board Committees, or Board members (including you specifically) have taken to understand and address Wells Fargo’s pervasive practice of opening accounts without customer authorization. 

Answer. The Board strongly believes that opening accounts without our customers’ knowledge or approval is a violation of the bank’s commitment to its customers. 

To be clear, the Board was not fully informed of the extent of the sales practices 

issue until the eve of the CFPB settlement in September 2016. 

132 

When we became aware of this, we took several concrete steps— 

1. We stopped the retail sales goals. 

2. John Stumpf forfeited $41 million in unvested equity awards and will not receive a bonus for 2016. He has stepped down as Chairman and CEO. 

3. Another executive was relieved of her duties and forfeited $19 million in 

unvested equities. 

4. The Board amended the by-laws to separate the Chairman and CEO roles and 

to require that the chairman by an independent director. 

5. The Board also created a Vice Chair for additional accountability. 

6. The Board has retained independent outside counsel to investigate the bank’s 

retail sales practices and related matters, including who knew what and when, 

and how information was presented to the Board. 

7. Finally, the bank has been proactively reaching out to deposit and credit card 

customers who may have had an unwanted account opened. We are refunding 

any fees, closing the accounts, and contacting credit bureaus to protect customers from any harm to their credit scores. 

I believe the Board took strong action to rectify a bad mistake in judgment by 

bank managers. 

I wish I had more on the details of the problems regarding unauthorized accounts, 

but that investigation is ongoing. I am hopeful that the investigation will answer 

many of these questions so the Board can take additional actions as appropriate and 

address these problems. It is my understanding that the Board has committed to 

share the results of its investigation with Congress upon completion. 

Finally, as I have stated previously, if confirmed, I plan to step down from the 

Board of Directors of Wells Fargo effective immediately. 

Question 21. Funding—In your testimony, you agreed that an infrastructure bill 

this Congress would include some direct Federal investment in transportation, not 

solely private financing. Do you think an infrastructure bill should provide supplemental dollars to existing authorized programs that are underfunded thus far but 

offer big impacts in terms of economic benefit, job creation and mobility benefits, 

like intercity passenger rail grant programs? Or do you have ideas for new DOT programs that would distribute Federal grant dollars via new authorized programs? 

Answer. Current USDOT programmatic spending includes both direct Federal investment and permits private investment in public infrastructure projects in certain 

instances. I intend to consider all options for financing of projects, and intend to be 

fully briefed on the various alternatives. 

Question 22. Since Amtrak was first created more than 45 years ago, there has 

been discussion of including it in a transportation trust fund. However, this simply 

has never come to fruition. Instead, Amtrak relies on discretionary funding one Fiscal Year at a time, which is unfortunate. This creates uncertainty and wreaks havoc 

on Amtrak’s ability to plan capital improvement projects. By comparison, highway 

and transit programs’ dedicated funding via multi-year contract authority allows for 

better capital planning and creates efficiencies and cost savings. It would also be 

beneficial for intercity passenger rail to receive predictable and dedicated funding 

like almost all the other transportation modes. Would you support including at least 

a portion of Federal funding for intercity passenger rail in the trust fund? 

Answer. Today, as you know, Congress appropriates Federal dollars to Amtrak to 

subsidize its operations and capital needs. If the Congress wishes to change the way 

Amtrak is funded, that is a discussion that the Administration would need to have 

with Congress, and if I am confirmed, I look forward to working with Congress to 

discuss this matter. 

Question 23. While including intercity passenger rail in the trust fund is by far 

the preferred method of Federal funding, have you given thought to other options 

for multi-year predictable and dedicated funding of intercity passenger rail? For example, providing Amtrak with advance appropriations for several years instead of 

only funding it one year at a time. Would you support Congress providing advance 

appropriations or creating another trust fund-like mechanism dedicated to passenger rail? 

Answer. At this point, it would be premature to comment on alternative funding 

possibilities for Amtrak until I am fully briefed on this matter. If confirmed, I look 

forward to a review of all funding options for Amtrak, and working with you and 

the Congress to determine a path forward. 

Question 24. Germany recently approved a transportation infrastructure plan to 

spend $126 billion on rail projects through 2030. In the United States, which has 

133 

four times Germany’s population, Federal funding for vital infrastructure investments in the Northeast Corridor and elsewhere on the national passenger rail network amounts to just a few hundred million dollars a year. With each new Fiscal 

Year, there is no assurance that there will be any additional predictable and dedicated Federal spending to leverage private and state investment. How do we attract 

private investment in passenger rail infrastructure projects, like Gateway, when the 

Federal Government does not support a mechanism for substantial and reliable Federal investment in passenger rail? 

Answer. At this point, it would be premature to comment on alternative funding 

possibilities for Amtrak until I am fully briefed on this matter. If confirmed, I look 

forward to working with you, the Committee, and Congress, to look at best practices 

and all options to incent private investment in passenger rail infrastructure. 

Question 25. National Passenger Rail System—Can you discuss your vision for 

intercity passenger rail in the U.S.? 

Answer. The continuation and constant improvement of rail service for all Americans is an important issue. I intend to work with Congress to address our rail transportation needs, challenges and opportunities. 

Question 26. Do you agree that the Federal Government has an important role 

to play to help ensure passenger rail remains a viable option to connect rural communities to the rest of our transportation network? 

Answer. Long distance service by the National Railroad Passenger Corporation is 

an important issue facing the incoming administration. I intend to receive a detailed 

briefing on the challenges that face our national rail system and look forward to 

working with Congress to address the needs and opportunities for our rural communities. 

Question 27. What role do you envision the DOT has to make good on this commitment to the various rural communities who rely on intercity passenger rail? 

Answer. The Department of Transportation plays a very important role in regulating our national rail system. Long distance service by the National Railroad Passenger Corporation is an important issue facing the incoming administration. I intend to receive a detailed briefing on the challenges that face our national rail system, and look forward to working with Congress to address the needs and opportunities for our rural communities. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

HON. ELAINE L. CHAO

Question 1. More than 10,000 Americans are killed each year in alcohol-impaired 

driving crashes. Drunk driving accounts for roughly a third of all traffic fatalities. 

These deaths are preventable. That is why I support high visibility law enforcement, 

ignition interlocks for all offenders, and a promising R&D program to end drunk 

driving. The Driver Alcohol Detection System for Safety (DADSS) is a public private 

partnership that brings together automakers and the National Highway Traffic 

Safety Administration (NHTSA) to develop lifesaving drunk-driving prevention technology. As transportation secretary, will you continue to support the DADSS initiative and other efforts to save lives from drunk driving? 

Answer. If confirmed, I will receive a full briefing from NHTSA regarding the timing, technology, and funding of the Driver Alcohol Detection System of Safety 

(DADSS). Any fatality or injury due to drunk driving is tragic and preventable, and 

NHTSA must continue to work with the States to educate drivers and enforce current laws. 

Question 2. Given that the Highway Trust Fund has solvency issues, what measures will this Administration take to ensure that adequate funding is maintained 

in order for the Federal Government to meet the continued need for infrastructure 

improvements? 

Answer. With the enactment of the FAST Act, spending from the Highway Trust 

Fund will exceed receipts by nearly $20 billion annually. If we are to find a longterm funding solution, it will require significant input from many stakeholders, including Congress, industry, the public and the Administration. If confirmed, I look 

forward to working with this Committee and the Congress to address this top priority of the President-elect. 

Question 3. I am concerned your Administration’s reported plans for funding 

transportation infrastructure through tax credits for companies and privatizing 

roads could result in American taxpayers paying twice. Should states that turn existing public roads into private toll roads be allowed to continue to receive Federal 

support for those roads, at the expense of taxpayers in other states? 

134 

Answer. Tolling is but one tool in the toolbox for addressing certain financing 

needs of various infrastructure projects. I intend to be briefed on all of the options 

available for financing of infrastructure projects. What works for one state or one 

project may not work for another, and so it would be inappropriate to speculate or 

engage in broad generalizations. 

Question 4. Under your Administration, will private companies be allowed to 

charge tolls for a road that has already been paid for with Federal money? 

Answer. Congress has set explicit restrictions on the allowance of tolling the existing federal-aid highway system. Should Congress decide to pursue an expansion of 

tolling on existing roads already paid for with Federal money, I would look forward 

to participating in those discussions. 

Question 5. How will your Administration work to improve infrastructure projects 

that private investors may be reluctant to invest in, such as municipal water systems or improvements to existing bridges and roads where it may not be possible 

to charge tolls to recover costs? 

Answer. User fees are but one tool in the toolbox for addressing certain financing 

needs of various infrastructure projects. I intend to be briefed on all of the options 

available for financing of infrastructure projects. What works for one state or one 

project may not work for another, and so it would be inappropriate to speculate 

without full knowledge of specific situations or conditions. 

Question 6. How will you approach the transportation needs for those Americans 

living in rural areas? 

Answer. The needs of rural Americans should be considered just as much as those 

of urban Americans. I intend to be briefed on the various innovations and alternatives available to improve the transportation needs of rural Americans. 

Question 7. How should new Internet and communications technologies be incorporated into our Nation’s transportation infrastructure to improve safety and performance? 

Answer. If confirmed, I intend to promote policies that encourage new Internet 

and communications technologies be integrated into transportation infrastructure, 

after a careful data-driven, risk-based analysis. 

Question 8. What role do you envision railroads playing in America’s transportation infrastructure under your Administration? 

Answer. Railroads are a critical part of America’s integrated transportation network. Americans rely on railroads to move products to market, which in turn creates jobs and economic security. If I am confirmed, I intend to work closely with 

the Committee and Congress to highlight and promote the important role railroads 

have in America’s transportation infrastructure. 

Question 9. Recent Federal and private investments at the Santa Teresa, NM Port 

of Entry and surrounding areas have helped expand and improve the efficiency of 

trade along the New Mexico-Chihuahua international border. New Mexico has also 

led all U.S. states in goods export percentage growth to Mexico. Will your Administration support transportation policies to promote efficient trade along the border? 

Answer. Fair and efficient trade with any trading partner is an important consideration of the incoming Administration. I intend to be briefed on the various ways 

in which our trade relationships can be improved to the benefit of the United States. 

Question 10. President-elect Trump’s infrastructure plan available at https:// 

www.donaldjtrump.com/policies/an-americas-infrastructure-first-plan calls for ‘‘reforms that streamline permitting and approvals.’’ What specific reforms will you 

pursue to the permitting and approval process for transportation infrastructure such 

as bridges, roads, pipelines, etc.? 

Answer. President-elect Trump’s transition team is currently evaluating all of the 

various financing tools and opportunities for the streamlining of permits and for approval of new infrastructure projects across the Nation. If confirmed, I look forward 

to communicating our infrastructure plan once it is fully conceived. 

Question 11. What is your Administration’s plan for improving the aging and insufficient roads on tribal lands and how will DOT work with these communities to 

see that their infrastructure needs are addressed? 

Answer. The President-elect’s transition team is currently evaluating all of the 

various financing tools and opportunities for a new infrastructure plan, including 

those projects on tribal lands. Since we have not yet made a decision on which options will be utilized, it would be premature for me to speculate on the details or 

effects of such a plan. 

Question 12. President-elect Trump’s infrastructure plan calls for approving ‘‘private sector energy infrastructure projects—including pipelines and coal export facilities—to better connect American coal and shale energy production with markets and 

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consumers.’’ In recent years, a proposed coal export facility at Cherry Point, WA and 

pipeline near the Standing Rock Indian Reservation faced opposition from local Indian tribes. Will you assure me that the Department of Transportation will consult 

with tribes on a government to government basis and uphold the U.S. Government’s 

treaty obligations? 

Answer. While the DOT does not have jurisdiction over the physical siting of 

projects like those mentioned, if confirmed, I can state that DOT will ensure all infrastructure projects comply with all applicable laws and Department regulations. 

Question 13. The DOT’s Transportation and Climate Change Clearinghouse (available at https://climate.dot.gov/about/index.html) states that ‘‘within the United 

States, transportation is the largest source of greenhouse gas (GHG) emissions after 

electricity generation. With scientific recognition that GHG emissions are contributing to a long-term warming trend of the earth, there is an increasing realization 

that transportation, as a significant contributor of GHGs, plays an important role 

in climate change policy and program decisions.’’ How will DOT under your leadership work to address GHG emissions and climate change issues? 

Answer. If confirmed, I will ensure that DOT continues to challenge and work 

with the transportation industry to reduce its carbon footprint through CAFE standards; support of international efforts to curb commercial aircraft engine CO2 emissions through ICAO’s Committee on Aviation Environment Protection (CAEP); and 

continued support of Federal research in this important area. 

Question 14. Each major Federal agency has been graded at least three times on 

their implementation of the Federal Information Technology and Acquisition Reform 

Act of 2014 (FITARA, PL 113–291). The House Oversight and Government Reform 

Committee with assistance from the Government Accountability Office (GAO) issues 

a ‘‘scorecard’’ for FITARA implementation. What grades has DOT received? How do 

you plan to improve this grade? 

Answer. I have not been briefed on the present administration’s past FITARA 

scores. If confirmed, I will familiarize myself with the provisions of FITARA and 

work to improve the Department’s performance in this area, if necessary. 

Question 15. Describe the role of your department Chief Information Officer (CIO) 

in the development and oversight of the IT budget for your department. How is the 

CIO involved in the decision to make an IT investment, determine its scope, oversee 

its contract, and oversee continued operation and maintenance? 

Answer. If confirmed, I will seek full briefings on the role of the USDOT CIO in 

making the decision to make an IT investment, determine its scope, oversee its contract, and oversee continued operation and maintenance. 

Question 16. Describe the existing authorities, organizational structure, and reporting relationship of the Chief Information Officer. Note and explain any variance 

from that prescribed in the Federal Information Technology and Acquisition Reform 

Act of 2014 (FITARA, PL 113–291) for the above. 

Answer. If confirmed, I will receive the necessary briefs to answer your question. 

Question 17. What formal or informal mechanisms exist in your department to ensure coordination and alignment within the CXO community (i.e., the Chief Information Officer, the Chief Acquisition Officer, the Chief Finance Officer, the Chief 

Human Capital Officer, and so on)? 

Answer. If I am confirmed, I will obtain appropriate briefings regarding USDOT’s 

coordination and alignment within the CXO community. 

Question 18. According to the Office of Personnel Management, 46 percent of the 

more than 80,000 Federal IT workers are 50 years of age or older, and more than 

10 percent are 60 or older. Just four percent of the Federal IT workforce is under 

30 years of age. Does your department have such demographic imbalances? How is 

it addressing them? 

Answer. It would not be appropriate for me to speculate on the current demographics of the DOT. If confirmed, I hope to gain a better understand the demographics of the workforce at DOT through briefings on that subject. 

Question 19. How much of the department’s budget goes to Demonstration, Modernization, and Enhancement of IT systems as opposed to supporting existing and 

ongoing programs and infrastructure? How has this changed in the last five years? 

Answer. I do not have that information, but, if confirmed, I expect to receive the 

necessary briefings to fully understand the department’s budget. 

Question 20. What are the 10 highest priority IT investment projects that are 

under development in your department? Of these, which ones are being developed 

using an ‘‘agile’’ or incremental approach, such as delivering working functionality 

in smaller increments and completing initial deployment to end-users in short, sixmonth time frames? 

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Answer. If I am confirmed, I expect to obtain appropriate briefings regarding priority IT investment projects under development at USDOT. 

Question 21. To ensure that steady state investments continue to meet agency 

needs, OMB has a longstanding policy for agencies to annually review, evaluate, and 

report on their legacy IT infrastructure through Operational Assessments. What 

Operational Assessments have you conducted and what were the results? 

Answer. Since I am not yet confirmed, I have not conducted any operational assessments of the DOT. 

Question 22. What are the 10 oldest IT systems or infrastructures in your department? How old are they? Would it be cost-effective to replace them with newer IT 

investments? 

Answer. If confirmed, I will request the necessary briefings on DOT’s IT systems. 

It would be inappropriate to speculate at this time. 

Question 23. How does your department’s IT governance process allow for your 

department to terminate or ‘‘off ramp’’ IT investments that are critically over budget, over schedule, or failing to meet performance goals? Similarly, how does your department’s IT governance process allow for your department to replace or ‘‘on-ramp’’ 

new solutions after terminating a failing IT investment? 

Answer. If I am confirmed, I will seek full briefings on USDOT operational issues, 

including governance processes for off-ramping and on-ramping potential IT solutions. 

Question 24. What IT projects has your department decommissioned in the last 

year? What are your department’s plans to decommission IT projects this year? 

Answer. As an intended nominee, I do not have that information. 

Question 25. The Federal Information Technology and Acquisition Reform Act of 

2014 (FITARA, PL 113–291) directs CIOs to conduct annual reviews of their department/agency’s IT portfolio. Please describe your department’s efforts to identify and 

reduce wasteful, low-value or duplicative information technology (IT) investments as 

part of these portfolio reviews. 

Answer. As an intended nominee, it would be inappropriate for me to comment 

on the current administration’s activities in this area. 

Question 26. In 2011, the Office of Management and Budget (OMB) issued a 

‘‘Cloud First’’ policy that required agency Chief Information Officers to implement 

a cloud-based service whenever there was a secure, reliable, and cost-effective option. How many of the department’s IT investments are cloud-based services (Infrastructure as a Service, Platform as a Service, Software as a Service, etc.)? What percentage of the department’s overall IT investments are cloud-based services? Does 

DOT have a Cloud strategy to encourage the use of Cloud computing solutions? If 

not, by when do you plan to have such a strategy in place? 

Answer. If I am confirmed, I will seek full briefings on USDOT operations. 

Question 27. Congress passed the MEGABYTE Act (P.L. 114–210) to encourage 

agencies to achieve significant savings in managing IT assets including software licenses. What policies or processes are in place at DOT to improve management of 

software licenses? What savings do you expect DOT to report by the end of FY 

2017? 

Answer. As an intended nominee, it would be inappropriate for me to comment 

on the current administration’s activities in this area. 

Question 28. Provide short summaries of three recent IT program successes— 

projects that were delivered on time, within budget, and delivered the promised 

functionality and benefits to the end user. How does your department/agency define 

‘‘success’’ in IT program management? What ‘‘best practices’’ have emerged and been 

adopted from these recent IT program successes? What have proven to be the most 

significant barriers encountered to more common or frequent IT program successes? 

Answer. If I am confirmed, I expect to seek full briefings on USDOT operations. 

Question 29. Are you the beneficiary or trustee of any discretionary trust that has 

not been fully disclosed to the Committee or the Office of Government Ethics? If so, 

please provide detailed information about the trust(s). 

Answer. No. 

Question 30. During a campaign speech in Ashburn, Virginia last August, President-elect Trump reportedly said that he would ‘‘at least double’’ Hillary Clinton’s 

proposed $275 billion infrastructure plan. Yet he did not provide many details 

where the money to do this will come from. A campaign website describes 

‘‘leverag[ing] new revenues and work with financing authorities, public private partnerships, and other prudent funding opportunities.’’ Can you shed more light on 

what the Trump infrastructure plan really is and how it will be funded? 

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Answer. The President-elect’s transition team is currently evaluating all of the 

various financing tools and opportunities for a new infrastructure plan. Since we 

have not yet made a decision on which options will be utilized, it would be premature for me to speculate on the details. 

Question 31. Some of my Congressional colleagues have reportedly expressed concerns about how to pay for a Trump infrastructure plan. There are news reports 

that estimate that a tax reform package could lead companies to repatriate up to 

$200 billion of overseas cash holdings. Such tax measures could be part of a broader 

agreement to help fund infrastructure upgrades with Federal investments. What 

level of direct Federal investment will be necessary to support a Trump infrastructure plan? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan. Since we have not yet made 

a decision on which options will be utilized, it would be premature for me to speculate on the details. 

Question 32. Would direct Federal investment to upgrade our Nation’s infrastructure create jobs and promote economic growth? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan. Since we have not yet made 

a decision on which options will be utilized, it would be premature for me to speculate on the anticipated effects from such a plan. 

Question 33. Your written statement notes that you want to work this committee 

on transportation needs in rural America. I am concerned that it may be easier to 

‘‘unleash private investment’’ for transportation improvements in cities along the 

Interstate 95 corridor from New York to Washington than in smaller towns along 

I–40 from Gallup to Tucumcari. How will your Administration work to improve infrastructure projects that private investors may be reluctant to finance, especially 

where it may not be possible to recover costs through tolls and other user fees? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan, including those projects in 

rural America. Since we have not yet made a decision on which options will be utilized, it would be premature for me to speculate on the details or effects of such 

a plan. 

Question 34. Vehicle fuel efficiency has been a success story thanks to advances 

in technology that improve car mileage. Fuel efficiency save drivers money at the 

pump. Do you agree with the assessment of the Department of Transportation and 

the Environmental Protection Agency that there are more technologies to increase 

fuel efficiency available, and that they cost less than earlier projections believed 

would be the case? Will you work to further improve vehicle fleet fuel economy rather than rolling back standards? 

Answer. If confirmed, I will receive briefings on fuel efficiency standards and technology and will support approaches to emissions standards that we determine are 

the most effective. 

Question 35. Senator Feinstein and I have worked for several years on the truck 

safety issue of so called ‘‘twin 33s.’’ Currently, thirty-eight states including New 

Mexico do not allow these longer trucks to operate within their jurisdictions. One 

study estimates that twin 33s would put more wear and tear on our Nation’s roads, 

adding $1.2 billion to $1.8 billion in maintenance costs per year. DOT has previously 

advised that there is currently not enough data to draw conclusions on the safety 

implications of double 33-foot trailers. DOT recommended that no changes to truck 

size be considered at this time. Given the cost and potential safety hazards, would 

you as Secretary require DOT to complete a comprehensive safety study before 

longer trucks are permitted on highways? 

Answer. I recognize there is a lack of consensus on truck size and weight. The 

FAST Act requires the U.S. DOT to submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the safety and enforcement impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of the FAST Act. 

If confirmed, I will ensure that FHWA will require safety and enforcement information for this report as part of the State enforcement plan required under 23 CFR 

657. 

Question 36. Pipelines are a key component of our Nation’s transportation infrastructure. Many Americans are probably not aware that they live, work, or pursue 

recreational activities near pipelines. Ensuring their safety is an issue I take very 

seriously. In 2000, a quiet summer morning was shattered when a gas pipeline ruptured and burst into flames near Carlsbad, New Mexico. The fireball could be seen 

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twenty miles away. Tragically, twelve people who were camping along the Pecos 

River died. This was the worst pipeline accident in the continental United States. 

I wish I could say that it was the last. Yet tragedy struck again since then. I am 

concerned that PHMSA still has not done enough to prevent further pipeline catastrophes. What are your priorities for PHMSA’s work related to pipeline safety? 

Answer. As you suggested, pipelines are very important to our national economy 

and are statistically the safest when it comes to transportation large volumes of energy products. That said, many of our pipelines are aging, and PHMSA’s regulatory 

oversight must be able to respond more quickly and efficiently than is has in recent 

years. We also must look for ways to deploy advanced technology ILI inspection 

tools and look to update the Nation’s 811 program which is now almost 15 years 

old. If confirmed, I can assure you that the transportation of hazardous materials 

will be taken seriously, and I will look for ways to improve this key component of 

our national infrastructure and will ensure PHMSA is up to the task of identifying 

and managing risk in partnership with its State partners. 

Question 37. Not far from the United State Senate, trains carry hazardous materials through the heart of Washington, DC. In fact, all across the country, trucks 

and trains pass through communities carrying hazardous cargoes such as ammonia, 

chlorine, and highly flammable fuels. PHSMA has an important responsibility in ensuring the safe and secure shipment of these dangerous materials. What efforts 

should PHMSA undertake to improve safety and emergency preparedness? How can 

PHSMA better help local governments and communities with pipeline and hazardous materials safety and emergency preparedness? 

Answer. The Hazardous Materials Transportation Act gave the Department extraordinary jurisdiction to ensure the safe and efficient transportation of hazardous 

materials and that includes broad powers even for intrastate shipments to ensure 

we do not end up with a patchwork of different requirements throughout the country. That said, and if confirmed, I will look for ways to ensure the Department is 

engaged with State and local stakeholders. This includes the ability to work with 

local first responders and emergency personnel. PHMSA has also recently updated 

its Emergency Response Guidebook which is carried onboard every firetruck in the 

country. PHMSA and the Department should make its expertise available to the 

emergency response community, and I’ll look for ways for PHMSA to identify and 

expand education, training, and outreach opportunities. 

Question 38. During the hearing, you mentioned new technologies such as driverless cars as an example of some of the incredible innovation happening in the transportation sector. As in so many areas, U.S. military research helped develop and accelerate autonomous vehicle technology. Defense Advanced Research Projects Agency (DARPA), for example, successfully used challenge prizes for autonomous vehicles 

to reach beyond traditional partners and attract problem solvers from the wider research community. Prizes can also be a cost-effective way to spur innovation since 

one pays only for successful solutions rather than traditional research and development costs. Legislation I sponsored last year, the Science Prize Competitions Act 

(PL 114–329) encourages Federal agencies to use prize competitions as incentives 

for innovation. The Challenge.gov website notes that DOT has 13 active challenge 

prizes. Under your leadership, will DOT continue to use challenge prizes as one tool 

to help drive innovation? 

Answer. Challenge prizes have been effective in spurring innovation regarding autonomous vehicles. If confirmed, I will review the full list of challenge prizes currently proposed by the Department to ensure they are truly innovative challenges 

that will help assess and address needs in every mode. 

Question 39. Last year marked the National Park Service centennial. Will you 

commit to assisting the National Park Service in addressing the transportation infrastructure needs of America’s national parks? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan, including the needs of all facets of American society. Since we have not yet determined which options will be utilized, it would be premature for me to speculate on the details and effects of such 

a plan. 

Question 40. As a member of the Senate Appropriations Committee, I supported 

a transportation funding bill that included $241 million for New Starts. Unfortunately, New Start projects cannot currently move forward due to the continuing resolution. Will you work in the Administration to support an appropriations bill for 

the remainder of Fiscal Year 2017 that allows New Starts projects to move forward? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan, including the needs of transit 

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projects. Since we have not yet made a decision on which options will be utilized, 

it would be premature for me to speculate on the details and effects of such a plan. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. GARY PETERS TO

HON. ELAINE L. CHAO

Question 1. The Detroit Metropolitan Airport, Capital Region International Airport, Gerald R. Ford International Airport, and other airports in Michigan require 

sustainable funding so they can invest in their facilities to make them more secure 

and efficient. Do you support changing funding models to eliminate the Federal cap 

on the Passenger Facility Charge? 

Answer. PFCs are one of many important financing tools that airports in Michigan and across the country have to make necessary infrastructure improvements. 

Modernizing our Nation’s transportation infrastructure will be a top priority of the 

Trump administration. 

Question 2. The FAA’s Essential Air Service Program ensures that small and 

rural communities are able to efficiently travel to larger communities and access 

economic opportunity beyond their region. In Michigan, the Alpena County Regional 

Airport, Houghton County Memorial Airport, and six other of its sixteen air carrier 

airports receive Essential Air Service funding. Do you plan to continue this program? Would you propose any changes to the program? 

Answer. I support continued access for small communities to the benefits of interstate travel and commerce, and appreciate the passion that many Members of Congress have for the Essential Air Service (EAS) Program. 

Question 3. The FAA’s Federal Contract Tower Program allows the Kalamazoo/ 

Battle Creek International Airport, Sawyer International Airport, and two other airports in Michigan to have air traffic control (ATC) services because the FAA cannot 

otherwise afford to provide ATC services at those airports. Do you plan to continue 

this program? Would you propose any changes to the program? 

Answer. The Contract Tower Program has been a huge success. It’s been widely 

acknowledged by Congress, the National Transportation Safety Board, the U.S. Government Accountability Office, the airport community and our Nation’s air traffic 

controller workforce that the program has enhanced safety, reduced FAA operating 

costs and provided tower service to communities that might not have received it otherwise. 

Question 4. Highly Automated Vehicles have the opportunity to make our roads 

safer and more efficient. I was pleased when the Department of Transportation released a proposed rule in December 2016 that would require vehicle-to-vehicle (V2V) 

technology in new vehicles which would allow cars to communicate using a standard 

language. Will you commit to finalize the V2V rule if you are confirmed? 

Answer. If confirmed, I will receive a full briefing from NHTSA regarding the timing, efficacy and technology of vehicle-2-vehicle and vehicle-2-infrastructure rule 

making proposals. I will also review any vehicle technology proposals to help make 

sure that motor vehicle privacy and security issues are addressed by the agency. 

Question 5. Automakers and tech companies across the country say their fully autonomous cars will be ready for the roads in the next 4 to 5 years. These vehicles 

have the potential to save thousands of lives, reduce congestion and better the environment. However, our current regulatory regime for automotive safety does not 

contemplate the possibility of not having a steering wheel—or an accelerator 

pedal—or various other features of a driverless car. It’s essential that we move 

quickly to update DOT’s Federal Motor Vehicle Safety Standards to accommodate 

driverless cars. The Federal Government must encourage this innovation and ensure the public that these vehicles will keep them safe. If confirmed, will you commit to updating the current regulatory regime to accommodate autonomous vehicles? 

Answer. Several states have recently allowed autonomous vehicle testing on highways and local roads. This is a fascinating new development in motor vehicles, and, 

if confirmed, I will ask NHTSA to brief me regarding current and proposed changes 

to FMVSS to allow for potential changes. The safety and security of the vehicle and 

the driver must always be the top priority. 

Question 6. It is essential that any infrastructure package invests in smart and 

digital infrastructure. In addition to concrete, steel, and asphalt we also need to be 

investing in smart infrastructure that accommodates connected and autonomous vehicles and can increase safety and efficiency of transportation on our Nation’s waterways. Such smart infrastructure will be capable of providing real-time updates on 

its status through an alert system, making our transportation assets more safe, useVerDate Nov 24 2008 07:11 Jul 10, 2017 Jkt 075679 PO 00000 Frm 00145 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\25973.TXT JACKIE
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ful and resilient. Will you support new research and technology programs that further develop and integrate smart infrastructure with existing infrastructure? 

Answer. If confirmed, I will support policies that would facilitate the integration 

of smart technology with existing infrastructure. 

Question 7. I believe transportation public-private partnerships are a useful tool 

in financing new projects and providing services to Americans. However, many communities are concerned that an overreliance on public-private partnerships could 

unfairly favor already-prosperous communities when it comes to critical investments. While there is a role for the private sector to play, we cannot allow the push 

for profits to leave underserved communities behind. What are your plans to ensure 

that public-private investments will deliver on the promise of transportation that is 

accessible, affordable, and connects underserved communities to opportunity? What 

criteria should be used to determine which projects are funded through this investment? How will you ensure that the infrastructure investments reach to low-income, 

under-employed, urban and rural communities, as well as communities of color, 

which are in desperate need of these investments and stand to benefit the most? 

Specifically, how can we target investments to these areas? 

Answer. Our transition team is currently evaluating all of the various financing 

tools and opportunities for a new infrastructure plan, including the needs of all 

parts of America, both urban and rural. Since we have not yet made a decision on 

which options will be utilized, it would be premature for me to speculate on the details and effects of such a plan. 

Question 8. Most public discussions of transportation infrastructure only mention 

highway, transit, and aviation infrastructure. While maritime transportation infrastructure is often less visible to the public it has an enormous impact on our Nation’s economy. As you consider how to modernize our decaying transportation infrastructure, please work with the Army Corps of Engineers to include navigation infrastructure in the new Administration’s infrastructure plans. There is a tremendous backlog of navigation lock modernization and harbor deepening and maintenance that creates substantial risks to our economy and local communities if not 

addressed. What additional steps can the Department of Transportation take to improve transportation on our Nation’s waterways? 

Answer. The U.S. Army Corps of Engineers plays a vital role in our inland transportation system and involves not only inland navigation but also is important to 

permitting for other forms of transportation. I agree this is an area where better 

interagency coordination would be very helpful. If confirmed you have my promise 

to look into this issue further and to work toward improving transportation on waterways. The DOT has also been working on a new National Maritime Transportation Strategy draft and it is something I will review very closely. 

Question 9. All Great Lakes region steel and automobile manufacturing depends 

on the Army Corps’ aging navigation locks at Sault Ste. Marie, Michigan and U.S.- 

flag bulk cargo vessels to obtain iron ore from Michigan’s Upper Peninsula and Minnesota. Will you commit to visiting the Soo Locks with the Army Corps’ leadership 

to learn more about this linchpin of the Great Lakes maritime transportation system? 

Answer. Thank you for bringing this to my attention. While I cannot pursue the 

Army Corps commitment for such a visit prior to being confirmed, I look forward 

to a continued dialogue with you and your office and hope such a visit can become 

a reality, if I am confirmed. 

Question 10. Great Lakes Jones Act shipping alone is responsible for over 128,000 American jobs, nearly $10 billion in annual income, and $18 billion in annual business revenue. It brings significant national security benefits as routinely noted by 

senior military leaders and the Maritime Administration. Great Lakes Jones Act 

vessels can transport as much as 100 million tons in raw materials such as iron 

ore, limestone, coal, and other bulk materials that are the lone source for the steel 

used in U.S. automobile, appliance, heavy machinery, and other durable goods. The 

Jones Act perfectly aligns with the incoming Administration’s policy stance, ‘‘Buy 

American and Hire American.’’ As DOT Secretary, will you be committed to supporting the Jones Act? 

Answer. Yes. As I stated during my confirmation hearing, the Jones Act is a very 

important piece of legislation, and it is the law of the land until Congress elects to 

change that. 

Question 11. The U.S. is undergoing dramatic demographic shifts and local and 

regional migration patterns are shifting as well. These changes highlight the need 

for transportation decision-making to be informed by critical tools such as disaggregated data, mapping technology, best practice guidance/examples and other technical assistance to communities. DOT plays a critical role in providing such tools. 

141 

How will you approach providing tools and guidance to support the success of state 

departments of transportation, local and regional transit agencies, and others? 

Answer. State DOTs, and local and regional transit agencies understand best the 

needs of their constituents. If confirmed, I will support state and local agencies and 

will provide Federal assistance as appropriate. 

Question 12. The Federal pipeline safety oversight agency, PHMSA, is located in 

the USDOT. PHMSA has demonstrated a number of shortcomings over the years 

but I am hopeful improvements can be made. However, given the unique characteristics of Great Lakes waters, I am concerned that the response plan requirements 

for owners and operators of Great Lakes pipelines are not adequate to prevent, respond to, and pay for a variety of oil spill scenarios. As the source of drinking water 

for 40 million people, and an economic engine that supports 1.5 million jobs in 

multi-billion-dollar shipping, fishing and tourism industries, it is imperative that we 

have stringent Federal regulations that ensure the safety and integrity of the Great 

Lakes’ oil pipeline network. Are you committed to strong enforcement of pipeline 

safety and supporting PHMSA so they can finish necessary regulations and pursue 

new steps to better protect communities from pipeline threats? 

Answer. I have not yet been briefed specifically on PHMSA’s enforcement program, but given that the country has approximately 2.6 million miles of pipelines, 

it is important that these underground energy highways operated safely and efficiently. If confirmed, I will take a hard look at how PHMSA has been organized, 

and how it carries out its mission. Strong enforcement is important to this effort. 

Other components of an effective pipeline safety program include enabling new technology, increasing the effectiveness of the 811 program, looking for ways to deploy 

advanced ILI tools, increasing education and outreach, and working with PHMSA’s 

state partners. 

Question 13. When the Obama administration developed the DOT and EPA Federal fuel economy programs in 2011, it was with the intention that the two programs would be well harmonized, such that a manufacturer could comply with both 

with a single fleet of vehicles. But I understand there are inconsistencies in the programs that may leave many companies facing fines under the DOT program even 

if they are compliant with the EPA program. There may be both regulatory and legislative differences between the programs that need to be corrected. On the regulatory side, automakers have petitioned to have a number of items corrected to establish better harmony between the programs. I urge DOT to act on these items as 

quickly as possible, and work with Congress on potential legislation to harmonize 

the programs. Are you aware of this situation and what are your priorities as it relates to fuel economy standards? 

Answer. If confirmed, a review of the NHTSA CAFE program will be a top priority. Inconsistencies between Federal agencies can be frustrating for industries and 

consumers. I will work with my colleagues in other related Federal agencies, including EPA, to ensure a robust program that prioritizes safety and fuel efficiency, while 

ensuring automakers have time to implement necessary changes. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TAMMY BALDWIN TO

HON. ELAINE L. CHAO

Question 1. The Secretary of Transportation is provided broad authority to waive 

Buy America restrictions on its grants. Please elaborate on how you will use the 

‘‘public interest waiver’’ as Secretary. 

Answer. As you know, the President Elect has been a staunch and vocal supporter 

of such provisions. By statute and regulation, the Secretary of Transportation may 

waive Buy America requirements if those requirements would be inconsistent with 

the public interest based upon a consideration of all appropriate factors on a caseby-case basis. If I am confirmed, I expect to review any public-interest waivers in 

accordance with the statutory and regulatory requirements. 

Question 2. The Secretary of Transportation is provided broad authority to implement the statutory Buy America requirements in its grant programs. The Department, under Anthony Foxx, improved access to grant opportunities for American 

businesses by posting all Buy America waiver requests on a central Department 

website before the waiver is granted. This allows American companies to find out 

if they can fill a Department need. Will you maintain this process as Secretary? 

Answer. If I am confirmed, I would expect USDOT to implement Buy America in 

accordance with the applicable statutory and regulatory requirements and to support efforts to improve access to grant opportunities for U.S. businesses. 

142 

Question 3. Your testimony stated that you would ‘‘identify and [address] unnecessary bottlenecks in the processes that govern project development and delivery, as 

well as the manufacturing processes that we oversee.’’ I am unaware of what ‘‘manufacturing processes’’ the Department oversees. I am aware that the extent to which 

‘‘manufacturing processes’’ occur in the United States is a critical factor for determining compliance with the Department’s regulations implementing the various 

Buy America laws applied to federal-aid transportation infrastructure spending. For 

iron and steel, the Department has for many decades required that ‘‘all manufacturing processes’’ occur in the United States to be treated as ‘‘produced in the 

United States.’’ Was your reference to ‘‘manufacturing processes’’ in hearing testimony implicating these laws and the Department’s longstanding regulations implementing them? If not, please indicate what ‘‘manufacturing processes’’ the Department oversees and why such manufacturing processes result in ‘‘bottlenecks.’’ 

Answer. If I am confirmed, I would expect to USDOT to implement Buy America 

in accordance with the applicable statutory and regulatory requirements. To the extent that other Federal requirements or processes create bottlenecks, USDOT 

should seek to ameliorate those issues. 

Question 4. The Small Shipyard Grant Program generates incentives for our Nation’s small shipyards to modernize their facilities. It enables these businesses to 

upgrade equipment and processes that make them more efficient and competitive 

in the global marketplace. Grants may also be used to support worker training programs. Continued investment in this program is a win for shipyards, manufacturers 

and the workboat fleet—while also supporting good-paying jobs in these industries. 

If confirmed as Secretary, will you support continued funding and reauthorization 

of the Small Shipyard Grant Program? 

Answer. I have not yet been briefed on this program but if confirmed, I will be 

briefed on this program and look forward to better understanding the role and mission that it serves. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TAMMY DUCKWORTH TO

HON. ELAINE L. CHAO

Question 1. During your confirmation hearing, there was extensive discussion 

about the President-Elect’s proposed infrastructure package. I appreciated your 

leadership and interest in making sure public transportation funds reach disadvantaged business enterprises (DBEs) located in urban and rural areas of Illinois that 

are home to low-income populations and communities of color. If the President-Elect 

follows through on the promise to invest trillions in new public infrastructure 

projects, please describe: 

• What criteria you would employ, if confirmed, to select infrastructure projects 

that benefit under-served communities and communities of color in urban and 

rural regions; and 

• How Congress could help DOT achieve this important goal. 

Answer. The President Elect’s transition team is currently evaluating all of the 

various financing tools and opportunities for a new infrastructure plan, including 

the needs of all facets of America, both urban and rural. Since we have not yet 

made a decision on which options will be utilized, it would be premature for me to 

speculate on the details and effects of such a plan. However, I fully intend to work 

with Congress in finding the best solution. 

Question 2. Transit funding is critical to the economic health and well-being of 

Illinois and states across the Nation. However, important public transit project that 

serve a critical public good do not always attract robust private investment or result 

in significant revenue gains. As Congress examines reforming how our Nation finances surface transportation, please describe: 

• How you would, if confirmed, make sure that direct Federal investment continues to support vital public mass transit programs; and 

• Your view on the appropriate role of private-public partnerships in financing 

portions of our transportation system. 

Answer. If I am confirmed, I would expect USDOT to administer direct Federal 

investment in public transportation programs in accordance with applicable statutory and regulatory requirements and consistent with Congressional appropriations. 

Public-private partnerships (P3) can be a valuable means of expediting development 

of portions of our transportation systems, financing or performing state-of-good-repair efforts, and/or supporting operations and maintenance. 

143 

Question 3. In Illinois, the expansion of the CTA Redline to the far south side of 

Chicago is a critical transportation project that promises to bridge the gap between 

urban and rural communities, while bringing economic growth to underserved areas. 

CTA Redline expansion would bring access to jobs, opportunities and holds the potential to improve the lives of hard-working Illinois families. Please describe: 

• Your view on the benefit of rail transit projects that connect diverse communities across a large state, such as Illinois; and 

• How Congress can effectively support DOT in prioritizing transit projects that 

help create equity between rural and urban areas, such as the CTA Redline expansion, receive robust public support. 

Answer. If I am confirmed, I will seek appropriate briefings regarding the quantifiable benefits of rail transit projects that connect diverse communities across large 

states such as Illinois and how Congress can more effectively help to create equity 

in rural and urban transit projects. 

Question 4. Recently, an alarming number of violent incidents have occurred targeting Chicago Transit Authority (CTA) employees. This increase in violence against 

CTA employees may be part of a wider trend of increasing attacks on transit personnel, particularly bus drivers who are highly vulnerable to violent assaults as a 

result of close proximity to riders and lack of physical barriers. Attacks targeting 

bus drivers are a serious public safety concern that not only put the life of a driver 

at risk, but also those commuters who use bus transit. Congress sought to address 

this problem by enacting Section 3022 of the FAST Act, which requires the Federal 

Transit Administration (FTA) publish a rule to improve workplace safety against 

physical assaults, including bus upgrades that increase bus driver protection. Please 

describe: 

• What steps you would take, if confirmed, to make sure FTA effectively implements this statutory requirement and meets the congressional deadlines for 

issuing this vital public safety rule. 

Answer. If I am confirmed, I will seek appropriate briefings regarding transit 

workplace safety and bus upgrades that could increase bus driver protection and 

USDOT will work to expedite an NPRM to comply with Section 3022 of the FAST 

Act. 

Question 5. Since 1992, the United States Government has established bilateral 

‘‘Open Skies’’ agreements with foreign nations to provide rights for air carriers to 

offer international passenger and cargo air service. DOT is responsible for authorizing foreign airline companies to conduct commercial aviation operations with 

flights into and out of the United States. As you may be aware, significant controversy surrounds Norwegian Air International’s foreign air carrier permit application. Please describe: 

• What actions you would take, if confirmed, to make sure DOT effectively carries 

out its statutory responsibility to review foreign license applications and make 

sure foreign airline applicants comply with Open Skies agreement. 

Answer. I will take seriously the statutory mandate to strengthen the competitive 

position of our Nation’s air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for our carriers to maintain and 

increase their profitability in global markets. I will oppose any foreign air carrier 

license applications that are inconsistent with our air service agreements or would 

undermine the economic viability and global competitiveness of our Nation’s air carriers. 

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