U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

85–820 PDF 2013

S. HRG. 113–119 

NOMINATION OF MAYOR ANTHONY FOXX 

TO BE SECRETARY OF THE 

U.S. DEPARTMENT OF TRANSPORTATION 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

FIRST SESSION 

MAY 22, 2013 

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

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS 

FIRST SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

WILLIAM COWAN, Massachusetts 

JOHN THUNE, South Dakota, Ranking 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN L. DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel and Chief Investigator 

(III) 

C O N T E N T S 

Page 

Hearing held on May 22, 2013 ............................................................................... 1 

Statement of Senator Rockefeller ........................................................................... 1 

Statement of Senator Thune ................................................................................... 6 

Statement of Senator Blumenthal .......................................................................... 23 

Statement of Senator Klobuchar ............................................................................ 25 

Statement of Senator Scott ..................................................................................... 28 

Statement of Senator Cowan .................................................................................. 30 

Statement of Senator Fischer ................................................................................. 33 

Statement of Senator Blunt .................................................................................... 35 

Statement of Senator Cantwell .............................................................................. 36 

Statement of Senator Cruz ..................................................................................... 38 

WITNESSES

Hon. Richard Burr, U.S. Senator from North Carolina ........................................ 1 

Hon. Kay Hagan, U.S. Senator from North Carolina ........................................... 3 

Mayor Anthony Foxx, Secretary-Designate, U.S. Department of Transportation ..................................................................................................................... 7 

Prepared statement .......................................................................................... 9 

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

APPENDIX

Response to written questions submitted to Anthony Foxx by: 

Hon. John D. Rockefeller IV ............................................................................ 45 

Hon. Barbara Boxer ......................................................................................... 47 

Hon. Bill Nelson ............................................................................................... 49 

Hon. Maria Cantwell ........................................................................................ 50 

Hon. Frank R. Lautenberg ............................................................................... 53 

Hon. Amy Klobuchar ........................................................................................ 57 

Hon. Mark Warner ........................................................................................... 57 

Hon. Mark Begich ............................................................................................. 58 

Hon. Brian Schatz ............................................................................................ 59 

Hon. William Cowan ........................................................................................ 62 

Hon. John D. Rockefeller IV on behalf of Hon. Sherrod Brown ................... 62 

Hon. John Thune .............................................................................................. 63 

Hon. Roger F. Wicker ....................................................................................... 69 

Hon. Dan Coats ................................................................................................ 70 

Hon. Roy Blunt ................................................................................................. 71 

Hon. Marco Rubio ............................................................................................. 72 

(1) 

NOMINATION OF MAYOR ANTHONY FOXX 

TO BE SECRETARY OF THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WEDNESDAY, MAY 22, 2013 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 2:35 p.m., in room 

SR–253, Russell Senate Office Building, Hon. John D. Rockefeller 

IV, Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV, 

U.S. SENATOR FROM WEST VIRGINIA 

The CHAIRMAN. Ladies and gentlemen, this hearing will come to 

order. And we have a very distinguished guest to be introduced by 

two very distinguished Senators who are good friends of mine. 

Senator Burr, do you want to introduce? 

Senator BURR. I would be happy to, Mr. Chairman. I thought you 

and the ranking member would—— 

The CHAIRMAN. No, no. 

Senator BURR—probably go first. 

The CHAIRMAN. We will, but we don’t want to hold you up. We 

are kind people. 

[Laughter.] 

Senator BURR. That means there is a baseball game on this 

afternoon—— 

[Laughter.] 

Senator BURR [continuing]. And you would like to get this over 

with. 

The CHAIRMAN. You are right. 

[Laughter.] 

STATEMENT OF HON. RICHARD BURR, 

U.S. SENATOR FROM NORTH CAROLINA 

Senator BURR. Mr. Chairman, thank you. Thank you, Ranking 

Member Thune and members of the Committee. 

It is really a pleasure to be here this afternoon with my colleague 

from North Carolina, Senator Hagan. I want to thank you for holding quickly this important hearing and for the opportunity to introduce a friend and the Mayor of Charlotte, Anthony Foxx. 

First, I want to publicly thank him for his commitment and his 

willingness to serve in this capacity. I know it can’t be easy to 

leave behind the beauty of North Carolina to come to Washington 

2 

and to take on the challenges that come with this position. I understand it is not the easiest transition, so I especially want to thank 

his wife, Samara, and his two children, Hillary and Zachary, for 

the support that they continue to give to him in what has been a 

very quick life of public service. 

Anthony’s leadership and his record of service has brought him 

before you today, and I am confident that he will serve our nation 

in the same manner that he served the people of North Carolina, 

specifically the city of Charlotte. 

A homegrown talent, Anthony was born in Charlotte, where he 

attended West Charlotte High School before moving on to Davidson 

College. While in undergrad, Anthony served as student body president, the first African-American to do so at Davidson. 

The CHAIRMAN. That is amazing. 

Senator BURR. His passion for public service awarded him the 

Root-Tilden Scholarship to study law at New York University. 

Prior to joining DesignLine as Deputy General Counsel in 2009, 

Anthony worked as a Litigation Attorney at Hunton and Williams. 

He has the distinction of serving in all three branches of the Federal Government: as a law clerk on the United States Sixth Circuit 

Court of Appeals, a trial attorney for the Civil Rights Division of 

the United States Justice Department, and a staff counsel to the 

U.S. House of Representatives on the Judiciary. 

Anthony began his political career in 2005 with his election to 

the city council as an at-large representative and served two terms 

before being elected Mayor on November 3, 2009. I might add, the 

youngest mayor in the city’s history. 

Much like our state, the City of Charlotte continues to grow by 

leaps and bounds. And as mayor, Mayor Foxx has kept the charge 

of meeting and staying ahead of the needs of a major metropolitan 

area. As mayor, he has done an outstanding job of building stronger relationships with state and Federal leaders to meet the infrastructure needs of a growing metropolitan area. 

My office has enjoyed a great working relationship with the 

mayor. He has been a steadfast advocate of the citizens of Charlotte, North Carolina. It is my great honor to be here with him 

today. I commend the president for looking toward North Carolina 

for this kind of leadership, and I urge my colleagues to offer him 

their full consideration. 

Mr. Chairman, let me say there are not just three North Carolinians here. Four with Mayor Foxx, and we claim Mo as a North 

Carolinian—— 

[Laughter.] 

Senator BURR—since his family, his parents reside in North 

Carolina. 

Mr. Chairman, if confirmed, I am confident that as Secretary of 

Transportation, Mayor Foxx will be up to the challenge of not only 

keeping our Nation moving, but moving in the right direction. 

I thank the Chair. 

The CHAIRMAN. I thank you, sir. 

Senator Hagan? 

3 

STATEMENT OF HON. KAY HAGAN, 

U.S. SENATOR FROM NORTH CAROLINA 

Senator HAGAN. Thank you, Mr. Chairman. 

Chairman Rockefeller and Ranking Member Thune and all of the 

members of the Committee, it certainly is a pleasure to be here 

with my colleague, Senator Burr, so that we both can welcome and 

introduce Anthony Foxx to you. I do appreciate the opportunity. 

I also want to thank the Mayor’s family for their steadfast service and commitment while he has served as Mayor of Charlotte and 

moved through this nomination process. His wife, Samara—thank 

you. And his two children, Hillary and Zachary, have stayed in 

Charlotte to go to school. 

So I am honored to have the opportunity to introduce a man who 

has been a tremendous asset to our entire state. While it is going 

to be sad to see him leave Charlotte and the Charlotte government 

process, I am pleased that when he is confirmed the entire country 

will benefit from Anthony Foxx’s leadership as Secretary of Transportation. 

He earned an undergraduate degree, as you have heard, in history from Davidson College in North Carolina and did blaze a trail 

as the school’s first African-American student body president. He 

received a law degree from New York University and has held positions in all three branches of the Federal Government. Beginning 

as a judicial clerk on the U.S. Court of Appeals for the Sixth Circuit, Anthony Foxx went on to become a lawyer for the Department 

of Justice and counsel for the House Judiciary Committee. 

In 2005, he was elected as an at-large member of the Charlotte 

City Council, and during his 4 years of service as councilman, he 

chaired the Transportation Committee and was a member of the 

Economic Development and Planning Committee. Since 2009, he 

has served as the mayor of Charlotte, one of our country’s fastestgrowing cities. 

Given his experience and the strength of his resume, it is hard 

to believe that Anthony could be one of the youngest Cabinet secretaries in history. 

When he became Mayor, Charlotte’s unemployment rate was almost 13 percent. Through his tireless efforts, he helped attract and 

create more than 8,400 new jobs in the Charlotte area. 

Most importantly, he has been a true champion of transportation 

and infrastructure development, securing forward-looking investments in Charlotte’s roads, airport, and mass transit. Under his 

leadership, the I–485 has been approved for expansion; he secured 

funding toward the completion of the Blue Line Light Rail Extension Project; and oversaw the opening of a third runway at the 

Charlotte International Airport. All of these projects occurred as we 

worked and as we are still working to climb out of the recession. 

These smart investments in infrastructure and transit-oriented 

development are continuing to fuel Charlotte’s economic growth. 

South End, which is a historic Charlotte neighborhood which saw 

the city’s first railroad line back in the 1850s, is being revitalized 

with the help of the LYNX light rail. This neighborhood is now 

home to more than 750 small businesses and 11 new residential developments. 

4 

And investments at the Charlotte airport are establishing the 

city as an international hub. With direct flights to London and soon 

to Brazil, Charlotte and North Carolina are increasingly connected 

to businesses across the world. 

And the I–85 Corridor Improvement Project, which has been a 

top priority for the state of North Carolina for many years, is finally moving forward. I–85 is one of the most heavily traveled 

routes in the Southeast. Sixty thousand vehicles use one part of 

this roadway every day, and that number is expected to double by 

2025. The improvement project, which relied heavily on support 

from local leaders across the region, including Mayor Foxx, is expanding and improving the integral roadway so it can really meet 

the needs of businesses and residents for years to come. 

Anthony Foxx’s direct experience working directly with transportation departments at the Federal, state, and local levels and his 

proven record of success make him well-prepared, Mr. Chairman, 

to serve as the next secretary of transportation. I have worked 

closely with Mayor Foxx during my time in Washington, and I have 

the utmost confidence that he will serve in this role with great distinction. 

I thank him for his service and willingness to step up when his 

service is needed, and I encourage a swift confirmation by this committee. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Hagan. 

I detect, Mayor Foxx, a certain friendliness from your two introducers here. 

[Laughter.] 

The CHAIRMAN. Now, I am not kicking you out, but I am offering 

you the opportunity to leave, because—unless you want to listen to 

John Thune and myself speak. 

[Laughter.] 

Senator BURR. Never miss a great invitation. Thank you, Mr. 

Chairman. 

[Laughter.] 

Senator HAGAN. Thank you. 

The CHAIRMAN. Thank you very much. 

Mayor Foxx, I have to say, I have been here on this committee 

for 26, 27-something years, and I have never seen a greater press 

crush in my entire life. 

[Laughter.] 

The CHAIRMAN. I want to congratulate you, Mayor Foxx, be you 

seated or not—and you have to introduce your wife, for sure—on 

your nomination for the position of Secretary of the United States 

Department of Transportation. 

This high honor is, unhappily, a very great challenge, a very 

great challenge. As Secretary LaHood so ably demonstrated, the job 

requires a deep understanding of the policy and the political savvy 

to accomplish the administration’s goals, all of which in an era of 

constraint which doesn’t seem to relax. 

The Department of Transportation is enduring a tumultuous 

time of constrained resources. Despite this, the department is 

tasked with implementing a large number of new safety mandates 

and simultaneously presiding over a transportation infrastructure 

5 

network in need of significant and immediate investment. And how 

to pay for that, nobody seems to be able to figure out. 

The country’s—well, I mean, I can figure it out, but it is not a 

prevailing view. 

[Laughter.] 

The CHAIRMAN. The country’s transportation network has been a 

critical factor in our long-term economic growth. However, years of 

underinvesting in our roads, airports, air traffic control systems, 

rails, and ports have left us with an overstrained transportation 

system. And I think that is probably the greatest weak link in our 

national economic picture, only to get much worse. 

The weakness in our transportation system has been a drag on 

our growth. I believe we are on the brink of losing our competitive 

edge in the global marketplace as a result. The evidence is clear 

that this interconnected system was not built to withstand the 

wear and the tear that it is forced to endure today. 

The Federal Government has a critical role to play in transportation. I am among the first to admit that we in Congress have not 

done our jobs in this area. Instead, we have grown accustomed to 

an ad hoc approach to investing in our transportation network by 

using a grab bag of unrelated pay-fors and budget gimmicks just 

to keep funding levels static. Too many seem content with this approach, but I certainly am not and I don’t think you are. 

Turning our backs on this growing problem ignores what we 

truly need, desperately need in this country: a strategic, long-term 

vision for rebuilding our transportation system in all of its forms. 

A Band-Aid approach to fixing our infrastructure just doesn’t cut 

it. 

We need to take a hard look at what we need from our ports, 

rail, air, and highway systems over the long term and commit to 

making appropriate investments. We must get away from overly 

siloed, programmatic funding mechanisms that don’t allow for flexibility necessary to make strategic multimodal investments. We 

need to get smart about working with the private sector to increase 

overall funding. You have done that very successfully in your city. 

In short, we need to rethink how we fund transportation in this 

country as we look, hopefully, toward a future. We all need to come 

together—the Congress, the White House, and the stakeholder 

community—and truly explore all options. We won’t get anywhere 

unless we work together. 

Investing in infrastructure also means investing in safety. Now, 

and I should tell you that we, the Commerce Committee, has now 

very much become a consumer affairs committee and a safety committee, looking out for little things that we sort of looked past in 

years past. Since becoming chairman, I really have worked on protection of people and safety as a priority. For transportation, I hope 

I have your commitment on this across the department, and I am 

sure I will. 

While we have required new safety requirements across the air, 

rail, and highway systems, the work has only just begun. The department needs do everything in its power to implement these safety requirements in a timely way. We are very good at passing rules 

and, you know, legislation and then others pass rules and regulations; then they never get implemented. And we think they have 

6 

been because we passed them, but they haven’t been. And therein 

lies a huge problem. 

I am concerned about delays we are seeing on some very important issues and worried about more. Should you be confirmed, I 

need your help in making sure that these new requirements are 

put in place as soon as possible. 

On the aviation side, it has been a tough year, between the challenges involving the 787 and sequestration impacts. Sequestration 

took a serious hit out of FAA’s finances. Unfortunately, we face the 

same difficulties next year and into the future until we come to our 

collective senses. 

All of this has taken attention away from other key efforts, such 

as modernizing the air traffic control system, which is sort of the 

thing I care most about but get to talk least about because it has 

been pushed down the road by the situation we are faced with. 

I expect you to make a renewed effort to focus the agency on implementing new pilot qualification and training requirements. Implementing the NextGen air traffic control system, as I indicated, 

is of personal importance for me. For 10 years, I have worked to 

help FAA make NextGen a reality. The system is vital to the future of our air transportation network, and I will continue to make 

it a priority. I promise you that. 

So, Mayor Foxx, as you know, you have a huge job in front of 

you. The challenges are many, and the solutions are hard. However, if you are confirmed, I want this Committee to be a partner 

in your efforts. This will take communication and transparency 

from the department; it will take honesty and frankness from us. 

And I thank you for being here today and look forward to hearing your thoughts. 

Before I turn this over to my distinguished friend, Senator 

Thune, I should point out that, one, we have two votes at 4 o’clock. 

So we are going to change our rules a little bit. I spoke a little bit 

long, but of course I always do. So Senator Thune and I will talk 

for 7—give our opening statements. And then on the questions, everybody will have 7-minute rounds rather than 5-minute rounds. 

STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator THUNE. Thank you, Mr. Chairman, and thank you for 

holding the hearing today. 

Mayor Foxx, welcome to the Committee. 

This hearing gives our committee the opportunity to perform one 

of the most important constitutional responsibilities provided to 

members of the United States Senate, the power to give advice and 

consent on the president’s executive and judicial nominees. Today 

we are going to consider Mayor Anthony Foxx to be the 17th Secretary of Transportation. 

Established in 1967, the Department of Transportation employs 

approximately 53,000 full-time employees and has over $72 billion 

in budget authority. 

If confirmed, Mayor Foxx, not only will you be responsible for 

overseeing this important agency, but you will also be the principal 

advisor to the President on all matters relating to transportation. 

7 

I know most of the individuals here today understand what an 

important position this is for our country, but every American is 

directly affected by our nation’s transportation systems, including 

through personal and business travel, employment, the interstate 

movement of the products we grow, manufacture, and purchase, 

and their impact on the overall health of our economy. 

Specifically, over 12 million Americans are employed in the 

transportation labor force. That works out to just over 9 percent of 

the Nation’s entire non-agriculture work force. The average American family spends roughly 17 percent of their total budget on 

transportation-related costs, and $1.6 trillion, or almost 10 percent 

of the U.S. GDP, is comprised of transportation-related goods and 

services. 

Even a rural state like my home state of South Dakota is directly 

impacted by the decisions made by the Secretary of Transportation. 

For instance, the regulations produced by the DOT have a direct 

impact on the ability of Daktronics, an industry leader in electronic 

scoreboards and display systems located in Brookings, South Dakota, to produce and sell dynamic message signs used on freeways 

and roadways to provide instructions, travel times, and road conditions to motorists. 

DOT components like the Federal Aviation Administration and 

the Federal Highway Administration play an important role in 

maintaining a robust national airspace and highway system to 

transport agriculture goods to market, enable tourists to visit 

South Dakota’s many historic sites like Mount Rushmore, Crazy 

Horse, and the Badlands, or enjoy our world-class pheasant hunting. 

And regulations placed on truck safety by another DOT agency, 

the Federal Motor Carrier Safety Administration, impact more 

than 20,000 individuals in South Dakota employed by the trucking 

industry. The secretary’s decisions also shape the role the Federal 

Railroad Administration plays in ensuring our freight rail lines are 

safe so that South Dakota’s agricultural goods can make it to market quickly and efficiently. 

The position you are nominated for is certainly an important one, 

and to be successful the administration and Congress will need to 

work together to address the numerous transportation challenges 

we face ahead. 

Mayor Foxx, I look forward to hearing your testimony today and 

to learning about you and your qualifications to be the next secretary of transportation. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very much. 

And we will now have the honor of listening to our hope for Secretary. 

STATEMENT OF MAYOR ANTHONY FOXX, SECRETARYDESIGNATE, U.S. DEPARTMENT OF TRANSPORTATION 

Mr. FOXX. Thank you, Mr. Chairman. And thank you, Ranking 

Member Thune and members of the Committee. It is an honor for 

me to appear today before you as President Obama’s nominee to be 

U.S. Secretary of Transportation. 

8 

I want to thank Senators Richard Burr and Kay Hagan for their 

very kind introductions. And I also want to thank my beautiful 

wife, Samara, who is behind me now, for being with me here today. 

My children, Hillary and Zachary, wanted to be here, but they have 

school obligations that their parents wanted them to meet today. 

If I have the honor to lead the department, I will bring the perspective of serving as mayor of Charlotte, which is the 17th largest 

city in America. As mayor, I know transportation from the ground 

up, but I learned the value of quality transportation and hard work 

even earlier. 

I was born and raised in Charlotte by my mother and my grandparents, who were public school teachers. Things were not always 

easy growing up. Many times there would be a $20 bill on the 

table, and my family would have to choose between basic necessities and funding a school fieldtrip. Somehow, they always made 

the investment in me, and for that I am forever grateful. Together, 

they taught me to take pride in hard work, to take responsibility 

for my actions, and to understand that education would unlock 

countless doors. 

My first job, when I was 12 years old, was at Charlotte’s Discovery Place Museum. To get there, I rode the No. 6 bus after 

school. The No. 6 connected me to the larger world of opportunity. 

And I truly believe that whether it is a bus, a road, a train, a 

plane, or a ship, our transportation system, at its best, connects 

our people to jobs and a better quality of life. 

When I became Mayor in 2009, Charlotte was facing an economic 

downturn and steep revenue declines. I decided to make efficient 

and innovative transportation investment the centerpiece of Charlotte’s job creation and economic recovery efforts. These investments included extending the LYNX light rail system to the University of North Carolina at Charlotte, expanding Charlotte Douglas International Airport, breaking ground on the Charlotte Regional Intermodal Facility, completing our I–485 beltway, repairing 

the Yadkin River Bridge, and starting the Charlotte Streetcar 

Project. 

Today, more than 19 million riders have used the existing light 

rail system since it opened in 2007, with more than 15,000 riders 

on an average weekday. Passenger traffic at Charlotte Douglas Airport reached a record high in 2012. And our Streetcar Project is expected to connect people with jobs, schools, medical facilities right 

in the heart of my city. 

The truth is we did not accomplish these successes alone. Business, the public, and all levels of government worked together to 

find pragmatic solutions for the transportation challenges we faced 

while not using a one-size-fits-all approach. It is the kind of bipartisan approach that I believe made Secretary LaHood so effective 

at the Department of Transportation and a model I will also follow. 

If confirmed, I plan to focus on three key areas: 

First, ensuring that our transportation system is the safest in 

the world will be my top priority, as it has been for Secretary 

LaHood, the dedicated DOT work force, and this committee. 

My second focus will be on improving the efficiency and performance of our existing transportation system. Cutting-edge transportation leaders across the country are finding new ways to boost 

9 

productivity through better use of technology, data, economic analysis, and private-sector innovation, such as public-private partnerships, to bring more private-sector capital and innovation into the 

infrastructure marketplace. 

Third, we must build this country’s infrastructure to meet the 

needs of the next generation of Americans. The private sector cannot do this alone, and the Federal Government has a responsibility 

to help ensure our global competitiveness by investing in a robust, 

multimodal transportation system, a stronger national freight network, and key innovations like NextGen and advanced roadway 

and rail technology. 

As a mayor who has delivered projects to my constituents, I 

know too well that future uncertainty at the Federal level makes 

it difficult to do smart, cost-effective, long-term planning and 

project development. We also need investments and policies that 

promote opportunity, enhance quality of life, promote environmental sustainability, and reduce our dependence on foreign oil. 

I look forward to working with Congress and the broader transportation community to tackle the tough challenges and seize the 

exciting opportunities we have to innovate, invest, and make the 

American transportation system the best in the world. 

To conclude, Mr. Chairman, thank you again for scheduling this 

hearing. I will be happy to respond to any questions you and the 

members may have. 

[The prepared statement and biographical information of Mr. 

Foxx follow:] 

PREPARED STATEMENT OF MAYOR ANTHONY FOXX, SECRETARY-DESIGNATE, 

U.S. DEPARTMENT OF TRANSPORTATION

Chairman Rockefeller, Ranking Member Thune, members of the Committee, it is 

an honor for me to appear before you today as President Obama’s nominee to be 

U.S. Secretary of Transportation. 

I want to thank Senators Richard Burr and Kay Hagan for their kind introductions. 

And I also want to thank my beautiful wife, Samara, who is here with me today. 

My children, Hillary and Zachary, wanted to be here but couldn’t miss school. 

If I have the honor to lead the Department, I will bring the perspective of serving 

as Mayor of Charlotte, America’s 17th largest city. 

As Mayor, I know transportation from the ground up, but I learned the value of 

quality transportation—and hard work—even earlier. I was born and raised in 

Charlotte by my mother and my grandparents, who were public school teachers. 

Things were not always easy growing up. Many times, there would be a $20 bill 

on the table, and my family would have to choose between basic necessities and 

funding a school field trip. Somehow, they always made the investment in me and 

for that I am forever grateful. Together, they taught me to take pride in hard work, 

to take responsibility for my actions, and to understand that education would unlock 

countless doors. 

My first job—when I was 12 years old—was at Charlotte’s Discovery Place Science 

Museum. I rode the Number 6 bus there after school. 

The Number 6 connected me to a larger world of opportunity, and I truly believe, 

whether it is a bus route, a road, a train, a plane or a ship, our transportation system, at its best, connects our people to jobs and a better quality of life. 

When I became Mayor in 2009, Charlotte was facing an economic downturn and 

steep revenue declines. I decided to make efficient and innovative transportation investment the centerpiece of Charlotte’s job creation and economic recovery efforts. 

These investments included extending the LYNX light rail system to the University of North Carolina, expanding Charlotte-Douglas International Airport, breaking 

ground on the Charlotte Regional Intermodal Facility, completing our I485 beltway, 

repairing the Yadkin Bridge, and starting the Charlotte Streetcar Project. 

10 

Today, more than 19 million riders have used the existing light rail line since it 

opened in 2007, with more than 15,000 riders on an average weekday. 

Passenger traffic at the Charlotte Douglas Airport reached a record high in 2012. 

And our Streetcar is expected to connect people with jobs, schools, and medical 

facilities in the heart of my city. 

We did not accomplish these successes alone. Business, the public, and all levels 

of government worked together to find pragmatic solutions for the transportation 

challenges we faced while avoiding a ‘‘one size fits all’’ approach. It’s the kind of 

bipartisan approach that I believe made Secretary LaHood so effective at DOT, and 

a model I will also follow. 

If confirmed, I plan to focus on three key areas: 

Ensuring that our transportation system is the safest in the world will be my top 

priority, as it has been for Secretary LaHood, the dedicated DOT workforce, and this 

Committee. 

My second focus will be on improving the efficiency and performance of our existing transportation system. 

Cutting edge transportation leaders across the country are finding new ways to 

boost productivity through better use of technology, data, economic analysis, and 

private sector innovation, such as public-private partnerships, to bring more private 

sector capital—and innovation—into the infrastructure market. 

Third, we must build this country’s infrastructure to meet the needs of the next 

generation of Americans. The private sector cannot do this alone, and the Federal 

Government has a responsibility to help ensure our global competitiveness, by investing in a robust, multimodal transportation system, a stronger national freight 

network, and key innovations like NextGen and advanced roadway and rail technology. As a Mayor who has delivered projects to my constituents, I know too well 

that future uncertainty at the Federal level makes it difficult to do smart, cost-effective long-term planning and project development. 

We also need investments and policies that promote opportunity, enhance quality 

of life, promote environmental sustainability, and reduce dependence on foreign oil. 

I look forward to working with Congress and the broader transportation community to tackle the tough challenges and seize the exciting opportunities we have to 

innovate, invest and make the American transportation system the best in the 

world. 

To conclude Mr. Chairman, thank you again for scheduling this hearing. I will be 

happy to respond to any questions you and the Members may have. 

BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Anthony Renard Foxx. 

2. Position to which nominated: Secretary of Transportation. 

3. Date of Nomination: April 29, 2013. 

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

Residence: Information not released to the public. 

Office: 600 E. 4th Street, 15th Floor, Charlotte, NC 28202. 

5. Date and Place of Birth: 04/30/1971; Charlotte, NC. 

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): 

Samara Ryder Foxx (wife)—Novant Health (Charlotte, NC), Community Liaison; children: Hillary Foxx (daughter)—age 8; Zachary Foxx (son)—age 6. 

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

Juris Doctor—New York University School of Law (New York, NY), 08/1993–05/ 

1996 

Bachelor of Arts in History—Davidson College (Davidson, NC), 08/1989–05/1993 

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. 

Mayor, City of Charlotte, 12/2009 to present 

Member, City Council for the City of Charlotte, 12/2005–12/2009 

Deputy General Counsel, DesignLine USA, LLC, 12/2009 to present 

11 

* pending campaign for Mayor of Charlotte 

Contract Attorney, Hunton & Williams LLP, 04/2009–12/2009*

Litigation Associate, Hunton & Williams LLP, 10/2001–03/2009 

Campaign Manager, Mel Watt for Congress, 02/2004–11/2004 

Counsel, U.S. House of Representatives, Committee on the Judiciary, 03/1999– 

10/2001 

Trial Attorney, U.S. Department of Justice, Civil Rights Division, 06/1998–03/ 

1999 

Law Clerk, U.S. Court of Appeals for the Sixth Circuit, 05/1997–05/1998 

Associate, Smith, Helms, Mulliss & Moore LLP, 09/1996–05/1997 

Legal Intern, NAACP, Legal Defense Fund Inc., 05/1995–08/1995 

Legal Intern, Ferguson, Stein Law Firm, 06/1994–08/1994 

Intern, U.S. House of Representatives, 06/1993–08/1993 

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 five 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 five 

years. 

President, New American City Committee, Inc. (2011 to present) 

Trustee, Davidson College (2009 to present) 

Board of Directors, North Carolina Center for the Advancement of Teaching 

(NCCAT) (2008 to present) 

Board of Directors, Lynnwood Foundation (2009 to present) 

Board of Directors, Project Leadership and Investment for Transformation 

(LIFT) (2010 to present) 

Board of Directors, Project Life (2012 to present) 

Board of Directors, TreesCharlotte Foundation (2013 to present) 

Member, U.S. Conference of Mayors (2009 to present) 

Member, Professional Golfers Association of America (PGA) Diversity Initiative 

(2010 to present) 

Member, North Carolina Metropolitan Mayors Coalition (2009 to present) 

Board Member, Charlotte-Mecklenburg Development Corporation (2005–2009) 

Fellow, The Aspen Institute Rodel Fellowship Program for Public Leadership 

(2011 to present) 

Candidate, The Anthony Foxx Campaign Committee (2005 to present) 

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. 

North Carolina Bar (1997 to present) 

North Carolina Bar Association (1997 to present) 

Mecklenburg County Bar Association (1997 to present) 

Leary Bar Association (2006–2008) 

Mecklenburg County Bar Foundation (2003–2007) 

Sigma Pi Phi Fraternity (2008-present)—all male membership 

Old Catawba Society (2010 to present) 

Charlotte City Club (2002 to present) 

Good Fellows (2009 to present)—all male membership (sister organization is 

Good Friends) 

Charlotte Rotary Club (2007 to present) 

Davidson College Alumni Association (1993 to present) 

12 

New York University Law School Alumni Association (1996 to present) 

Friendship Missionary Baptist Church (Charlotte, NC) (1978 to present) 

Charlotte-Mecklenburg Black Political Caucus (2003–2009)—all African-American membership 

National Association for the Advancement of Colored People (NAACP) (2003) 

Omicron Delta Kappa Honorary Society (2006 to present) 

Mecklenburg County Democratic Party (1990 to present) 

North Carolina Democratic Party (2000 to present) 

Charlotte in 2012 Democratic National Convention Host Committee (2011– 

2012) 

U.S. Conference of Mayors (2009 to present) 

National Conference of Black Mayors (2010) 

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. 

Since December 2009, I have been the elected Mayor of the City of Charlotte. 

From 2005 to 2009, I was an elected member of the City Council of the City of Charlotte. None of the four campaigns in which I ran for election has any outstanding 

debt. 

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. 

Federal—Personal Contributions 

03/23/10 $500 DNC Services Corp./Democratic National Committee 

10/08/08 $1,000 Hagan, Kay R. via Hagan Senate 

Committee Inc. 

12/17/03 $500 Bowles, Erskine via Erskine Bowles 

for U.S. Senate 

State/Local—Personal Contributions 

06/21/04 $500 Citizens for Grier Martin 

My campaign committee (The Anthony Foxx Campaign Committee) has made numerous contributions during its existence, each of which has been fully reported to 

the Mecklenburg County Board of Elections as required by law. 

Rendered Services 

2011–12—Co-Chair, Charlotte in 2012 Democratic National Convention Host 

Committee (including welcome speech to convention audience) 

2004—Campaign Manager, Mel Watt for Congress 

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

achievements. 

Livingstone College, Doctor of Humane Letters (2013) 

Queens University, Doctor of Humane Letters (2012) 

Root-Tilden-Snow Public Interest Law Scholar, New York University Law 

School (1994–1996) 

Davidson Scholar, Davidson College (1989–1993) 

The Aspen Institute’s Rodel Fellowship Program for Public Leadership, Fellow 

(2011 to present) 

Fayetteville State University, Chancellor’s Medallion (2010) 

Omicron Delta Kappa Honorary Society, Member (2006 to present) 

Urban Land Institute Daniel Rose Center for Public Leadership, Fellow (2010– 

11) 

Young Democrats of North Carolina, Legacy Award (2008) 

13 

Young Democrats of Mecklenburg County, Robert F. Kennedy Award (Elected 

Official of the Year) (2008) 

Charlotte Junior Chamber, Frank K. Sims Recognition (2008) 

Charlotte Business Journal, 40-under-40 (2007) 

North Carolina Bar Association, Citizen Lawyer Award (2007) 

Charlotte Junior Chamber, 10 Outstanding Charlotteans (2006) 

Black Political Caucus, Political Award (2006) 

West Charlotte High School, Anthony Foxx Scholarship Program (2009 to 

present) 

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. 

I have done my best to identify all books, articles, columns, or other publications 

and relevant speeches, including a thorough review of my personal files and 

searches of publicly available electronic databases. Despite my searches, there may 

be other materials that I have been unable to identify, find or remember. I have 

located the following: 

Published Writings 

Taking the Next Transit Step—10/25/12, The Charlotte Observer 

How China Can Boost Charlotte Business—12/04/11, The Charlotte Observer 

City, County, School Leaders: We See Each Other as Teammates—02/13/11, The 

Charlotte Observer 

Growing Exports is a Key to Growing Jobs—09/16/10, The Charlotte Observer 

Susan Burgess: A Fighter for All the People, All the Time—06/20/10, The Charlotte Observer 

Legislators Must Include Perdue’s Mobility Fund in Final Budget 06/17/10, The 

Charlotte Observer 

Fixing Homelessness Would Truly Honor MLK—01/10/10, The Charlotte Observer 

Foxx: Charlotte Will Adjust—12/09/09, The Charlotte Observer 

What Can Charlotte Do to Reduce Crime?—04/30/08, The Charlotte Observer 

Keep All Our Youth Safe and Out of Trouble, 07/15/07, The Charlotte Observer 

Where Politics is a Family Affair, 05/06/07, The Charlotte Observer 

A Pitch for Second Ward, 10/29/06, The Charlotte Observer 

Rebuilding Community—04/27/92, The Davidsonian 

Questionin’ That: 2007: Toxic Waste in the Commons & An All White Davidson?—01/20/92, The Davidsonian 

A Conversation on Chambers—12/09/91, The Davidsonian 

FOXX Explains SERCH—11/04/91, The Davidsonian 

Shout Outs & Sell Outs—11/04/91, The Davidsonian 

Questionin’ That: What Does Knowledge & Learning Mean?—10/21/91, The 

Davidsonian 

Questionin’ That: On A Certain Particular Advertisement—10/14/91, The 

Davidsonian 

Questionin’ That: A Conversation on the Tracks—09/09/91, The Davidsonian 

Junior Anthony Foxx Travels to South Africa—09/02/91, The Davidsonian 

Era of Neo-Apartheid—08/26/91, The Davidsonian 

Speeches 

2013 State of the City (SOTC)—February 4, 2013 (highlighted extension of new 

light rail project and local, state and Federal collaboration involved) 

2011 Oath of Office—December 2011 (installation speech discussing major work 

plan for the upcoming City Council term, including passage of a capital improvement plan to build new roads, bridges and other city infrastructure) 

Announcement Speech for Second Term—July 2011 (remarks celebrating accomplishments and forward-going work, including accelerated work on completing 

the 1–485 outer loop, transit successes and airport expansion) 

14 

2010 State of the City—December 11, 2010 (highlighted the Urban Circulator 

Grant to bring streetcars back to Charlotte for the first time in 50 years, third 

parallel runway expansion at the Charlotte-Douglas International Airport and 

state funding to close the 1–485 loop and repair the Yadkin River Bridge) 

100 Days—March 2010 (remarks touched on the need to accelerate mass transit 

plan and help the state of North Carolina deliver on its pledge to complete the 

1–485 loop ahead of schedule) 

2009 Oath of Office—December 7, 2009 (installation speech in which the need 

to accelerate transportation infrastructure is highlighted as a job-creation strategy and as a long-term competitiveness issue) 

Rally Speech—August 2, 2009 (speech referencing the need to promote more effective Federal and state partnerships to improve infrastructure and to ensure 

the new infrastructure enhances the economic strength of the entire city) 

Filing at Mecklenburg County Board of Elections—July 15, 2009 (remarks upon 

filing for the Office of Mayor, referencing the need to build 21st Century infrastructure to create jobs and build a strong city) 

Launch Day—(remarks announcing run for Mayor in 2009 in which reference 

was made to building a 21st century infrastructure) 

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. 

I have never testified before Congress. 

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? 

Infrastructure is a fundamental aspect of local government. As the mayor of the 

largest city in the fastest-growing U.S. metropolitan region, I know firsthand the 

role transportation plays in the everyday lives of Charlotte residents and citizens 

across America. Quality public transportation, safe and accessible roads and bridges, 

and a modern airport can mean better jobs for families and can make communities 

more attractive to businesses seeking to expand and grow. I look forward to bringing a local perspective, if confirmed, to the Nation’s infrastructure challenges and 

opportunities, where creativity and solution-oriented work is transforming our country from the ground up. 

Under my leadership, we broke ground on the Charlotte Streetcar Project, which 

will bring modern electric tram service to the city and, despite lagging transit sales 

tax revenue, extended the LYNX light rail system to the University of North Carolina at Charlotte. At a time when many sprawl pressures are rising, expanding 

transit options for the city will spur economic development and improve access to 

jobs, education and medical facilities while putting our city on a more environmentally sustainable path. Working with a dedicated team of city staffers, we 

worked with Norfolk Southern Corporation to make the Charlotte Regional Intermodal Facility a reality. Last spring, we broke ground on a revolutionary center that 

will improve the efficiency of freight movement from Charlotte to ports around the 

world. We also opened the third parallel runway at Charlotte/Douglas International 

Airport, which increased capacity and will help the city and the region compete in 

our global economy. We have done so despite the resource-constrained environment 

in which we have had to operate because we know these investments create jobs. 

I am an effective consensus builder, and I would enter this role believing strongly 

that there is truly no Democratic or Republican infrastructure. We all own what 

previous leaders built, and it is our responsibility to maintain, enhance and improve 

infrastructure for future generations. When the state of North Carolina received 

ARRA high speed rail funds, our legislature nearly rejected it. I helped build a bipartisan coalition of mayors to persuade them otherwise, and as a result, North 

Carolina is on track to implement high speed rail. More recently, as our transit 

sales revenues dipped, I have brought together a bipartisan group of elected officials, business leaders and other stakeholders to reimagine how to pay for our 2030 

Transit Plan. We are looking at a variety of funding approaches that will include 

a mix of public-private partnerships, accelerating projects to reduce cost, tax-increment financing and other non-conventional sources. With enormous private capital 

sitting on the sidelines, we have an opportunity to create pathways for putting private capital to work to build America, just as we are looking to build Charlotte. If 

confirmed, I will bring to the USDOT not only the ability to work across differences, 

15 

but also the willingness to look at new approaches to solving national funding challenges. 

These are just a few examples of my demonstrated transportation experience. 

They underscore not only my qualifications for the position of U.S. Secretary of 

Transportation, but also my commitment to improving all aspects of our Nation’s 

transportation system. Transportation is the engine behind our economic recovery 

and future prosperity. My experience shows that I well understand the opportunities and challenges in this arena, and I am prepared to lead. If confirmed, I look 

forward to taking on this critical role 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? 

If confirmed as Secretary, the ultimate responsibility for the Department’s management and accounting controls rests with me. Under my leadership, USDOT 

would do its best to execute its mission efficiently and effectively, correct issues that 

will undoubtedly arise swiftly and be transparent and fair as we do so. 

Working with my senior management team, if confirmed, I will ensure that DOT 

has the proper management and accounting controls in place and will work to continuously improve the Department’s internal controls and financial management, as 

several recent reauthorization bills and executive orders also require. I am aware 

that the Department’s annual financial audits for the last several years reveal a series of clean audit opinions with no material weaknesses identified. These audits do 

identify areas where improved processes and controls are recommended, and they 

will be one focus of my efforts. Furthermore, the Office of the Inspector General 

(OIG) regularly reports on its ‘‘Top Ten’’ recommendations to improve the conduct 

of the Department’s programs and operations. This independent analysis and review 

of the Department’s management should also be closely examined. 

I note that my experience as Mayor of Charlotte is also helpful here. During my first term of office, Charlotte lost nearly $200 million in revenue out of a $1.8 billion 

budget. Despite that loss, we did not raise property taxes. We worked within our 

means. I have led the city to right-size its public safety pay plan, which was on the 

brink of insolvency, and supported single stream recycling efforts that have increased recycling activity by thirty percent while saving taxpayers $40 million over 

10 years. While doing so, we still put transportation bonds on the 2010 ballot, which 

passed overwhelmingly. And, perhaps most importantly, we have maintained our 

long-standing AAA bond rating. 

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

agency, and why? 

The USDOT under this Administration has compiled a strong record on safety, 

the most important focus of the Department overall. Let me say at the outset that, 

if confirmed, I will continue the effort to ensure America’s transportation system is 

the safest in the world. That said, I see three major challenges facing USDOT. 

Efficiency and effectiveness. We know that infrastructure investments generate 

jobs, putting people to work today while establishing important building blocks for 

future growth. Whether an interstate; bridge, airport, port or rail project, infrastructure helps America compete. USDOT is operating in a resource-constrained environment. In future years, it is possible that its ability to deliver on its mission may 

be compromised. As a Department, USDOT must work ahead of these risks to minimize such impacts by working as efficiently and effectively as possible. If confirmed, 

I will not hesitate to use the opportunities provided by MAP–21, for instance, to 

streamline our process and reduce costs to deliver higher value for the dollar. I will 

try my best to deliver savings that can mitigate the impact of future funding challenges. 

However, even at our most efficient, we will not cut our way to national prosperity. I offer two promises in this regard. First, I will continue the work of using 

creative strategies to promote public-private partnerships. I believe we have opportunities through existing public-private programs and perhaps other tools to be developed—to bring more private capital into the infrastructure market place precisely 

when trillions of dollars of private capital remain on the sidelines. I will work hard, 

if confirmed, to deliver an efficient, effective, open and fair USDOT. 

Second, we clearly need a funding plan for the Nation’s infrastructure, and consistent with the Administration’s priorities, I pledge to work with this Congress to 

help solve that problem, if confirmed. 

Implementing MAP–21. Moving Ahead for Progress in the 21st Century (MAP– 

21), which took effect October 1, 2012, requires USDOT to make extensive programmatic reforms and consolidations, issue guidance, and coordinate successfully 

with State DOTs, transit agencies and other transportation stakeholders to deliver 

maximum value for the dollar. The bill contained approximately 100 statutory manVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00019 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\85820.TXT JACKIE
16 

dates for USDOT, which I understand the Department estimates will result in 5060 

separate rulemakings over two years, including project delivery and performance 

measurement and target-setting in areas like safety, infrastructure performance, 

congestion and freight. I am further aware that the Department is also focusing on 

successfully implementing the expanded TIFIA Program and a new freight program, 

including creating a National Freight Advisory Committee and writing a National 

Freight Strategic Plan. If confirmed, I pledge to build on the work to date. 

Critical reauthorization legislation, including the development of successor legislation to MAP–21, PRIIA and RSIA. The Passenger Rail Investment and Improvement 

Act (PRIIA) and the Rail Safety Improvement Act (RSIA) expire at the end of 

FY2013. Both have helped enhance safety, ridership, reliability, investment levels, 

and financial performance within the rail industry. MAP–21 then expires the following Fiscal Year. If confirmed, I look forward to working with Congress to reauthorize these important laws to create a safe, efficient, performance-based and integrated national transportation system. 

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. 

I currently receive a salary from the City of Charlotte for my position as Mayor. 

I also currently receive a salary from DesignLine USA, LLC for my position as Deputy General Counsel. If confirmed, I will resign from these positions. 

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. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I have 

entered into with DOT’s Designated Agency Ethics Official and that has been provided to this Committee. I am not aware of any other potential conflicts of interest. 

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. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I have 

entered into with DOT’s Designated Agency Ethics Official and that has been provided to this Committee. I am not aware of any other potential conflicts of interest. 

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. 

As both Councilmember and Mayor of the City of Charlotte, I worked on behalf 

of the community regarding federal, state, and local legislation affecting the City’s 

budget, operations, and public policy matters. As a member of the U.S. Conference 

of Mayors, I participated in various legislative matters brought before the Conference. 

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

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

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Transportation’s Designated Agency Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I have 

entered into with DOT’s Designated Agency Ethics Official and that has been provided to this Committee. I am not aware of any other potential conflicts of interest. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain. No. 

17 

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 of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

I am aware of four civil suits in which I was named in my official capacity as 

Mayor of the City of Charlotte. None resulted in a finding of wrongdoing on my 

part: 

Mauney v. Obama et. al., Mecklenburg County Superior Court (May 2, 2011 to 

December 19, 2012): Plaintiff alleged violation of his constitutional rights by defendants (including the entire Charlotte City Council) claiming he was prevented from riding his bicycle around a protected perimeter before a 2008 campaign event. The case was dismissed by the trial judge. 

Mauney v. Obama et. al., United States District Court for the Western District 

of North Carolina (May 2, 2011 to December 28, 2012): Same claims as above. 

The case was dismissed. 

Bey v. Cooper et. al, United States District Court for the Western District of 

North Carolina (July 24, 2012 to August 14, 2012): Plaintiff alleged violations 

of his constitutional rights by multiple named defendants, in additional to violations of the Universal Declaration of Human Rights, due to his sovereignty in 

the Moorish Nation. The case was dismissed. 

Bey v. Officer Pictrus K., et. al., United States District Court for the Western 

District of North Carolina (February 9, 2012 to August 13, 2012): Plaintiff alleged violation of his civil rights by Charlotte officials. The case was dismissed. 

Additionally, DesignLine USA, LLC, for which I am Deputy General Counsel, has 

twice been named as defendant in Federal civil litigation and once in North Carolina state court, though none of the cases resulted in a finding of wrongdoing on 

my part: 

Veolia Transportation Services, Inc. v. DesignLine USA, LLC filed on 10/26/ 

2011: Breach of Contract case dismissed. 

Danita Pharr a/k/a Danita Johnson v. DesignLine USA, LLC filed on 04/05/ 

2011: Job Discrimination case dismissed. 

Airborn Manufacturing, LLC v. DesignLine USA, LLC, filed on 08/2009 (Gaston 

Co. Superior Court): Breach of Contract case dismissed. 

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

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

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

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

explain. No. 

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

None to my knowledge. 

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. 

RESUME ́ OF ANTHONY FOXX

Anthony Foxx was elected mayor of Charlotte on November 3, 2009, becoming the 

city’s forty-eighth and youngest mayor. He began his political career in 2005 with 

his election to City Council as an At-Large Representative and served two terms before being elected mayor. 

Foxx took office at a time when Charlotte—the second largest banking center in 

the U.S.—faced the deepest downturn since the Great Depression. Recognizing the 

18 

need to restore momentum, Foxx set three goals: strengthening and diversifying the 

area economy, improving quality of life, and building stronger relationships with 

state and Federal leaders to accelerate infrastructure work. Over three and a half 

years, Foxx has successfully worked to turn negative job losses into positive job 

growth, put more police officers on the street resulting in the lowest crime rates on 

record in Charlotte and has worked with leaders at every level to make progress 

on major road, bridge, airport, transit and regional rail projects: 

• Foxx worked with former North Carolina Governor Beverly Perdue to accelerate 

the 1–485 outer belt loop using a creative design-build-finance approach, the 

first major project of its kind in North Carolina. 

• Foxx joined with regional, local, state and Federal leaders on a successful push 

to repair of the Yadkin River Bridge, widely known as the worst bridge in North 

Carolina. 

• Foxx worked closely with U.S. Transportation Secretary Ray LaHood and 

USDOT to finance a new streetcar starter project and light rail extension in 

Charlotte. The latter is the largest capital project ever undertaken by the city. 

• Foxx, working with dedicated city staff, has helped to expand the CharloteeDouglas International Airport, the sixth busiest in the world, including a new 

third parallel runway and intermodal rail yard. 

Along the way, Foxx introduced a series of initiatives aimed at helping small businesses and focused on improving government efficiencies, public safety, and various 

social matters, including the implementation of the 10-year plan to end homelessness. These accomplishments occurred in a time when the City of Charlotte experienced revenue shortfalls of as much as $200 million in its capital and operating 

budgets—and without a property tax increase. 

During his first term, Foxx led a successful citywide bid for the Democratic National Convention. Mayor Foxx served as a co-chair of the Charlotte in 2012 Host 

Committee. 

As a Council Member, Foxx chaired the Transportation Committee, where he 

helped shepherd the largest transportation bond package in the city’s history, enabling Charlotte to take advantage of record low interest rates and favorable construction pricing to stretch city dollars beyond initial projections. Foxx also developed a reputation as a voice of regionalism through his work on the MecklenburgUnion Metropolitan Planning Organization. As a member of the Economic Development Committee, Foxx worked with Charlotte business leaders to turn attention to 

urban ‘‘infill’’ development by setting aside business corridor funds that have been 

used to remove blight and build new developments in urban Charlotte. 

Foxx received a law degree from New York University’s School of Law as a RootTilden Scholar, the University’s prestigious public service scholarship, and earned 

a bachelor’s degree in History from Davidson College, where he also was the school’s 

first African-American student body president. He is a member of the Mecklenburg 

County Bar and a graduate of its Leadership Institute. He is also a member of the 

North Carolina Bar and an Aspen Rodel Fellow. 

Foxx has been recognized as one of The Charlotte Business Journal’s ‘‘40 Under 

40’’ and received the North Carolina Bar Association’s Citizen Lawyer Award. 

Prior to joining DesignLine USA, LLC as Deputy General Counsel in 2009, Foxx 

was a litigation attorney at Hunton & Williams. He also served in all three 

branches of the Federal Government, as a law clerk on the United States Sixth Circuit Court of Appeals, a trial attorney for the Civil Rights Division of the United 

States Department of Justice, and staff counsel to the United States House of Representatives Committee on the Judiciary. 

He and his wife, Samara, have two children, Hillary (8) and Zachary (6). 

The CHAIRMAN. Thank you very much, Mayor Foxx. 

I am going to keep my questions very, very few so that everyone 

is able to ask their questions. We have 13 people here, at least on 

the list, which is very unusual. 

This question is about transportation silos—the stovepipe concept which pervades so much of our government. In order to have 

a 21st century transportation system, all of our intermodal work 

must be done together. That means thinking strategically about 

how to invest limited Federal funding. Nevertheless, Federal programs are siloed. They always have been; maybe they will always 

19 

be. Maybe that is just the nature of a bureaucracy, but it is a bad 

nature and one which you can undo. We have to address highways, 

we have to address rail transit issues separately, preventing us 

from developing a comprehensive strategy across the board. 

So my question is, do you think it makes sense to move beyond 

the current formulaic funding programs toward a more multimodal 

strategic model? And, how did multimodal programs like TIGER 

help you address transportation needs in Charlotte? 

Mr. FOXX. Thank you for the question, Mr. Chair. And I will say 

a couple of things on this point. 

I do believe that a multimodal approach is necessary to move our 

country forward. We have a variety of transportation systems in 

this country. All of them are important. But I do think that we 

have to work in a way that helps communities, states, and local 

governments, as well as the Federal Government, move this country forward in a very robust way. 

To accomplish that, I do think there are some models that have 

already been done at the Federal level that have allowed for 

multimodal approaches to transportation. You mentioned TIGER, 

which is one of them. 

In Charlotte, we have had a good experience with TIGER. We 

used it to help us build extensions to our platforms for our light 

rail line. And, interestingly, the reason why we needed to extend 

them was because of the very point that you made about the siloed 

approach. We weren’t able to build the platforms correctly the first 

time, so TIGER helped us get those extended. 

We have also looked across our region at various projects that 

are of regional significance, such as the Yadkin River Bridge, which 

received a portion of its funding from TIGER to help repair one of 

the worst bridges in North Carolina. 

I think that we have to continue thinking in a multimodal fashion. You have my commitment to work on those issues and to try 

to help us reduce some of the siloed thinking and to improve and 

enhance the infrastructure in this country. 

The CHAIRMAN. Let me ask a quick second question. Let’s suppose you were going to be the veterans administrator. Just thank 

God you are not, for your sake. 

[Laughter.] 

The CHAIRMAN. Two hundred and twenty thousand people work 

for them, and they have spent a lifetime, with some very good VA 

directors and some not very good VA directors, trying to figure out 

how you take a bulk of people that large who have a common mission and then get down into that level where people who have been 

there 15 to 30 years—so they don’t make the decisions, but they 

actually do make all the decisions because the piles of paper that 

they say yes or no to are the ones they do. And that mentality is 

killing our government. You can see it in some of the discomforts, 

to say the least, that are coming out these days. 

Roosevelt used to reach down to the midpoint of an agency, and 

he would call people up, infuriating Cabinet members, call people 

up who had been there for 20 or 30 years or whatever and say, 

well, what are you doing, how could you be doing it better, what 

gets in your way, and what do you think is wrong. 

20 

How do you take something like the Department of Transportation, which is already siloed just by nature of all the different 

modes of transportation, and try and get it working together from 

an organizational point of view? 

Mr. FOXX. Well, a couple of things, Mr. Chairman. 

You may be surprised to know that local government can be 

siloed, too. And I can tell you from my experience as mayor that 

I have worked very hard to break down some of those siloes, even 

across governmental lines. In Charlotte, we have a different school 

board, we have a different county commission, and I have done 

more to try to help our schools and to help our county in some situations that have broken down some of those barriers. 

But having said that, to your point, I do think you have some 

successes to draw upon, and TIGER is one of them. 

TIGER has required the department’s teams to work across 

modes to figure out how to invest in the most impactful projects 

across the country. And I think that is an opportunity that we 

could continue to extend into other opportunities. 

I also am aware that we have an opportunity with reauthorizations that are forthcoming to continue this conversation and to look 

at a performance measurement base using data and real, hard information to figure out which projects will be most impactful. 

I will also say one final thing, which is that at the local level and 

the state level many of our governments in states and local governments are already thinking across modes and have plans that actually draw on this very idea that you have mentioned. And we 

should listen to them because they have good ideas for how to extend our transportation network and make us globally competitive. 

The CHAIRMAN. NextGen is just desperately important to me, because without it our airways will be clogged as more planes come 

online, people will get angrier and angrier, and you may have more 

accidents. The FAA doesn’t have the money to build NextGen. If we 

don’t build NextGen, we are not going to have the money to do almost anything; people won’t be able to travel efficiently. 

When you think of NextGen, does it excite you? Is it something 

that you want to see get going? How in heaven’s name do we come 

up with a way to fund it? 

Mr. FOXX. Mr. Chairman, I suspect that NextGen is an area in 

which there is broad support, including mine, by the way, to help 

not only get it built on schedule and built out on schedule but perhaps even to accelerate it. 

I think one of the things that we have an opportunity to do is 

to engage the stakeholders, the folks that stand to benefit the most 

from NextGen, in a conversation about how we actually get there. 

The good new is that we are seeing some of the fruits of NextGen 

already. Pieces of it have been deployed, the Metroplex project in 

Houston, and there are others around the country that are already 

starting to happen. 

I think it is an exciting opportunity to use technology to make 

our airspace safer, to make our airspace more efficient, to save our 

carriers money, and to improve the travel experience for many passengers. 

The CHAIRMAN. Thank you, sir. 

My distinguished colleague, Senator Thune. 

21 

Senator THUNE. Thank you, Mr. Chairman. 

Mayor Foxx, the oversight of the activities of government departments and agencies is a serious responsibility of all members of 

this committee. If confirmed, do you pledge to give thorough and 

timely responses to requests for information and other correspondence to all members of this committee? 

Mr. FOXX. Thank you for the question, Mr. Ranking Member. 

And I will tell you that my goal as transportation secretary, if confirmed, would be to be as open and transparent as possible and to 

do my very best at all times to be responsive to this committee and 

to members of this Congress. 

Senator THUNE. I would like to point out that there are several 

outstanding letters that I sent, along with the House Transportation and Infrastructure Chairman Shuster and with Chairman 

Rockefeller, to the FAA and DOT that remain unanswered. They 

are items that, in my view, need to be fully answered before I can 

support your nomination being reported from the Committee. 

And so I just wanted to make sure that, in terms of the responsiveness of the department to the members of this committee, that 

we would get your response on the record in terms of your intentions in that regard. 

Mr. FOXX. Yes, sir. 

Senator THUNE. Let me ask you, there was the big issue that 

came up here in the last few months in the way that the Department of Transportation and the Federal Aviation Administration 

handled spending reductions as a result of the Budget Control Act. 

The DOT and the FAA had over a year to plan for implementation 

of reductions, but the poor planning resulted in disruptions in FAA 

staffing and delays for passengers across the country. 

The Budget Control Act is the law of the land, and unless a 

grand bargain comes together, I think many of us agree that agency leaders should be prepared to plan for the contingencies of budget caps in the Budget Control Act. 

And so my question is: what experiences have equipped you to 

plan toward delivering safe and efficient air traffic control services 

within the current budgetary realities? 

Mr. FOXX. Well, Mr. Ranking Member, I will say a couple things. 

As a mayor, I serve in a capacity in which we have to balance 

budgets and we have to work within what is there, and I have lots 

of experience in doing that. When I took the oath of office in Charlotte in 2009, our revenues were $200 million less than what they 

had been the year before, and we had to work within that. We 

didn’t raise taxes to get there; we actually had to work within the 

resources. 

And we found some innovative ways to do it. We were able to negotiate a new public safety pay plan. We were able to reduce the 

range of pickups and recycling projects. And we outsourced our recycling, which allowed us to increase recycling 30 percent and save 

$40 million over a 10-year period. So I have experience at working 

within the means to get there. 

On a broader point that you raise, I hope that this Congress— 

and I will be a partner in trying to help get us there—can achieve 

a broader answer to our budget challenges as a country in a balanced way. The President has put some ideas on the table. I know 

22 

there are some ideas around Congress. And I think that is an important conversation that needs to be had. 

If we are left with sequester, it would be my goal to do an effective job of working within the administration and working with 

this Congress to have a no-surprises result, and that is what I will 

be trying to do. 

Senator THUNE. OK. 

Shifting modes here: As secretary, what role do you see yourself 

playing in the reauthorization process when it comes to MAP–21? 

The highway bill expires at the end of the next year. We are going 

to be going through that process again. And I am wondering what 

your thoughts are with respect to that particular process and what 

role you see yourself playing in it. 

Mr. FOXX. Well, I would like to be an active participant in the 

discussions about reauthorization of MAP–21. 

Of course, we are about 7 months into the bill as it is. And it 

is a 2-year bill that achieves many things that I think are important, such as looking at performance measures. There are more 

than 60 rulemaking provisions that are contained in the bill. 

But, clearly, we need a longer-term surface transportation bill. 

We need a longer-term answer to the sustainability of our funding 

sources. And those are questions that I want to be an active advocate, both within the administration and with Congress. 

Senator THUNE. With regard to this issue, there always seem to 

be more projects than there is funding, and I am curious, as mayor, 

how you have gone about setting priorities when it comes to determining which projects get funded and which don’t. 

Mr. FOXX. Well, you know, Charlotte has had a long history of 

working very carefully with state and Federal partners to get 

projects done. And in a city, there are some situations in which 

there is a state road and you need state help to be able to get that 

road completed or expanded. And we have had great success making the case for that, using regional partnerships not only within 

the city but in some of the rural areas around the city. 

Within the City of Charlotte, in terms of our budgeting, we have 

had to make some very tough choices. We have, over the past couple of years, been talking about a significant capital program, but 

that program is about a fifth of the size of the needs of projects 

that we have within the city. 

So we are working very hard, we are always working to make 

our priorities. But here is how I would look at it from a transportation perspective: Number one, which priorities are going to be the 

most helpful in helping us ease some of our mobility challenges, 

connecting people to jobs and to the global marketplace and leverage what is there? In Charlotte, we try to leverage housing and 

other commercial developments that are near our transportation 

systems. 

There are some other considerations that may exist in places 

that aren’t as urban as Charlotte, and we want to be very sensitive 

to that, and I certainly would be as transportation secretary. 

Senator THUNE. One final question. You have a 53,000-employee 

staff, workforce. The American people, a lot of people depend upon 

you, look to you, and need to be able to build trust. We have had 

23 

some recent examples of government agencies where that trust has 

broken down. 

Give me just a little bit of your thoughts about how you would 

build that kind of trust and credibility, not only with the people 

that would be under you but also with the American people who 

will be looking to you for leadership. 

Mr. FOXX. Well, I think one of the most important things is to 

be present. One of the things that I have learned as mayor is that 

you can’t stay in the bubble of your office. You have to go out and 

you have to see what is happening on the ground, and you have 

to talk to people, both within the department and out in communities where projects are happening. That is how you learn, that 

is how you build the connection, that is how you build the trust. 

And with each member of this committee, I have had some wonderful interactions with all of you. And I happen to feel that there 

is real agreement on this committee that infrastructure is an important goal for this country. And I look forward to working with 

you to advance the interests of infrastructure. 

Senator THUNE. OK. 

My time has expired. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Thune. 

For my colleagues, it now says there are no votes before 4:35, so 

we can relax a little bit. 

Senator Blumenthal? 

STATEMENT OF HON. RICHARD BLUMENTHAL, 

U.S. SENATOR FROM CONNECTICUT 

Senator BLUMENTHAL. Thank you, Mr. Chairman. 

And congratulations, Mayor Foxx. And my thanks to you and to 

your family for your willingness to serve and your service in the 

past. 

As you know, my state has just been through a major transportation crisis, an incident that certainly speaks to the need for investment, not only in rail but in all forms of transportation, but 

most especially rail, because I think that this incident, an accident 

that could have cost even more lives, caused more injuries, and 

done even greater damage, fortunately was less severe than it 

might have been. And that fact is due to the investment that was 

made in the most advanced, at least to date, the more advanced 

type of railroad cars, the M8 railcars, on the Metro-North line, 

which most likely prevented more injuries and limited the severity 

of the ones that occurred. Fortunately, there have been no fatalities. 

The lack of investment in our rail lines, in our tracks and other 

equipment, has left them without important quality and safety upgrades. So I would like a commitment from you that you will 

prioritize investments in infrastructure and safety measures for all 

of our railroad lines but most especially in the Northeast Corridor. 

Mr. FOXX. Well, thank you, Senator. And let me say that the 

tragic collision in Bridgeport is one that all of us as a country feel, 

and it speaks to the issue of maintaining a good state of repair 

with our existing infrastructure. 

And you have my commitment to keep safety as the number one 

priority, whether it is rail or any other mode of transportation. And 

24 

as we look to reauthorization of rail legislation going forward, I 

look forward to working with you to make sure that is a priority, 

specifically in the Northeast. 

Senator BLUMENTHAL. And I think what that collision or accident 

shows is that our rail lines are deteriorated and outdated and decrepit in many sections of that Northeast Corridor. Would you 

agree with me? 

Mr. FOXX. Well, I think we have some general challenges with 

state of good repair, and I think rail is one of them. And I know 

of some tracks that are probably 100 years old that haven’t been 

repaired adequately in the past, so yes. 

Senator BLUMENTHAL. In my view, this incident really can be a 

teaching moment. And I hope that you will be one of the teachers. 

I hope that you will take your message as a very articulate and 

powerful spokesperson on the road. 

And I want to make you an offer that maybe you can refuse but 

I hope not: that you make one of your first trips to visit us in Connecticut, specifically in Bridgeport, and come with me to the site 

of that collision. 

Mr. FOXX. Well, I would look forward to it. 

Senator BLUMENTHAL. Let me be more specific. You have made 

the offer, and I am grateful for it, that you will work with me, but 

I would ask you to work with our entire delegation in developing 

a consensus around the Northeast Corridor rail financing plan. And 

that really relates not only to Connecticut but really to the collection of states that depend on this vital artery—it is an artery—that 

right now is back in operation but for a time, because of that 

Bridgeport accident, was essentially choked and strangled in the 

ability to move people and freight and other essentials along that 

Northeast Corridor. 

And I am hoping that you will work with our delegation and with 

representatives and senators from throughout our region. 

Mr. FOXX. I will. 

Senator BLUMENTHAL. Let me also ask about perhaps some of 

the advances in technology and science that have to do with rail 

transport that perhaps we can help to implement. Are you aware 

of advances in the technology that would prevent such accidents? 

Mr. FOXX. Well, let me say this, that I am aware that the Federal Rail Administration has inspectors on the ground in Bridgeport today. The National Transportation Safety Board will conduct 

an investigation into the cause of the collision. And so, as that 

process moves forward, we need to react to the problems that are 

identified. 

So I don’t want to presuppose to know the exact answer to exactly what caused it. I think the investigation will reveal that. But 

it will also reveal that we have some critical infrastructure needs 

in the country. 

Senator BLUMENTHAL. And I agree with you that we should not 

be prejudging the results of that investigation. The National Transportation Safety Board, I will say very commendably, was on the 

scene literally within hours. An investigator was there that night. 

And I met with Earl Weener, the board member who was assigned 

to this responsibility, along with a very able team, that very next 

morning. 

25 

So we don’t want to prejudge what the results will show, but I 

hope—here is my main point about the investigation—that it will 

be done more quickly than perhaps the projections are right now. 

They are talking about a year before results and recommendations 

are available. 

I think that it ought to be expedited. I hope that you will do 

whatever you can—I know it is an independent board—to assure 

that we know what the results are. Because, right now, we are focusing on the track. We know of the fracture; we are not sure 

whether it was the cause or the result. But anything you can do 

to expedite it will be appreciated. 

Mr. FOXX. You have my commitment to do all within my power 

to get a quick investigation done. 

Senator BLUMENTHAL. Thank you. 

And in the less than a minute that I have left, I would like to 

ask for your continuing support for our air controllers and air control towers, the contract control towers, which we and the Congress 

have said are vital to air safety, economic development, and jobs 

in those areas served by the airport. And Secretary LaHood has reaffirmed his commitment; I hope that you will, as well. 

Mr. FOXX. I am committed to them. I want to thank you for your 

help with some of the legislation that was passed recently to avoid 

further conversation about closures, at least for the time being. 

And I look forward to working with you on those issues going forward. 

Senator BLUMENTHAL. Thank you, Mayor. And thank you very 

much for your commitment to public service. And, again, thank you 

to your wife and your children, as well. 

Mr. FOXX. Thank you. 

The CHAIRMAN. Thank you, Senator Blumenthal. 

I am unendingly embarrassed here because, according to order of 

arrival, Senator Klobuchar and Senator Cowan are the next two. 

And I expect to have a revolt on the Republican side, people walking out on me, throwing things out me. 

[Laughter.] 

Senator COWAN. I concur, sir. 

[Laughter.] 

The CHAIRMAN. Senator Klobuchar? 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

Thank you, Mayor, for being here. And welcome to your wife, as 

well. This is probably one of the most pleasant hearings on the Hill 

today, and you have—— 

[Laughter.] 

Senator KLOBUCHAR.—you have clearly done your homework, so 

thank you for your good work. 

I enjoyed our meeting. And after you visit Connecticut, I hope 

you also come to Minnesota and see our 10,000 lakes and our beautiful new Twins stadium. I can’t promise the Twins will win, but 

we would love to have you there. 

And I think you would also see the Central Corridor, our light 

rail system, near up and running, as well as a number of highways 

26 

that need a lot of work. I was just visiting just this past week with 

people near Rogers, Minnesota, where Highway 94 is a bottleneck 

in a certain area; U.S. Highway 10 in Anoka, Minnesota, which is 

adjacent to nine towns and is considered one of the fastest-growing 

corridors in the U.S. 

And, clearly, the funding issues on the Federal side. While Senator Boxer and Senator Inhofe did an amazing job getting that bill 

done, and Senator Rockefeller and this committee had a lot to do 

with that as well, there is more to be done. 

And last Congress, I introduced the Rebuild America Jobs Act, 

which would have provided $50 billion for direct infrastructure investments. Some of the work that Senator Blumenthal talked about 

could have been paid for; some of the work that we saw needed to 

be done after that bridge collapsed in the middle of the Mississippi 

River just six blocks from my house on a beautiful summer day. 

And as I said that day, when that eight-lane highway headed into 

that river, a bridge just shouldn’t fall down in the middle of America, but it did. 

This money is similar to what the president has put forth in his 

Fix It First proposal in his recent budget. A similar proposal was 

included in the recently passed Senate budget. 

How would you partner with Congress to help move forward on 

some of these ideas? What do you think of this idea of a public-private infrastructure bank? What do you suggest we do to get the 

kind of funding that we need to really get goods to market and 

make this country strong again for infrastructure? 

Mr. FOXX. Well, thank you for the question, Senator. 

And, you know, when a bridge collapses in America, and the 

types of pain that is experienced by communities when something 

like that happens, it is inexcusable. And yet we do have challenges 

figuring out a long-term path to funding our infrastructure. 

And for that reason, we should be looking both in the box and 

out of the box at ways to help us get that infrastructure built. And 

I happen to think that the idea of an infrastructure bank is a good 

idea. It is not a complete solution to every problem we have, but 

it is another way that we can get progress made on our infrastructure, both repair and new projects. 

Senator KLOBUCHAR. Very good. 

During his tenure, Secretary LaHood made ending distracted 

driving a priority. And I think some strides have been made, but, 

as you know, it is still a major problem when you look at the statistics. I think it just came out recently as the major cause of driving 

deaths with teens. 

And do you intend to keep this a focus of the Department’s work? 

Mr. FOXX. Let me say that one of Secretary LaHood’s legacies 

will be the real push on distracted driving. And I think he has 

baked that into the DNA of the Department of Transportation. And 

I don’t think you have anything to worry about in terms of that 

issue continuing to be one that will be a focus. 

I am aware that 10 percent of our roadway fatalities are tied to 

distracted driving, and if we can eliminate that 10 percent, we save 

lives. 

Senator KLOBUCHAR. Exactly. 

27 

Well, now that you have your new job, you are going to be dealing with things like snowmobiles, something you might not have in 

North Carolina. 

[Laughter.] 

Senator KLOBUCHAR. And I worked hard with several of my colleagues to ensure that the Recreational Trails Program was maintained in MAP–21. This program is very important in my state as 

well as other northern states. RTP funds off-highway vehicle, snowmobile, and nonmotorized trail uses and derives its funding from 

gas taxes paid by off-highway vehicle users when they fill up their 

machines. 

If confirmed, will you work to ensure that this valuable program 

continues to meet the needs of all trail users in Minnesota and 

across the nation? 

Mr. FOXX. I would look forward to working with you on those 

issues, for sure. 

Senator KLOBUCHAR. OK. Well, we will talk more about it. 

Mr. FOXX. You got it. 

Senator KLOBUCHAR. Maybe we will get you out on a snowmobile. 

One of the few industries to enjoy an exemption from antitrust 

laws is the freight railroad industry. I know that Chairman Rockefeller has been working on the Surface Transportation Board reforms to address this issue. I support the work that he has been 

doing. 

The other way to do this is to simply get rid of the exemption. 

This actually came through the Judiciary Committee on a bipartisan vote. 

Are you aware of the shipper concerns about the high prices that 

many shippers are paying—we call them captive shippers—at the 

very end of a line, particularly in rural areas? 

Mr. FOXX. I am aware of the issue. It is one that I would like 

to drill down a little bit more and study a little more and hear from 

some of the stakeholders. But I am definitely aware of the issue 

and look forward to working with you and the Chairman on that. 

Senator KLOBUCHAR. Just remember the numbers 63 and 4. We 

used to have 63 rail carriers; we now have only 4 major rail carriers, which happens to be the exact number on the Monopoly 

board. 

[Laughter.] 

Senator KLOBUCHAR. So we think that there needs to be some 

work done here. 

We need to continue to work to improve general aviation safety 

in this country. One of the most promising initiatives involved rewriting regulations for smaller airplanes. It is called Part 23. It 

will enable better safety technologies to be fielded to address issues 

like loss of control, which is the number one case of general aviation accidents. 

I am introducing a bill with Senator Murkowski of Alaska to 

push this effort forward at the Federal Aviation Administration. 

And I hope you will look into this bill, and we would love to have 

your support for this work. 

Mr. FOXX. I will look forward to looking into it. 

Senator KLOBUCHAR. Well, very good. 

28 

Again, I just want to thank you. We have some other questions 

I will put on the record on air traffic controllers and towers, such 

an issue for so many of us, to make sure that they are maintained. 

And also I truly think it is great to have a mayor in this role. 

I know if Senator Begich was here, he would welcome it. I think 

mayors have a sense of knowing on the front line what is going on, 

and we need that in a transportation secretary. 

I was sitting here remembering the former mayor of Minneapolis, 

who is quite old now, but he once told me the story that he got a 

call on a Sunday from a constituent who said that the trash was 

not picked up in his neighborhood. And the Mayor said, ‘‘You know 

what, look, buddy, I will give you the number of our public works 

person; you can call him directly today on a Sunday.’’ And the constituent paused and he said, ‘‘I know who that guy is, but I don’t 

want to bother him on a Sunday.’’ 

[Laughter.] 

Senator KLOBUCHAR. And so I think that you will be—as we 

talked, many of us believe Secretary LaHood did an amazing job 

in working with Members of Congress and local communities and 

mayors, understood that frontline ability to accomplish even more 

if you understand what people need in their areas and understand 

Senator Blumenthal’s concerns about Connecticut. And I hope that 

you will bring that forward from your work as a mayor and never 

let that go. 

Mr. FOXX. Thank you. 

Senator KLOBUCHAR. Thank you. 

The CHAIRMAN. Thank you, Senator Klobuchar. 

We have achieved here a Mikhail Gorbachev moment of historic 

proportions. For the first time in my memory, we are breaking the 

order-of-arrival sanctity, and Senator Cowan has, with utmost graciousness, yielded his place to Senator Scott. 

Senator COWAN. From one member of the senatorial black caucus 

to the other. 

[Laughter.] 

STATEMENT OF HON. TIM SCOTT, 

U.S. SENATOR FROM SOUTH CAROLINA 

Senator SCOTT. Senator Cowan, I thought it was perhaps because 

Mr. Rockefeller thought I was Senator Cowan. 

[Laughter.] 

Senator SCOTT. Thank you very much, Senator. I am glad that 

you know the difference, at least. This is good. 

[Laughter.] 

Senator COWAN. Yes. In the spirit of getting the last word on 

this, I am glad we are both here together so we can put truth to 

the rumor that there is only one of us. 

Senator SCOTT. Absolutely, yes, sir. 

[Laughter.] 

Senator SCOTT. Let’s talk on June 26. 

[Laughter.] 

Senator SCOTT. This probably is perhaps the most amazing confirmation process I have seen so far in my short term in the Senate. I will tell you that so often I hear pointed questions with pointed responses and a lot of deliberation about nothing. Today I have 

29 

heard very kind comments and perhaps still a lot of deliberation 

so far about nothing. So let’s get to a couple very important issues. 

Mr. Foxx, Mayor Foxx, it is good to have you with us. It is very 

good that you took the time to meet with me a couple days ago. 

And, certainly, as a mayor of a city, I certainly have an affinity for 

folks who have served locally, having served myself. I know that 

you probably recognize that most of us who have served in local 

government have had an opportunity to serve on the aviation authority, local highway transportation commissions, as well as transit organizations. So your footprint and your involvement in local 

transportation needs is impressive. 

A couple questions that come to the national level, to the Federal 

surface, would be one that has to do with the process that some 

states are going through, North Carolina perhaps being one of the 

leading states, as it relates to tolling interstates. 

I will tell you that, from my perspective, tolling I–95 would be 

a disaster for a couple reasons. Number one, I think it would transfer parts of the transportation routes to secondary roads that may 

not be as safe. And, second, I think, because they are not as safe, 

it will actually raise concerns as it relates to transportation on 

those secondary roads. 

So my question to you really is, what is your position on the plan 

North Carolina has as it relates to tolling I–95, and what would 

be your approach as the secretary of transportation going forward? 

Mr. FOXX. Well, thank you for the question, Senator. 

Tolling, in my work as mayor, it has a place, but it is sort of like 

when we were talking a little earlier about an infrastructure bank; 

we are not going to toll our way to prosperity as a country. It is 

a tool that can be used in some instances, for example, to add capacity and to pay for that capacity privately. But I don’t think it 

is a complete solution to how we deal with our surface transportation issues. 

Senator SCOTT. I would say that, as your neighbor to the south, 

the tolling impact would be harmful from our perspective. So we 

hope that you take a serious look at the entire corridor as it relates 

to the tolling process. 

The second question comes really from the area of the TIGER 

grants. TIGER grants have been celebrated as a success, providing 

much-needed resources to the local level. I will tell you that there 

seems to be, according to GAO and the DOT inspector general, they 

have both raised some concerns as to how the awards are made. 

How do you plan to ensure that these grant projects will be selected on a transparent, merit-based system? 

Mr. FOXX. Thank you for the question, Senator. 

And, first of all, I am hopeful that we have some funds down the 

road to do future TIGER grant opportunities. But having said that, 

you have my commitment to be fair and transparent about how the 

department would work on those issues. 

TIGER is a challenging thing to evaluate, and I would like to 

take some time to look at the GAO study and maybe have some 

more conversation with you about it. 

Senator SCOTT. That would be great. 

Mr. FOXX. But when you are, as the Chair mentioned, looking 

across modes and trying to get the highest impact out of the varVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00033 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\85820.TXT JACKIE
30 

ious projects you could do, there is bound to be some controversy 

about which projects were more meritorious than other ones. 

Having said that, I think TIGER has done a great service to our 

country by rewarding innovation and helping local communities 

and states really prioritize and try to figure out which projects will 

be the most impactful catalysts. 

Senator SCOTT. I would tell you that a project-specific, meritbased system would be welcomed versus what sometimes appears 

to be a district-specific, red districts versus blue districts, funding 

formula that seems to be en vogue at times. 

My final question—and I will try to do something that seems to 

perhaps be celebrated by my colleague from the North, is to reserve 

and give back the balance of my time, which I want you to pay attention to that, as we have 7 minutes instead of 5. 

I would say that I would echo the comments that you have heard 

about towers. The importance of them cannot be overstated. It is 

a major part of the economic engine of our nation. We should protect it. I think we have done a good job in the last several weeks 

in making sure that happened. I would just encourage you to continue. 

My final question is on this notion of aviation user fees. The idea 

pops up and down very often. It seems to be back. The administration had it in their budget. Congress has rejected it repeatedly. 

I would hope that you would find it within your approach to 

being the secretary of transportation where you would find alternative solutions as opposed to having a user fee, which would of 

course be cumbersome and challenging in the aviation footprint. 

Mr. FOXX. Thank you. I will say that my approach to this role 

would be the very same approach that I have as mayor, which is 

I want to hear from all stakeholders on various questions that involve industry. And that doesn’t always mean agreement, but what 

it means is that I want to get to a point where I can say the talking points for people on a variety of positions. And that is what I 

would endeavor to do in my role. 

Senator SCOTT. I will yield my 68 seconds to the senator from 

Massachusetts. 

The CHAIRMAN. Who will generously accept it. 

Senator Cowan? 

STATEMENT OF HON. WILLIAM COWAN, 

U.S. SENATOR FROM MASSACHUSETTS 

Senator COWAN. Thank you, Mr. Chair and Ranking Member 

Thune, my friend from South Carolina. 

Mr. Mayor, greetings and congratulations. Good to see you again. 

Mr. FOXX. Thank you. 

Senator COWAN. Congratulations to you and your family, your 

lovely wife, Samara, and your beautiful children. And welcome to 

Washington, D.C. 

If confirmed, I am confident you will be—as I hope you will be, 

and I am sure you will be—you will serve this country well as the 

head of DOT. 

It is clear from our conversation not just the other day but conversations you and I have had in your capacity as Mayor of the 

Queen City of North Carolina and mine as Chief of Staff of the 

31 

great Commonwealth of Massachusetts that you truly understand 

the importance of transportation, not just the means from getting 

from here to there, but as a method of opening up economic opportunity, creating jobs, and fostering healthier communities. 

And I hope that we continue to have a rich conversation today 

about projects that are critical to Massachusetts that you know are 

near and dear to my heart. 

One of those, of course, is the South Coast Rail project. I know 

Governor Patrick has spoken with you about this previously; you 

and I talked about it last week. This is a project that I think is 

a great example of the transformative power of transportation, rail 

in particular, which would open up the entire south coast region of 

Massachusetts to opportunity untold. 

We have been working for years to try to bring this to fruition, 

and I thank Secretary LaHood for his efforts on that behalf. That 

said, you know, we are still not where we need to be, and we have 

been working with the Army Corps of Engineers to try to move 

things along. We are waiting for some environmental studies. 

And so my first question to you is, when you come up north to 

visit Senator Blumenthal and the folks in Connecticut, I trust you 

will stop in Massachusetts, come see where we are on the South 

Coast Rail project. 

And I hope I can get your commitment that you will continue to 

look at this project for what it is, a great opportunity not just for 

Massachusetts but the whole northeast region and the Nation to 

spur economic activity, and that you will work with us and the 

Army Corps of Engineers to move this project along, a project that 

is long delayed. 

Mr. FOXX. I look forward to, if confirmed, visiting you and learning more about the project and trying to do what we can to help. 

Senator COWAN. Good. You come anytime; I would be happy to 

drive you down there myself and see all the prosperity that is just 

waiting to unleash. 

In addition, we have been working on the expansion of the 

MBTA Green Line project. You and I discussed this last week. It 

has been a source of contention. This is a project that former Governor Mitt Romney signed into law as a condition of the so-called 

‘‘Big Dig’’ project, and we are looking to complete the work on his 

pledge. And we have had some starts and fits with Transportation, 

who wanted to see more of an effort on the state side. And as I 

mentioned to you last week, that effort is in place and the results 

are there, and we are ready to move forward. 

Again, I am hoping I can count on you. When you come to visit, 

you will sit with our state transportation officials and the local officials in Somerville, Medford, and the surrounding towns to talk 

about the economic opportunity that, again, is waiting for this rail 

line to bring forth. 

Mr. FOXX. Yes, sir. I can tell you from my experience in Charlotte, and the senators mentioned this in their introduction, that 

transportation investments have a variety of benefits, and sometimes mobility is the thing that is the most important; sometimes 

it is mobility and economic development. 

And we have seen this type of progress in Charlotte with the 

light rail line, which was $462 million of public money split beVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00035 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\85820.TXT JACKIE
32 

tween the Federal, state, and local governments. It is now generating $1.4 billion of private investment. 

So I am very familiar with how infrastructure projects can be 

catalysts for other things. And those things are usually good for 

jobs and economic development. 

Senator COWAN. And the last Massachusetts-specific project, because I am sure some of my colleagues are growing weary of me 

talking about Massachusetts projects, but the Worcester Airport. 

Secretary LaHood has been very cooperative and a great partner 

with us in opening up that modal for expanded growth in the second-largest city in Massachusetts, which is in the center of the 

state. 

And I am pleased to say that, while I was saddened to see Lieutenant Governor Tim Murray today announce that he was stepping 

down, I am pleased that he is going to run the Worcester Chamber 

of Commerce. And I know you know him as a former mayor. And 

he is going to bring great energy to that job. 

Worcester is important to Massachusetts, as is that airport. I am 

hoping that you will take the time to see how, again, that airport, 

that venue is going to open up the region and you will continue the 

support that Secretary LaHood has been providing in recent years. 

Mr. FOXX. I will look forward to going up and checking it out. 

Senator COWAN. And I will go with you. 

[Laughter.] 

Mr. FOXX. OK. Thank you. 

Senator COWAN. Last but not least, Mr. Mayor, I would love to 

hear you talk a little more—Senator Klobuchar talked about the infrastructure bank. And you mentioned, I believe, in your response 

that you see value in the infrastructure bank. It is perhaps, I think 

to paraphrase you, it may not be the only answer. 

Could you expound on that a little bit and perhaps any other 

thoughts you may have about how we take advantage of what little 

resources we have right now or what new resources are needed to 

really grow our infrastructure and deal with some of the state-ofrepair issues that you and I know are holding us back, so that we 

can make sure our roads and bridges are safe and productive for 

our economic needs? 

Mr. FOXX. Well, thank you for the question, Senator. 

We are seeing, even in this situation in which many local and 

state governments are stretched, some real creative strategies that 

are happening at the local and state level. And the idea of an infrastructure bank picks up on a lot of the conversation that state and 

local leaders are having. 

What an infrastructure bank allows us to do is to capture some 

of the trillions of dollars in the private markets that are sitting on 

the sidelines, not being reinvested in this country, and creating a 

pathway for those dollars to be put to work to build America. 

The administration, and through the legislative efforts of this 

committee and others, have built tools that are in use already, like 

TIFIA, private activity bonds, Build America Bonds. 

What I would bring to the Department is not just, you know, advocating for those specific tools, but I will keep looking at my partners in state and local governments who are coming up with some 

great, creative ideas and working to mine those ideas and bring 

33 

them to the Federal level or provide the type of assistance at the 

Federal level that can help those ideas continue to move forward. 

Senator COWAN. Thank you, Mr. Mayor. I see my time has expired. I just want to say, from one native North Carolinian to another, I wish you well. 

Mr. FOXX. Thank you very much, Senator. 

The CHAIRMAN. Thank you, Senator Cowan. 

Now Senator Fischer, to be followed by Senator Cantwell, to be 

followed by Senator Cruz. 

STATEMENT OF HON. DEB FISCHER, 

U.S. SENATOR FROM NEBRASKA 

Senator FISCHER. Thank you, Mr. Chairman. I appreciate it. 

Mayor Foxx, it is so nice to see you again, and I—— 

Mr. FOXX. Nice to see you. 

Senator FISCHER—welcome you to the Committee and appreciate 

you taking the time to be here to answer our questions. 

Mr. FOXX. Thank you. 

Senator FISCHER. As we discussed in our meeting, I previously 

served as Chair of the Transportation and Telecommunications 

Committee in the Nebraska legislature, and so I have a huge interest in infrastructure issues. I believe infrastructure is a core responsibility, a core priority for government, and at the Federal 

level I believe it is only second to our national security. 

Without efficient, secure, and reliable infrastructure, our country 

will falter. Whether it is roads, bridges, ports, airports, infrastructure is the backbone of our economy and helps to maintain strong 

communities all across this country. 

And the Federal Government plays an important role. It plays an 

important role in the funding and the managing of our national infrastructure system. However, this must be in a responsible manner that is worthy of those hard-earned taxpayer dollars. 

As you know, the Department is huge. It has a huge budget. And 

I believe we have to find ways to streamline that department. We 

need to find efficiencies. We need to figure out how we are going 

to stretch the revenue that we have available so that we can meet 

the needs all across this country. 

As we talked about looking for those efficiencies when you were 

in my office, I asked you if you had any examples. I am wondering 

at this time if you have had the opportunity to visit with some people in the department in order to maybe tell me some examples 

where you might look for efficiencies within that huge department. 

Mr. FOXX. Well, let me try to break the question down because 

I think there are several components to it that are relevant and responsive. 

The first place is, there are enormous amounts of dollars that 

flow into project-specific infrastructure. And I think we have opportunities to look at how we can streamline the delivery process for 

projects, which could help us achieve savings and help our stakeholders achieve savings at the state and local levels. 

So, from that standpoint, there is actually through MAP–21 some 

progress in helping us move toward performance measurement, 

using data and other tools to help us achieve some of those objectives. Of course, that is not across all modes, but it is a start. 

34 

There is also the possibility of savings that are created to external stakeholders. And I would say NextGen is a good example of 

that. NextGen gives us an opportunity to save our air carriers millions of dollars in fuel by developing more precise air routes and 

preventing this, I think it is, like, 7 million gallons of fuel that will 

be saved potentially by 2020 as a result of it. 

Well, if we are able to obtain those types of savings, that gets 

to the bottom line for the carriers and, ultimately, we hope, to the 

passengers who are using those carriers. So I think that technology 

gives us the ability to create more efficient systems that end up 

having a good bottom-line effect. 

The third component of your question I think gets to operational 

savings. And there, I think there is still the potential for technology to play a role there. I am not in the department today. I 

would like to, if confirmed, get there before I start having a whole 

lot of conversation about what kind of operational savings might be 

achieved. But it is something that I definitely have my eye on because, in this environment, dollars that we save can be repurposed 

and pushed into other projects. 

Senator FISCHER. Nebraska is a state of distances, and we understand the importance of our highway system in order to promote 

commerce, in order to promote the safety of citizens all across our 

state, in order to connect us all. And we are concerned, as other 

states are across this country, about lack of sufficient revenue to 

not just maintain our roads and maintain our bridges so that they 

are in safe condition and can handle added capacity as needed but 

we need to build. We need to build. 

The Federal Government has a role in that. They did years ago 

with the interstate system. You know, it connected us as a country. 

It provided for growth of our economy. Where do you see us headed? Where do you see us headed? Where is this secure, certain, stable source of revenue going to come from? 

You know, we can talk about an infrastructure bank, but that is 

not going to work either unless we have a dedicated source of revenue going into it. So where do you see that coming from? 

Mr. FOXX. Well, thank you, Senator, for the question. And I think 

the answer, perhaps disappointingly, is more art than science. 

The truth of the matter is that we can devise a strategy through 

authorizations that achieves the objectives we may have as a country across a variety of modes. Then you find yourself with the 

arithmetic problem of how do you get there, which is the question 

you are asking. 

I think that, in talking to members of this committee across the 

political spectrum, there seems to be broad agreement that we need 

to figure that question out. And I know that the president has put 

ideas on the table as recently as his Fiscal Year 2014 budget to 

help us achieve longer-term authorizations and funded authorizations in the future. 

I actually think that if there is agreement that we need to make 

the trip to figure this out, that that is the starting point for walking back into the tactical questions of methods and means. And I 

don’t want to prejudge the result, but what I will tell you is one 

of my goals would be to pull together a wide variety of stakeholders, both within government and outside of government, to 

35 

squarely discuss how we can build a consensus to get there and to 

work with you and others to try to help us move forward. 

Senator FISCHER. Thank you. And thank you for your openness 

and willingness to work together on these very, very important 

issues that are before us. And I look forward to working with you 

in the future. 

Thank you. 

Mr. FOXX. Thank you, Senator. 

The CHAIRMAN. Thank you, Senator. 

The order now, by the re-arrival of the distinguished Senator 

from Missouri, will be Senator Blunt and then Senator Cantwell, 

then Senator Cruz. 

STATEMENT OF HON. ROY BLUNT, 

U.S. SENATOR FROM MISSOURI 

Senator BLUNT. Thank you, Chairman. 

And thank you, Mayor Foxx, for being here and stepping up and 

being willing to take this responsibility. 

I don’t want to repeat a lot of things that you have already been 

asked and probably answered for the few minutes I was gone. I 

may have some questions for the record. I do have a couple based 

on our conversation the other day. 

I think the Chairman mentioned NextGen, pilot training. You 

know, I think a third of the air traffic controllers right now are eligible to retire, and a significant number of them are about to get 

to the mandatory retirement time. So there has just been this 

training proposal of a training facility that has been out there and 

almost got awarded a few years ago. 

I know when we talked about this your understanding of it was 

pretty strong. And my view would be that I hope we can continue 

to pursue how we get that training into a system that works better 

than the moving-around training that is going now. 

Have you had a chance to think about that any more since we 

talked? 

Mr. FOXX. Well, Senator, I know—— 

Senator BLUNT. This was the FAA training center. 

Mr. FOXX. Yes, sir. And thank you for the question. And I actually know that there is a new process that has been initiated to review that question. It is ongoing. And, if confirmed, I will look forward to working with you on that. 

Senator BLUNT. OK. You know we have to have trained people 

doing this job. 

And, you know, the other thing that I think we all need to collectively work on is figuring out a strategy of how to prioritize furloughs and other things. And you are starting at a time when it 

is pretty obvious what happens when we are not all open with each 

other about that. And, you know, we had the FAA administrator 

in just 48 hours before they announced a lot of air traffic controller 

furloughs, and I think he was asked, I guess not quite directly 

enough, but pretty directly in a way that should have gotten more 

information than we got. And so there are lessons to learn there. 

Positive train control, have you talked about that? 

You know, a lot of the things I think we want to send to your— 

almost unfair to—they are technical enough in nature. But this is 

36 

something the Chairman has felt strongly about. I just think we 

need to be sure that, when it comes time to do it, we are really 

ready to do it. And I think we are going to have to look at that 

and be sure that is implemented in the right way. 

And then have you had a chance to talk yet today about your 

views generally on the next highway bill? Would you? 

Mr. FOXX. Well, sir—— 

Senator BLUNT. Do you want to talk a little about—or the next 

transportation bill. 

Mr. FOXX. Yes. 

Senator BLUNT. I mean, that is one of the things we were able 

to get done in the last 2 years, but we only got it done for 2 years, 

so that is coming up pretty quickly. 

I believe the normal request for reauthorization that would have 

come from the Secretary of Transportation did not come because 

Mr. LaHood is leaving. And so it is something he didn’t have to do 

but something I would think you would quickly want to get into 

that discussion and—— 

Mr. FOXX. Yes, I would. It is a vitally important issue for this 

country. Surface transportation is how many of our people all 

across this country are able to get to work and get to pick up their 

kids from school and a variety of other uses. 

I think, as we have talked about already today, that one of the 

biggest questions is, how do we fund that reauthorization? And I 

would look forward to engaging on that question, both with colleagues within the administration as well as with Congress. 

Senator BLUNT. Well, as we change vehicles, the kinds of vehicles, the mix of vehicles on the road, and as we try to make vehicles more efficient, get more miles out of the gallon of the vehicles 

that are paying the per-gallon tax, obviously you are working away 

from your funding stream every time you put more vehicles on the 

road longer that use less fuel, which obviously we would want to 

do that, but it doesn’t make the formula work like it did. 

And I would just say, as—today one of my colleagues said, ‘‘Well, 

why is everybody here? This is a pretty noncontroversial nomination.’’ And I believe it is going to turn out to be a noncontroversial 

nomination. But my response is: Because everybody we work for is 

totally dependent on everything he is going to be responsible for. 

And the relationship that we have with you and you have with us 

is important. And I am glad you are stepping up to do this job. 

Mr. FOXX. Well, Senator, thank you. I enjoyed our conversation 

and, if confirmed, look forward to working with you. 

Senator BLUNT. Thank you, Chairman. 

The CHAIRMAN. Thank you, Senator. 

Senator Cantwell? 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

And welcome, Mayor Foxx, and to your family. And congratulations on your nomination. 

Mr. FOXX. Thank you. 

Senator CANTWELL. I am very excited that U.S. DOT is working 

right now on the first national multimodal freight strategic plan. 

37 

You and I had a chance to talk about this, but I want to hear your 

thoughts or public commitment to whether you will continue the 

work that Secretary LaHood started in implementing a national 

freight policy. 

Mr. FOXX. Senator, I am very excited about this initiative, and 

I want to thank you for your leadership on it. Freight is a critical 

player in our economy and can be an even greater force in our ability to reach out into global markets and to move goods quickly 

within our borders. 

I am aware that there is activity associated with populating the 

National Freight Council and that the national freight strategic 

plan is going to be the product of a lot of stakeholders coming together. And I really am excited about the possibility of working 

with you and others on that project. 

Senator CANTWELL. One of the issues related to that is obviously 

the level of congestion that affects our ports or affects our roadways in moving U.S. products to their destination. Some estimates 

are that it costs U.S. business more than $200 billion a year. 

So do you believe that there is a need to establish a dedicated 

source of funding for nationally and regionally significant freight 

mobility projects? 

Mr. FOXX. I think it is something that should be looked at and 

I am sure would be looked at by the Freight Council. And as the 

process moves forward, I look forward to working with the council 

to help implement the ideas that come out of it. 

Senator CANTWELL. Thank you. 

A very Washington-state-centric issue: Our ferry systems carry 

annually more than double the amount of people compared to the 

Amtrak Northeast Corridor. Our ferries are like many of the national transportation systems; they face congestion or problems. 

But oftentimes the funding falls between the cracks. 

And so I want to make sure that I have your assurances that the 

ferry system and its funding from the Department of Transportation will receive the support that they deserve as part of our National Highway System. 

Mr. FOXX. I will absolutely work to advocate for critical transportation systems. And, obviously, in Washington state, the ferry system is one of those. 

Senator CANTWELL. Thank you. 

One of the priorities that Chairman Rockefeller, under his leadership, passed was the Aviation Safety Act of 2010, and this was 

to address the aftermath of the 2009 Colgan Air crash, something 

that included several rulemakings which have been completed, but 

there are some that still haven’t been. Administrator Huerta told 

the Committee multiple times that new rules for pilot qualifications for these regional aircrafts will be completed before August 

1, 2013. 

This is something that is very important to many of us on this 

committee, and wanted to get your support in confirming that the 

Committee can count on you to ensure that these rules do get implemented or, I should say, published by the August 1 deadline. 

Mr. FOXX. My understanding is that the process is on track, and 

I would look forward to working to meet those deadlines if confirmed. 

38 

Senator CANTWELL. OK. 

And one last issue if I could get your thoughts on is the transparency in airline ticket pricing. Last year, airlines collected about 

$6 billion in baggage and reservation-change fees from passengers, 

but because of the growing menu of ancillary fees, it has been increasingly difficult for consumers to compare and shop for airfares. 

And I know that there has been a lot going on both with the department and challenges by the airlines to some of these rules, you 

know, almost all the way to the Supreme Court. 

So I know that there are some proposed airline ticket transparency rules now under review by OMB, but I wanted to get your 

thoughts on the importance of giving consumers better information 

so that they can make the right pricing decisions. 

Mr. FOXX. Well, as someone who purchased airline tickets to get 

here, I certainly would support efforts so that I know as a consumer and other consumers know what they are being charged for. 

And, of course, the processes that you just described are in process and are being worked through with stakeholders, and I certainly would like to have a chance to hear all sides of those issues 

as they move along. But as a consumer, I certainly understand. 

Senator CANTWELL. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Senator Cruz? 

STATEMENT OF HON. TED CRUZ, 

U.S. SENATOR FROM TEXAS 

Senator CRUZ. Thank you, Mr. Chairman. 

Mayor Foxx, welcome. 

Mr. FOXX. Thank you. 

Senator CRUZ. Congratulations on your nomination. 

Mr. FOXX. Thank you, sir. 

Senator CRUZ. And I appreciate your coming by my office. We 

had, I think, a very good and productive conversation. 

Mr. FOXX. Yes, sir. 

Senator CRUZ. And I appreciate your time here answering our 

questions. I would like to follow up on a couple of the areas that 

you and I discussed in my office. 

Mr. FOXX. Sure. 

Senator CRUZ. And I want to start by revisiting the conversation 

you just had a moment ago with Senator Blunt concerning the FAA 

air traffic controller furloughs and sequestration. 

In my judgment, the sequestration funding levels are quite likely 

to continue. And, indeed, given the fiscal and economic challenges 

we have, we may see even further budgetary cuts at some point in 

the future. 

And quite a few of us have been concerned that the administration, in implementing sequestration, has been looking for ways to 

implement those cuts that are visible and painful and exacerbate 

the pain of the cuts. And, indeed, quite a few of us, I think, believed that the air traffic controller furloughs was an example of 

that. 

Can we have a commitment from you that, in implementing sequestration and in implementing whatever further budget cuts may 

39 

occur down the road, that you will employ your very best efforts to 

target waste, fraud, and abuse, to target redundancy, to target 

ways to trim the fat and tighten the belt, while minimizing the 

pain and inconvenience to customers, to the American people, while 

minimizing unnecessary inconvenience to consumers? 

Mr. FOXX. Well, thank you for the question, Senator. And I did 

enjoy our visit. I have been telling people that, and they seem to 

act surprised. I don’t know why. 

[Laughter.] 

Mr. FOXX. But I have had a good visit with you. 

And let me say a couple things. I come from local government, 

where you have to work within what you have. And as I said in 

response to Senator Fischer, I will be looking for ways to help the 

Department not only work more efficiently but to be even more effective at what it is charged to carry out. 

But I don’t enter into this presupposing what that actually plays 

out into, in terms of actual reductions or whatever. I still actually 

have hope that this country will develop a broader approach to 

both deficit reduction and investing in infrastructure. I am hopeful 

that we can get there. But, if not, what you can count on from me 

is that I will do my best to make the best of the situation we have 

with sequestration, if that is indeed what we have. 

I cannot guarantee you that there will be painless choices. By 

definition, the sequester is a bit of a blunt instrument. And my 

guess is that, given the fact that three-quarters of the Department’s budget isn’t subject to the sequester and yet the overall caps 

on spending are, that there will probably be some places where 

there is significant pain. 

But I don’t walk into the door looking to make life miserable for 

people. I am walking in the door trying to help make our transportation system work. 

Senator CRUZ. And so it is fair to say that you would look for 

ways to minimize the pain and not to exacerbate it. 

Mr. FOXX. I would look for ways to make our department function as effectively as possible with the least amount of pain possible. But I think we are in a situation, with sequester, where there 

is going to be pain. 

Senator CRUZ. I would like to shift to another topic that you and 

I, I think, had a very productive conversation on, and that concerned regulation and the impact of government regulation retarding economic growth, killing jobs, and the need for regulatory reform, which is a principle that the president has publicly espoused. 

And in our conversation, you, likewise, expressed significant 

agreement with that. Is that a fair characterization of your views? 

Mr. FOXX. Regarding regulatory burdens? 

Senator CRUZ. Yes. 

Mr. FOXX. Well, yes. And I actually think the president agrees 

with that. He has issued Executive Orders across agencies asking 

them to review their regulations to figure out ways to streamline 

and, as recently as last week, announced another streamlining set 

of provisions. 

So I think that there is broad agreement that if we can streamline processes, make them move more efficiently and effectively, 

and deliver projects faster, that is good for the country. 

40 

Senator CRUZ. I would note that just recently the Congressional 

Research Service released a report that indicates that during the 

first 4 years of President Obama’s administration that the administration issued more than 13,000 final rules, which was substantially more than its predecessor. And, indeed, there were 330 major 

rules, rules that have economic impact of $100 million or greater. 

And that represented a 24 percent increase from the second term 

of the Bush administration. 

And given the concerns you raised about working to minimize 

the harm of regulations, would you agree in your first 100 days as 

secretary, if you are confirmed, to work to identify at least three 

regulations within your purview that, in your judgment, are unduly 

burdensome and to work with me to ameliorate that burden? 

Mr. FOXX. Senator, let me say this, that if I find 10 that we can 

eliminate or reduce, I would like to do that. But I can’t do it blindly. I am not in the job now. If confirmed, I would like an opportunity to visit with you and extend this conversation and see where 

we can take things. 

But, you know, my interest is in making sure that this department continues to serve its mission. So, safety—critical mission of 

the agency. There are a lot of ways in which the agency touches 

on the environment. And so, to the extent that we can figure out 

ways to minimize the burden without compromising safety, without 

compromising the delivery of projects and so forth, I think that we 

have some common ground that we can work on. But I couldn’t tell 

you chapter and verse where that is today. 

Senator CRUZ. Well, I will certainly accept as a friendly amendment to work on 10 instead of 3. 

[Laughter.] 

Senator CRUZ. And if I may ask the Chairman’s indulgence to 

ask one additional question, although my time has expired. 

And the final question I wanted to ask is, there is a provision 

in MAP–21 that allows states to assume responsibilities for environmental studies and clearances. And one of the significant impediments to building new transportation projects can be those 

clearances. It is referred to as NEPA delegation. 

And prior to this year, California was the only state to assume 

NEPA delegation. The state of Texas is now embarking on the 

same path. Indeed, the legislature recently passed legislation, the 

Governor signed it, to do so. California has already been able to realize a 25 percent cost and time savings as a result of the NEPA 

delegation. 

And Texas will now have to petition the Department to be granted authority for NEPA delegation. And if you are confirmed, I 

wanted to ask your approach to how you will approach that petition that will be forthcoming. 

Mr. FOXX. Well, of course, there are systems in place to review 

those types of petitions, and I would have to have the information 

in front of me with a recommendation from the Department to be 

able to review. 

But I think that if we can find ways, this is another way to help 

streamline processes. You know, if the requirements are met and 

we can move forward, I would look forward to doing that. But I 

would count that as 1 of the 10. 

41 

[Laughter.] 

Senator CRUZ. We are agreed on that. 

And let me say, thank you for your candor. I look forward to our 

working together, and I look forward to supporting your nomination. 

Mr. FOXX. Thank you, Senator. 

The CHAIRMAN. Thank you, Senator. 

Mr. Mayor, there are actually no more questions, I don’t think, 

but I want to make a statement, which arises from this hearing, 

which I have been living with as somebody who represents West 

Virginia, where there are needs, human and physical, of vast proportions, and it is a very small state. And that is the hypocrisy that 

we put you through during a nomination hearing and everybody 

asks for—infrastructure is the lifeblood of the country and NextGen 

is so important, but we hate rules and regulations, and there are 

13,000 or whatever it is. And then people talk about minimizing 

pain, as opposed to not maximizing pain, as if that is a brighter 

light. 

What is needed in this country for you to be a successful Secretary of Transportation, and for us to be a successful country, is 

a willingness to bite a bullet which some in this Congress, in both 

houses, refuse to bend to, thus causing others who would bend to 

it not to bend to it because of the fear of what would happen in 

the next primary. It has developed into a fairly fine art, and it is 

the fastest way to destroy the future of our country that I can possibly think of. The prospect is based upon the fact that if you simply eliminate all rules and regulations and certainly don’t do any 

tolls and raise no revenues, that by simply avoiding waste, fraud, 

and abuse, which I have been hearing for 50 years in government 

and which is certainly pertinent and will be done—you know, in 

Medicaid and Medicare, it is pretty hard to find that stuff. 

Medicaid and Medicare are so much more efficient than the private healthcare system, it is not even close. They are about 2 or 

3 percent administrative costs. But, no, you don’t want to do that 

because if you expand Medicaid—the senator’s state has rejected 

that and has an enormous number of uninsured citizens, but that 

seems to be OK. 

We cannot function as a country and we can certainly not 

achieve greatness again as a country without having research, 

without having infrastructure, without having trained people, without having business having confidence in our future and thus deciding to invest in our future because they see that we in the government are willing to invest in our future and they know it as 

well as we do. 

They don’t want their taxes to skyrocket, but they know, as do 

a lot of people with a lot of money, that you can’t wish for something or you can’t minimize yourself into greatness. You can minimize yourself into just a minimal thing. Then you can feel good all 

along and win election after election, but you are doing the country 

no favors. 

So when you talk—and I don’t want you to say one word in response to this. 

[Laughter.] 

42 

The CHAIRMAN. When you talk about, you know, doing all the 

things that you have been asked to do, they are going to cost 

money. And you can get all the squeezing and tightening—I just 

can’t wait for you to take a look at the FAA and find all the money 

just sitting there waiting for you to squeeze a couple billions dollars out. It isn’t there. The size of the U.S. Government in number 

of people is currently smaller than anytime since Dwight Eisenhower. I don’t think there is any American who knows that, and 

the press certainly doesn’t talk about that. 

It used to be that we were constantly besieged with talks, with 

sermons on our deficit problems and how that was a symbol of how 

America was wasting, you know, just wasting. And, of course, now 

the deficit is beginning to disappear, so everything has changed to 

the debt. 

None of that is actually what I want to say to you. What I want 

to say to you is I want you to be a good secretary of transportation. 

And you cannot do that without new revenue. And you cannot do 

that without goading us in the Congress, which will be hard—you 

have to get OMB to agree to it, but sometimes—you know, your 

predecessor was pretty good at just going around and saying what 

he wanted and getting away with it. 

[Laughter.] 

The CHAIRMAN. You can’t do that without revenue. You can’t pretend that everything stands still for the last 10 years and you have 

no more money to do it and expect to have it. You won’t have greatness, you won’t have resources, you won’t have infrastructure. 

It is great to talk of infrastructure banks, it is great to talk about the $3 trillion sitting in the coffers of the American enterprise system, but that $3 trillion would come out if they felt that they 

weren’t going to have to do the whole thing all by themselves. 

People need to pay, on a fair basis, personal taxes. We need to 

raise in this country, if we are going to cure cancer, diabetes, or 

all the other things that plague us, as well as get rid of MRSA, 

which is one of the great killers in our society—it has come basically out of the hospitals, hospital bathrooms that aren’t clean. 

And the work on that is being done in the International Space 

Station, to try and get the cure for MRSA, which is something most 

people don’t know about, but it is a terrible killer in this country, 

and there is no cure for it. 

So I just want to register a strong counter voice about—I totally 

believe in America’s future, but we are not going to get there if all 

of our demands of you and our aspirations for you are that you cut 

out more people—you will do that necessarily as a manager because managers know how to do that, as Governors do. I had to do 

that. I had to lay off 10,000 people once when I was Governor. And 

it is no fun, but you do what you have to do. 

But to simply accept the premise—I mean, being a mayor, frankly, is not the same thing as being the President or a Congressperson. We have national responsibilities. If you are going to build a 

fast freight system or a fast rail system, you don’t do it intrastate, 

you do it interstate, and it is a larger function. 

If you are going to take the CDC seriously or take the NIH seriously or the National Science Foundation seriously or the National 

Institute of Science and Technology seriously, if you are going to 

43 

take cybersecurity seriously, if you are going to take any of these 

things seriously, take our economy seriously, we are going to have 

to spend money. And the great game around here is you just don’t 

talk about it. You just don’t talk about it. Because there are some 

that can’t wait for you to do it so that they can get somebody to 

run against you in the next primary. 

The beauty of politics is when politics overcomes that kind of 

smallness. The un-beauty of politics is when that is not possible, 

when people are driven into submission about honest answers for 

the future of our country. 

So I will simply conclude by saying that I hope that you will 

push us. And the director of OMB is a West Virginian, so by definition—I mean, next to South Dakota, that is about as good as you 

can get. 

[Laughter.] 

The CHAIRMAN. And she is a West Virginian, and she understands the problems of small, rural states and the whole country 

which she has worked in. 

But goad us. If you can’t do something because you don’t have 

the money to do it, let us have it. Express your frustrations. Say, 

I have squeezed this, I have squeezed that, I have squeezed that, 

NextGen I can’t do, don’t have the money for it. 

Or, you know, safety inspections of airlines or safety inspections 

of parts of new planes, each one of which is—and I have seen this 

because we tried to develop a jet in West Virginia, and there were 

13,000 parts to that jet which were individually inspected by inspectors from, I guess, the FAA, individually inspected. You cut 

FAA way back, those people disappear, innovation, entrepreneurship disappears. 

You don’t necessarily create an entrepreneurial society by starving it. You don’t do it by burying it in taxes. You do it by something that is responsible. And responsible’’ means that you have 

revenues and you have discipline, you have focus, you have leadership, but you have the money to do what you have to do, whether 

it is the military or whether it is the rest of the country. 

So I would ask that you would keep that in mind. 

And unless my colleague wants to say something—— 

Senator THUNE. Mr. Chairman, if I could just add to what you 

have said—and I do have another question or two, but I can put 

those on the record, because I know you are going to be responding 

to some questions on the record. 

But I think one observation I would make with regard to where 

we are, the one thing we can’t do—and this is why I asked the 

question about the next highway bill and what you saw your role 

as being—we cannot continue to borrow from the general fund to 

fund highways. 

We either have to decide that we are going to pay for it and figure out how we are going to do it or we are going to have to have 

a lot smaller appetite when it comes to infrastructure. The one outcome that is not acceptable to me is to continue to borrow and to 

transfer from the general fund and basically put that on the backs 

of our children and grandchildren. 

My frustration is that, when the DOT secretaries come in front 

of the Committee and we have asked for specific suggestions about 

44 

how to do that, you know, we usually get the answer, ‘‘We will 

work with you, with Congress,’’ and we understand that. I mean, 

we have to play a role in that, too. But I also hope that you will 

lead, that the President will lead, and come up and put specific 

ideas on the table about how to solve these problems. 

Infrastructure is important. It is important to our country, it is 

important to our competitiveness, it is important to our economy. 

And the best way to deal with debt and deficits is to get a growing, 

expanding economy. And so everything that we do, we ought to 

have a focus on, what will this do to grow the economy, to create 

jobs, and to improve the take-home pay of middle-class Americans? 

And I think a robust, strong infrastructure that supports that economy is critical and vital to that, but it has to be paid for. 

And so I hope that you will get your pencils out and find as 

many savings as you can within the department’s budget and look 

at doing things more efficiently, but then when it comes to putting 

proposals forward, with regard, for example, to the next highway 

bill, to be specific and, you know, come at us with your ideas. And 

we will try and work with you. 

So thank you, Mr. Chairman. 

And I do have a question, if I might. I want to get you on the 

record on this, because I mentioned in our meeting that Senator 

McCaskill and I were successful last year in enacting the European 

Trading Scheme Prohibition Act. And based on our discussion, I 

think you are familiar with the issue. And I just want to know if 

you are prepared to exercise your authority granted in the law to 

protect U.S. aviation users from the ill effects of the EU ETS if 

that is necessary. 

Mr. FOXX. Absolutely. 

Senator THUNE. And—— 

The CHAIRMAN. He feels very strongly about that. 

Mr. FOXX. Yes. 

The CHAIRMAN. And I agree with him. 

Senator THUNE. OK. 

And do you believe that ICAO is the place, which operates 

through international consensus, is the proper venue and manner 

to address international aviation emissions reductions? 

Mr. FOXX. I do. 

Senator THUNE. Good. We may be facing that issue here again 

in the not-too-distant future, so I look forward to working with you 

on that. 

Thank you, Mr. Chairman. 

And thank you, Mayor. It is an honor to have you in front of us, 

and we wish you well. 

Mr. FOXX. Thank you, Senator. 

The CHAIRMAN. Thank you, Senator Thune. 

I adjourn this hearing on the presumption that you will just ride 

the fast rail right into the secretaryship. 

[Laughter.] 

The CHAIRMAN. Hearing adjourned. 

Mr. FOXX. Thank you, Mr. Chairman. 

[Whereupon, at 4:30 p.m., the hearing was adjourned.] 

(45) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO ANTHONY FOXX

Truck Safety 

Question 1. In MAP–21, Congress made substantial truck and bus safety improvements, such as requiring electronic logging devices to prevent fatigued drivers from 

getting behind the wheel. DOT has been working on implementation, but we continue to see delays. As truck-related deaths and crashes continue to be a substantial 

safety problem, I am concerned about the pace of implementing MAP–21’s safety 

provisions, especially the electronic logging device rule. What actions will you take 

to ensure that the FMCSA substantially reduces truck crash deaths and injuries? 

Answer. If confirmed, I will strive to prioritize FMCSA’s actions that will result 

in the largest safety benefit, including implementing the provisions contained in 

MAP–21, and will direct the Agency to continue to work with all large truck and 

bus safety stakeholders to continue to identify new and improved methods to improve commercial motor vehicle safety. 

Question 2. The government is unlikely to be able to cover the entire cost of improving our infrastructure. To what extent should the Federal Government use its 

resources to incentivize private investment? 

Answer. There is no doubt that private investment can play a critical role in expanding our Nation’s transportation infrastructure in the same way it can support 

our energy, water, and social infrastructure. 

Public Private Partnerships (PPPs) can offer an innovative new delivery approach 

for some of our country’s most complex and challenging projects when they are appropriately structured, when they provide better value as compared to traditional 

public sector delivery approaches, and when the underlying projects are well-aligned 

with public policy objectives. 

The TIFIA loan program is a successful example of how the Federal Government 

currently incentivizes private investment. MAP–21 has rightly expanded the program to meet demand. TIFIA can benefit private sector investors by providing flexible terms and low cost financing that often makes the difference between whether 

a project does or does not make sense financially . 

The President’s Rebuild America Partnership proposal recognizes the important 

role private sector investment can play in transportation infrastructure. It strengthens existing programs such as TIFIA and Private Activity Bonds and introduces 

America Fast Forward Bonds to ensure that we continue to incentivize private investment in transportation infrastructure. If confirmed, I will support these efforts. 

National Freight Strategic Plan 

Question 3. MAP–21 requires DOT to create a national freight strategic plan. 

What will you do to ensure that the National Freight Strategic Plan does not favor 

one mode of transportation over another, and that it produces a balanced approach 

to intermodal freight movement? 

Answer. Section 1115 of MAP–21 directs the Secretary of Transportation to develop a national freight strategic plan. While some of the legislative language describing this strategic plan focuses on highway freight transportation, other provisions refer to freight transportation in general. I strongly believe that, for a national 

freight strategic plan to be useful, it must look at the national freight system as 

an integrated whole, with freight moving along different modes of transportation depending on the distance to be traveled, the commodity to be carried, and the delivery deadline to be met. We need to provide our freight shippers with the full range 

of freight transportation modes so that they can choose the mode that meets their 

needs most efficiently. Only with this kind of multimodal freight system can we ensure that our Nation remains globally competitive. The Secretary of Transportation 

has broad authority under Title 49 of the United States Code to initiate policies to 

promote efficient intermodal transportation in the United States, and I would, if 

46 

confirmed, use that authority to ensure that the national freight strategic plan produces a balanced approach to intermodal freight movement that allows each mode 

of freight transportation to play the role that it can play most efficiently in the overall national freight transportation system. 

Maritime Industry 

Question 4. The U.S.-flag maritime industry plays an important role in U.S. national and economic security. Programs like the Maritime Security Program, cargo 

preference, food aid, and the Jones Act are important not only to the maritime industry, but also to the Nation’s military sealift and transportation needs. What are 

your plans for promoting, maintaining, and encouraging continued investment in 

the U.S.-flag maritime fleet? 

Answer. If confirmed, I would work to ensure that the programs that assist all 

sectors of the maritime industry work together in promoting, maintaining and encouraging investment in the U.S.-maritime fleet to the greatest extent. 

I understand that due to Continuing Resolution and sequestration, funding for all 

Maritime program has been reduced. 

Passenger Rail 

Question 5. The Administration has made passenger and high-speed rail a central 

part of their transportation agenda. As Secretary, you will serve on the Amtrak 

Board and play an important role in advancing this agenda. What is your vision for 

the future of intercity passenger rail in the nation? 

Answer. The U.S. rail industry is currently experiencing a resurgence. Safety, ridership, reliability, investment levels, and financial performance are setting records 

or trending in positive directions. I will strive to build on the positive developments 

and will work to further enhance safety and strengthen both passenger and freight 

rail. In particular, I hope to enhance world-class safety; modernize our rail infrastructure; meet growing market demand; promote innovation; and to ensure transparency and accountability in all investments. 

Question 6. Amtrak’s authorization expires this year and we have already started 

holding hearings. When will we see a reauthorization proposal from the Administration? 

Answer. I understand that the Administration’s Budget Proposal is intended to 

serve as a blueprint for reauthorization and as a mechanism to enhance safety, 

modernize our infrastructure and workforce, meet growing market demand, and ensure transparency. If confirmed, I look forward to working with Congress on legislation to accomplish these important goals as soon as possible. 

Question 7. What role do you think the private sector plays in supporting passenger and high-speed rail projects? 

Answer. I recognize the critical role the private sector must play in improving the 

overall rail system. I am open to private sector investment and participation in 

high-speed rail corridors and projects. Private investment will likely be attracted to 

rail operations that are highly reliable and efficient, generating high ridership and 

producing an operating surplus. Therefore, the best way to encourage private investment is to execute projects successfully. 

If confirmed, I look forward to working with Congress to ensure that all of the 

programmatic tools available to the Department of Transportation to encourage private investment are used to their fullest extent. 

Rural Transportation 

Question 8. Rural areas face new transportation challenges. For example, the development of shale gas production in my state of West Virginia has provided positive economic outcomes. However, as I heard at a hearing last year on this issue, 

the development of this industry has also resulted in increased truck damage to 

roadways and rail traffic at unprotected grade crossings. In light of the vast industrial development in parts of West Virginia and rural areas across the country, how 

can DOT make sure that transportation infrastructure in rural areas receives the 

support it needs to be safe and in good repair? 

Answer. I understand that rural areas are important economic generators that 

need transportation infrastructure. The example you describe in West Virginia illustrates the importance of a comprehensive approach to addressing the many challenges facing the U.S. transportation system. It is vital that we consider the specific 

needs of each community as Federal, State, and local governments work together 

to move this country forward. MAP–21, with its emphasis on data-driven, outcomeoriented investment in surface transportation, should result in more effective use 

of our transportation resources in urban and rural areas. 

47 

Additionally, I understand that safety on rural roads has long been a challenge 

and I am committed to finding ways to address this need. 

If confirmed, I will work to improve transportation for all Americans living in 

rural and urban areas to support our economy and an improved quality of life. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

ANTHONY FOXX

MAP–21 Implementation and Reauthorization 

Question 1. One of the major landmarks of MAP–21 is the greatly expanded and 

improved TIFIA (Transportation Infrastructure Finance and Innovation Act) program. Will you commit to personally ensuring that the TIFIA program receives all 

the attention and resources it needs so that the TIFIA funds provided by Congress 

in MAP–21 are fully and effectively utilized to address the great demand that we 

have seen from across the country? 

Answer. I understand the importance of leveraging Federal funding to encourage 

broader investment of private capital in transportation infrastructure, and TIFIA is 

a great resource to help States invest in major transportation projects and create 

jobs in the process. It is my understanding that since passage of MAP–21, the Department has taken a number of steps to implement the changes to the TIFIA program and expand the TIFIA Joint Program Office to meet increasing demand. If 

confirmed, I will continue to engage the project sponsors and will move expeditiously in advancing eligible projects. 

Question 2. MAP–21 expires at the end of September 2014 and it is projected that 

the Highway Trust Fund will run out of funds early in Fiscal Year 2015. Developing 

the next surface transportation bill and addressing the transportation funding 

shortfall is of critical importance and key to fixing our crumbling infrastructure. 

Can you discuss how the Department will work together with Congress to address 

these looming challenges? 

Answer. There seems to be bipartisan agreement that current funding mechanisms are insufficient to meet our national infrastructure needs. Addressing funding 

issues for transportation requires close coordination with the Department’s partners 

within the Administration, as well as with Congress, and if confirmed, I will work 

hard to do so. The President in his FY 2014 Budget proposed that savings from 

winding down military operations overseas should be go toward supporting significant new infrastructure investments through a long-term surface transportation reauthorization. I know others have made different proposals to fund this country’s 

infrastructure needs. If confirmed, I will work with Congress on a bipartisan basis 

to find a solution to this challenging issue. 

Question 3. MAP–21 included significant policy changes which substantially transformed our Federal transportation programs. These include instituting performance 

measures and targets, consolidating programs, and establishing a focus on goods 

movement. Can you explain how the Department will work with Congress, states, 

cities, and stakeholders to ensure that these reforms are implemented in a meaningful and responsible way? 

Answer. In MAP–21, Congress gave the DOT a clear directive to make our transportation system more strategic and performance-driven. The challenges facing our 

Nation’s public transportation system cannot be solved by Federal action alone. 

Therefore, to meet this directive, the Department needs to work closely with Congress, the public and private sectors, transportation advocates, and industry representatives. The Department should continue to conduct aggressive outreach with 

stakeholders and to work with each modal administration to issue well-defined guidance to help the Nation’s Federal, State, local, and tribal transportation agencies 

carry out MAP–21 programs and provisions. By actively listening to their concerns 

and incorporating their feedback into rulemakings, guidance, and policy, the Department will help States and MPOs make efficient use of limited resources and achieve 

better outcomes. 

I understand that the Department has taken a number of actions to implement 

MAP–21. These efforts have included numerous outreach meetings with transportation stakeholders, implementing the project delivery sections of MAP–21, and 

moving forward on the freight provisions. The Department has already announced 

a National Freight Advisory Committee (NFAC), which is composed of stakeholders, 

under the Federal Advisory Committee Act (FACA), which will help the Department 

assess national freight needs and identify policies and investments needed to improve the national freight system. 

48 

I think the Department has made great strides in the implementation of MAP– 

21 and, if confirmed, I will continue this successful approach. 

Rental Car Safety/Vehicle Recalls 

Question 4. On May 21, 2013, in this Committee, we held a hearing on legislation 

I have co-authored to require rental car companies to fix vehicles under a safety recall before renting or selling them (S. 921, the Raechel and Jacqueline Houck Safe 

Rental Car Act of 2013). To me, this bill is basic common sense, and I was pleased 

that the NHTSA Administrator, David Strickland, agreed. 

One issue that arose in the hearing is that apparently, some auto manufacturers 

fail to make enough parts to fix vehicle safety recalls in a timely fashion. This raises 

very serious safety concerns for all consumers—whether it’s a mom trying to get a 

recall on her own minivan fixed, or a family renting a car that is under recall. We 

need to do more to get these recalls fixed right away. 

Will you commit to personally ensuring that the Department provides strict oversight over manufacturers’ recall policies, including making repair parts readily 

available to all who need them? 

Answer. I share your safety concerns regarding recalls for rental vehicles, and yes, 

I will certainly commit to ensuring that NHTSA carefully monitors how promptly 

recall remedies are made available. Under existing law, I understand that NHTSA 

can require a manufacturer to accelerate its recall program if it is not being implemented within a reasonable time. 

Pipeline Safety 

Question 5. In 2010, a tragic natural gas transmission pipeline explosion occurred 

in San Bruno, California, killing 8 people and injuring 52 others. Since then, I have 

worked with other Members of this Committee to enact many new safety requirements into law—but much work still remains to be done. 

Will you commit to working to ensure: 1) continued progress on improving the 

safety of our Nation’s pipeline infrastructure, and 2) providing strict Federal oversight to hold pipeline operators accountable for their safety measures? 

Answer. Thank you for your leadership in helping to secure passage of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Act). I believe the 

Act has given the Pipeline and Hazardous Materials Safety Administration 

(PHMSA) additional tools and authority needed to help achieve its mission. I understand that PHMSA has taken the lead on implementing this important safety legislation and completed all of the mandates that were due by January 3, 2013. If confirmed, I will ensure that everyone at PHMSA remains dedicated and committed to 

fulfilling the remaining mandates and improving the safety of our Nation’s pipeline 

infrastructure. 

Train Safety/Positive Train Control 

Question 6. Following a tragic train collision in Southern California in 2008 that 

killed 25 and injured 138, I worked with this committee to enact legislation requiring the installation of Positive Train Control (a collision avoidance technology) on 

major passenger, commuter, and freight lines by 2015. 

Will you commit to holding railroad operators accountable for doing everything 

possible to implement this technology on their systems quickly? 

Answer. I am a firm believer in the ability of advanced technologies, such as Positive Train Control, to reduce the potential for accidents such as those that occurred 

at Chatsworth, California, and Graniteville, South Carolina. I understand, however, 

that there are a number of significant technical and programmatic challenges associated with Positive Train Control implementation that the Federal Railroad Administration identified in its August 2012 report to Congress that must be successfully 

resolved to enable the successful deployment of this vital technology. If confirmed, 

I look forward to working with Congress to resolve these challenges. 

Question 6a. Will you also work with Congress to ensure the Department provides 

funding to assist railroad operators with the implementation of this technology? 

Answer. I understand that the President’s FY 2014 budget for the Department of 

Transportation provides money for Positive Train Control installation on Amtrak 

and commuter railroads. I further understand that the costs associated with the 

procurement and deployment of Positive Train Control technologies are significant, 

and represent major capital expenditures by the railroad industry. Funding this effort, without adversely impacting service will be challenging and will require close 

collaboration between the Department and Congress. If confirmed, I hope to work 

with Congress to address Positive Train Control issues, as well as other critical national transportation infrastructure safety investment needs. 

49 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BILL NELSON TO

ANTHONY FOXX

Question 1. We must ensure the highest possible level of safety for children in and 

around cars. Do you believe the Department of Transportation and NHTSA should 

lead industry to develop, and adopt or require technology to improve children’s safety in non-traffic related scenarios, such as back-over prevention requirements or 

alerts when a child may be left in a vehicle? 

Answer. I am very concerned about the safety of children in and around cars, and 

I am committed to finding the most appropriate countermeasures to reduce the frequency of incidents involving children. I understand that NHTSA proposed a requirement for improvements to passenger vehicle rear visibility to prevent 

backovers and is currently working on a final rule. NHTSA also has developed a 

national education campaign (through radio, online, social media, and stakeholders) 

to educate parents and caregivers about the dangers of heatstroke to children left 

in cars. Children are our most vulnerable population, and I take safety risks to children very seriously. 

Question 2. Do you think our communities are prepared for the unique mobility 

challenges of an aging population? Are there steps that you took as Mayor of Charlotte to ensure that area residents could comfortably age in place? 

Answer. Communities should help seniors stay connected as they age. One way 

to ensure connectivity is by offering communities a variety of transportation options, 

including transit, walking, and biking. As our demographics shift, so will the need 

to improve safe and effective transportation options for seniors. Whether the transportation activities include increased sidewalks, improved bus services, safer curbs, 

adjustments to pedestrian signal timing, or increased safety for older drivers, we 

must be prepared to provide transportation choices that accommodate the unique 

mobility challenges of an aging population. 

During my tenure as Mayor, I took numerous steps to ensure that area residents 

could comfortably age in place. With initiatives such as the light rail blue line extension and Charlotte Streetcar Project, I strove to put all Charlotte residents in close 

proximity to good transportation choices. To enable new housing choices for seniors 

along new transit corridors, we also have adopted significant land use plans of prezoned adjacent parcels for dense, multi-family accessible dwelling units. 

More specifically, through the Charlotte Area Transit System’s (CATS) program, 

Seniors in Motion, CATS serves to provide seniors the mobility and freedom to 

maintain their lifestyles. As part of the program, CATS staff visit seniors at residential facilities, church groups, and senior centers and introduce their services to interested parties. CATS staff members take seniors on demonstration rides, assist 

them with reading public timetables, and answer any questions they may have 

about using the system, which runs throughout the city. Notably, because seniors 

ride for half price on CATS, the service is more affordable to them. 

Question 3. Aviation manufacturing is an important industry in Florida, with 

commercial and general aviation manufacturing providing good jobs. For this industry to grow the FAA must efficiently certify their products, unfortunately, the current system suffers frequent delays. FAA Administrator Huerta has sought to improve the system, but improvements must be implemented moving forward. Do you 

think that improving the certification process is a priority for the FAA? 

Answer. I believe that the FAA is continually improving the certification process 

to enhance the industry’s ability to bring products to market quicker and make 

them more competitive in an international arena. If confirmed, I will support Administrator Huerta’s initiative to improve the system. 

Question 4. Domestic shipbuilding and repair is important for our maritime industry and our national defense preparedness. As Secretary will you be supportive of 

the Jones Act and of programs to maintain the strength of our maritime industry? 

Answer. If confirmed, I would support the Jones Act and the programs available 

to maintain the strength of our maritime industry, including proper funding and administration of the Maritime Security Program. The America’s Marine Highways 

program also could be used to offer an important new market for Jones Act vessels. 

I would work closely with the Department of Defense, industry, and labor to monitor 

the health of the U.S.-flag fleet, facilitate the retention of vessels and mariners, and 

develop a national sealift strategy that ensures the long term viability of the U.S. 

Merchant Marine as a naval auxiliary and as a U.S. presence in international trade. 

I would work to ensure the viability of the cargo preference programs by providing 

efficient administration and regulation, while gaining a broader base of support 

through education and a transparent approach to enforcement. I would continue to 

promote the education and preparation of individuals entering the maritime workVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00053 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\85820.TXT JACKIE
50 

force through the U.S. Merchant Marine Academy and by providing assistance to 

the six State maritime academies. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARIA CANTWELL TO

ANTHONY FOXX

Question 1. I–5 Skagit River Bridge. Mayor Foxx, as you’re well aware, on May 

23, 2013, the northern-most span of the Interstate-5 Skagit River Bridge in Washington state collapsed after being struck by an oversized vehicle. Secretary LaHood 

has pledged the full support of USDOT and the Federal Highways Administration 

in establishing a temporary repair by mid-June, and a permanent repair by late 

September 2013. 

• Can I have your commitment that you will do everything in your power as Secretary of U.S. Department of Transportation to support efforts to repair the 

Interstate 5 Bridge over the Skagit River in Washington state? 

• Under MAP–21, transit is eligible for Emergency Relief funding from the Federal Highways Administration. Can you confirm that passenger rail transit 

service and van-pool transit service are appropriate uses of Emergency Relief 

funding? In Washington state, many alternatives will be necessary to help reduce congestion on the temporary replacement. 

Answer. If confirmed as Secretary, I would do everything in my power to support 

efforts to repair the I–5 Skagit River Bridge. Ensuring the continued safety and reliability of our transportation infrastructure is central to the responsibilities of the 

Secretary of Transportation, and, if confirmed, I would offer this same level of commitment regarding any other instance where our country’s transportation infrastructure may be compromised by a similar event. 

With respect to the Emergency Relief program, I understand that transit service 

is only an eligible expense under the program when providing substitute traffic 

service around a damaged facility. The actual and necessary costs of operation and 

maintenance of ferryboats and additional transit service providing temporary substitute highway traffic service, less the amount of fares charged, are eligible for 

Emergency Relief funding. 

Question 2. Freight Mobility. As we’ve discussed, I’m glad that you’ve committed 

to continuing the national freight policy I worked on with Secretary LaHood, including continuation of the Federal Freight Policy Council and National Freight Advisory Committee. Freight mobility will be one of my top priorities in the next surface 

transportation reauthorization bill. 

• With that in mind, I’m interested in your initial thoughts on what more can 

be done on the Federal level to improve Federal freight mobility policy? 

Answer. I think we need a stronger multi-modal funding source for surface transportation that would include funding for freight projects. The President’s proposal 

for a National Infrastructure Bank embodies most of what I consider important to 

include in such a program. It is multi-modal, so that funding can be directed to 

projects in whichever mode most effectively addresses the transportation problem 

we are trying to solve. It provides a national perspective on our transportation problems, so that we can focus funding on freight transportation projects that benefit 

the Nation as a whole. It uses a combination of grants and loans, so that we can 

provide funding and financing for a wide range of projects—both those that can generate a revenue stream and those that cannot—while leveraging our limited resources as much as possible. And it uses robust economic analysis to select projects 

that provide us with the greatest benefits relative to their costs. But to make such 

an infrastructure bank effective, we need to have a robust freight planning process 

so that we can identify where the freight infrastructure investment needs of our Nation are greatest. MAP–21’s requirement for a National Freight Strategic Plan is a 

good start in that direction. Finally, we need to make effective use of the performance management provisions in MAP–21 so that we can keep track of where our 

freight transportation system is performing well, and where it needs improvement. 

Question 3. Last Mile Connections. Mainline capacity—whether for waterways, 

highways, or rail—is important to the movement of goods. But many major freight 

bottlenecks occur in the ‘‘last mile’’ as goods are arriving to, or leaving, a major 

transfer point. 

Washington state has been taking a strategic look at freight planning for more 

than a decade now, and—building on those plans—our state freight investment 

51 

board has invested more than $100 million to address those last mile challenges. 

The funding comes from a mix of our state gas tax and transportation fees. 

One dollar of state investment board money leverages five dollars in private, local, 

and Federal investment—putting nearly four hundred million into critical projects 

over the past decade. But despite this, there is still a lot more need. 

• In light of your experience in Charlotte with the new intermodal hub, do you 

believe that states, local governments, and industry have enough resources to 

address last mile and intermodal connection infrastructure needs? 

• If not, do you believe that we need stronger Federal role for assisting last mile 

and intermodal connections, which are key components of our national network? 

Or are they more of a state and local transportation policy issue? 

Answer. The short answer is ‘‘no’’—we don’t have enough resources to address 

critical last-mile and intermodal connections. There are a large number of freight 

projects that are delayed or not built at all because of lack of funding. The experience of DOT’s TIGER Grant program has been that many highly recommended 

projects, including freight projects, lack the necessary funding. These projects often 

have wide-ranging benefits on the overall global competitiveness of the United 

States, so it is important for the Federal Government to take the lead in funding 

them. 

Transportation policy is a partnership, where the Federal Government needs to 

partner with State and local governments to ensure that these national needs are 

met. Freight supply chains are often interstate or international in scope, so it is important for the Federal Government to have the resources to provide the transportation networks needed to support these supply chains. The National Freight Strategic Plan, which DOT is directed to develop under MAP–21, will allow the Federal 

Government to identify those last-mile and intermodal connectors that are most critical for the Nation’s economy, and we must all work together to create capacity to 

these projects in place. 

Question 4. Highway and Vehicle Safety, and Unsecured Loads. Mr. Foxx, 

one thing 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 

NHTSA can better understand the scope of this problem. According to the report, 

NHTSA is updating its current data collection system this year and is likely to recommend changes to the Model Minimum Uniform Crash Criteria during the next 

update cycle. 

We do know that in 2010, there were 51,000 crashes and 440 known fatalities resulting from a vehicle striking a non-fixed object in the roadway; unfortunately, the 

exact number of crashes due to unsecured loads versus natural elements (for instance, a fallen tree) is unclear. However, the Environmental Council of the States 

(ECOS) believes that our Nation spends $11.5 billion dollars on litter cleanup, education, and/or disposal programs—and between 20 to 40 percent of all litter found 

on roadways comes from unsecured loads. 

• Could you share your thoughts on what you would do as Secretary about unsecured loads and their impact to driver safety and our environment? 

• Can you discuss your broader approach to highway and vehicle safety and how 

you will continue making it a priority for USDOT? 

Answer. I agree both that this is an important highway safety concern and that 

data deficiencies, plus the Federal Motor Carrier Safety Administration’s jurisdictional limitation to commercial vehicles, means that more effort is needed in this 

area. I would place greater emphasis on data collection improvements if confirmed 

and try and raise public awareness of the risks of unsecured loads. More broadly, 

safety across all transportation modes would be my highest priority if confirmed as 

Secretary. I believe that a comprehensive approach, including heightening public 

awareness, such as Secretary LaHood has done successfully in the case of distracted 

driving, enacting good laws, and promoting effective enforcement would contribute 

significantly to real progress. 

Question 5. Jones Act. Mayor Foxx, as you know, the Obama Administration 

strongly supports the Jones Act. I also support the Jones Act because it preserves 

American shipbuilding capacity, fosters a highly skilled maritime workforce, and 

provides our government, when we need it, access to a U.S.-owned and operated 

fleet. Can I count on your strong support for this fundamental American maritime 

law? 

52 

Answer. Yes, if confirmed, I will continue the Department’s strong and historic 

support of compliance with the Jones Act. 

Question 6. Long Term Challenges for Investment. Mayor Foxx, as you know, 

the projections for the highway trust fund are fairly dire—the Congressional Budget 

Office estimates that bringing the trust fund into balance in 2015 would require cutting obligation authority under current law from $51 billion to $4 billion, or raising 

motor fuel taxes by 10 cents per gallon. 

At the same time, our infrastructure is struggling under our current rate of investment, with roads and transit systems ranked a ‘‘D’’ by the American Society of 

Civil Engineers. And the United States was ranked 20th internationally for the 

quality of road infrastructure by the World Economic Forum. 

• Mayor Foxx, can you discuss your thoughts on how America can adequately invest in infrastructure when the challenges—and trust fund shortfall—is so 

large? 

• Do you believe that transportation financing tools—like bonds and the Federal 

Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program can meet our current infrastructure needs? Can you share how financing 

and Federal funding work in tandem for cities that need to make transportation 

improvements? 

Answer. As the President has stated, we need to invest more resources in our infrastructure. Particularly when interest rates are low and Americans need the jobs 

that can help us recover from the recession, we should be spending more on the 

transportation networks necessary to enhance our economic competitiveness. Also, 

clearly, the Highway Trust Fund will not provide the resources required to meet our 

transportation infrastructure needs. That is why I continue to support the President’s National Infrastructure Bank proposal, which brings to bear all the resources 

of the Federal Government on addressing these critical transportation investment 

requirements. The National Infrastructure Bank concept uses a combination of 

grant and loan funding to leverage and stretch our dollars as far as possible. Transportation financing tools like TIFIA, the Railroad Rehabilitation and Improvement 

Financing program (RRIF), and Private Activity Bonds are valuable options, but 

they cannot meet all of our needs. Some projects, by their nature, cannot generate 

the revenue streams that are necessary to repay the capital borrowed under these 

financing approaches. So we need to have surface transportation grant funding at 

the Federal level to address needs that cannot be met by financing approaches. In 

developing the Charlotte Regional Intermodal Facility, for example, we used a combination of funding from the Norfolk Southern Railway, which would be repaid from 

Norfolk Southern’s revenues, and grant funding from the State and Federal Government (with complementary roadway improvements paid for by the City of Charlotte). We could not have paid for it if we had relied solely on loan financing repaid 

from the facility’s revenues. 

Question 7. Municipal Bonds. Mayor Foxx, as you know, the tax status of municipal bonds is under debate. Can you discuss if you used municipal bonds during 

your time as Mayor of Charlotte, and the potential impacts removing the tax-exempt 

status of these bonds would have on the ability of state and local government to 

fund needed transportation infrastructure projects? 

Answer. Charlotte, like many cities around the country, relies on flexible financing mechanisms such as municipal bonds to address infrastructure needs. We have 

made roadway improvements, expanded the airport, and built new police and fire 

stations through tax exempt municipal bonds. As a Mayor, I know how much basic 

state and local infrastructure relies upon this financing tool. As our country works 

to reduce deficits in a balanced way, I look forward to sharing my perspective as 

a product of local government within the Administration. 

I would also note that the President’s Budget presents a comprehensive economic 

plan that on net provides substantial additional support for infrastructure, and additional funding for ongoing surface transportation investments; proposing a ‘‘Rebuild America Partnership’’ to leverage private capital; and turning off the sequester. 

As part of that comprehensive plan, the President’s Budget calls for $1.8 trillion 

of balanced deficit including entitlement savings, a $50 billion up front-infrastructure investment, and $580 billion of additional revenue from closing loopholes and 

reducing high-income tax benefits. The Budget would obtain this revenue in part by 

limiting the value of high-income tax benefits to 28 percent. 

Whether one looks at the broadest elements in the budget or focuses on the package that was put forward as an offer to the Republicans House leadership, one thing 

that remains the same is a commitment that the budget be a net positive for infraVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00056 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\85820.TXT JACKIE
53 

structure. While the President understands that no one gets 100 percent of what 

they want in a budget agreement, he also is clear that he would only support a 

budget that, on net, includes provisions that led to State and local governments 

being in a more positive position to invest in the modern infrastructure our economy 

needs for both jobs and our future competitiveness. 

Question 8. Vehicle Miles Traveled (VMT). Mayor Foxx, as revenues deposited 

to the Highway Trust Fund revenues have continued to shrink, many people have 

begun debating how to better finance surface transportation programs, including the 

merits of ‘‘Vehicle Miles Traveled’’ (VMT) tax. As you know, transportation funding 

based on a VMT, rather than a gas tax like we currently have, would not be impacted by improvements to fuel economy standards and adoption of hybrid/electric 

vehicles—two of many factors currently eroding revenue deposited into the trust 

fund. While there are challenges to implementing a national VMT, a recent GAO 

report identified pilot projects around the country that are demonstrating ways to 

address privacy concerns and exploring appropriate, practical, and low-cost technology options for collections. 

• Can you share your philosophy related to VMT? 

• Do you believe that, if technological and privacy hurdles are overcome, VMT is 

a viable option for sustainable long-term revenue for transportation projects? 

Answer. Addressing funding issues for transportation requires close consultations 

within the Administration and with Congress, as well as with key external stakeholders. The President in his FY 2014 Budget proposed that savings from winding 

down military operations overseas should be go toward supporting significant new 

infrastructure investments through a long-term surface transportation reauthorization. I know others have made different proposals to achieve the similar end of funding this country’s infrastructure needs. If confirmed, I will work with Congress on 

a bipartisan basis to find a solution to this challenging issue. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

ANTHONY FOXX

Question 1. Following Superstorm Sandy, the Northeast Corridor (NEC) was shut 

down due to flooding. To prevent future shutdowns, it is critical that the Department of Transportation (DOT) moves forward on Amtrak’s Gateway Tunnel project, 

which would build a new, modern tunnel into New York under the Hudson River. 

The NEC is currently operating at 95 percent capacity, and commuter demand is 

projected to double in the next 20 years. The project would expand service capacity 

and prepare the corridor for high-speed rail, all while hardening rail infrastructure 

against future storms. The Administration has previously committed their support 

for this project. Funding the Gateway project will take cooperation from federal, 

state, and local entities. Can we count on the Department’s continued support for 

this critical project? 

Answer. Yes. I understand the Department is working closely with the regional 

stakeholders as the Gateway project develops. It is also my understanding that the 

Federal Railroad Administration, in developing a regional planning framework and 

a rail investment plan for future investments in the Northeast Corridor as part of 

NEC FUTURE, will analyze the long-term trans-Hudson capacity needs. 

Question 2. The Gateway project is estimated to cost $13 to $15 billion. What existing or new tools would you recommend for financing a project of this magnitude? 

Answer. The private sector is currently playing a robust role in the development 

and redevelopment of the major train stations serving the Northeast Corridor, including Washington Union Station and Moynihan Station in New York City. Private 

investment in the commercial development in and around these stations has and 

will continue to provide a source of revenue for the development of the transportation functions of these stations, including new concourses and train halls. 

Furthermore, I am aware that as part of the NEC FUTURE planning process, the 

Federal Railroad Administration will also be evaluating potential funding scenarios, 

including private sector opportunities as part of a Service Development Plan for the 

Corridor. I also hope to review work that I understand was recently undertaken by 

Amtrak regarding potential private investment in the Northeast Corridor. 

Question 3. A provision in the ‘‘Disaster Relief Appropriations Act’’ (P.L. 113–2) 

effectively restricts Amtrak’s ability to use funding appropriated to protect critical 

Northeast Corridor rail infrastructure from future storms and flood events. The law 

prevents Amtrak from utilizing its working capital to transfer funding between its 

54 

capital and operating accounts as a condition of accepting the disaster relief assistance. Will you commit to working with me to address this issue? 

Answer. I understand that the law does effectively prevent Amtrak from being eli- gible to receive $86 million in funding to make the Northeast Corridor more resilient to future disasters and I look forward to working with you to address this important funding issue. 

Question 4. Unlike highways and transit, which receive dedicated long-term funding through the Highway Trust Fund, Amtrak’s funding is subject to the annual appropriations process. This makes it difficult to execute complex, multi-year infrastructure projects needed to increase passenger rail capacity, improve reliability, 

and add higher-speed rail service. Recent budget difficulties, such as sequestration, 

have made it difficult for Amtrak to plan for short-term and maintenance projects. 

The President’s FY 2014 budget called for a dedicated, multi-year capital funding 

commitment for passenger rail development. As Congress looks to reauthorize Amtrak this year, will you support dedicated funding for Amtrak? 

Answer. I understand that the President’s FY 2014 Budget Proposal includes 

dedicated funding for rail infrastructure and services through the National High 

Performance Rail System (NHPRS) program. The NHPRS program is proposed at 

$6.4 billion in FY 2014 to maintain, modernize, expand, and improve the Nation’s 

rail capacity and services. This is part of the Administration’s five-year $40 billion reauthorization proposal 

funded from a new Rail Account of the Transportation Trust Fund. Dedicated funding from the Transportation Trust Fund for rail would bring it to parity with other 

modes who can make educated planning decisions for capital investments and service levels based on predictable funding levels. 

Question 5. When will we receive the Administration’s Amtrak reauthorization 

proposal? 

Answer. I understand that the President’s FY 2014 Budget Proposal is intended 

to serve as a detailed blueprint for reauthorization, as well as a mechanism to enhance safety, modernize our infrastructure and workforce, meet growing market demand, and ensure transparency. If confirmed, I look forward to working with Congress to accomplish these important goals as soon as possible. 

Question 6. Superstorm Sandy devastated the region’s transportation systems. New Jersey estimated more than $1 billion in damage and Amtrak estimated $336 

million. Congress has appropriated $13 billion for Sandy transportation damage and 

future mitigation. Will you commit to working with me to ensure that New Jersey 

transportation systems get their fair share to rebuild stronger and prevent future 

damage from storms? 

Answer. Thank you, Senator, for your continued work and support of public transportation, especially as we continue to recover from the single greatest transportation disaster ever to hit our country. 

I can assure that I will continue to work with you and all stakeholders to ensure 

that the impacted transportation network is fully recovered and that we take the 

necessary steps to build a more resilient system better able to withstand future 

storms. 

Question 7. The U.S. airspace system remains the most complex air traffic control 

(ATC) network in the world, and the current ATC system simply does not have the 

capacity to accommodate projected traffic growth in a safe and efficient manner. 

Further, the air traffic control tower at Newark Liberty International Airport—one 

of the most complex and busiest airports in the country—is consistently understaffed. To maintain our global competitiveness, we must make substantial improvements to upgrade our aviation system by adequately supporting current air traffic 

control efforts and implementing Next Generation Air Transportation System 

(NextGen) modernization. 

At FAA Administrator Michael Huerta’s 2010 confirmation hearing, Administrator 

Huerta committed to fully staff the Newark tower with certified controllers; however, as of April 2013, Newark had 22 certified professional controllers—the recommended range is 29 to 36. Will you commit to ensuring that the Newark Liberty 

air traffic control tower is fully staffed with certified professional air traffic controllers by the summer of 2014? Please provide a plan for how you will meet this staffing level. 

Answer. I understand that some of the FAA’s air traffic control facilities currently 

face staffing challenges. In addition, as a result of the reduced funding levels with 

sequestration, the FAA has a hiring freeze in place, which may only be modified 

with the approval of the Administrator. I will be pleased to work closely with Administrator Huerta to ensure that we have sufficient staffing levels at Newark and 

other facilities, given the budget constraints that the FAA is experiencing. 

55 

Question 8. Additionally, a high rate of attrition among controller trainees continues to be an issue at Newark Liberty. In addition to the simulator at the tower, 

what steps will you and Administrator Huerta take to improve and increase training? 

Answer. I understand that the FAA is in the process of revamping training programs for controllers and technicians and I will be pleased to follow up with Administrator Huerta on the overall training strategy and schedule. 

Question 9. Budget cuts imposed by the sequester have threatened to disrupt the 

efforts of the more than 1,000 employees at the FAA William J. Hughes Technical 

Center in New Jersey—efforts critical to the successful implementation of NextGen. 

As the Department continues to face difficult budget decisions, what steps will you 

take to ensure efforts at the Technical Center to modernize our air traffic control 

system are not delayed? 

Answer. I understand that the FAA is continuing to analyze the effects of sequestration on the implementation of NextGen. The William J. Hughes Technical Center 

is an integral part of NextGen’s success and I will be pleased to keep you updated 

on any effects of sequestration on the program and the facility. 

Question 10. Each year, on average 4,000 people are killed in truck crashes in the 

U.S. and another 80,000 are injured. Bigger and heavier trucks pose safety risks, 

including longer stopping distances and increased risks of rollover or trailer 

swaying. And long hours and demanding schedules contribute to truck driver fatigue, which has been recognized as a major safety concern and a contributing factor 

to fatal truck crashes—nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year. 

The 2012 surface transportation law, MAP–21, requires DOT to complete a twoyear comprehensive study on the effects of increasing truck sizes and weights on 

our Nation’s roads. Concerns have been raised by safety advocates about the contractor that was chosen to do the study because the contractor has previously done 

a number of studies in favor of heavy trucks. 

• Will you commit to working with the safety advocates to address their concerns? 

• Additionally, will you take steps to make sure that there is careful scrutiny of 

the key features of the study, including the study plan, data collection and analysis, the work of the contractor and subcontractors, as well as the Federal Highway Administration’s supervision of that work? 

Answer. Let me begin by assuring you that I understand that safety advocates 

have expressed their concern that the study be objective and free of any bias. I am 

aware that since the enactment of MAP–21, the Department has been working hard 

to accommodate requests to maximize stakeholder input, provide for independent 

peer review, and ensure the highest degree of impartiality of the entities that will 

be assisting with the study. Although I was not involved in the hiring decision of 

the contractor, if confirmed, I am committed to ensuring that the Department will 

waste no time in advancing work that will ultimately produce a comprehensive, objective, and data-driven report. 

Question 11. MAP–21 also requires the Department to complete a rulemaking to 

mandate all commercial trucks have Electronic On-Board Recorders, which help 

monitor the number of hours that truck drivers can be on the road to reduce fatiguerelated crashes. This rule has already faced some delays. Will you work to ensure 

that this rulemaking is completed and submitted to the Office of Management and 

Budget before the end of the year? 

Answer. If confirmed, I will work with FMCSA and the Office of Management and 

Budget to better understand the delays associated with this rule, and I will work 

toward accomplishing the requirements identified in MAP–21. 

Question 12. The National Highway Traffic Safety Administration (NHTSA) has 

been considering a rulemaking to require the installation of speed limiting devices 

on heavy trucks since 2011. However, the expected date for a proposed rule was recently delayed by another six months, until December 2013. Will you commit to 

working with me to ensure that this rulemaking is completed in a timely manner? 

Answer. If confirmed, I commit to working toward the completion of this rulemaking as expeditiously as possible. 

Question 13. MAP–21 requires NHTSA to issue eight regulations to improve motorcoach safety. Will you ensure that the basic motorcoach safety regulations are 

issued within the timeframes in the statute and without delay? 

Answer. I understand that the motorcoach safety regulations in the Motorcoach 

Enhanced Safety Act of 2012 are in various stages of development, and in one case, 

nearly completed. If confirmed, I will ensure that the Department does its best to 

56 

meet the balance of its responsibilities within the timeframes identified in MAP– 

21. 

Question 14. Although driving injuries and fatalities have decreased significantly 

over the past several decades, alcohol-impaired driving continues to result in more 

than 30 percent of motor vehicle fatalities. In 2011, 9,878 people were killed in 

drunk driving crashes, and 50 to 75 percent of drunk drivers whose licenses are suspended continue to drive. 

The Centers for Disease Control and Prevention found that re-arrest rates for 

drunk driving decreased by 67 percent for convicted drivers that had ignition interlocks as compared to those who just had their license suspended. What would be 

the safety benefits of requiring ignition interlocks for all first time drunk-drivers? 

Answer. Ignition interlocks have been shown to be highly effective in preventing 

repeat drunk driving offenses when installed on vehicles driven by drunk driving 

offenders. This preventative effect has been demonstrated for both those who have 

been convicted for their first drunk driving offense and those who have had one or 

more previous offenses. If confirmed, I will ensure that DOT continues to support 

the strategy of requiring that drunk drivers use ignition interlocks and to continue 

the progress that DOT has made in reducing the problem of drunk driving. 

Question 15. Since 2008, the auto industry has collaborated with NHTSA to invest 

in emerging technologies that would stop drivers from operating a vehicle if drunk, 

such as Driver Alcohol Detection System for Safety technology. The Insurance Institute for Highway Safety estimates the project, once fully realized, could save 7,000 

lives each year. How can DOT expedite the technology development? 

Answer. I understand that DOT is currently in discussions about a new research 

and development agreement with auto industry partners. The new agreement could 

represent a significant increase in the Department’s investment in technologies that 

would prevent drunk drivers from operating vehicles. This increased investment 

should allow additional technology development and testing. If confirmed, I will ensure that DOT remains committed to these types of efforts and to the development 

of vehicle technologies that reduce the problem of drunk driving. 

Question 16. The American Society for Civil Engineers estimates a five-year investment need of $2.2 trillion to meet the needs of our Nation’s infrastructure, including our Nation’s rails, bridges, roads, transit systems, and ports. A number of 

proposals have been introduced that would create an infrastructure bank to finance 

and fund large-scale, multimodal transportation infrastructure projects. The Administration has been supportive of utilizing both financing tools, such as the TIFIA 

loan program, and multimodal grant programs, such as TIGER, to build critical infrastructure. 

If you are confirmed, will you support including the authorization of a multimodal 

grant program in any national infrastructure fund or bank created to support transportation infrastructure projects? 

Answer. A well-functioning transportation system is critical to America’s economic 

future, and we need to increase our investment if we are going to maintain a wellfunctioning system. I believe both financing programs, such as TIFIA, and grant 

programs, such as TIGER, have an important role to play. 

In the Charlotte area, we’ve taken advantage of both financing and grant programs to get projects off the ground and start investing in the future. Through the 

TIGER program, DOT has invested $18 million in our light rail system, expanding 

its capacity to meet larger than expected demand. Without the TIGER program, it 

may have taken several years to assemble the funding to make the necessary improvements. TIGER also provided $10 million in funding for the I–85 Yadkin River 

Bridge outside of Charlotte to help get that project moving. The I–77 HOT Lanes 

project North of Charlotte has received a Private Activity Bond allocation and is 

also pursuing a TIFIA loan. 

Some projects can generate a revenue stream, and can be financed with loan programs; other projects cannot generate a revenue stream, and must be funded with 

grants. Some projects require a combination of loans and grants. I think that an 

effective infrastructure bank should have available both kinds of funding, with 

multimodal eligibility, so that it can assemble funding packages that can combine 

grant and loan funding to meet the unique needs of each project. This will allow 

us to leverage our limited funds by using grant funds only when they are necessary 

for a project to move forward. 

57 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. AMY KLOBUCHAR TO

ANTHONY FOXX

Question. Air Traffic Controllers and Towers. I am committed to investing in our 

Nation’s infrastructure and making sure we have the safest skies from airport to 

airport, both large and small. I have fought with my colleagues to keep both towers 

open and controllers on the job. 

Will you commit to protecting the safety of our national airspace system and investing in local communities of all sizes with economies that depend on their local 

towers and air fields? 

Answer. I can assure you that safety will be my primary focus, and that I will 

do what I can to avoid furloughs and contract tower closures. 

Fortunately, the Reducing Flight Delays Act of 2013 (P.L. 113–9) provided FAA 

with the budget flexibility needed to end employee furloughs across the agency and 

keep low-activity contract towers originally slated for closure open for the remainder 

of Fiscal Year 2013. The transfer authority allowed FAA to forestall some of the 

most acute impacts of sequestration to the flying public. However, as you well know, 

the current sequestration environment, if it continues, will require painful choices 

in the future, particularly at FAA. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK WARNER TO

ANTHONY FOXX

Infrastructure Bank 

Question 1. It is clear that we need solutions on how to make the necessary investments in our Nation’s infrastructure. We cannot fill that hole with additional 

Federal spending alone. We need to leverage private capital that, right now, is either sitting on the sidelines or being invested in other countries. To do that, I am 

proposing creation of a national infrastructure financing authority or revolving fund, 

modeled on the successful Export-Import Bank, that could use a modest one-time 

capitalization of $10 billion to leverage total project investment of $300 to $500 billion. 

• Is it your view that the TIFIA program has sufficient staffing and resources to 

perform its duties, including all credit and risk analysis? 

• Is it your view that U.S. infrastructure could benefit from an independent selfsustaining Federal entity, isolated from political influence, that could house a 

stable of credit and project finance experts and provide low interest loans and 

loan guarantees to viable infrastructure projects? 

Answer. It is my understanding that since the passage of MAP–21, the Department has taken a number of steps to implement the changes to the TIFIA program 

and expand the TIFIA Joint Program Office to meet increasing demand. If confirmed, I will work to ensure that adequate resources are available to carry out this 

program. 

I agree that finding sustainable funding for the Federal surface transportation 

program is an urgent challenge. Recently, President Obama reiterated his desire to 

create a national infrastructure bank. I believe this could be a great resource to help 

States invest in major transportation projects and create jobs in the process. If confirmed, I am committed to work with Congress and be part of the national conversation to find solutions on how to make the necessary investments in our Nation’s infrastructure. 

Performance Metrics 

Question 2. MAP–21 contained some good performance language, and they are 

currently working towards some proposed rulemakings on the subject. But, more 

work can be done to ensure we are looking across all modes, and moving towards 

a true linkage between funding and system performance. 

• What are your views on how we develop appropriate performance measures? 

• How do you think we can move towards a more performance-based transportation system so that our precious dollars are invested in the most cost-effective 

way? 

Answer. Good performance measures start with well-defined goals. We need to 

have a clear idea of what we want our transportation system to achieve, so we can 

design appropriate performance measures to track how well we are doing in achieving those goals. In setting performance measures, it is important to consult with 

stakeholders to develop measures that accurately measure performance and that are 

58 

feasible for States and localities to implement. The Department should also be 

mindful that variances between states and localities and, sometimes even within 

states, will not lend themselves to a one-size-fits-all evaluation of performance data. 

In order to invest our resources in the most cost-effective way, we need to apply the 

best analysis from planning, engineering, and economics to assess what investments 

will have the most cost-effective impact on raising our performance. Providing more 

resources for multi-modal programs with broader eligibility is a good way to steer 

dollars toward the infrastructure projects that will improve our performance most 

cost-effectively. 

Rail to Dulles 

Question 3. Secretary LaHood made it a top priority that we move forward with 

the Silver Line project that will bring metrorail to the Dulles International Airport 

and beyond, out into Loudoun County. A TIFIA loan is necessary to ensure that the 

three funding partners can move forward with phase 2 of this project. Can you commit to maintaining this project as a priority for U.S. DOT, and commit that U.S. 

DOT staff will maintain its effort and interest in moving this project forward? 

Answer. As it was a priority for Secretary LaHood, I can commit that this project 

will continue to be a priority for U.S. DOT. As a result of a Letter of Interest being 

submitted by MWAA, Fairfax and Loudoun Counties, three TIFIA loans—one to 

each borrower—are being evaluated. If confirmed, I will maintain U.S. DOT’s effort 

and interest in moving this project forward. 

NASA & Advanced Composites Certification 

Question 4. I have been working closely with NASA Langley and many industry 

stakeholders in the aeronautics field to bring about a public-private partnership focused on accelerating the development of advanced composite materials for use in 

the aviation sector. The FAA plays a crucial role in this area, due to the fact that 

they are responsible for the certification of every component used in new aircraft. 

Therefore, it is essential that the FAA plays an active role in the Advanced Composites Initiative being led by NASA Langley and that FAA works closely with all partners through the development of advanced composite materials. Can you commit to 

working with me to ensure that FAA remains an active and constructive partner 

in this endeavor? 

Answer. It is my understanding that the FAA has had a long-standing relationship with NASA in Composite Materials as well as in other areas. If confirmed, I 

will work with you to ensure that the FAA remains an active and constructive partner in this endeavor. 

FAA—One Engine Inoperative 

Question 5. I understand that the FAA is considering changes to its Part 77 determinations that would incorporate One Engine Inoperative (OEI) procedures. These 

procedures are currently conducted by airlines, and are dependent on the type of 

airplane involved, planned route, etc. The FAA change would result in a standardized rule nationwide that would also limit building heights near airports. My staff 

has met with some of the parties that might be affected by such a change, and I 

understand that the formula being considered by FAA would limit the heights of 

more than 4,000 proposed structures and about the same number of existing ones— 

including several hundred in Virginia. Given the huge impacts this change would 

have, many argue that a thorough and open rulemaking process is needed to ensure 

that all voices are heard before the FAA decides whether it will move ahead with 

the OEI issue. Can you provide any insight as to how you would approach this 

issue, and do you believe that there should be an open and thorough rulemaking 

process? 

Answer. The Charlotte/Douglas International Airport is the Nation’s 6th busiest 

airport. As Mayor of Charlotte, I had the opportunity to work with both the airlines 

and stakeholders on a range of issues. I understand how important it is to listen 

to all parties to ensure proper decisions are made. If confirmed, I will use my experience, along with the experience and research of the FAA, to further investigate this 

issue. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK BEGICH TO

ANTHONY FOXX

Question 1. Shipbuilding generates jobs at U.S. shipyards and in supplier industries, and given the importance of sealift to overseas DOD operations, ensures the 

U.S. maintains an industrial base in a critical national defense industry. We have 

tightened environmental regulations on U.S. shipping recently with the air emission 

59 

standards from the IMO’s Emission Control Areas (ECA). This has caused many 

U.S. flagged carriers to need to make large capital investments in upgrading their 

fleet or building new ships. When we last had major new ship-related environmental 

protection regulations under OPA ’90 we used Title XI authorities to provide federally-backed loans to help shippers meet the new mandates. Is it appropriate to look 

to Title XI again to help shippers with the new mandates under ECA? The administration has not requested any funding for Title XI in FY14. Why not? 

Answer. I strongly support the mission of the Maritime Administration, which is 

to improve and strengthen the U.S. marine transportation system to meet the economic, environmental and security needs of the Nation. The Title XI program’s existing funding capacity is estimated to provide over $400 million in loan guarantees. 

The Maritime Guaranteed Loan Program (Title XI) is only one of the programs 

that supports this mission. The TIGER program, Small Shipyard Grants, and the 

Capital Construction Fund also promote the growth and modernization of the U.S. 

merchant marine and U.S. shipyards. 

Question 2. There have been a large number of Jones Act waivers in recent years, 

including an unfortunate number of waivers during the Strategic Petroleum Reserve 

drawdown in 2011. While some waivers may occasionally be warranted, we want to 

ensure that Americans are capable of manning, building and maintaining ships in 

this country. What will you do to ensure waivers do not undermine confidence in 

the Jones Act? 

Answer. If confirmed, I would work to ensure that the Jones Act fleet is used to 

the maximum extent possible and that waivers are issued only when U.S.-flag vessels are unavailable. I also would continue working with industry and the Department’s Federal partners to ensure that U.S.-flag vessels are used to the maximum 

extent possible in any drawdown of the Strategic Petroleum Reserve (SPR). In addition, I would carry out the direction Congress has provided in legislation to maximize the use of U.S.-flag vessels in any drawdown and to ensure transparency related to any waivers of the Jones Act. 

Question 3. The Navy strongly supports the Jones Act because of the importance 

of maintaining a strong domestic shipbuilding infrastructure and a skilled worker 

base. A recent GAO study said the commercial shipbuilding industry is more important than ever because of reductions in military spending. What will you do to keep 

our military shipbuilding capabilities strong and affordable? 

Answer. It is my understanding that new construction projects are creating the 

prospects of much stronger employment in U.S. shipbuilding in the future, replacing 

some of the void left from a reduction in U.S. Navy shipbuilding contracts. If confirmed, I would work to ensure that our shipyards and their workers remain employed and capable. I understand that the America’s Marine Highway program is 

one mechanism that could provide an important new market for Jones Act vessels. 

Smaller shipyards are also benefiting from investments made under the Small Shipyard Grant Program, which enables them to produce or service vessels more efficiently. 

Question 4. America’s maritime heritage is memorialized with the preservation of 

historic ships and lighthouses and support for maritime museums and other organizations that support the U.S. sea services and the merchant marine. Funding for 

the National Maritime Heritage grants program comes from the profits of scrapping 

ships in the National Defense Reserve Fleet. There is about $6M available from ship 

scrapping for a grants program that would support preservation and education 

projects, and create jobs. Paperwork on this was forwarded by MARAD to the DOT 

executive level, yet has not moved from there. Do you support continuation of this 

program to assist in preserving America’s vibrant maritime heritage? 

Answer. If confirmed, I would continue to support preservation of America’s important maritime heritage and the continuation of the Maritime Heritage Grant 

Program. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BRIAN SCHATZ TO

ANTHONY FOXX

Question 1. The successful completion of Honolulu’s Rail Transit System is a top 

priority for Hawaii’s transportation system and successful economic development. 

Rail transit will take about 40,000 cars off of our roads each weekday, reduce congestion and connect people to jobs. Will you please confirm that the U.S. Department of Transportation (DOT) will honor the full funding grant agreement for this 

project and see it through to successful completion? 

60 

Answer. If confirmed, I will work with you, FTA, and the Honolulu Authority for 

Rapid Transportation (HART) to complete Honolulu’s Rail Transit System. I understand that FTA and HART expect the project to re-start construction this fall and 

that, subject to annual Congressional funding, FTA fully expects to advance the annual Federal-funding increments set out in the full funding grant agreement for this 

project. 

Question 2. Bus operations in rural and small urbanized areas are extremely vital 

to the State of Hawaii. For example, the Maui Bus was one of the fastest growing 

bus systems in the country during its first five years of operation (it began operations in 2006) enjoying more than 100 percent growth rates year over year. The 

system now carries nearly 3 million passengers per year. The Big Island’s Hele-on 

bus service, though smaller in total ridership has an equally important impact on 

Hawaii County. Unfortunately, both the Maui and the Big Island bus systems are 

nearly 3,000 miles from the closest Federal Transit Administration (FTA) Regional 

Office. 

Will you to look at the needs of these small, but vital systems and urge FTA: (1) 

to offer them the technical advice that they need and (2) to examine their operations 

and offer advice about effective use of the resources available to them? Time and 

distance can result in a lack of communication on the challenges these systems confront. Will you to support travel by FTA technical staff to meet with these agencies? 

Answer. If confirmed, I will work to provide assistance to rural areas on the Big 

Island and Maui. Similar to past assistance that FTA has provided for the completion of ferry harbor improvements on Lanai, Molokai, and Maui, FTA would extend 

resources to address the concerns and operations of the local bus systems. 

Question 3. For years, the Federal Government has used roadway design guidelines that fall far short of what is needed to protect cyclists and pedestrians, which 

has made streets unsafe for these vulnerable road users. Per capita vehicle miles 

traveled peaked in the U.S. in 2007. Recent studies have also shown that growing 

numbers of younger Americans are choosing not to get drivers licenses. People are 

cycling more and walking more, and thus pedestrian and cycling safety has to be 

a priority. Our nation’s transportation needs and travel preferences are changing 

and DOT needs to continue to change with them. 

As Secretary, will you follow through on Secretary LaHood’s plans to create a 

standard guide for modern streets that work for everyone who depends on them? 

When do you expect DOT to release new street guidelines? 

Answer. As Mayor of one of the country’s fastest growing cities, I understand the 

importance of meeting the increasing needs of bicyclists and pedestrians and ensuring their safety. In Charlotte, I helped make significant progress in improving the 

bicycle network in our city, establishing a bike share system, and making pedestrian 

improvements, including connections to transit. I also supported a Complete Streets 

initiative that accomplished many of our important safety objectives. I admire the 

work that Secretary LaHood has done regarding building modern streets that work 

for all users. I understand he recently held two bicycle safety summits to bring together Federal, State, and local officials, planners, designers, engineers, law enforcement, safety experts, and others throughout the bicycle community to get input into 

these standards and to identify innovative ideas for improving bicycle safety in 

every community. I share Secretary LaHood’s commitment to facilitating stakeholder discussions in this area, and these are efforts I would expect to continue if 

confirmed as Secretary. 

Question 4. In your confirmation hearing testimony, you discussed performance 

measures that DOT has to set under MAP–21. I am particularly interested in the 

performance measures on safety and what DOT will do to ensure that states measure the safety of all users, including bicyclists and pedestrians. As a share of overall 

roadway fatalities, bicycling and walking fatalities are on the rise and now make 

up 15.8 percent of all traffic fatalities. Unfortunately, few states prioritize non-motorized safety in their usage of Highway Safety Improvement Program (HSIP) funds. 

In fact, from FY 2007 to 2011, states used just 0.4 percent of their HSIP funds on 

non-motorized safety. 

Will DOT to create separate performance measures for motorized and non-motorized safety to help ensure that states examine their record on bicycle and pedestrian 

safety and take steps to improve it? 

Can you please describe how, under your leadership, DOT will ensure that the 

safety of bicyclists and pedestrians is addressed through performance measures 

without reducing the prevalence of biking and walking? 

Answer. Bicycling and walking are an increasingly important part of our transportation network, and offering the public safe transportation choices would remain a 

priority at the Department if I am confirmed as Secretary. 

61 

I understand that MAP–21 limits the Secretary to establishing performance measures in specific areas. However, as the Department moves through the rulemaking 

process to create performance measures, we would consider this and all comments 

received. 

Question 5. Given your work as Mayor, you are aware of the value of Complete 

Street policies. How do you envision Complete Streets principles influencing Federal 

policy? 

Answer. As Mayor of a city that has been nationally recognized as a model for 

Complete Streets planning and design, this is certainly an area about which I care 

greatly. I think it is important to keep in mind that each community has a unique 

context, such that the transportation needs in one area may differ from the transportation needs in another area of the country. If confirmed as Secretary, I would 

look for ways to help ensure that each community has the tools it needs to make 

transportation decisions that accommodate growth, create transportation choices, 

and improve livability. 

Question 6. In 2009, U.S. Environmental Protection Agency (EPA) Administrator 

Lisa Jackson, U.S. Secretary of Transportation Ray LaHood, and U.S. Secretary of 

Housing and Urban Development Shaun Donovan created an interagency Partnership for Sustainable Communities to help improve access to affordable housing, 

more transportation options, and lower transportation costs while protecting the environment in communities nationwide. This interagency collaboration around a common set of Livability Principles has accomplished much and helped communities in 

all states—including Hawaii. In order for silo-busting interagency efforts like this 

to succeed, clear, articulate direction and vocal, consistent support from the head 

of each agency is essential. This is particularly true at a time when DOT and EPA 

are both transitioning to new leadership. 

What will you do within the first 60 days of your tenure to clearly communicate 

to all DOT staff and external stakeholders that you intend to prioritize this partnership and the principles that guide it? 

Will you meet with HUD Secretary Donovan and EPA Administrator McCarthy 

(if she is confirmed) to discuss the future direction of this partnership within 90 

days of your confirmation? 

Answer. I support the Partnership for Sustainable Communities and, if confirmed, 

look forward to continuing to work closely with HUD and EPA in the next few 

years. America is ready for better connectivity, more transportation choices, and better quality of life. I applaud Secretary LaHood’s efforts to incorporate such principles throughout DOT’s policies and programs, and I will continue to find ways to 

invest in providing transportation choices for local communities. 

As Mayor of Charlotte, I supported our city’s efforts to become more livable and 

sustainable and welcomed the support of our Federal partners. In Charlotte, for example, funding from DOT was used to develop a new streetcar connecting people 

to the 10,000 jobs and array of top-flight medical services at Presbyterian Hospital. 

It will also connect to Central Piedmont Community College, whose students are all 

commuters, and the Charlotte Transportation Center for access to the Charlotte 

Area Transit System’s many bus lines and Lynx light rail system. 

I am thrilled to continue working with Mayors across the country on similar 

projects, creating jobs and economic development by providing mobility choices. 

Question 7. Hawaii is one of the most remote inhabited places on the planet. This 

means that Hawaii has some unique transportation needs that make it very different from any other state. For example, we are more reliant on air and maritime 

transportation than other states. We have enjoyed a close working relationship with 

DOT to help address these needs. Will you commit on the record that DOT will continue to recognize and help address Hawaii’s unique transportation needs? 

Answer. I am aware of Hawaii’s unique transportation issues, and that DOT has 

made several investments in Hawaii’s transportation facilities in recent years. The 

Maritime Administration established a partnership in 2005 with the Hawaii Department of Transportation, Harbors Division to assist them in developing and modernizing the various commercial harbors within the State. In establishing this program, 

the agency’s role has been to provide Federal oversight and coordination of projects, 

to act as a central procurement organization, leveraging Federal and non-Federal 

funding resources, and streamlining the environmental review and permitting process. Approximately $3 million has been spent for improvements at Kawaihae Harbor 

under this initiative. 

In 2009, the Department awarded a TIGER grant of $24.5 million to the State 

of Hawaii for improvements to the Pier 29 container yard in Honolulu. In 2011, Hawaii received another $13.5 million for improvements to Saddle Road on the island 

of Hawaii. 

62 

The EAS program continues to provide a vital safety net for communities in Hawaii with a guarantee of air service to some of the most isolated communities in 

the Nation. All communities in Hawaii that received regularly scheduled air service 

from a certificated airline are guaranteed to continue to receive at least some level 

of scheduled air service going forward. 

Question 8. Modernization of our Nation’s airport infrastructure and the air traffic 

control system is important to the efficiency of the Nation’s air transportation system. The travel and tourism industry, which is a key economic driver in my home 

state of Hawaii, relies on the national airspace system to move approximately 750 

million passengers each year. It is expected that the number of passengers traveling 

by air will increase to one billion by 2015. Modernizing airport infrastructure and 

the air traffic control system will assist in eliminating flight delays and managing 

the increased passenger capacity. 

Given the importance of improving the Nation’s airport infrastructure, what recommendations would you make, if any, for policy changes to ensure airports have 

adequate funding for infrastructure costs? 

Answer. The President’s 2014 budget proposal includes an increase in allowable 

PFC collection authority per enplaned passenger for commercial service airports. 

This would give these airports greater flexibility to access capital funding sources 

with less reliance upon the Federal Government. If all commercial service airports 

increase the PFC collection to the level proposed in the President’s budget that 

could generate significant additional annual funding sources for airport projects. 

There may be other ideas out there to be considered, and I look forward, if confirmed, to working with Congress and the Administration to finding a solution to 

this important issue. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. WILLIAM COWAN TO

ANTHONY FOXX

Question. We all know that our highway infrastructure is critical to our Nation’s 

success, and also that it needs to be improved. Part of that improvement includes 

better ways to communicate and provide information to alleviate congestion while 

at the same time enhancing safety. 

What are your thoughts on how to improve our highway information and communications systems? Specifically, what are your thoughts today on the value of technologies that are (or will be) integrated into our highway system and vehicles? 

Answer. I understand that one of the most effective tools we can use to increase 

safety and reduce congestion on our roadways is technology. Intelligent Transportation Systems (ITS) applications connect information and communications technologies with infrastructure, and with State Department of Transportation partners, 

DOT has already deployed ITS applications for improved traffic management, mobility and emergency management across many sectors of the highway system. I am 

becoming more familiar with the work that the Department is doing with its partners in the private and academic sectors to develop technology that would allow vehicles to communicate with one another—vehicle-to-vehicle technology—and that 

would allow vehicles to communicate with the roadways, traffic signals, and other 

infrastructure—vehicle-to-infrastructure technology. 

I believe that this technology has the potential to significantly reduce the number 

of crashes on our roadways and save lives. That same connectivity also can help 

manage traffic on roadways, use the existing infrastructure more efficiently, and reduce congestion for drivers. Reduced congestion saves both time and fuel, and reduces emissions. 

While these technologies offer enormous potential, I would, if confirmed, want to 

make sure that these systems protect driver privacy, avoid driver distraction, and 

are secure. If confirmed, I look forward to working with the Department to ensure 

that the Department continues to work with its partners throughout the public, private, and university sectors to deploy this and other developing technologies to increase the safety and capacity of our roads. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

ON BEHALF OF HON. SHERROD BROWN

Question 1. If confirmed, will you ensure that the basic motorcoach safety regulations in the Motorcoach Enhanced Safety Act of 2012, included in MAP–21, are 

issued within the statutory timeframes and without delay? 

63 

Answer. I understand that motorcoach safety regulations in the Motorcoach Enhanced Safety Act of 2012 are in various stages of development, and in one case, 

nearly completed. If confirmed, I will ensure that the Department does its best to 

meet the balance of its responsibilities within the timeframes identified in MAP– 

21. 

Question 2. The MAP–21’s motorcoach safety regulations were based on longstanding recommendations made by the National Transportation Safety Board and 

was sponsored by members of the Senate and the House, supported by industry and 

safety advocates—including crash victims and their families. Can you give your 

pledge that you will do everything in your power to make motorcoach safety a top 

priority of your administration? 

Answer. Safety is my number one priority and, if confirmed, I am committed to 

improving motorcoach passenger safety. The Department is currently undertaking 

an extensive array of research activities and considering rulemakings to improve 

passenger safety on motorcoaches. 

The insights offered by bus manufacturers and operators, consumer advocates, the 

National Transportation Safety Board, researchers, and many others will be critical 

to developing a strategic approach for making motorcoach transportation safer for 

the American public. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

ANTHONY FOXX

Question 1. The Federal Motor Carrier Safety Administration’s CSA (Compliance, 

Safety, Accountability) program is an enforcement and compliance model that targets motor carriers for safety reviews based on their scores in seven ‘‘BASICs’’. 

Many industry stakeholders have criticized CSA, and point to the fact that scores 

in some of the BASICs may not bear a statistical correlation to crash risk. They are 

also concerned about the publication of BASIC scores on the FMCSA website, and 

worry that it will cost some companies business unfairly. If confirmed, will you commit to conducting a comprehensive review of the CSA program? 

Answer. Safety is my number one priority. I believe the FMCSA team is working 

to increase safety through the CSA program, and I look forward to working with 

them as they continue to enhance the program. 

Question 2. The Passenger Rail Investment and Improvement Act of 2008 (PRIIA) 

required that railroads install Positive Train Control (PTC) on all lines carrying 

passengers or toxic-by-inhalation materials, by December 31, 2015. Freight and passenger railroads have both expressed concerns about this mandate, and many railroads seem unlikely to meet the deadline. You worked with Norfolk Southern to construct the Charlotte Intermodal Regional Facility. During your work with them, did 

you ever discuss the PTC mandate? Would you support efforts in Congress to extend 

this deadline? How would you proceed if a freight or passenger railroad was unable 

to meet the deadline for PTC implementation? 

Answer. I did not specifically discuss PTC with Norfolk Southern. While I am 

aware of industry and U.S. Department of Transportation (USDOT) concerns with 

the implementation schedule, this technology is Congressionally mandated. If confirmed, I would examine this issue carefully and work with the rail industry to ensure compliance as soon as possible. My approach on these issues would depend 

highly upon the circumstances. Under my leadership, the Department would work 

hard to be a good partner with industry, Congress, and other stakeholders to 

achieve compliance and the safety objectives of the statutory mandate as an initial 

priority precisely to obviate the need for enforcement activity. 

Question 3. In your Committee questionnaire you cite several examples of major 

transportation achievements you have made in Charlotte as mayor, including breaking ground on the Charlotte Streetcar Project, extension of the LYNX light rail system, the Charlotte Regional Intermodal Facility, and a third runway at Charlotte/ 

Douglas International Airport. As you note, this was all done ‘‘despite the resourceconstrained environment in which we have had to operate.’’ Can you provide an 

overview on how you were able to finance these specific projects? Please include the 

total cost of each project, as well as the amount of funds the city, county, State, Federal Government, and private partnerships contributed to each project. For Federal 

contributions, can you include the specific program these funds came from and if 

they were loans or grants (competitive, formula, or congressionally directed)? 

Answer. In 2010, the City Council set aside $12M in capital savings and submitted an application for an USDOT Urban Circulator grant, which we later reVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00067 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\85820.TXT JACKIE
64 

ceived. The urban circulator grant (competitive) of $24.99M was awarded in 2010, 

and the total cost of the project is $37M. 

The Lynx Blue Line Extension (BLE) is the newest light rail project in Charlotte 

and is scheduled for service in 2016/2017. The projected cost of the project is 

$1.162B and is the largest single capital project in the history of Charlotte. The 

local match of $281M will be paid for using the local transit sales tax. The state 

of North Carolina has agreed to provide $299.1M in matching funds. We obtained 

a full funding grant agreement under the USDOT’s New Starts Program of $580M 

(competitive) to complete the project’s funding. 

Beyond these two projects, I initiated a transit funding working group composed 

of local business leaders, regional community leaders, and elected officials to develop 

a strategy for completing our transit plan, which is currently underfunded by $4.5B. 

The final report was released in May 2013, and calls for an array of revenue sources 

to complete the region’s 2030 Transit Plan, including expanded transit sales tax, increased use of tax increment financing, municipal service districts, and other private-public partnership tools. This report will be the blueprint from which future 

regional leaders will seek State legislative approval to move the transit system forward. 

The Charlotte Intermodal Facility is a $92M public-private partnership. The City 

of Charlotte offers lease terms to Norfolk Southern for more than 166 acres of land 

having a fair market value of $9.7M. The annual lease payments will be ten percent 

of the fair market value. Norfolk Southern is also investing more than $76M in direct expenditures to construct the facility, which is also supported by a $15M grant 

from the Federal Rail Administration’s Freight Intermodal Distribution Pilot Grant 

Program, which is administered by FHWA. The total cost of the intermodal facility 

is estimated at $92M. 

The third parallel runway was a $200M project and was supported by local airport enterprise funds ($70.3M), the North Carolina Department of Transportation 

($3M) and Federal grants ($129.1M)—which as I understand it were funded through 

the Federal Aviation Administration’s Airport Improvement Program. 

Question 4. When North Carolina received American Recovery and Reinvestment 

Act (ARRA) funds to build a high speed rail in your state, I understand that you 

led a bipartisan coalition of mayors to persuade the state legislature to accept the 

funding. Why did you decide to take on this cause, why do you think you were successful, and what was your biggest challenge? 

Answer. North Carolina received $461M of high-speed rail funds to pay for upgrades to tracks between Raleigh and Charlotte, to complete bridges and crossing 

safety improvements, to improve speed and reliability of passenger service, as well 

as station expansions in four cities along that path, and construction of a maintenance facility in Charlotte. Aside from these general statewide advantages, within 

the Charlotte area, the improvements benefit the Blue Line Extension and the proposed Red Line Commuter Rail from Center City Charlotte to the northern towns 

of Huntersville, Cornelius, and Davidson, reducing the cost of both projects. For example, the $129 million NS/CSX Grade Separation project in Center City Charlotte, 

which primarily benefits freight and intercity passenger rail passing through the 

City, provides secondary benefits to the proposed Red Line Commuter Rail project. 

In other words, the value of the investment could be leveraged across multiple longrange and short-range rail capacity enhancements in our area. We were successful 

because local communities, both rural and urban, and political leaders, both Democratic and Republican, joined together and made a forceful case that the investments gave our state a competitive edge. Our biggest challenge was that the bill 

to reject high speed rail funds was moving fast, and we had to pull together the 

coalition quickly. 

Question 5. In your Committee questionnaire you mention that as a member of 

the U.S. Conference of Mayors (USCM) you participated in legislative matters 

brought before the Conference. Please provide a list of any of these matters that 

were transportation related and explain the level and nature of your participation. 

Answer. I listed the USCM legislative agendas, which are approved annually by 

the full body of the Conference and always on a voice vote. The following are matters approved by the Conference during my tenure: 

2010 Annual Meeting—Oklahoma City 

Adopted Resolutions on Transportation and Communications: 

http://usmayors.org/resolutions/78thlconference/AdoptedResolutionsFull.pdf 

• Investing in America’s Emerging High Speed Rail Network 

• The Tiger Grant Program 

65 

• Improved Transit Funding 

• Promoting Sustainability and Local Economies Through Public Transit 

• Streetcar Renaissance and Leadership 

• Calling on the Obama Administration to Create an Office Dedicated to the Promulgation of Sustainability Principles Practices and Policies 

• HUD, DOT, and EPA Partnership for Sustainable Communities Support for 

Sustainable Development in Cities 

• America’s Clean, Domestic, and Affordable Urban Transportation Solution 

• Recommendations of the U.S. Conference of Mayors that a National High-Speed 

and Intercity Passenger Rail Funding Source Be Included in the Surface Transportation Reauthorization 

2011 Annual Meeting—Baltimore 

Adopted Resolutions on Transportation and Communications: 

http://usmayors.org/resolutions/79thlconference/AdoptedResolutionsFull.pdf 

• In Support of the President’s High Speed Rail Initiative 

• A Metropolitan Transportation Reauthorization 

• Acceleration of Locally Sponsored Transportation Projects in the Federal Program Through Local Grant Administration ‘‘America Fast Forward: Creating 

Jobs the Right Way’’ 

• In Support of Increasing the Passenger Facility Charge 

• In Support of the Use of Red Light And Speed Safety Cameras to Reduce Injuries and Fatalities on Our Nation’s Roads 

2012 Annual Meeting—Orlando 

Adopted Resolutions on Transportation and Communications: 

http://usmayors.org/resolutions/80thlconference/ 

• Federal Funding for Pedestrian and Bicycle Programs 

• In Support of Alternative Modes of Transportation, Such as Bikesharing Programs, As a Means to Increase Transportation Mobility and Mode Choice 

• State Substitution for NEPA Resolution 

• Capital Investment Grant Program 

• America Fast Forward: Rebuilding Our Infrastructure and Generating Jobs 

• In Support of High Speed Rail 

• National Exports and Ports Policy 

• Require that the U.S. Department of Energy Focus on the Treatment and Storage of Radioactive Waste On-site Where Appropriate to Mitigate Health and 

Environmental Risks of Transporting Low, High and Mixed Level Waste to Offsite Treatment Facilities 

• Supporting Electric Vehicles 

Question 6. The Maritime Administration has indicated that as a result of sequester participants in the Maritime Security Program (MSP) will receive only part of 

their monthly stipend in August 2013, and will receive no stipend in September 

2013. If confirmed, are there steps you can take as Secretary to prevent vessels from 

leaving the MSP, or to otherwise mitigate the impacts of sequester on the MSP? 

Answer. If confirmed, I would make certain that all available funding in Fiscal 

Year 2013 is accounted for in order to be available to the agreement holders to minimize the shortfall in funding. I would also work to ensure that the Maritime Administration continues to engage in open dialogue with the MSP agreement holders so 

that they can adequately plan and prepare for any financial shortfall. 

Question 7. Are you familiar with the Federal Highway Administration’s use of 

‘‘Project Labor Agreements’’ on large scale Federal procurement projects? Do you 

feel that the way they are currently utilized is appropriate and beneficially to taxpayers? 

Answer. In February 2009, President Obama issued Executive Order 13502 on the 

use of project labor agreements (PLA) for Federal construction contracts. I believe 

that PLAs are beneficial to taxpayers because they assist in promoting the economical, efficient, and timely completion of construction projects. The Executive Order 

specifically permits the use of project labor agreements in connection with largescale construction projects receiving Federal financial assistance, including projects 

financed by the Federal Highway Administration. 

66 

Question 8. The Federal Government currently limits the length and weight of 

trucks on certain highways, and in many cases these laws simply do not make 

sense, and actually have a negative impact on safety, highway maintenance, and the 

State’s economy. For example, in South Dakota, several two lane highways have 

been four landed since the 1991 LCV free took effect, yet LCVs are forced to use 

less safe two lane routes which were grandfathered, some of which increase trip 

lengths by hundreds of miles. Do you think it’s time to reevaluate Federal policy 

and consider allowing states to make commonsense changes to their size and weight 

regulations 

Answer. I understand that Federal statutes limit the size and weight of trucks 

on certain highways. It is also my understanding, though, that the Department is 

currently conducting a comprehensive truck size and weight limits study that 

should help inform this exact issue. I understand that the Department is working 

hard to accommodate requests to maximize stakeholder input, provide for independent peer review, and ensure the highest degree of impartiality of the entities 

that will be assisting with the study. If confirmed, I am committed to ensuring that 

the Department will waste no time in advancing work that will ultimately produce 

a comprehensive, objective, and data-driven report to Congress. 

Question 9. Many motor carriers have begun conducting hair tests for drugs as 

they have found this testing method to be far superior to urine-based tests. In fact, 

these companies have found that a hair test is three times more likely to detect illegal drug use. Yet, the Department of Transportation will not accept the results of 

hair tests to meet regulated drug testing requirements. Knowing that hair tests can 

keep many more truck drivers who use illegal drugs off the road, do you think the 

Department of Transportation should encourage hair testing by allowing it to be 

used to meet regulated testing requirements? 

Answer. If confirmed, I will follow the U.S. Department of Health and Human 

Services’ (HHS) drug testing guidance, and if HHS decides to recognize hair testing, 

I will work with the motor carrier and other regulated industries and all other affected parties to determine how to use hair testing to meet the Department’s drug 

testing requirements. 

Question 10. In the past year both the Federal Highway Administration (FHWA) 

and the Federal Transit Administration (FTA) have taken the position that the Buy 

America Act applies to utility relocation work. In the case of FHWA, it appears that 

the agency would extend the Buy America Act requirements to projects being funded 

directly by cities or municipalities if the utility relocation project is related to a federally-funded project. Do you believe that the Buy America Act requirements should 

apply to utility relocations? If you are confirmed, would you commit to reviewing 

the current status of the FHWA and FTA interpretations of Buy America? 

Answer. I agree with supporting American workers. I further understand that 

MAP–21 amended the Buy America statute, and, those amendments have been interpreted to broaden the application of Buy America requirements to any contract 

eligible for Federal highway funding within the scope of an applicable National Environmental Policy Act document regardless of the contract’s funding source, including utility relocation work even when not paid for with Federal-aid funds. I understand that Secretary LaHood has heard from concerned stakeholders about this 

issue. If confirmed, I will also engage stakeholders, and I would be happy to meet 

with you to discuss the Department’s implementation of the provision. 

Question 11. As you know, MAP–21 replaced the Indian Reservation Roads Program with the Tribal Transportation Program and the Indian Reservation Roads Inventory was replaced with the National Tribal Transportation Facility Inventory 

(NTTFI). Can you provide the Committee with an update on recent actions of the 

Federal Highway Administration (FHWA) and the Bureau of Indian Affairs (BIA) 

to consult with tribes under this new program as well as the actions of the respective departments to update regulations used to determine the eligibility of roads to 

be added to, or remain in, the NTTFI? Can you also provide the Committee with 

information regarding the NTTFI quality assurance review and ongoing actions to 

improve the accuracy of the NTTFI? Can you provide a timeline for when the 

FHWA and BIA estimates a formal rulemaking will be completed for new regulations necessary under MAP–21, including those concerning the NTTFI, and when 

additional consultations will take place? 

Answer. Although I am not privy to the specific actions the FHWA and the BIA 

have taken to date, I am aware that the two agencies are facilitating discussions 

with Tribes under this new program in an effort to ensure meaningful consultation 

regarding the new program and the inventory. These are important discussions to 

have, and if confirmed, I am committed to ensuring that the necessary governmentto-government dialogue continues and that any required rulemakings are completed 

67 

as expeditiously as possible, taking into consideration tribal consultation and all 

public comments received. 

Question 12. The Committee would like to understand obligation patterns for the 

programs of the Federal Aviation Administration (FAA). Please provide actual obligations for the last quarter of FY 2012 as well as the first two quarters of FY 2013 

and estimated obligations for the remaining two quarters. Please provide this information by line of business and account. 

Answer. As a nominee, I am not personally familiar with the information requested but I understand that the Department and FAA have been in communication with your office on this request and have worked out an agreement. 

Question 13. As a result of the sequester which contracts were amended and what 

were the costs associated with these contract adjustments? What methodology did 

FAA utilize to revise contracts given the sequester? Have contracts been amended 

to include new language to give FAA the flexibility to adjust contracts subject to 

the availability of funds? 

Answer. As a nominee, I am not personally familiar with the specific information 

requested but I understand that DOT and FAA have been in communication with 

your staff on this request and will be providing information about the process used 

to review contracts for potential reductions. I am told that the majority of actions 

FAA has taken to date did not require contract modifications, but instead were decisions not to award new task orders or additional funding on existing contracts and 

not to award new contracts. I am informed that all FAA contracts, regardless of contract type, include clauses granting the agency flexibility in response to the availability of funding. I am informed that these clauses were included at award. 

Question 14. It has been reported that FAA contracts are susceptible to mismanagement and, as a result, can experience large budget overruns. What methodology is currently in use to safeguard against such mismanagement in the future? 

What new methods are being explored to safeguard against budget overruns? 

Answer. As a nominee, I am not personally familiar with the methodologies requested. I am informed that FAA has taken a multifaceted approach to contract 

management. I understand that methods include formal pre-and post-awards reviews by the FAA’s finance, acquisition, and information technology offices, oversight of all significant acquisitions by the FAA’s investment review board, and improved training of acquisition personnel. I am told that the FAA also uses earned 

value management and a variety of data mining techniques and metrics to monitor 

its contracts and look for opportunities for cost savings as well as detect possible 

problems. I am informed that effective review of proposed acquisitions, especially requirements for support services has allowed FAA to reduce redundant requirements/ 

solutions, ensure programs have adequate controls established to administer contracts and reduce overall agency risk associated with major acquisitions. 

Question 15. What other savings was realized due to the sequester that would impact the FAA’s FY 2014 budget? What long term plans are in place to reflect a further commitment to finding savings in the FAA budget? Please provide this detail 

by account and by line of business. 

Answer. As a nominee, I am not personally familiar with the specific information 

requested regarding savings in the FAA budget that would impact the FY2014 

budget. Unless we find a solution to sequestration, FAA will again be faced with 

making difficult choices in order to operate at a reduced funding level in FY 2014. 

If confirmed, I look forward to working with you, other members of Congress, and 

the Administration to find a solution to replace the across-the-board budget cuts 

mandated under sequestration with balanced deficit reduction that restores critical 

services to the American public. Even if we do not reach such a solution, I am committed to working with you to make every effort to preserve safety and efficiency 

of our national airspace system as we implement these painful cuts. 

Question 16. FAA has indicated that in January 2013, the Agency granted ‘‘pay 

increases’’ (including, but not limited to OSIs, SCIs, and cash awards) to a quarter 

of the agency’s 45,000 employees. When were these increases approved, and what 

was the total dollar amount provided in January? (Please provide details on the 

breakout by appropriations account and by line of business.) 

Answer. As a nominee, I am not personally familiar with the specifics of this decision. I understand, however, that in 1996, Congress passed a law directing the FAA 

to create a compensation system that provided greater flexibility to address the 

‘‘unique demands on the agency’s workforce.’’ In response to this directive, I understand that the FAA replaced the general schedule pay scale with a compensation 

system designed to incorporate pay for performance measures in order to operate 

more efficiently and effectively as an organization. Under FAA’s Core Compensation 

system, general increases, longevity-based step increases, and quality step increases 

68 

paid under the Federal General Schedule system were eliminated and replaced with 

two new types of annual performance-based increases: Organizational Success Increase (OSI) and Superior Contribution Increase (SCI). Using OSI and SCI, FAA 

ties agency performance and individual performance to employee annual pay. 

I am informed that in January 2013, in accordance with the Core Compensation 

system, approximately one quarter of FAA’s 47,000 employees and operational managers received a small pay increase averaging 1.6 percent. 

Question 17. It is our understanding that as a result of collective bargaining 

agreements with employee unions, many FAA employees will receive 1.6 percent 

pay increases this June unless a prohibition of within grade step increases is enacted by statute. What is the projected cost of these pay increases for FY 2013 and 

FY 2014 that are guaranteed by the union contracts? Will the FAA need to adjust 

any spending plans to accommodate such pay increases? Given the tight budget environment for the foreseeable future, how will you balance employees’ requests for 

higher pay with the need to deliver a safe and efficient national airspace system 

within budget realities? 

Answer. While I am not familiar with the details of these agreements, I am informed that approximately 25,000 FAA employees, including air traffic controllers, 

technicians, and engineers, will receive pay increases this June as required under 

their collective bargaining agreements. A core component of preserving our safe and 

efficient national airspace system is ensuring we retain a qualified, well-trained 

workforce. 

Question 18. It is our understanding that reemployed annuitants and term employees were separated from service due to the sequester. How many of these types 

of employees did the FAA and DOT have? How many were separated? How much 

money did those separations save the FAA and DOT compared to full time employees? 

Answer. As a nominee, I do not have personal knowledge of the facts requested. 

However, I understand, as of today, 168 of FAA’s temporary employees and re-employed annuitants have separated from service due to the agency’s mitigating actions put in place after the sequester’s mandatory budget cuts were imposed. I am 

further advised that the estimated FY 2013 cost savings for separations of FAA temporary employees and re-employed annuitants is $4.9 million in the Operations Account and $ 263 thousand in Facilities and Equipment. 

Question 19. The Charlotte Douglas International Airport(CLT) control controversy has been referred to in the press as your ‘‘biggest struggle as mayor.’’ This 

March, a bill passed the North Carolina Senate, and is expected to pass the House, 

to remove Charlotte Douglas International Airport from city control and hand it 

over to a regional authority. In May, a city-commissioned report by independent consultant Oliver Wyman also concluded that the airport should be governed by an 

independent authority, citing reduced political involvement in airport management 

and greater assurances that airport spending avoids expanding from government influence. Can you explain why an independent consultant hired by the city and the 

North Carolina Senate both proposed to transfer control of the airport away from 

the City of Charlotte now, after the City has successfully run the airport for over 

50 years? 

Answer. The North Carolina State Legislature appears to be on a path of converting all major airports within the State authorities. I note that similar legislation 

was passed last year to convert the city-controlled Asheville airport into an authority. Having interviewed all stakeholders and considered the reasons offered by proponents of changing airport control, the independent consultant found: 

It is important to stress that our conclusion as to the best form of governance 

for the Charlotte Airport is not based on any real or perceived wrong-doing, 

mismanagement, or other failing by the City of Charlotte. In fact, just the opposite. As is well-recognized, the Airport has thrived under City management, 

with the lowest costs among peers, a high customer service ranking, and proven 

ability to plan and execute capital expansion and improvement programs. The 

Airport has continued to innovate, from rocking chairs to restroom attendants, 

to the intermodal rail facility. Furthermore, during our interviews, we did not 

detect any suggestion that the Airport suffers from the issues/problems that 

have triggered additional oversight and governance changes at other airports, 

such as patronage, political favoritism, or contracting irregularities. 

The report further finds that the airport is ‘‘the most unlikely candidate for a 

change in governance than any of its peers.’’ Having reviewed the report, I believe 

the consultant reached a conclusion that an authority is an industry best practice 

and should be considered by the city irrespective of the current legislative effort. 

69 

Question 20. In April, a Wall Street Journal editorial listed ways in which the 

City of Charlotte proposed to increase operating expenses and taxes at CLT airport, 

increasing air travel costs and potentially jeopardizing the airport’s status as a hub. 

In a constrained sequestration budget environment, if confirmed will you ensure 

that airport operating expenses are minimized by maintaining vigilant oversight 

and enforcement of the law prohibiting airport revenue diversion? For example, 

would it be inappropriate to be build a rail yard for a city streetcar line on airport 

property using airport funds? 

Answer. To the first question, yes. Again, the Charlotte-Douglas International 

Airport remains one of the lowest cost, highest efficiency airports in the United 

States and recent cost concerns arose from a well-known, widely-publicized security 

breach in which a loss of life occurred. If anything, this should reinforce the importance I have placed on safety. Further, under my stewardship of the airport, there 

has not been a single instance of airport funds being diverted for a non-airport purpose. On the second question, I have supported using airport grounds for rail yards, 

as the aforementioned intermodal facility attests. Having said that, I am not aware 

of an instance in which Charlotte or any other city has ever proposed putting a ‘‘rail 

yard for a streetcar line’’ on an airport premises. There are, however, many positive 

instances of airports employing transit—either by bus or rail—to connect airport 

users to cities. If confirmed and presented with a request to use limited funds to 

support a transit connection to an airport, I would be guided by all applicable statutes, rules and regulations as well as competing proposals and national aviation 

needs in assessing whether to support such a connection. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROGER F. WICKER TO

ANTHONY FOXX

Question 1. The future success of America’s transportation system depends on its 

ability to connect all corners of America. If confirmed, what do you plan to do in 

order to ensure that America’s transportation system serves all Americans, regardless of whether they live in urban or rural America? 

Answer. The desire for safe, affordable, and accessible transportation is shared by 

every American community, whether urban, suburban, or rural. If confirmed as Secretary, I will work to ensure that America’s transportation system works for all 

Americans, not just those located in certain areas of the country. To accomplish this 

objective, I will work within the Department’s Modal Administrations, stakeholders, 

and the public to develop policies and programs that provide states, MPOs, and 

communities a menu of options to consider when deciding whether to plan or implement transportation projects. This will ensure that the transportation resources and 

tools needed to address economic, environmental and social concerns for all communities are available and in-use. 

One great challenge we face is developing consensus in working on effective and 

appropriate ways to fund these investments. If confirmed, I look forward to working 

with you, the Administration, with Congress, and other stakeholders to address this 

critical issue. 

I am aware that MAP–21 provides new opportunities for the Department to connect all corners of America. The consolidation of existing programs and creation of 

new programs should help the Department strengthen our transportation system 

and better serve the American public. Like those in large metropolitan areas, rural 

Americans greatly depend on transit to access schools, jobs and job training. Our 

transportation system must meet the demands of a growing economy and provide 

efficiency in the movement of people and goods. Under my leadership, the Department will continue to focus on meeting the needs of large and small cities and rural 

areas. 

Question 2. The Reducing Flight Delays Act gave the FAA increased flexibility to 

fund air traffic controllers, contract towers, and other vital FAA programs. The act’s 

passage showed that we can prioritize and make modest savings in our non-defense 

budget without inflicting painful service disruptions. Sadly this provided only a 

short term solution in our continually constrained budget environment. How do you 

plan to implement sequestration budget cuts across the department without service 

disruptions, furloughs, or cuts to important cost effective safety programs, such as 

the Federal Contract Tower Program? 

Answer. Safety is my number one priority. If confirmed, I will thoroughly review 

each Operating Administration’s budget controls to ensure safety remains our top 

priority, and I look forward to working with Congress to ensure that transportation 

safety is not compromised due to sequestration. While the flexibility in the Reducing 

Flight Delays Act allowed the FAA to maintain its core safety functions, I am conVerDate Nov 24 2008 06:56 Dec 11, 2013 Jkt 075679 PO 00000 Frm 00073 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\85820.TXT JACKIE
70 

cerned that the cuts made to system modernization projects and airport improvement projects removes capital dollars that may not be replenished. 

Question 3. The maritime industry is by far the most economical form of domestic 

transportation, moving more than 1 billion tons of cargo annually at a fraction of 

the cost of other modes. The domestic maritime industry transports one-quarter of 

America’s domestic cargo for just 2 percent of the national freight bill. America’s domestic shipping industry is responsible for nearly 500,000 jobs and more than $100 

billion in annual economic output. All of these advantages are dependent upon the 

Jones Act. I am interested in hearing your views on this important issue. 

Answer. If confirmed, I will continue the Department’s strong and historic support 

of compliance with the Jones Act. 

I would also work to ensure that we have maximum use of the Jones Act fleet 

and that waivers are issued only when U.S.-flag vessels are unavailable. In addition, I would carry out the direction Congress has provided in legislation to maximize the use of U.S.-flag vessels in any future drawdown of the Strategic Petroleum 

Reserve (SPR) and to improve transparency related to any waivers of the Jones Act. 

Question 4. The Maritime Administration is responsible for administering the 

Maritime Security Program, which was recently reauthorized through 2025 in last 

year’s NDAA. Under the reauthorized program, the Department of Defense will continue to have access to the U.S.-flag commercial assets—ships, mariners, and intermodal logistics networks—that transported 95 percent of the DOD supplies transported during Operation Iraqi Freedom and Operation Enduring Freedom. What is 

your position on the reauthorized MSP program and its importance to the maintenance of the U.S.-flag fleet? 

Answer. I understand the importance of the MSP program to the maintenance of 

the U.S.-flag fleet and fully support it. I further understand that the Department 

worked with Congress to ensure extension of the MSP as part of the National Defense Authorization Act of 2013, due to the critical importance of this program that 

maintains an international trading U.S.-flag fleet, owned and operated by U.S.-citizen companies and mariners. At the present time, MSP carriers are considering 

committing to this new 10-year agreement extension to 2025. This long term commitment to 2025 of sealift and intermodal capability would be a significant decision 

given reduced government impelled cargos as a result of the military drawdown in 

Afghanistan and lower agricultural cargo levels. If confirmed, I would work hard to 

ensure the long term stability of the MSP program. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. DAN COATS TO

ANTHONY FOXX

Question 1. In a time of decreasing resources for the Federal budget the Department of Transportation, like many Hoosier families, will have to do more with less 

and make hard decisions on where to make fiscal cuts. I can’t imagine you would 

take on the responsibility of leading an organization like the Department of Transportation without doing substantial due-diligence into the challenges the organization faces. 

• As you’ve gone through and reviewed the department’s operations, what areas 

have you identified early on for reorganization, consolidation, and elimination 

in order to provide savings to the taxpayer? 

• How will you prioritize the Department’s functions in order to do more with 

less? 

Answer. Safety is my number one priority. If confirmed, I plan to thoroughly consider the Department’s existing programs to find cost savings that do not compromise safety. I have not yet identified areas for reorganization, consolidation, and 

elimination, but I look forward to the opportunity to work with the people at DOT 

to find these efficiencies. 

Question 2. I’d like to discuss the concept of aviation user fees, which I hope you 

have done some in-depth research on given the city’s management of the airport and 

the fact that you’ve been nominated to lead the DOT. I think the current mechanism for funding infrastructure and services via the fuel tax remains the best plan. 

The system for collecting these funds is simple and allows for any necessary increases to fund services or infrastructure enhancements to be easily implemented. 

The President continues to propose a $100 per flight user fee in his budget to fund 

everything from deficit reduction to air traffic control services. General and business 

aviation is very important to Indiana, and I continue to hear from Hoosiers who tell 

me that they are not opposed to paying more for such services, but the mechanism 

71 

should be an increase in the tax on jet fuel and not user fees. I think this is the 

wrong way to fund our aviation system. What do you think about these user fees 

in general, and specifically will you be an advocate for the President’s proposal? 

Answer. I support the Administration’s goal of achieving balanced deficit reduction without compromising a safe and efficient national infrastructure system. While 

I am not privy to the policy considerations that went into the Administration’s FY 

2014 budget proposal, this issue presents one of the many tough choices we face as 

a Nation. If confirmed, I will work with Congress and all of the relevant stakeholders on this issue. 

Question 3. An issue that I know a number of us feel strongly about is the lack 

of responsiveness by the DOT to the members of the Commerce Committee. I personally have two letters that I have recently sent to the FAA and the DOT. The 

first is a letter from April 23, almost one month ago now, to Secretary LaHood and 

Administrator Huerta on the FAA’s decisions relating to the sequester. The second 

is a letter from last week signed by 17 Senators to Administrator Huerta on bonuses 

at FAA. If confirmed, how will you improve the Department’s and its agencies’ responsiveness to the Committee’s requests? 

Answer. It is my understanding that the Department has provided a response to 

both of the above mentioned letters. You have my commitment that, if confirmed, 

the Department’s communication with Congress will be handled in a manner so as 

to provide accurate information as quickly as possible. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROY BLUNT TO

ANTHONY FOXX

Question 1. In the past year, both the Federal Highway Administration (FHWA) 

and the Federal Transit Authority (FTA) have been taking the position that the provisions of the Buy America Act apply to utility relocation work, which is a new interpretation of that law. In the specific case of the FHWA, it appears that the agency would extend the Buy America Act requirements to projects being funded directly 

by cities/municipalities if the utility relocation project is part of an overall federallyfunded project. Would you agree it important to assess the impact of extending 

these types of requirements on cities/municipalities’ current projects and those in 

the pipeline before such interpretations become effective? 

• Do you believe that a formal rulemaking would be a better vehicle for DOT and 

its sub-agencies to examine whether these types of requirements even apply to 

utility relocations and the effect of taking that interpretation? 

• If you are confirmed as Secretary of Transportation, would you commit to reviewing the current status of the FHWA and FTA interpretations of the Buy 

America Act requirements and their effect on cities/municipalities and affected 

utilities? 

Answer. I agree with supporting American workers. I further understand that 

MAP–21 amended the Buy America statute and those amendments have been interpreted to broaden the application of Buy America requirements to any contract eligible for Federal highway funding within the scope of an applicable NEPA document 

regardless of the contract’s funding source, including utility relocation work even 

when not paid for with Federal-aid funds. If, in fact, MAP–21 requires this practice, 

I would be obligated to follow it. I understand that Secretary LaHood has heard 

from concerned stakeholders about this issue. If confirmed, I will listen to stakeholders, and I would be happy to meet with you to discuss the Department’s implementation of the provision. 

Question 2. In the President’s FY 2014 Budget, the Administration requested $6.6 

billion as part of a proposal to upgrade current, intercity passenger rail systems to 

become high speed rail systems. Do you believe that expanding high speed rail in 

the United States should be a spending priority of the Federal Government? Knowing that we are facing a funding shortfall for transportation programs, how would 

you prioritize high speed rail funding compared to funding which updates outdated 

bridges and interstates? 

Answer. I believe that we should be multimodal in our national transportation approach and advance projects and programs that address our Nation’s pressing transportation needs in the most cost-effective and market-responsive way, while also 

dealing with the state of good repair and safety needs of all modes. The President’s 

budget request has proposed significant funding for both new rail infrastructure and 

‘‘Fix-It-First’’ activities on our roads, rails and bridges, and I support his approach. 

72 

I do believe that intercity rail, including high-speed rail, shows promise and presents opportunities in many markets. Recently, for example, I understand that the 

Brookings Institution noted that rail has been the fastest-growing intercity travel 

mode during the past 15 years in the US, suggesting that substantial market demand exists for further investments. 

Question 3. We all share a common goal of making our passenger rail networks 

safe. As part of the Passenger Rail Reauthorization in 2008, Congress required all 

train operators to have Positive Train Control systems operational on their locomotives and track by the end of 2015. If that deadline is not workable, either because of a lack of funding or, equally likely, because the technology to implement 

this new requirement simply isn’t ready yet, would you support a move by Congress 

to delay the implementation date for PTC to be in use on all passenger rail systems? 

Answer. I strongly support the implementation of positive train control systems. 

I understand, however, that there are a number of technical and programmatic challenges associated with positive train control system implementation that may preclude the full deployment of positive train control on all required rail lines by the 

December 31, 2015 deadline. If confirmed, I hope to work with Congress to further 

address positive train control issues. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARCO RUBIO TO

ANTHONY FOXX

Question 1. Aviation is important to Florida’s economy, particularly general and 

business aviation. It is a billion dollar industry in Florida, and my constituents can 

tell attest to how vital general aviation is to get around the state and to conduct 

business, particularly in rural areas. But my concern is that some of the rhetoric 

and policies coming out of this Administration would hurt general aviation, including the attacks on corporate jets and the proposed user fees. Every time these comments are made, it impacts the general aviation community, a community that goes 

beyond the ‘‘fat cats’’ in corporate jets that the Administration likes to invoke. It 

involves aircraft manufacturers, pilots, repair stations, flight schools, and all the 

jobs and communities tied to these businesses. 

• If confirmed, will you commit to work with the general aviation community and 

support the industry? 

• If confirmed, will you commit to avoiding rhetoric that would negatively impact 

the general aviation community? 

• Please explain your views on general aviation and whether you believe it is an 

important sector of our economy. 

Answer. I understand that support for general aviation (GA) is part of the Administration’s goal to invest in the Nation’s transportation infrastructure, and I will 

work to support this effort, including continued direct support to airports, improved 

safety, airport access, and level of service for GA operators through the NextGen 

Air Transportation System, safety enhancements, and improving access to information data. 

I recognize the critical role that GA plays in supporting jobs and generating significant economic activity for the country. If confirmed, I will work to support GA, 

and I look forward to opportunities to work with the GA community and industry 

moving forward. 

Question 2. Despite consistent rhetoric to the contrary, business aviation contributes significantly to our Nation’s economy. Each year, over $150 billion are directly 

attributable to business aviation, which also provides over 1.2 million well-paying 

jobs. Unfortunately, many in Washington are under the false assumption that these 

tax incentives solely affect the wealthy. The tax depreciation of business aircraft are 

treated no different than investments in new equipment made by other types of 

business. Do you support changing the tax depreciation schedule for business aircraft, even though it could threaten an industry that supports so many good-paying 

U.S. jobs? 

Answer. I value the important contribution business aviation makes to the national economy. At the same time, I recognize that our Nation is faced with severe 

fiscal challenges that will require difficult choices balancing across all sectors of the 

economy. 

Question 3. The Administration has proposed $100 per flight user fees. What is 

your position on aviation user fees? 

Answer. I support the Administration’s goal of achieving balanced deficit reduction without compromising a safe and efficient national infrastructure system. While 

73 

I am not privy to the policy considerations that went into the Administration’s FY 

2014 budget proposal, this issue presents one of the many tough choices we face as 

a Nation. If confirmed, I will work with Congress and all of the relevant stakeholders on this issue. 

Question 4. In recent years there have been several cuts and proposed cuts to the 

FAA’s Airport Improvement Program, which provides funds to airports for capital 

projects to enhance safety, capacity, and security. These include cuts to AIP to limit 

the impacts of sequestration, including the furloughs of air traffic controllers, as 

well as proposals to cut AIP in the President’s budget, which are contingent upon 

finding another source of funding for airport projects. One alternative that has been 

suggested is allowing airports to increase their Passenger Facility Charge (PFC), 

which is a local fee used for airport capital projects. Would you support increasing 

the PFC? 

Answer. The President’s 2014 budget proposal includes an increase in allowable 

PFC collection authority per enplaned passenger for commercial service airports. 

This would give these airports greater flexibility to access capital funding sources 

with less reliance upon the Federal Government. If all commercial service airports 

increase the PFC collection to the level proposed in the President’s budget, that 

could generate significant additional annual funding sources for airport projects. 

This is one good option. As the President has said, and as I believe, if there are 

other ideas out there, they will be seriously considered. 

Question 5. If you are confirmed, a priority for DOT should be encouraging private 

sector initiatives and projects for all modes of transportation. With the funding 

issues facing transportation, the private sector must play a role in meeting our 

transportation challenges, and DOT will need to encourage public-private partnerships and private sector investment. One area of concern with respect to high costs 

is passenger rail. Currently, in Florida, there is an example of a private sector initiative to provide passenger rail: the All Aboard Florida project. If confirmed, will 

you commit to supporting private sector initiatives? Will you commit to reducing 

regulatory barriers and implementing expedited reviews of projects where the private sector is putting forth a viable project that will reduce the burden on taxpayers? 

Answer. There is little doubt that private investment can play a critical role in 

expanding our Nation’s transportation infrastructure. Public-private partnerships 

(PPPs) can offer an innovative new delivery approach for some of our country’s most 

complex and challenging projects when they are appropriately structured, when they 

provide better value as compared to traditional public sector delivery approaches, 

and when the underlying projects are well-aligned with public policy objectives. 

DOT’s recent experience demonstrates that, when creatively utilized, the flexibility 

afforded by Federal credit assistance can be a powerful catalyst for PPPs, including 

complex projects involving multiple public and private sector stakeholders. 

The multi-modal TIGER program has also shown that many transportation infrastructure projects that have both public and private benefits and can be built quickly and effectively when the public and private sectors share the cost. The Crescent 

Corridor project, a multi-billion dollar collaboration between Norfolk Southern, the 

Federal Government, and several Southern States including North Carolina, will 

improve efficiency of freight moving through the Southeast, reducing carbon emissions and congestion on the interstate. It’s a great example of how public and private investment can work together to improve our infrastructure. 

The President’s Rebuild America Partnership proposal recognizes the important 

role private sector investment can play in transportation infrastructure. It strengthens existing programs such as TIFIA and Private Activity Bonds and introduces 

America Fast Forward Bonds to ensure that we continue to incentivize private investment in transportation infrastructure. If confirmed, I will support these efforts 

wholeheartedly. 

Question 6. If you are confirmed, I encourage you to look closely at Amtrak’s operations and find opportunities for the private sector to increase revenues so the burden on taxpayers can be lessened. One such area would be at finding a private sector partner to increase non-rail revenues along the corridor. An example is in my 

state—the All Aboard Florida passenger rail project is trying to meet this need. Will 

you look at reducing Amtrak’s losses a priority during your tenure? 

Answer. I am committed to delivering cost-effective transportation facilities for 

the American people and maximizing the benefits of public investment in Amtrak. 

I also support the President’s Rebuild America Partnership proposal, which recognizes the important role private sector investment can play in transportation infrastructure. But while these partnerships have the potential to assist agencies in 

meeting significant funding challenges, they are not a panacea and we must also 

74 

maintain a robust Federal program which encourages and incorporates appropriate 

private investment. 

I understand that FRA closely monitors Amtrak’s financial position. And, as described in the Presidents FY 2014 budget request, FRA has proposed a significant 

new approach to providing Federal funding for Amtrak. Under this proposal, Amtrak will be required to annually submit to FRA a five-year business plan for each 

business line. FRA would approve these plans, provide copies to Congress, and then 

manage Amtrak’s grant against the plans. By allocating resources based on multiyear planning and analysis, Amtrak can better prioritize and sequence investments 

to meet the needs of rail passengers across all services. 

Question 7. If confirmed, you will oversee the FAA, which in turn oversees commercial space launches and flights, which are obviously important to Florida’s Space 

Coast. The FAA has the dual statutory responsibility to regulate and facilitate the 

commercial space industry. With the number of commercial space flights increasing 

and space tourism soon to be a reality, more regulations will be implemented to ensure the safety of passengers and the public, and that is important. But my priority 

is that the Department of Transportation and the FAA continue to abide by the duty 

to promote and encourage the industry. Do you believe that the United States 

should continue to lead the world in space travel and exploration? 

Answer. Absolutely. As the President has said, one of our central goals is to promote peaceful cooperation and collaboration in space, which not only will ward off 

conflict, but will help to expand our capacity to operate in orbit and beyond. As our 

reliance on satellites and other space-based technologies increases, so too does our 

responsibility to address challenges such as debris and other hazards. No longer is 

space just a destination to reach; it is a place where we must be able to work in 

ways that are responsible, sustainable, and safe. The American commercial space 

transportation industry is leading the world to safe, affordable access to low earth 

orbit. I will do everything I can as Secretary of Transportation to support that effort. 

Question 7a. If confirmed, will you work with NASA and the commercial industry, 

and ensure that DOT is fostering innovation and encouraging the development of 

cost-effective, commercial spaceflight capabilities? 

Answer. Yes. I fully support the President’s National Space Policy and believe 

that a robust and competitive commercial space sector is vital to continued progress 

in space. The United States is committed to encouraging and facilitating the growth 

of a U.S. commercial space sector that supports U.S. needs, is globally competitive, 

and advances U.S. leadership in generating new markets and innovation-driven entrepreneurship. 

Question 7b. How do you envision DOT, under your leadership, playing this role? 

Answer. In order to encourage a robust American commercial space industry as 

the industry advances, I will work to ensure that DOT regulates only to the extent 

necessary to protect public health and safety, safety of property, and national security and foreign policy interest of the United States. 

Question 8. What is the appropriate Federal role in transportation policy? 

Answer. I believe the Federal Government has four key responsibilities in transportation policy. First, the Federal Government should take the lead in setting safety standards for the national transportation system. These standards should be set 

at the national level because it would be impossible for our transportation carriers 

to function efficiently if they encountered a new set of safety standards every time 

they crossed a State boundary. 

Second, the Federal Government should take the lead in improving the efficiency 

and performance of our transportation system. The Federal Government should take 

the lead in funding research, data collection, performance measurement, and economic analysis that are essential to an efficient and productive national transportation system. The Federal Government should also take the lead in exploring new 

financing models (such as public-private partnerships) and contracting models that 

can speed the delivery and reduce the cost of transportation investments. 

Third, the Federal Government should fund the infrastructure investment that is 

needed to improve the Nation’s global competitiveness. This includes investing in 

rail to expand the speed and capacity of the transportation links that connect our 

cities, improved transit to get people to work faster in the cities that power so much 

of our economy, improved freight transportation that can carry our exports to our 

global trade partners, and new facilities and equipment like NextGen that can make 

our aviation and other transportation networks more efficient. 

Fourth, the Federal Government has a role in setting the stage for national infrastructure priorities through collaborative planning. NextGen is a national priority, 

as is the development of a multi-modal national freight policy. This planning helps 

75 

DOT, Congress, and transportation industries work together to ensure our national 

competitiveness. 

We should advance these key priorities while paying attention to other important 

goals as well—making our transportation system environmentally sound, enhancing 

the livability of our communities, improving the resilience of our transportation infrastructure, and meeting the transportation requirements of national security. 

Question 9. If a citizen is engaged with a dispute with an agency within DOT, 

do you believe that the agency should act in good faith when resolving the dispute? 

If you are confirmed, will you commit to ensure that agencies, particularly the FAA, 

act in good faith when handling disputes and individual cases? 

Answer. Yes, DOT agencies should always act in good faith when resolving a dispute with any citizen. If I am confirmed, I will commit to ensure that FAA and all 

modes of the DOT act in good faith when handling disputes and individual cases. 

Æ