[Senate Hearing 115-119]
[From the U.S. Government Publishing Office]
S. Hrg. 115-119
HEARING ON THE NOMINATION OF PAUL TROMBINO III TO BE ADMINISTRATOR OF
THE FEDERAL HIGHWAY ADMINISTRATION
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HEARING
before the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
OCTOBER 5, 2017
__________
Printed for the use of the Committee on Environment and Public Works
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
JOHN BARRASSO, Wyoming, Chairman
JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware
SHELLEY MOORE CAPITO, West Virginia BENJAMIN L. CARDIN, Maryland
JOHN BOOZMAN, Arkansas BERNARD SANDERS, Vermont
ROGER WICKER, Mississippi SHELDON WHITEHOUSE, Rhode Island
DEB FISCHER, Nebraska JEFF MERKLEY, Oregon
JERRY MORAN, Kansas KIRSTEN GILLIBRAND, New York
MIKE ROUNDS, South Dakota CORY A. BOOKER, New Jersey
JONI ERNST, Iowa EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TAMMY DUCKWORTH, Illinois
RICHARD SHELBY, Alabama KAMALA HARRIS, California
Richard M. Russell, Majority Staff Director
Gabrielle Batkin, Minority Staff Director
C O N T E N T S
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Page
OCTOBER 5, 2017
OPENING STATEMENTS
Barrasso, Hon. John, U.S. Senator from the State of Wyoming...... 1
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 2
WITNESS
Trombino, Paul III, nominated to be Administrator of the Federal
Highway Administration......................................... 4
Prepared statement........................................... 7
Responses to additional questions from:
Senator Carper........................................... 10
Senator Booker........................................... 16
Senator Capito........................................... 17
Response to an additional question from Senator Duckworth.... 18
Responses to additional questions from:
Senator Fischer.......................................... 18
Senator Harris........................................... 19
Response to an additional question from:
Senator Moran............................................ 21
Senator Shelby........................................... 22
Responses to additional questions from Senator Whitehouse.... 22
HEARING ON THE NOMINATION OF PAUL TROMBINO III TO BE ADMINISTRATOR OF
THE FEDERAL HIGHWAY ADMINISTRATION
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THURSDAY, OCTOBER 5, 2017
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The Committee met, pursuant to notice, at 9:35 a.m. in room
406, Dirksen Senate Building, Hon. John Barrasso (Chairman of
the Committee) presiding.
Present: Senators Barrasso, Inhofe, Fischer, Rounds, Ernst,
Sullivan, Carper, Whitehouse, Gillibrand, and Harris.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM THE STATE OF WYOMING
Senator Barrasso. I call this hearing to order.
Today we are going to consider the nomination of Paul
Trombino to serve as Administrator of the Federal Highway
Administration, the FHWA at the United States Department of
Transportation. Congratulations.
Mr. Trombino is well qualified and brings broad expertise
and over 20 years of experience as a State and national
transportation leader to the critically important role of
maintaining and improving our nation's roads, highways, and
bridges.
He served as director of the Iowa Department of
Transportation for more than 5 years. Prior to that, he worked
for 17 years at the Wisconsin Department of Transportation,
where he served at different times as bureau director,
operations director, and civil engineering supervisor of the
Highway Division.
From 2015 to 2016 he served as president of the American
Association of State Highway and Transportation Officials,
AASHTO. AASHTO is a non-profit, non-partisan association
representing highway and transportation departments in all 50
States, the District of Columbia, and Puerto Rico.
In 2016 he served as vice-chair of the Transportation
Research Board's Executive Committee, an advisory group to the
Chairman and Governing Board of the National Research Council
on the nation's transportation system. In 2014, he served as
president of the Mid America Association of State
Transportation Officials.
I applaud President Trump's nomination of such a highly
accomplished and dedicated public servant for this important
position. The Federal Highway Administration plays a central
role in ensuring the mobility of the American people and the
goods and services on which we all rely.
The FHWA supports State, local, and tribal governments by
providing financial support and offering technical assistance
in the design, construction, and maintenance of our nation's
highways, roads, and bridges. The FHWA also advances innovative
practices and technology deployment that facilitate
transportation project development, construction, and
maintenance, and that enhance roadway safety.
America's transportation infrastructure faces a lot of
challenges. The next Administrator will grapple with many of
them. With the President's call for an infrastructure bill,
this Committee has heard from a broad range of stakeholders
about how the Congress can better help the FHWA, State
departments of transportation, private sector companies, and
other stakeholders invest public resources in a sound and
effective way to modernize America's transportation
infrastructure.
The President has called on us to maximize the impact of
taxpayer dollars. This Committee has already held seven
hearings on how we can accomplish this goal. Working closely
with its members, we are well on our way to creating a
legislative blueprint that will address America's most critical
infrastructure needs.
I was pleased to read last week that my friend and Ranking
Member, Senator Carper, wants to join the process of crafting
an infrastructure bill that will make America great again. I
look forward to his participation and input into this process.
Clearly one item we can all agree on is the need to quickly
confirm Paul Trombino. For far too long, the FHWA has been
without Senate confirmed leadership. Confirming Mr. Trombino to
be Administrator of the Federal Highway Administration will be
an important step in addressing our nation's infrastructure
needs.
I will now turn to Ranking Member Carper.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Thank you, Mr. Chairman.
Good morning. It is great to see you and your wife of 27
years. We are glad you are both here. As I said, you are almost
an audience of one.
We are glad you are here. Congratulations on your
nomination, and thanks for your willingness to serve. Thank you
for your willingness to share him with the people of our
country.
I also want to express my gratitude to the career Federal
Highway employees in Delaware and 49 other States and the
territories, particularly those involved in providing emergency
funds and other assistance for folks in Texas, Florida, Puerto
Rico, and the Virgin Islands who are still wrestling with some
very difficult, challenging situations.
If confirmed, Mr. Trombino, you will play a critical role
in helping to support communities in need across this nation
when disaster strikes. More broadly, you would be responsible
for administering our nation's Federal Aid Highway Program.
Under this program, State, local, and tribal governments
own and maintain most of our nation's highways and bridges, as
you know. It is Federal Highway's role to distribute funding to
these units of government for construction, for improvement,
and for preservation of our transportation infrastructure and
to work with all levels of government to ensure that highways
and bridges are safe, support economic development, and protect
and enhance our environment.
I have long maintained that if something is worth having,
it is worth paying for. I believe it is worth investing in a
safe, reliable, and modern transportation system. I look
forward to working with you and others to identify creative
ways to address our long term transportation needs in a
fiscally responsible way.
To that end, Mr. Trombino, I am especially interested in
finding out how you worked in Iowa to raise the gas by 10 cents
a gallon. I would be interested in hearing how you were able to
make that happen. I know Terry Branstad, the Governor, left the
country shortly after that to become the Ambassador to China,
where they have great infrastructure, by the way.
To that end, Mr. Trombino, your nomination comes at a
critical juncture for the agency, the transportation sector,
and the traveling public as we confront the enormous challenges
in opportunities to modernize and rebuild our aging
transportation infrastructure.
The condition of America's infrastructure received a D+ on
the 2017 American Society of Civil Engineers report card. Our
nation's crowded and under-funded roadways got an even lower
grade of D, no plus.
America's roads have also become more dangerous. The 2015
data indicates that over 35,000 people died in motor vehicle
crashes across our nation's highways. Sadly, that figure is a 7
percent increase from 2014. It is the largest percentage
increase, I am told, in some 50 years. The latest estimates
show that highway deaths surpassed 40,000 last year for the
first time in a decade.
In my home State of Delaware, we have one of the highest
pedestrian fatality rates of any State in the country.
Unfortunately, we are not alone. The number of pedestrian
fatalities in the U.S. increased 25 percent from 2010 to 2015.
It is estimated that the number of pedestrian deaths increased
by another 11 percent in 2016 over 2015. To put that into
context, nearly 1 in 6 deaths on our roads involves a
pedestrian. If confirmed, we expect to closely work with you to
make sure that safety is a priority when it comes to funding
our Federal highway system.
In closing, we look forward to hearing your thoughts on
these and other related issues. We thank you again for your
willingness to serve and for your willingness to share him.
Thank you.
Senator Barrasso. Thank you, Senator Carper.
Now, I would like to invite Senator Ernst to introduce the
nominee.
Senator Ernst. Thank you, Mr. Chairman.
It is hard to follow our Ranking Member, for heaven sakes.
I am greatly optimistic with this nomination. Thank you
very much, Paul, for being here today.
I have the great honor today of introducing a fellow Iowan,
Mr. Paul Trombino, the nominee to head the Federal Highway
Administration. I would like to welcome Trish as well. It is
really good to see you again.
Mr. Trombino currently serves as President of McClure
Engineering Company, an Iowa-based firm specializing in
transportation and public works infrastructure projects. He
previously served as the Director of the Iowa Department of
Transportation from 2011 to 2016 and as Bureau Director for the
Wisconsin Department of Transportation from 2002 to 2011.
Mr. Trombino has also served as President of the Mid
America Association of State Transportation Officials and as
President of the American Association of State Highway and
Transportation Officials.
As both a State Senator and a U.S. Senator, I had the
pleasure of working with Mr. Trombino while he served at Iowa
DOT. He proved to be an invaluable partner and resource. I am
confident that the members of this Committee will be equally
impressed by his qualifications and his track record.
Iowans back home are proud of your nomination and believe
there is no one better qualified to lead the Federal Highway
Administration, especially when we are at such a critical time
for our nation's infrastructure.
I look forward to hearing your testimony today. I thank you
for your willingness to serve your country in this capacity.
Thank you, Paul.
Thank you, Mr. Chairman.
Senator Barrasso. Thank you, Senator Ernst.
Now, I would like to welcome our nominee to the committee,
Mr. Paul Trombino, nominee to be Administrator of the Federal
Highway Administration, U.S. Department of Transportation.
I want to remind you that your full testimony will be made
part of the record. We all look forward to hearing your
testimony today. Would you like to introduce your family and
then please proceed with your testimony?
STATEMENT OF PAUL TROMBINO III, NOMINATED TO BE ADMINISTRATOR
OF THE FEDERAL HIGHWAY ADMINISTRATION
Mr. Trombino. Thank you, Mr. Chairman.
With me, I have my wife, Trish, to my right. As Senator
Carper pointed out, she is my wife of 27 years. Unfortunately,
our two children are busy with their studies at Iowa State
University, so they were not able to be here today. Thank you
very much for the opportunity.
Chairman Barrasso, Ranking Member Carper, and members of
the Committee, again, thank you for the opportunity to appear
before you today. If I am confirmed, I look forward to working
with all of you to advance mobility on the nation's highways.
I also want to again thank Senator Joni Ernst for her very
kind introduction. As Director of the Iowa Department of
Transportation, I was honored to work with then Iowa State
Senator and now U.S. Senator Ernst on improving the
transportation system in the State of Iowa.
Again, I am pleased to have with me my wife, Trish.
Unfortunately, our two children were not able to attend today
due to their busy studies.
I am very grateful to President Trump and Secretary Chao
for their confidence in my ability to serve in this key
transportation position. The nation's highway system has always
played a vital role in the quality of life of our people and
provided a competitive advantage to our nation's businesses.
This is still true today.
I have been blessed with a wonderfully diverse career in
transportation for over 20 years, and if I am confirmed, these
experiences will prove valuable to my new role at the
Department of Transportation. I have worked for two different
State departments of transportation in Wisconsin and Iowa.
While at the Wisconsin Department of Transportation, I held
senior executive roles as Operations Director for the Highway
Division and Director of Statewide Bridges. In Iowa, I served
under former Governor Branstad as Director of the Iowa
Department of Transportation.
During these two State government experiences, I gained
keen insight into executing highway improvement projects,
regulatory policies, and developing broad modal diversity in
the transportation system. While Director of the Iowa
Department of Transportation, I served in leadership roles for
our national State departments of transportation association--
the American Association of State Highway and Transportation
Officials, AASHTO--which was rewarding not only for building
relationships with colleagues but also from sharing best
practices and lessons learned.
Finally, I have served in a leadership role with the
National Academies of Sciences, Engineering, and Medicine
Transportation Research Board, which is working with academia
toward new processes and technology improvements across all
modes.
The core value of all transportation agencies is safety,
and this value binds us across all levels of government and
across all modes of transportation. The safety of the traveling
public must continue to be the primary objective.
Today, we are in an age of accelerating technological
advancement in transportation vehicles, infrastructure, and
systems. As these new technologies are developed and in the
future become commonly available and used by the public, the
challenge of promoting the public's safety while encouraging
innovation will be increasingly important.
If confirmed as Federal Highway Administrator, I will be
involved in helping to rebuild America's highways and bridges.
Much needs to be done in this area, and I am eager to play a
role in launching critical infrastructure projects as well as
in maintaining America's highway network.
Certainly, as the President has called for, we need a new
emphasis on building and repairing infrastructure as well as
common sense reforms in Federal permitting. I support permit
streamlining and look forward to contributing to responsible
changes that reduce the time and money project sponsors must
spend before a project can even begin. I do not believe we have
to sacrifice environmental goals to accomplish process and
paperwork reduction.
I have had wonderful experiences of directly working with
policymakers at the city, county, State, and Federal Government
levels in transportation related projects and policy. One of
the most valued lessons gained in my career have been the
importance of establishing excellent communication and working
relationships with policymakers.
If I am confirmed, I commit to working with Members of
Congress--and particularly this Committee--to achieve
successful outcomes for transportation and the nation's
highways. If I am confirmed, I look forward to the opportunity
to work with all of you to improve the safety and mobility of
all Americans.
The nation's highway system has long been the driving force
for economic opportunity and success in the United States, and
I am truly humbled at the opportunity to help advance the
quality of life of Americans across the country through
transportation.
Again, thank you for the opportunity to appear here today.
[The prepared statement of Mr. Trombino follows:]
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Senator Barrasso. Congratulations again on your nomination.
Throughout this hearing, we are going to ask questions that
will be on the record. The Committee members will also have an
opportunity by doing this to learn more about your commitment
to public service and the nation's service.
I would also ask throughout the hearing that you please
respond to every question we ask, and there may be some also
submitted in writing for the record.
I have to ask the following questions that we ask all
nominees on behalf of the entire Committee.
Do you agree, if confirmed, to appear before this Committee
or designated members of this Committee and other appropriate
committees of the Congress and provide information subject to
appropriate and necessary security protections with respect to
your responsibilities?
Mr. Trombino. Yes.
Senator Barrasso. Do you agree to ensure that testimony,
briefings, documents, and electronic and other forms of
communication of information are provided to this Committee and
its staff and other appropriate committees in a timely manner?
Mr. Trombino. Yes.
Senator Barrasso. Do you know of any matters which you may
or may not have disclosed that might place you in any conflict
of interest if you are confirmed?
Mr. Trombino. No.
Senator Barrasso. I am not going to ask any further
questions at this time. I will reserve the balance of my time
for use throughout the hearing.
Senator Carper.
Senator Carper. So far so good.
Some of my colleagues had not arrived when I mentioned
during my remarks that Iowa raised its--I do not know if it was
the gas and diesel tax, but raised the user fee. I have felt,
for a long time, those who use our roads, highways, and bridges
should help pay for them, businesses and individuals as well.
When you were president of AASHTO, I think we had this
conversation more than a few times. George Voinovich and I
proposed to restore the purchasing power of Federal gas and
diesel tax to where it was in 1992, do it over 4 years, raising
the gas and diesel tax by 4 cents a year and then indexing it
after the fourth year.
It would not give us all the money we need to do roads,
highways, and bridges, but it would give us a whole lot more
than we have today.
Not long ago, my wife and I were at an Aspen Institute
seminar with about 20 House and Senate members. We found, among
other things, 98 percent of electricity there is generated by
hydro, which is pretty impressive. They are the sixth largest
resort with oil and gas in the world, and 40 percent of their
cars are now electric.
When you walk down the streets of towns and cities in
Norway, you see citizen parking meters and places to plug in
and recharge your car's batteries.
I heard on the radio the other day on NPR that Ford and
GM--one or both of them--have announced they are going to have
at least 20 fully electric powered vehicles to introduce by
2025, migrating away from gas and diesel not overnight but over
time especially the way it ties in with these autonomous and
semi-autonomous vehicles.
I think eventually we will have to move to a road user
charge, the kind of thing they are doing in Oregon on a small
scale, the sort of thing we included language on in our 2015
transportation bill kind of encouraging States to be
laboratories of democracy.
The easier part of our transportation legislation, frankly,
is the authorization. We will work out things here and do so in
a timely way. We will work out things with the other committees
of jurisdiction.
The hard thing is how do you pay for this stuff. The last
time we tried to pay for this stuff we literally reached in and
stole money from the Federal Reserve, and we had never done
that before. We took oil in the strategic petroleum reserve; we
paid high and sold low. We took money that was supposed to be
used for customs fees for our points of entry across the
borders. We took that money instead for roads, highways, and
bridges, an awful policy.
About 20-some States, I think, have actually raised their
user fees in the last several years. People say how do they do
that; how do they summon the courage to make those politically
difficult choices?
In my State, every year we put together the capital budget.
I say this as a recovering Governor. The legislators have input
to that. If we are asking to raise a user fee of some kind, the
idea is if you support this, then you are more likely to get
the kind of improvement you want in your Senate district or
your House district. It is kind of an earmark, but it actually
works, and we do not find it is something that has been used
badly or poorly. It is not an outright call for a return to
earmarks. I have another recovering Governor to my right.
I think one of the problems here is it is hard for
legislators to link their willingness to raise revenues with
something they can show for it in their States and districts. I
think that is part of the problem.
I will stop there. Just respond, please. You have 12
seconds.
Mr. Trombino. I am not sure what the question was.
Senator Carper. How did you do it in Iowa? You have seen
20-some other States do something that is responsible to pay
for this stuff. What can we learn from them?
Mr. Trombino. I think many States have chosen to find
funding alternatives for them. In transportation, they have all
been different. I do not know if there is one that is exactly
the same as another because the way they view and how they use
transportation systems can be different. I think that is true
across all areas.
In my experience in the State of Iowa, my role was to
provide options and alternatives. Ultimately the Governor and
legislative leadership made the decision as to the funding
mechanism they found best suited for the State.
Senator Carper. You have 9 more seconds.
Senator Barrasso. Senator Inhofe.
Senator Inhofe. Thank you very much.
First of all, let me say that this is a good opportunity to
thank you and AASHTO under your leadership for all we have been
able to accomplish.
I have to say also when Senator Boxer was here, we spent
about 15 years where I would be Chairman of this Committee, and
she would be Ranking Member; then she would be Chairman of the
Committee, and I would be Ranking Member, but we always worked
very closely.
One of the areas of cooperation was always in streamlining.
There are a lot of people on the other side aisle that had a
hard time with that. Yet we were able to get things done, get
results and getting a lot more miles a lot quicker.
You know the arguments but I want to ask you, in this
meeting, for your commitment to continuing, not just what we
have done in the past on streamlining, but looking for new
opportunities that will be of help to us in the next project we
do.
Mr. Trombino. Yes, Senator, I do commit to continuing to
improve the streamlining efforts that were offered obvious
through MAP-21 and the FAST Act. I think those are important
process improvements that need to continue to move forward to
allow projects ultimately to get into infrastructure. I think
those are some of the key ingredients.
From my experience working with a lot of other States and
my experience in my own State, we have a number of examples
usually of projects where we have had some challenges sort of
getting through the process.
If it is OK, I will use an example from my perspective. In
the State of Iowa, U.S. Highway 34 was a project that we worked
on for many years. It is a bridge over the Missouri River
between Nebraska and Iowa. It involved two States, two
different Federal Highway offices, obviously the Army Corps,
Fish and Wildlife, the EPA, and also involved the Department of
Defense and Air Force.
It was a very challenging project because it was very
unclear who, at the Federal level, was the lead and
decisionmaking authority, which took a long time to work
through. The Federal agencies all had a different perspective
of the preferred alternative. The time, length, and cost that
involved was very significant for us as a State and very
challenging at the end to implement.
Senator Inhofe. In your written statement, you said you
``support permit streamlining and responsible changes that
reduce the time and money project sponsors must spend before a
project can even begin.'' Do you want to elaborate very briefly
on that?
Mr. Trombino. Again, I would say the streamlining that was
provided I think is clearly the right opportunity for all
stewards of the system that implement projects. As a result, we
need to continue to move in that fashion and use the authority
obviously provided by Congress to make sure we are implementing
those.
My experience has been that there is always an opportunity
to improve the process. My firm belief is that we can uphold
the environmental protections that are in place that I have
always seen in transportation.
We want to make sure that project fits the environment in
the context of the community, but there are ways for us to
improve the pay for it process and the decisionmaking to make
sure we are using the dollars as effectively as we can, getting
that into the infrastructure and not in the process.
Senator Inhofe. Yes, that would be good.
I talked to Mike Patterson actually before our meeting in
my office. He has worked with you, and he also talked about how
you were working in conjunction with the Department of
Transportation and the Department of Commerce.
Can you briefly discuss your thoughts on the relationship
between economic development in commerce and transportation?
Mr. Trombino. Sure. My belief is transportation is all
about economics. It provides the opportunity for people to
pursue their quality of life and efficiency for business, so it
is critically important for us to make sure, as we look at
freight and product movement, much less people movement, that
we are considering the economics of that and trying to make the
system as efficient as we can because in today's global
economic conditions, it is very critical. Transportation is the
key ingredient for competitive products and ultimately,
competitive services.
Senator Inhofe. You mentioned freight. Of course we had the
freight section in the FAST Act. I am sure you were very
pleased with that.
Thank you very much.
Mr. Trombino. Yes. Thank you.
Senator Barrasso. Thank you, Senator Inhofe.
Senator Whitehouse.
Senator Whitehouse. Thank you, Mr. Chairman.
Welcome, Mr. Trombino. Thanks for coming by the office the
other day. I am looking forward to working with you on
improving our infrastructure.
I would join Senator Inhofe in his encouragement of process
improvements and streamlining. Rhode Island has a recent
example in offshore wind, having streamlined and made the
process of siting much more effective.
In the same waters, one State over, Massachusetts had a
huge wind project that basically died on the regulatory cross.
Ours is still in the water, electrons flowing, all systems go.
It really can make a difference. Now the Republican Governor of
Massachusetts is trying to follow more closely the Rhode Island
model and reboot their system.
Also, years ago I led a workers' compensation reform that
focused on process and ended up reducing the cost per dollar of
payroll by half without taking away benefits, just by focusing
on process. I am a big believer in process reforms and
streamlining.
I am also familiar with the false flag of process reform
and streamlining sometimes being flown simply to help private
interests raid and ransack the environment and public spaces.
We are going to have to really watch that boundary and make
sure what we are doing is truly the former and not the latter.
I look forward to working with you on that.
We have seen a rather unseemly spectacle recently which was
a member of the Cabinet telling a Senator that they would be
punished in grants and in programs in their home State for
voting the wrong way on a completely unrelated matter.
I hope that we can get assurances from you that in your
administration of highway grants, you will protect the
integrity of the process and not allow political calls to be
made and political threats to be made to influence that
process. It has a process integrity of its own that I hope you
will defend. Can we count on you for that?
Mr. Trombino. If I am confirmed, Senator, I would make sure
that as we have competitive process that is merit based, having
worked in it from the State and local community side, I believe
that is an important process overall when it comes to
competitive grants.
Senator Whitehouse. I think in the long run, if you find
this becomes politicized, you will find support for the program
dramatically decreasing. I do not think anyone wants that.
Finally, some of us are from coastal States. A good deal of
our infrastructure, including highway infrastructure, is highly
vulnerable to sea level rise, storm surge, and the new symptoms
of climate change.
Rhode Island is looking at 9 to 12 feet of vertical sea
level rise by the end of the century if we continue to do
nothing here in Congress, if we continue to just allow the
status quo to persist. Nine to 12 feet is pretty devastating
for my State. I wish there was less stony lack of concern for
that from my colleagues who are not in that position, but I
feel a real obligation to try to defend my State whose map will
change if we do not get ahead of this.
In the meantime, there is a lot of infrastructure that is
going to be put in harm's way by this. I want to get your
assurance that coastal infrastructure under your jurisdiction
will be treated with proper respect both as to the data about
what the risk is and as to the projections for the life
expectancy of new projects about what further risks are
anticipated and expected by the professionals.
Mr. Trombino. Yes, from my perspective, having had the
opportunity to work in AASHTO, working with colleagues across
the States, we all have different demands and needs on the
system depending what is happening from a climate perspective,
impacts, flooding, and the whole series of issues.
Senator Whitehouse. You have seen it from a rainstorm
perspective. We see it from a coastal perspective.
Mr. Trombino. Right, and so it is important for us to work
together to make sure we are identifying a process that
ultimately makes sure the system is safe, resilient, and
reliable. From my perspective, those are the three biggest
things we need to do, so it has the ability to bring back and
recover in a quick fashion and during certain circumstances
that ultimately impact the quality of life and economic
activity in every individual State.
Senator Whitehouse. You will use proper data and proper
projects in making those decisions?
Mr. Trombino. Yes, I will.
Senator Whitehouse. Very well. Thank you very much, I
appreciate it. Best wishes to you.
Senator Barrasso. Thank you, Senator Whitehouse.
Senator Ernst.
Senator Ernst. Thank you, Mr. Chair.
I also agree with Senator Whitehouse when it comes to
fairness within the process and the withholding of grants in
exchange for votes as detailed by Senator Whitehouse. I would
also say there are a number of important nominees within the
Department of Transportation that are being held up from
receiving proper due process because of an exchange; we will
only allow nominees to go forward if you fund a certain project
in the northeast of the United States.
Again, it goes back to fairness and not pushing other
projects ahead of every other project out there. I am on my
soap box, Mr. Trombino. I do believe it has to be a fair
process. We do not want to see nominees held.
Thank you for being here today. I am going to go back to
something Senator Carper raised, raising the gas tax. That did
happen in Iowa. Of course I left, and they raised it.
The Federal Aid Highway Program receives most of its
funding from the Federal gas tax. In recent years, we have seen
declining gas tax revenues. That has forced us to use general
fund transfers to plug funding gaps in the Highway Trust Fund.
As our cars and vehicles become much more fuel efficient, we
see the decline in the dollars coming in.
Other than increasing the gas tax--which would really be an
uphill battle here in Congress--what other ways are there that
we can fund our roads and bridges?
Mr. Trombino. Obviously the gas tax is a funding mechanism
that is used. There are a number of alternatives. It is very
dependent, as I often say, on each individual--from my
perspective and my experience--State. I think every State views
the system differently and has different opportunities as they
seek to fund the system.
At the State level, for sure, there are a multitude of
opportunities that come forward not only from gas taxes,
registration fees, and all types of other types of fees. Some
even use some sort of sales tax. There is a mixture at the
State level.
I think when you get to the Federal level, there is a
strong mix of opportunity in different types of fees and other
things that can be potentially on the table, especially as it
relates to freight and other types of issues as you look into
the future.
From my perspective, if I am confirmed, from the Federal
Highway perspective, my role is to provide I would say advice
and counsel, but at the end of the day, as my experience was in
the State of Iowa, the Governor and the legislature had to make
the decision on how they chose to fund the system. That would
be the same here. Congress will actually make that decision on
what mechanism is best.
Senator Ernst. I appreciate that.
Because we do come from a rural area, you may be more so,
many folks understand the unique transportation challenges we
do have. It is not as easy to just slap in a toll road. That is
not going to pay for our little State highway in Iowa.
As we continue to discuss the infrastructure package here
in this Committee, can you provide some insight on the policies
or policy changes that might be most beneficial to rural
States?
Mr. Trombino. To rural States as a whole? I would say from
a funding perspective, there are a lot of alternatives. The key
ingredient from my perspective is providing flexibility for
States. As I said, every State is a little bit different. The
rural needs and urban needs are different.
Providing tools that allow them to implement projects that
allow them to maximize the dollars for a specific project is
really the key ingredient for them. As you mentioned before,
tolls work in some States, and tolls do not work in some
States. That is true also in the tools. P3s work in some
States. It is a good tool. In some areas, they do not work.
If I am confirmed as Federal Highway Administrator, I would
advise Congress to make sure that tools have those
opportunities to be used as the communities and States see fit.
Senator Ernst. Very good. I appreciate it very much, Mr.
Trombino. Thank you again for stepping up and being willing to
serve in this capacity.
Mr. Trombino. Thank you.
Senator Ernst. Thank you, Mr. Chairman.
Senator Barrasso. Thank you, Senator.
Senator Gillibrand.
Senator Gillibrand. Thank you, Mr. Chairman and Mr. Ranking
Member.
I would like to talk about an issue that recently impacted
several families in New York. In July of this year, three
ambulance workers--Mr. Roderick Cota, Mr. Cory Moore and Mr.
Gregg Williams--were killed when their vehicle crashed into the
side of a disabled tanker that swerved to avoid a deer on the
road. Mr. Moonjohn Kim was also killed when his vehicle hit the
same tanker. Both vehicles struck the trailer and went
completely under it. All passengers were pronounced dead at the
scene.
This tragedy is yet another example of an underride
collision which results in death more often than not. In these
accidents, many of the vehicle safety features are rendered
worthless as the windshield is the first part of the car to
come into contact with the truck. Since either there is nothing
to prevent the car from continuing to slide under the truck or
the existing rear guard fails, the top of the vehicle will be
sheared off.
You can take a look at this picture to see what happens to
the occupants when you go under. They are decapitated. They die
instantly.
The Department of Transportation has been studying this
issue of the slide underride since it put out a proposed
rulemaking on rear underride guards in 1969. Since then,
thousands of people have died in underride crashes throughout
the country.
First of all, are you aware that the Institute for
Insurance and Highway Safety successfully tested a side
underride guard in a 40 mile per hour crash test in August of
this year?
Mr. Trombino. I am not aware of that.
Senator Gillibrand. Will you look into that so you can
familiarize yourself?
Mr. Trombino. Yes, if confirmed, I will definitely review
the available information.
Senator Gillibrand. In light of this development, do you
think the Department of Transportation should consider issuing
a rulemaking that requires trucks be equipped with side
underride guards in order to prevent future tragedies like the
ones that occurred in New York this summer?
Mr. Trombino. If I am confirmed, Senator, I will make sure
we will review all the information and work with you
specifically so that we gather that to understand what the
issues are.
Senator Gillibrand. Since rear underride guards that are in
compliance with Federal law often fail in these crash
situations, do you believe it is necessary to update the 1998
DOT rulemaking that required stronger performance standards?
Mr. Trombino. Safety is at the core of everything we do.
That is ongoing and should be a constant conversation to make
sure we are providing the right safety amount of measures for
the traveling public.
Senator Gillibrand. If you are confirmed, will you give me
a letter report within the first 3 months that you have
reviewed this issue, and give me your views on it?
Mr. Trombino. If I am confirmed, I will make sure that I
review that issue and give you a report.
Senator Gillibrand. Thank you so much.
On the issue of highway privatization, the infrastructure
outline that was released by the Trump administration as part
of the President's fiscal year 2018 budget request outlined
some really sweeping changes to how the Federal Government
would invest in transportation. One of the principles outlined
would turn over infrastructure assets to the private sector. Do
you support privatizing existing highways?
Mr. Trombino. I have not been involved in any of the
conversations with regard to the infrastructure package. If I
would be confirmed, I would really need to make sure that I get
up to speed on those discussions.
Senator Gillibrand. If private companies were allowed to
take over highways, is it fair to assume that those companies
would not be doing so purely as a public service but would be
seeking to make a profit off operation of those highways?
Mr. Trombino. Again, I would have to review that
information so that I understand it.
Senator Gillibrand. How would this impact highways that are
currently not tolled, in your view?
Mr. Trombino. Without understanding all the issues, it
would be hard for me to respond to that question specifically.
Senator Gillibrand. Will you commit to me that if you are
confirmed, within 3 months you will write a letter to me on
these issues giving me your views?
Mr. Trombino. If I am confirmed, I will review all the
issues with regard to the infrastructure bill and specifically
this and will respond.
Senator Gillibrand. Privatization and tolling.
Mr. Trombino. Yes.
Senator Gillibrand. What I am really worried about is when
you privatize--the only reason a company would want something
privatized is if they will make a profit. Unless it is a highly
economic route, they are going to have to put tolls on roads;
they are going to have to raise the cost of driving for
Americans.
That is of concern to me. I would like to not only hear
your oral view but to the extent you have pros and cons in your
own mind, I would like to hear it there.
Mr. Trombino. Thank you.
Senator Gillibrand. Thank you so much.
Thank you, Mr. Chairman.
Senator Carper. Mr. Chairman, could I make a quick
unanimous consent request?
Senator Inhofe [presiding]. Yes.
Senator Carper. I would ask unanimous consent that two
letters be entered in the record. The first is a letter of June
23 sent to Secretary Chao with House Transportation and
Infrastructure Ranking Member DeFazio. The letter requested
information about the department's decision not to implement
the greenhouse gas performance measures in its MAP-21 rules.
The second letter is a more recent letter of September 27
that my minority colleagues and I sent to Secretary Chao asking
her to meet with us about the details of the Administration's
infrastructure plans.
I do not expect Mr. Trombino to be aware of these letters
at this time, but I want to emphasize the importance of our
receiving complete responses to these and other letters.
Thank you.
Senator Inhofe. Without objection.
[The referenced information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Inhofe. Senator Rounds.
Senator Rounds. Thank you, Mr. Chairman.
Mr. Trombino, in 2015 I joined my colleagues in supporting
the Fixing America Surface Transportation Act, the FAST Act.
The FAST Act provided about $305 billion of funding for
transportation infrastructure over a 5 year period of time.
In your previous position as the Director of the Iowa
Department of Transportation, you had similar challenges in
Iowa as we have in South Dakota. You have to manage the flow of
Federal dollars into the State.
In your professional opinion, have the funding formulas
included within the FAST Act worked for rural States like Iowa
and South Dakota?
Mr. Trombino. From a funding perspective, as I was the
State director at Iowa DOT, the biggest thing from our
perspective is, at times, Federal dollars were uncertain. There
is a lot of uncertainty in the dollars and understanding. That
created a lot of difficulty for us to do a long term, high
capital cost infrastructure plan.
The more certainty that came in, the better it was for us
to make plans and implement projects and get the dollars, as I
said, into infrastructure. With the FAST Act, that did provide
certainty for us for a period of time, about 5 years. That was
the key ingredient for us to implement highway improvement
projects.
Senator Rounds. During my time on this Committee, I have
become increasingly concerned about the use of sound science
Government-wide, more or less to say that the best science and
data currently available.
I believe this is an important standard for protecting our
nation's citizens from administrative bias. I think you will
find individuals who consider themselves conservative in nature
as well as those who consider themselves to be more liberal in
their nature who have expressed concerns about the accuracy of
the science that is sometimes being utilized or purported in
some cases not even being delivered by the Science Advisory
Boards which are available to the different agencies.
I think this is a very important issue because it is the
facts that we base a lot of our decisions on. When we cannot
agree on the facts, when we question those facts, it becomes a
lot more difficult to have the political will to come back and
put together the funding necessary for projects.
As Administrator of the FHWA, you will be charged with
making decisions that take into account data driven factors
such as traffic patterns. Should you be confirmed, will you
commit to basing all of your decisions on the best available
science and data?
Mr. Trombino. If I am confirmed, Senator, I would use the
best available data in order for us to make decisions to
implement a safe, resilient, and reliable system.
Senator Rounds. I think you have found on both sides of the
dais up here--Republican and Democrat alike--you have heard
comments about the fact that we need good data to make good
decisions.
Along the coastline, there is a concern, as we recognize,
that they have challenges in low lying areas. As we have seen
sea levels rise, there are projections for them to rise again.
For those States, they have concerns that are probably
different than we have in some of the rural areas. We have our
concerns as well.
When it comes to using the best available data, it seems to
me that it would make it a lot easier for us to allow for the
variables throughout the United States to be taken into
account.
While working for the State of Iowa, you had extensive
experience with the unique circumstances and challenges rural
States face in obtaining funding for transportation projects.
Can you elaborate on some of your experiences while working for
a rural State and how, if confirmed, this would be reflected in
your management of the Federal Highway Administration?
You started talking about this a little bit. In some parts
of the country, toll roads may very well work; the EZ Passes
and so forth that you find here in this part of the world.
Something like that in Iowa or South Dakota is simply not a
part of the culture. What we have, we fund through the State
funding part of it and so forth.
Can you talk a bit about the challenges we have in the
rural States and how you responded kind of from your own
personal background, how you have seen those challenges being
met?
Mr. Trombino. From my perspective, there are a couple of
things. At the Department of Transportation in Iowa, one of the
important key things for us was to have flexibility. A lot of
times as the dollars come down, as the programs got
consolidated, it gave us a little more flexibility to implement
the projects that met the needs in the local areas and rural
areas.
One of the unique things about the State of Iowa is we are
covered by planning associations. We have rural planning
associations or metropolitan planning associations across the
entire State. We have a very good system to work at the local
level and at the State level to help make what we think is the
best decision for each area and implement that project.
Senator Rounds. I would make one last comment. My father
was the first State highway safety director in the State of
South Dakota. He was hired by a guy by the name of Governor Joe
Foss.
Ever since that time, I have looked and marveled at how we
have been able to make improvements and yet there is always
room for more. I appreciate most certainly your review and your
specific comments concerning highway safety in the United
States.
Thank you.
Mr. Trombino. Thank you, Senator.
Senator Rounds. Thank you, Mr. Chairman.
Senator Inhofe. Senator Fischer.
Senator Fischer. Thank you, Mr. Chairman.
Mr. Trombino, as a former director of the Iowa Department
of Transportation, you understand the important role Federal
Highway Administration division offices play in the
infrastructure permitting and approval process.
I have heard concerns from State and local officials in
Nebraska that our State division requires significantly more
documentation for approvals, and that has delayed projects,
which in turn has increased costs.
Will you work to ensure that the Federal Highway
Administration division offices have clear requirements and
that projects will be approved in a timely manner?
Mr. Trombino. If I am confirmed, Senator, I will work to
reach out and understand the issues that have happened in
Nebraska and visit with not only the agency folks there to make
sure that we are improving the process as best we can to
implement projects.
Senator Fischer. Thank you.
I have also heard concerns about FHWA's division offices
not taking into account the needs of the States and localities.
For example, I have heard about Nebraska's division office not
accepting the cost-benefit analysis of noise barriers, even
though that analysis may be approved by the State.
In some cases, cities have been required to build noise
barriers even though the State approved analysis showed their
construction is not reasonable. I believe the State and local
governments have a better understanding of the needs of their
communities than the Federal Government. Would you agree with
that sentiment?
Mr. Trombino. If I am confirmed--first, I come from a rural
State and having a good working relationship and good
communication between Federal Highway and especially the local
division office is a key ingredient for projects to be
efficiently done. I would work to improve that as effectively
as I can.
Senator Fischer. Would you also work with our State and our
localities in meeting those needs as well?
Mr. Trombino. Yes, I will.
Senator Fischer. Earlier this year, I introduced the Build
USA Infrastructure Act, which would allow States to voluntarily
enter into remittance agreements with the Federal Highway
Administration. Under these agreements, States would receive 90
percent of the funding allocated to them in exchange for the
ability to approve environmental approvals and also permits.
Under your previous experience as director of the Iowa
Department of Transportation and also as president of AASHTO,
do you agree that States should play a bigger role when we look
at the environmental review process?
Mr. Trombino. If I am confirmed, I would say that we want
to have a great partnership between USDOT, Federal Highway,
especially, and the States. Ultimately, project stewards
implement and deliver that project. Federal Highway; we need to
support them and help make sure that process, the
decisionmaking process, meets the law but also is effective in
the sense of getting the project delivered.
Senator Fischer. And hopefully streamline it so we don't
have duplication when it comes to a lot of the permitting. You
and I had a conversation about this in my office. Anytime you
look at adding more time to a construction project, we both
know what happens; costs go up.
Mr. Trombino. Absolutely.
Senator Fischer. It is frustrating to watch those costs go
up through duplication of the permitting process when all of us
here in the Senate and Congress--and at the State level as
well--are trying to figure out ways that we can build more,
that we can promote infrastructure in this country. I hope we
can work together on that.
Mr. Trombino. I expect that we will work together. In the
example I used, U.S. Highway 34 was a Nebraska-Iowa project
where it was very challenging from a decisionmaking process to
really help us on the State side to implement that project.
Senator Fischer. Yes, but because we are neighbors, Iowa
and Nebraska; it went smoothly. Thank you, sir.
Mr. Trombino. Thank you, Senator.
Senator Inhofe. Senator Sullivan.
Senator Sullivan. Thank you, Mr. Chairman.
Mr. Trombino, congratulations on your nomination.
Mr. Trombino. Thank you, Senator.
Senator Sullivan. I look forward to having a number of
discussions with you. One thing I want to emphasize in the
brief questioning we have here is a lot of States talk about
how they are unique, but right off the bat, I need to get a
commitment from you to come up to Alaska and see some of the
significant challenges we have with regard to infrastructure.
Let me lay out a couple.
Eighty-two percent of the communities in my State are not
connected by road. I am pretty sure that is not the case in any
other State.
I am pleased to see your previous State experience in Iowa
and Wisconsin. Alaska has about 10,000 miles of paved roads. It
is about roughly 10 times the size of each of the States where
you were in charge with less than a tenth of the amount of the
roads.
We have all kinds of challenges in my State. I would like
your commitment to come up and see them with me.
Mr. Trombino. Senator, if I am confirmed as Federal Highway
Administrator, I will commit to you to come up and visit
Alaska.
Senator Sullivan. Great.
We had Secretary Chao up when we had the transportation and
infrastructure summit in Alaska this summer. She made a
statement which I was very pleased by that as we are working on
infrastructure, the initiative with regard to funding, however
it is going to be funded, the target is going to be at least 25
percent of that to rural States. Is that something with which
you are familiar? Will you commit to that at least number which
the Secretary announced when she was in Alaska?
Mr. Trombino. I have not been privy to any of the
conversations about the potential funding or infrastructure
plan. That is an area in which I would have to get up to speed
if I am confirmed.
Senator Sullivan. Let me ask another question I think you
are hearing from literally everyone on the Committee, which is
permitting reform.
My view is if we undertake major infrastructure without
regard to permitting reform, we are just wasting money. You
have probably seen the studies that show from planning to
permitting to completion of highways in the United States can
take up to 20 years.
We all have these nightmares and stories. The Seattle
Airport, for example, wanted to build a new runway, and it took
15 years to get the permits.
I think the Trump administration is doing a great job--the
CEQ, the President's Executive Order--in a whole host of areas
to not cut corners but to actually bring some common sense to
our permitting.
I have a bill we are very interested in moving forward with
the White House and the Administration called the Rebuild
America Now Act which legislatively codifies a lot of what was
in the President's recent Executive Order on permitting.
If confirmed, can I get your commitment to work with me and
my staff on ways--both from an administrative standpoint and a
legislative standpoint--to get to common sense permitting
reform so we can actually build infrastructure in this country?
Mr. Trombino. Yes, if I am confirmed, I will definitely
work with you on those issues.
Senator Sullivan. This is a more specific issue. When the
Secretary was in Alaska this summer, she made an announcement
regarding a highway project in Alaska that kind of goes to my
last point that back and forth through studies, through
regulatory road blocks, it has been studied in my State for
almost 30 years. It is called the Sterling Highway Project. The
Secretary made an important announcement to kind of move
forward on that.
You are probably not familiar with it, but I want to get
your commitment that if you are confirmed, to work with me and
her--she is obviously very motivated about this because she was
focused on it in her visit to Alaska--to work with us to move
forward on a really important project for the State that, as I
mentioned, has been the focus of 30 years of studies. Can I get
your commitment on that?
Mr. Trombino. Yes, if confirmed, I will work on that.
Senator Sullivan. Let me ask a final question.
What are your top three priorities, if you are confirmed,
with regard to this critically important position?
Mr. Trombino. Of the top three things, the first piece is I
have worked with Federal Highways in two different States and
have a good sense. They are a great organization. I really have
to get up to speed with the organization and get to know the
people. I really want to focus on improving the process.
At times in my experience in the two States, projects have
been cumbersome to get out the door. I would really like to
work with Federal Highway.
Senator Sullivan. That is a diplomatic word, but I
appreciate your sense of that.
Mr. Trombino. And implement an effective process.
Senator Sullivan. Great. Thank you, Mr. Chairman.
Senator Barrasso [presiding]. Thank you, Senator Sullivan.
Mr. Trombino, you have served as leader in departments of
transportation in Iowa as well as in Wisconsin, relatively
rural States. You have also served as the leader in the
national transportation issues, most notably as president of
the American Association of State Highway and Transportation
Officials.
Through these experiences, what did you learn regarding the
need for Federal policymakers to account for the differences
between rural and urban transportation issues? How will you
make sure the FHWA fulfills all of its obligations to rural
States like Wyoming, like the ones you worked in before and not
just the urban States like New York, New Jersey, and
California?
Mr. Trombino. Mr. Chairman, the first thing is all tools
and all mechanisms do not work in every State. Having come from
two different States, rural in some cases and some urban areas,
the processes and the needs for each State are different.
Having the opportunity to make sure that we, from the Federal
Highway perspective, if I am confirmed, provide opportunity and
flexibility for the State as much as we can within the law to
make sure they can effectively implement their projects is
crucial.
Senator Barrasso. I think we all agree that the highways,
roads, and bridges are going to be a central component of any
infrastructure package. I have a two part question. What role
should the Federal Highway Administration play in developing as
well as implementing an infrastructure package? If confirmed,
would you commit to working with this Committee to ensure that
any infrastructure package addresses the needs of our nation's
transportation systems in both rural as well as urban areas?
Mr. Trombino. If confirmed, I will commit to working with
the Committee on those rural and urban issues in regard to
transportation. From a development perspective, I have not been
involved or privy to any of the conversations in regard to
infrastructure. That is one of the areas, if confirmed, I would
need to get up to speed in to make sure we are focused on broad
transportation implications for all States.
Senator Barrasso. I have raised concerns in this Committee
with Secretary Chao regarding the U.S. Department of
Transportation's regulations that I believe unnecessarily
subject rural State departments of transportation to the same
rules as urban State departments of transportation.
If confirmed, will you commit to working with me and
members of this committee to ensure that regulations, as they
impact rural States, are common sense and take into account the
legitimate concerns we see in rural States?
I ask this as someone--also Senator Fischer, a member of
this Committee--and she and I both served in our State
legislatures. She chaired the Transportation Committee in
Nebraska. I chaired the Transportation Committee in our State
Senate in Wyoming. We always would see regulations coming down
that probably made a lot of sense to New York City or for San
Francisco but made no sense, in her case, for Nebraska, and in
my case, for Wyoming.
Mr. Trombino. Yes, I will commit to working with you and
the Committee to make sure, if I am confirmed, that there are
opportunities and flexibility for all States.
Senator Barrasso. Many States believe the highway formula
funding is important because it enables them to plan
effectively and properly put funds to work. Do you agree that
putting more Federal money into existing formula programs
enables the States to put funds to work more expeditiously than
creating new programs that are less well understood?
Mr. Trombino. Formula funding is one way to provide funding
to States.
Senator Barrasso. I ask unanimous consent to enter the
following letters of support for you into the record. I do not
see any objections.
[The referenced information was not received at time of
print.]
Senator Barrasso. I do not see anyone here with additional
questions.
If there are no more questions for today, the members may
submit follow up written questions as we have discussed. They
can do that for the record by the close of business on
tomorrow. You should please respond to these questions by the
close of business on Thursday, October 12.
I want to thank you and congratulate you again. Thank you
for your time. Thank you for your testimony.
The hearing is adjourned.
[Whereupon, at 10:36 a.m., the Committee was adjourned.]