Make Transportation Authorities Accountable and Transparent Act

— 620 — Mandate for Leadership: The Conservative Promise and formula grants, known as obligations, annually in areas ranging from transit systems to road construction to universities and has lent or subsidized more than $60 billion since the Transportation Infrastructure Finance and Innovation Act (TIFIA) program,3 now managed by the Build America Bureau, was created in 1998. This evolved role as a major, and often primary, funding and financing source is far from the department’s original policy framework. It also removes incentives for state and local officials to ensure that investments are worthwhile, because federal money removes the need to get public buy-in to build and maintain infrastructure projects as funding becomes “someone else’s money.” Despite the department’s tremendous resources, congressional mandates and funding priorities have made it difficult for DOT to focus on the pressing trans- portation challenges that most directly affect average Americans, such as the high cost of personal automobiles, especially in an era of high inflation; unpredictable and expensive commercial shipping by rail, air, and sea; and infrastructure spend- ing that does not match the types of transportation that most Americans prefer. Transforming the department to address the varied needs of all Americans more effectively remains a central challenge. DOT is particularly difficult to manage because its 11 major components—nine modal administrations, the Office of the Secretary, and the Office of the Inspector General—all have their own sets of personnel including administrators, deputy administrators, chiefs of staff, and general counsels. Most grants flow through the modes, such as the Federal Highway Administration, Federal Transit Administra- tion, and Federal Aviation Administration. The Office of the Secretary contains its own grantmaking operation that funds research and some special grants, as well as a major lending operation, the Build America Bureau, that functions as an infrastructure bank. The Office of the Sec- retary has department-wide offices for such functions as Budget and Financial Management, the General Counsel, Policy, the Office of Research and Technology, Government Affairs, Administration, the Office of the Chief Information Officer, Small and Disadvantaged Business Utilization, Public Affairs, Drug and Alcohol Policy and Compliance, and Civil Rights. The modal administrations include the: l Federal Aviation Administration (FAA); l Federal Highway Administration (FHWA); l Federal Railroad Administration (FRA); l National Highway Traffic Safety Administration (NHTSA); l Federal Transit Administration (FTA); — 621 — Department of Transportation l Great Lakes St. Lawrence Seaway Development Corporation (GLS); l Maritime Administration (MARAD); l Federal Motor Carrier Safety Administration (FMCSA); and l Pipeline and Hazardous Materials Safety Administration (PHMSA). DOT’s fundamental problem is that instead of being able to focus on providing Americans with affordable and abundant transportation, it has become saddled with congressional requirements that reduce the department to a de facto grant- making organization. Yet there is little need for much of this grantmaking, for two reasons: l New technology enables private companies to charge for transportation in many areas, which could transform how innovation is financed. It is vital to consider the role of user fees and other pricing innovations with regard to transportation infrastructure. Airport landing fees for aircraft, toll charges on roads and bridges, and per-gallon taxes on gasoline and diesel fuel are all examples of user charges that affect the decisions of transportation system users. These changes could shift our nation’s transportation away from being a top–down system that is misaligned with the needs of so many Americans. Increasing private-sector financing could revolutionize travel and increase everyday mobility to its greatest potential in a way that Americans prefer. Doing so would keep transportation decisions out of the hands of bureaucrats in Washington, D.C., who are far removed from local problems and preferences. l If funding must be federal, it would be more efficient for the U.S. Congress to send transportation grants to each of the 50 states and allow each state to purchase the transportation services that it thinks are best. Such an approach would enable states to prioritize different types of transportation according to the needs of their citizens. States that rely more on automotive transportation, for example, could use their funding to meet those needs. Meanwhile, many Americans continue to confront serious challenges with their day-to-day transportation, including costs that have increased dramati- cally in recent years. DOT in its current form is insufficiently equipped to address those problems. DOT’s discretionary grant-making processes should be abol- ished, and funding should be focused on formulaic distributions to the states, which know best their transportation needs and are incentivized to think of the

— 640 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Department of Transportation, 2023 Budget Highlights, p. 1, https://www.transportation.gov/sites/dot. gov/files/2022-03/Budget_Highlights_FY2023.pdf (accessed March 3, 2023). 2. U.S. Department of Transportation, DEIA [Diversity, Equity, Inclusion, and Accessibility] Strategic Plan FY22– FY26, p. 2, https://www.transportation.gov/sites/dot.gov/files/2022-09/DOT%20DEIA%20Strategic%20Plan. pdf (accessed March 3, 2023). 3. 23 U.S. Code §§ 601–609, https://www.law.cornell.edu/uscode/text/23 (accessed March 3, 2023). 4. U.S. Department of Transportation, Office of the Secretary, “Administrative Rulemaking, Guidance, and Enforcement Procedures,” Final Rule, Federal Register, Vol. 84, No. 248 (December 27, 2019), pp. 71714–71734, https://www.transportation.gov/sites/dot.gov/files/docs/regulations/361831/fed-reg-published-final-admin- rule.pdf (accessed March 3, 2023). 5. U.S. Department of Transportation, Build America Bureau, “About the Build America Bureau,” last updated October 24, 2022, https://www.transportation.gov/buildamerica/about (accessed March 3, 2023). 6. S. 622, Energy Policy and Conservation Act, Public Law No. 94-163, 94th Congress, December 22, 1995, https:// www.congress.gov/94/statute/STATUTE-89/STATUTE-89-Pg871.pdf (accessed March 3, 2023). 7. 42 U.S. Code Chapter 85, https://www.law.cornell.edu/uscode/text/42/chapter-85 (accessed March 3, 2023). 8. U.S. Department of Transportation, National Highway Traffic Safety Administration, “Corporate Average Fuel Economy Standards for Model Years 2024–2026 Passenger Cars and Light Trucks,” Final Rule, Federal Register, Vol. 87, No. 84 (May 2, 2022), pp. 25710–26092, https://www.govinfo.gov/content/pkg/FR-2022-05- 02/pdf/2022-07200.pdf (accessed March 10, 2023). 9. U.S. Department of Transportation, Office of the Secretary, “Defining Unfair or Deceptive Practices,” Final Rule, Federal Register, Vol. 85, No. 235 (December 7, 2020), pp. 78707–78718, https://www.transportation.gov/ sites/dot.gov/files/2020-12/Defining%20Unfair%20or%20Deceptive%20Practices%20Final%20Rule%20-%20 85%20FR%2078707.pdf (accessed March 3, 2023). 10. U.S. Department of Transportation, Office of the Secretary, “Procedures in Regulating Unfair or Deceptive Practices,” Final Rule, Federal Register, Vol. 87, No. 22 (February 2, 2022), pp. 5655–5659, https://www. govinfo.gov/content/pkg/FR-2022-02-02/pdf/2022-01589.pdf (accessed March 3, 2023). 11. U.S. Department of Transportation, Federal Aviation Administration, Budget Estimates Fiscal Year 2023, p. 1, https://www.transportation.gov/sites/dot.gov/files/2022-04/FAA_Budget_Estimates_FY2023.pdf (accessed March 3, 2023). 12. Robert W. Poole, Jr., Organization and Innovation in Air Traffic Control, Hudson Institute Initiative on Future Innovation, November 2013, https://www.hudson.org/sites/default/files/researchattachments/ attachment/1199/poole_hi_res.pdf (accessed March 3, 2023). Also published subsequently as Reason Foundation Policy Study No. 431, January 2014, https://reason.org/wp-content/uploads/files/air_traffic_ control_organization_innovation.pdf (accessed March 3, 2023). 13. H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 117-58, 117th Congress, November 15, 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed March 3, 2023). 14. S. 6, Urban Mass Transportation Act of 1964, Public Law 88-365, 88th Congress, July 9, 1964, https://www. govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg302-2.pdf (accessed March 3, 2023). 15. U.S. Department of Transportation, Maritime Administration, “About Us,” last updated March 23, 2022, https:// www.maritime.dot.gov/about-us (accessed March 4, 2023). 16. H.R. 10378, Merchant Marine Act of 1920, Public Law 66-261, 66th Congress, June 5, 1920, https://govtrackus. s3.amazonaws.com/legislink/pdf/stat/41/STATUTE-41-Pg988.pdf (accessed March 3, 2023). — 641 — 20 DEPARTMENT OF VETERANS AFFAIRS Brooks D. Tucker MISSION STATEMENT The Department of Veterans Affairs (VA) is the primary provider of health care, benefits, and memorial affairs for America’s veterans and their families. The VA has the noble responsibility to render exceptional and timely support and services with respect, compassion, and competence. The veteran is at the forefront of every VA process and interaction. The VA must continually strive to be recognized as a “best in class,” “Veteran-centric”1 system with an organizational ethos inspired by and accountable to the needs and problems of veterans, not subservient to the parochial preferences of a bureaucracy. OVERVIEW At the end of the Obama Administration, the VA was held in low esteem both by the veterans it served and by the employees who served these former warriors. Eroding morale caused by the downstream effects of a health care access crisis in 2014 led to the resignation of Secretary Eric Shinseki and extensive oversight investigations by Congress from 2015–2016. By 2020, however, the VA had become one of the most respected U.S. agencies. This significant progress was due in part to the leadership of Secretary Robert Wilkie (2018–2021) and his team of political appointees and career senior executives, many of them veterans, who led the effort to ensure that the VA became “Veteran-centric” in its governance decisions and fostered a more positive work environment. This mindset translated into a department that was better attuned to employees’ and veterans’ needs and experiences in the daily operations of health care, benefits,

— 640 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Department of Transportation, 2023 Budget Highlights, p. 1, https://www.transportation.gov/sites/dot. gov/files/2022-03/Budget_Highlights_FY2023.pdf (accessed March 3, 2023). 2. U.S. Department of Transportation, DEIA [Diversity, Equity, Inclusion, and Accessibility] Strategic Plan FY22– FY26, p. 2, https://www.transportation.gov/sites/dot.gov/files/2022-09/DOT%20DEIA%20Strategic%20Plan. pdf (accessed March 3, 2023). 3. 23 U.S. Code §§ 601–609, https://www.law.cornell.edu/uscode/text/23 (accessed March 3, 2023). 4. U.S. Department of Transportation, Office of the Secretary, “Administrative Rulemaking, Guidance, and Enforcement Procedures,” Final Rule, Federal Register, Vol. 84, No. 248 (December 27, 2019), pp. 71714–71734, https://www.transportation.gov/sites/dot.gov/files/docs/regulations/361831/fed-reg-published-final-admin- rule.pdf (accessed March 3, 2023). 5. U.S. Department of Transportation, Build America Bureau, “About the Build America Bureau,” last updated October 24, 2022, https://www.transportation.gov/buildamerica/about (accessed March 3, 2023). 6. S. 622, Energy Policy and Conservation Act, Public Law No. 94-163, 94th Congress, December 22, 1995, https:// www.congress.gov/94/statute/STATUTE-89/STATUTE-89-Pg871.pdf (accessed March 3, 2023). 7. 42 U.S. Code Chapter 85, https://www.law.cornell.edu/uscode/text/42/chapter-85 (accessed March 3, 2023). 8. U.S. Department of Transportation, National Highway Traffic Safety Administration, “Corporate Average Fuel Economy Standards for Model Years 2024–2026 Passenger Cars and Light Trucks,” Final Rule, Federal Register, Vol. 87, No. 84 (May 2, 2022), pp. 25710–26092, https://www.govinfo.gov/content/pkg/FR-2022-05- 02/pdf/2022-07200.pdf (accessed March 10, 2023). 9. U.S. Department of Transportation, Office of the Secretary, “Defining Unfair or Deceptive Practices,” Final Rule, Federal Register, Vol. 85, No. 235 (December 7, 2020), pp. 78707–78718, https://www.transportation.gov/ sites/dot.gov/files/2020-12/Defining%20Unfair%20or%20Deceptive%20Practices%20Final%20Rule%20-%20 85%20FR%2078707.pdf (accessed March 3, 2023). 10. U.S. Department of Transportation, Office of the Secretary, “Procedures in Regulating Unfair or Deceptive Practices,” Final Rule, Federal Register, Vol. 87, No. 22 (February 2, 2022), pp. 5655–5659, https://www. govinfo.gov/content/pkg/FR-2022-02-02/pdf/2022-01589.pdf (accessed March 3, 2023). 11. U.S. Department of Transportation, Federal Aviation Administration, Budget Estimates Fiscal Year 2023, p. 1, https://www.transportation.gov/sites/dot.gov/files/2022-04/FAA_Budget_Estimates_FY2023.pdf (accessed March 3, 2023). 12. Robert W. Poole, Jr., Organization and Innovation in Air Traffic Control, Hudson Institute Initiative on Future Innovation, November 2013, https://www.hudson.org/sites/default/files/researchattachments/ attachment/1199/poole_hi_res.pdf (accessed March 3, 2023). Also published subsequently as Reason Foundation Policy Study No. 431, January 2014, https://reason.org/wp-content/uploads/files/air_traffic_ control_organization_innovation.pdf (accessed March 3, 2023). 13. H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 117-58, 117th Congress, November 15, 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed March 3, 2023). 14. S. 6, Urban Mass Transportation Act of 1964, Public Law 88-365, 88th Congress, July 9, 1964, https://www. govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg302-2.pdf (accessed March 3, 2023). 15. U.S. Department of Transportation, Maritime Administration, “About Us,” last updated March 23, 2022, https:// www.maritime.dot.gov/about-us (accessed March 4, 2023). 16. H.R. 10378, Merchant Marine Act of 1920, Public Law 66-261, 66th Congress, June 5, 1920, https://govtrackus. s3.amazonaws.com/legislink/pdf/stat/41/STATUTE-41-Pg988.pdf (accessed March 3, 2023).