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Surface Transportation Program
Reauthorization Issues for Congress
Robert S. Kirk
Specialist in Transportation Policy
William J. Mallett
Specialist in Transportation Policy
David Randall Peterman
Analyst in Transportation Policy
John Frittelli
Specialist in Transportation Policy
Bill Canis
Specialist in Industrial Organization and Business
Linda Luther
Analyst in Environmental Policy
October 7, 2014
Congressional Research Service
7-5700
www.crs.gov
R43420
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Surface Transportation Program Reauthorization Issues for Congress
Summary
The Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), a two-year
authorization of federal spending on highway and public transportation programs, surface
transportation safety and research, and some rail programs, was set to expire September 30, 2014.
The Highway and Transportation Funding Act of 2014 (P.L. 113-159), enacted on August 8, 2014,
extended the authorization of the programs and expenditure authority of the highway trust fund
through May 31, 2015. The legislation also transfers $10.765 billion to the highway trust fund
(HTF), with $9.765 billion from the general fund and $1 billion from the Leaking Underground
Storage Tank (LUST) fund.
Nearly all the funding for highways and most of the funding for public transportation is drawn
from the HTF. However, the motor fuel taxes that are the main source of HTF revenue no longer
raise enough money to support the programs Congress has authorized. Congressional Budget
Office projections indicate that the shortfall between revenues and outlays will average roughly
$15 billion annually from FY2015 through FY2020. MAP-21 made up most of the difference
between motor fuel tax revenue and spending authorization by transferring money from the
Treasury general fund to the HTF. As Congress considers surface transportation reauthorization,
the funding shortfall is the major issue framing the debate. The alternatives will involve choices
among raising motor fuels taxes, cutting spending, finding other revenue sources for the HTF,
approving further transfers from the general fund, and seeking to increase private investment in
surface transportation infrastructure. MAP-21 made major changes in the program structure for
both highways and public transportation. Some of the changes were designed to increase program
efficiency by requiring performance measurement and streamlining project development. As
these changes are recent, their effectiveness may be difficult to evaluate.
Other issues likely to arise in the reauthorization process include the following:
• whether MAP-21’s consolidation and reorganization of highway, public
transportation, and surface transportation safety programs are working as
intended;
• whether states are maintaining their spending effort to meet highway needs;
• whether the Federal Highway Administration is enforcing federal regulatory
requirements;
• whether the greater state control over highway spending decisions enacted in
MAP-21 has led to sufficient attention to repairing or replacing deficient bridges;
• whether MAP-21 reductions in the Bus and Bus Facilities Program funding have
created difficulties for small transit agencies;
• whether expanding federal credit programs or creating a national infrastructure
bank would be useful in meeting transportation infrastructure needs;
• whether the national freight planning process established in MAP-21 should now
lead to a major federal initiative related to freight transportation.
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Contents
Introduction ...................................................................................................................................... 1
Funding Surface Transportation ....................................................................................................... 2
Addressing the Funding Gap ..................................................................................................... 4
Program Structure ............................................................................................................................ 4
Federal-Aid Highway Programs ................................................................................................ 4
The Public Transportation Program ........................................................................................... 5
Other Programs .......................................................................................................................... 6
MAP-21’s Legacy ............................................................................................................................ 7
Highway Issues in Reauthorization ................................................................................................. 7
Highway Conditions .................................................................................................................. 7
Highway Bridge Improvement .................................................................................................. 8
Tolling Issues ............................................................................................................................. 8
Donor Status .............................................................................................................................. 8
The Federal-State Partnership Issues ......................................................................................... 9
Maintenance of Effort ......................................................................................................... 9
FHWA Oversight ................................................................................................................. 9
Emergency Relief Program ....................................................................................................... 9
Public Transportation Issues .......................................................................................................... 10
Program Funding ..................................................................................................................... 10
Mass Transit Account of the Highway Trust Fund .................................................................. 11
New Starts Program ................................................................................................................. 11
Bus and Bus Facilities Program .............................................................................................. 12
Financing Issues in Surface Transportation ................................................................................... 12
Intercity Passenger Rail Transportation ......................................................................................... 14
Freight Issues ................................................................................................................................. 15
Truck Size and Weight ............................................................................................................. 15
Identifying Highway Segments Critical to Freight Movement ............................................... 15
Transportation Impacts of Domestic Energy Production......................................................... 15
Highway Safety ............................................................................................................................. 17
Motor Carrier Safety Issues ........................................................................................................... 17
Recall Policy Issues ....................................................................................................................... 18
Environmental Issues ..................................................................................................................... 18
Streamlining Environmental Reviews ..................................................................................... 18
The CMAQ Program ............................................................................................................... 19
Research and Technology .............................................................................................................. 20
Author Contact Information........................................................................................................... 20
Figures
Figure 1. Federal Public Transportation Program Funding Shares .................................................. 6
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Tables
Table 1. Projected HTF Sufficiency: FY2015-FY2020 ................................................................... 3
Table 2. Apportioned Programs (Contract Authority) ...................................................................... 5
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Introduction
Surface transportation authorization acts authorize spending on federal highway and public
transportation programs, surface transportation safety and research, and some rail programs. The
most recent multiyear authorization for federal surface transportation programs, the Moving
Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), reauthorized federal surface
transportation programs and activities through September 30, 2014.
MAP-21 authorized roughly $105 billion for FY2013 and FY2014 combined, in addition to $13
billion to be spent during FY2012. It also made a wide variety of changes to federal surface
transportation programs.
MAP-21 was extended for eight months on August 8, 2014, by the Highway and Transportation
Funding Act of 2014 (P.L. 113-159). The act provided $10.8 billion in transfers to the HTF and
extended the policies and funding authorizations of MAP-21 from October 1, 2014, through May
31, 2015. Even so, according to Congressional Budget Office (CBO) estimates, the balance in the
highway account of the HTF will approach zero near the end of FY2015, far below the $4 billion
level considered prudent.
Surface transportation reauthorization acts typically deal with many programs and activities, from
highway safety to grants for transit buses to environmental review of proposed transportation
projects. However, funding is likely to be the dominant issue as Congress debates whether to
extend MAP-21 or pass a new multiyear bill. There are two reasons this is likely to be the case:
• A large majority of federal surface transportation spending is financed through
the highway trust fund (HTF), which is funded mainly by federal taxes on motor
fuels. Anticipated revenue from these taxes is projected to be far less than would
be required to fund current surface transportation programs. Congress faces the
choice of increasing the taxes, reducing the scope of the programs, or identifying
other revenue sources to support surface transportation.
• Many of the changes made to surface transportation programs in MAP-21 have
been in place for two years or less. Hence, it may be difficult for Congress to
determine the effectiveness of those changes and the desirability of making other
changes to the programs.
For discussion of the many changes included in MAP-21, see CRS Report R42762, Surface
Transportation Funding and Programs Under MAP-21: Moving Ahead for Progress in the 21st
Century Act (P.L. 112-141), coordinated by Robert S. Kirk.
Surface transportation reauthorization addresses matters under the jurisdictions of many
committees. In the House of Representatives, the Transportation and Infrastructure Committee
(T&I) has jurisdiction over the programmatic content of the bill, but the Ways and Means
Committee has jurisdiction over the revenue provisions for the HTF and any offsets.1 In the
Senate, the Environment and Public Works Committee (EPW) has jurisdiction over highway
programs; the Banking, Housing, and Urban Affairs Committee has jurisdiction over public
1 In this case, offsets are provisions projected to increase revenue with the intent of keeping general fund transfers to
the HTF from increasing the budget deficit.
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transportation programs; the Commerce, Science, and Transportation Committee has jurisdiction
over the highway safety, truck safety, railroad, and freight provisions; and the Finance Committee
has jurisdiction over revenues for the HTF and any needed offsets.2
Funding Surface Transportation
Federal surface transportation programs are currently funded primarily through taxes on motor
fuels that are deposited in the HTF. The basic fuel tax rates, which are fixed in terms of cents per
gallon, have not been increased at the federal level since 1993. Prior to the recession that began in
2007, annual increases in driving, with a concomitant increase in fuel use, were sufficient to keep
revenues rising steadily. This is no longer the case. Highway vehicle-miles traveled were lower in
2011 than in any year since 2003, although they have recovered somewhat since then.3 Future
increases in fuel economy standards are expected to suppress motor fuel consumption in the years
ahead, even if annual increases in vehicle mileage continue. Congress will confront the mismatch
between the desired surface transportation program and the revenues generated by motor fuels
taxes as it considers options for reauthorizing the program beyond May 2015. For more on
highway trust fund sufficiency issues, see CRS Report R42877, Funding and Financing
Highways and Public Transportation, by Robert S. Kirk and William J. Mallett.
The highway trust fund comprises two separate accounts—highways and mass transit. The
primary revenue sources for these accounts are an 18.4-cent-per-gallon federal tax on gasoline
and a 24.4-cent-per-gallon federal tax on diesel fuel. Although the HTF has other sources of
revenue, fuel taxes provide about 90% of the income to the fund. The transit account receives
2.86 cents per gallon of fuel taxes, with the remainder of the tax revenue flowing into the
highway account.4
Since the trust fund was created in 1956, Congress has passed legislation to increase motor fuels
taxes four times: in 1959 (a 1-cent-per-gallon increase to 4 cents per gallon), 1982 (a 5-cent-per-
gallon increase to 9 cents per gallon), 1990 (a 5-cent-per-gallon increase to 14 cents per gallon),
and 1993 (a 4.3-cent- per-gallon increase to 18.3 cents per gallon). For background, see CRS
Report RL30304, The Federal Excise Tax on Motor Fuels and the Highway Trust Fund: Current
Law and Legislative History, by Sean Lowry.
The federal government generally does not build roads or transit systems; almost all expenditures
from the HTF go to reimburse state governments or transit agencies for work on authorized
projects. According to CBO projections, revenue flowing into the HTF through 2020 pursuant to
existing law will fall far short of the amount needed to sustain the current level of outlays (see
Table 1). CBO projects that HTF outlays will exceed revenues by an average of just over $15
billion per year, or $91 billion over a six-year period.5
2 For more detail on jurisdiction see the Rules of the House (Rule X), http://clerk.house.gov/legislative/house-rules.pdf,
and Senate, http://www.rules.senate.gov/public/index.cfm?p=RuleXXV.
3 Bureau of Transportation Statistics, National Transportation Statistics, Table 1-35, http://www.rita.dot.gov/bts/sites/
rita.dot.gov.bts/files/publications/national_transportation_statistics/html/table_01_35.html_mfd. Vehicle miles traveled
have risen since then see, http://www.fhwa.dot.gov/pressroom/fhwa1430.cfm.
4 0.1 cents per gallon of the fuel tax is credited to the Leaking Underground Storage Tank (LUST) fund and is not part
of the transportation program.
5 Factoring in the transfers included in the August 2014 extension legislation (P.L. 113-159), brings down the needed
(continued...)
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Table 1. Projected HTF Sufficiency: FY2015-FY2020
Billions of Dollars
Fiscal Year
HTF Revenue
HTF Outlays
Difference
2015 38
53
-15
2016 39
53
-14
2017 39
53
-14
2018 39
55
-16
2019 39
55
-16
2020 39
55
-16
Four-year total
155
214
-59
Four-year annual average
39
54
-15
Six-year total
233
324
-91
Six-year annual average
39
54
-15
Source: CBO, Projections of Highway Trust Fund Accounts Under CBO’s August 2014 Baseline, August 2014. Figures
may not add due to rounding.
Notes: Includes combined figures from both the highway account and the mass transit account. The HTF
Revenue column includes interest on the HTF balances. Outlays refer to the spending of budget authority. In this
case the spending of funds debited from the HTF.
Although the HTF cannot maintain negative balances under current law, CBO projects a
cumulative shortfall in both accounts combined in the second half of FY2015, meaning the HTF
would not have the money available to reimburse state governments and local transit agencies in
a timely fashion.6 This is what the House Ways and Means Committee and the Senate Committee
on Finance face in terms of raising revenues or finding offsets for Treasury general fund transfers,
should Congress choose to fund surface transportation at the current baseline level, adjusted for
inflation.
Since the HTF currently provides all but about $2 billion of annual spending authorized in the
surface transportation act (the main exception being the Federal Transit Administration’s New
Starts program), these numbers have implications for the size of the program Congress can
approve. Shaping a program that could be supported by revenues that now flow into the HTF
implies annual highway and transit outlays of roughly $39 billion through 2020, significantly less
than FY2014 outlays of roughly $53 billion. It also implies that the Federal Highway
Administration (FHWA) and the Federal Transit Administration (FTA) would have less contract
authority to approve projects on which money would be spent in future years.7
(...continued)
transfers or new revenues needed for a six year bill to roughly $85 billion. A four year bill would require $52 billion.
6 CBO, Highway Trust Fund projections: CBO August FY2014. See also http://www.cbo.gov/sites/default/files/
cbofiles/attachments/45132-Transportation.pdf. According to the U.S. Department of Transportation, a “prudent cash
balance” of $4 billion in the highway account and $1 billion to $2 billion in the mass transit account are needed to
prevent the HTF balances from approaching zero.
7 Contract authority is a type of budget authority that is available for obligation even without an appropriation (although
appropriators must eventually provide liquidating authority to permit the eventual outlays). Contract authority is the
type of budget authority used by the HTF.
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Addressing the Funding Gap
The projected funding gap is equal to nearly 40% of projected annual HTF revenue. The policy
alternatives fall into three categories. One involves reducing spending by narrowing the scope of
or eliminating federal surface transportation programs. A second alternative is to transfer money
from the Treasury general fund into the HTF, or even eliminate the HTF and fund transportation
programs directly from the general fund; Congress approved $18.8 billion of general fund
transfers in MAP-21 and additional $10.8 billion in general and LUST fund transfers in extension
legislation in 2014. Revenue provisions were included to offset the impact of the transfers on the
general fund. A third alternative is to authorize other sources of revenue for the HTF. Among the
revenue-raising proposals that have received the most attention are the following:
• raising the existing motor fuels taxes to adjust for the loss of value since the rates
were last set in 1993, indexing the future rates to inflation, and including
adjustments for future increases in fuel efficiency;
• replacing the existing fuels taxes with a national sales tax on motor fuels or a
national tax levied on oil at the refinery level, so that revenues would increase
with price increases (although they may also fall if prices decrease);
• imposing a charge based on vehicle miles traveled (VMT) instead of or in
addition to motor fuels taxes, in order to tie each vehicle’s annual payment more
directly to road use;
• imposing a variety of additional federal taxes dedicated to surface transportation,
such as a freight container tax, a sales tax on automobiles, a federal vehicle
registration fee, or import duties;
• directing revenues from new energy leasing and production offshore and on
federal lands to the HTF; and
• directing revenues produced through reform of the tax code to the HTF.
Program Structure
Federal-Aid Highway Programs
The federal government has provided some form of highway funding to the states for over 100
years. The major characteristics of the federal highway program have been constant since the
early 1920s. First, most funds are apportioned to the states by formulas established in law, and
implementation is left primarily to state departments of transportation (state DOTs). Second, the
states are required to provide matching funds for each project. The federal share is now 80% for
non-Interstate system road projects and 90% for Interstate system projects. Third, generally,
federal money can be spent only on designated federal-aid highways, which make up about a
quarter of U.S. public roads.
The Federal-Aid Highway Program (FAHP) is an umbrella term for the separate highway
programs administered by FHWA. MAP-21 authorized $40.9 billion for FY2013 and $41.0
billion for FY2014 for FAHP. These programs are almost entirely focused on highway
construction and generally do not support operations. Each state is required to have a Statewide
Transportation Improvement Program, which sets priorities for the state’s use of FAHP funds.
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State DOTs largely determine which projects are funded, let the contracts, and oversee project
development and construction.
Under MAP-21, 92% of FAHP funding is distributed through five core programs plus some
additional funding for Metropolitan Transportation Planning (see Table 2). All five are formula
programs, meaning that each state’s share of each program’s total annual authorization is based
on a mathematical calculation set out in the law. The remaining programs, generally referred to as
discretionary programs, are administered more directly by FHWA. The FAHP does not provide
money in advance. Rather, a state receives bills and often pays upfront for work completed, and
then submits vouchers for reimbursement to FHWA.8 For more on the FAHP, see CRS Report
R42793, Federal-Aid Highway Program (FAHP): In Brief, by Robert S. Kirk.
Table 2 shows the dollar amounts of the aggregate programmatic split under MAP-21.9
Table 2. Apportioned Programs (Contract Authority)
Millions of Dollars
Program FY2013
FY2014
Total
National Highway Performance Program (NHPP)
21,752
21,936
43,687
Surface Transportation Program (STP)
10,005
10,090
20,095
Highway Safety Improvement Program (HSIP)
2,390
2,411
4,801
Congestion Mitigation & Air Quality Improvement Program
2,209 2,228 4,437
(CMAQ)
Metropolitan Transportation Planning
312
314
626
Transportation Alternatives (TA)
809
820
1,629
Total 37,477
37,798
75,275
Source: Federal Highway Administration.
Notes: P.L. 113-159 authorized 243/365 of the funds authorized for FY2014 for the period October 1, 2014, to
May 31, 2015.
The Public Transportation Program
Federal assistance to public transportation is provided primarily through the public transportation
program administered by FTA. MAP-21 authorized $10.6 billion for the federal public
transportation program in FY2013 and $10.7 billion in FY2014. The Highway and Transportation
Funding Act of 2014 extends the FY2014 authorized funding level though May 31, 2015.
FTA administers six major programs: (1) Urbanized Area Formula, accounting for 42% of the
funding authorized; (2) State of Good Repair, 20%; (3) New Starts, 18%; (4) Rural Area Formula,
6%; (5) Bus and Bus Facilities Formula, 4%; and (6) Enhanced Mobility of Seniors and
8 Federal Highway Administration, Financing Federal-Aid Highways, FHWA-PL-07-017, Washington, DC, March
2007, pp. 17-18, http://www.fhwa.dot.gov/reports/financingfederalaid/financing_highways.pdf.
9 Federal Highway Administration, MAP-21: Federal Highway Administration; Funding Tables, Washington, DC,
2012, http://www.fhwa.dot.gov/map21/funding.cfm. This site includes tables that set forth the estimated
apportionments over the life of MAP-21 on a state-by-state basis.
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Individuals with Disabilities, 2%. About 5% of the public transportation program funding, $519
million in FY2013 and $526 million in FY2014, was authorized for the Growing States and High
Density States Formula. This is not a program per se, but provides additional money to some
places and is distributed through the Urbanized and Rural Area Formula Programs. The remaining
share of funding, about 3%, goes for such things as planning, research, and FTA operations
(Figure 1). For more on FTA programs, see CRS Report R42706, Federal Public
Transportation Program: In Brief, by William J. Mallett.
Figure 1. Federal Public Transportation Program Funding Shares
Funding Authorized, FY2013-FY2014
State of Good
Repair
20%
Urbanized Area
Formula
42%
Rural Area Formula
6%
Growing States and
High Density States
Formula
5%
Bus and Bus
Facilities Formula
4%
Elderly and Disabled
2%
Other Trust Funded
Other General
1%
Funded
New Starts
2%
18%
Source: Federal Transit Administration, MAP-21 Fact Sheet: Funding Summary, http://www.fta.dot.gov/documents/
FTA_Funding_Summary_Fact_Sheet.pdf.
Other Programs
A number of other U.S. Department of Transportation (DOT) programs are also included in
surface transportation authorization acts. These include highway safety, motor carrier safety,
transportation research, and some elements of rail transportation. These programs’ reauthorization
issues are discussed later in this report.
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MAP-21’s Legacy
MAP-21 made major structural changes in the structure and management of the highway and
public transportation programs. Limited experience makes the effects of these changes difficult to
judge. Among the open questions are the following:
• Has program elimination and consolidation under MAP-21 met its intended goals
of increasing the focus and efficiency of federal spending on the nation’s roads,
bridges, and public transportation systems?
• Have the MAP-21 changes meant to accelerate the process of project delivery
decreased the time it takes to develop and complete highway and public
transportation capital projects?
• Has the emphasis in MAP-21 on the use of performance measures at the national,
state, and metropolitan levels made a difference in project selection, construction,
and maintenance?
• Has the absence of earmarks in MAP-21 had the intended effect of improving
state and local governments’ abilities to set priorities for use of federal
transportation funds?
Highway Issues in Reauthorization
Highway Conditions
The most recent DOT report on the condition of the National Highway System, based on 2010
data, found that the average quality of pavement had improved since 2000. Further, DOT found
that annual spending by all levels of government in 2010 was between $14 billion and $35 billion
more than would be need to be spent annually between 2010 and 2030 to maintain highway
conditions and performance.10 This represents a significant change from DOT’s finding in its
previous report on highway conditions, published in 2012, that annual spending by all levels of
government was $10 billion less than needed to maintain highway condition and performance.
DOT now estimates that implementing all highway investments justified by cost/benefit analysis
over a 20-year period would require total local, state, and federal spending of $24 billion to $46
billion above the 2010 level. By comparison, its 2012 report estimated that it would cost an
additional $79 billion annually to implement all projects justified by cost/benefit analysis. Some
of the change is attributable to the $11.9 billion of capital highway spending in 2010 from the
American Recovery and Reinvestment Act (ARRA: P.L. 111-5), passed in 2009. Including the
ARRA funds, total highway capital spending in 2010 was $100.2 billion. The projections also are
lower in part because of an 18% drop in highway construction prices from 2008 to 2010.11
10 A range is calculated based on differing estimates of vehicle miles of traveled (VMT), average annual growth of
1.36% for the lower estimate and 1.85% for the higher estimate.
11 Federal Highway Administration and Federal Transit Administration, 2013 Status of the Nation’s Highways, Bridges,
and Transit: Conditions and Performance, 2014, p. ES-1, http://www.fhwa.dot.gov/policy/2013cpr/pdfs/es.pdf. See
also 2010 Status of the Nation’s Highways, Bridges, and Transit: Conditions & Performance,
(continued...)
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Highway Bridge Improvement
Although the number of deficient bridges has been gradually declining since the first federal
bridge program was established in 1970, as of 2013 there were still 64,000 structurally deficient
bridges in the United States. MAP-21 eliminated the free-standing Highway Bridge Program,
which distributed federal money specifically for bridge improvements. Instead, states may now
use funds received under the National Highway Performance Program and the Surface
Transportation Program for bridges, and each state may decide how much of its funding to devote
to bridges rather than roadways. MAP-21 (§1111) also required FHWA to develop a system to
classify bridges according to “serviceability, safety, and essentiality for public use.” States are to
use the system to assign each bridge a risk-based priority for “systematic preventative
maintenance, replacement or rehabilitation.” However, MAP-21 made no connection between the
rating system and eligibility for funding, so states may or may not use the classification criteria to
set spending priorities. For more on bridges, see CRS Report R43103, Highway Bridge
Conditions: Issues for Congress, by Robert S. Kirk and William J. Mallett, and CRS video
WVB00009, “Are America’s Bridges Falling Down?,” by Robert S. Kirk and Marc Levinson.
Tolling Issues
Tolling of non-Interstate federal-aid highways has been allowed since 1992. MAP-21 provided
for a modest broadening of tolling of currently toll-free Interstate Highways. Totally new
Interstate routes or extensions of existing routes may be built as toll roads. Toll lanes may be
added to an existing Interstate route as long as the number of “free” lanes is maintained.
One issue in reauthorization is whether states should be allowed to convert non-tolled segments
of the existing Interstate system to toll facilities. This could provide an additional source of
revenue for highway construction, but it would impose additional costs on drivers who already
paid for the construction of these highways through motor fuels taxes. The federal government
has no authority to regulate toll rates, but this could become an issue if tolling is significantly
expanded or if the tolling of interstate travelers more than local users becomes commonplace. For
more information, see CRS Report R43575, Tolling U.S. Highways, by Robert S. Kirk.
Donor Status
When motor fuels taxes were the source of nearly all federal spending on highways, some states’
highway users paid more in taxes to the HTF’s highway account than those states received in
federal highway assistance. Members of Congress from these “donor states” often objected to the
allocation of funds. The large transfers of Treasury general fund monies to the HTF since FY2008
have meant that since then all states have been “donee states,” receiving more from the HTF than
their motorists contribute. If Congress acts to tie the HTF more closely to highway use, by
eliminating general fund transfers, raising motor fuel tax rates, or imposing new use-based
highway charges (such as a charge based on vehicle miles traveled), some states will again
become donor states and the donor-donee issue could reemerge.
(...continued)
http://www.fhwa.dot.gov/policy/2010cpr/.
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The Federal-State Partnership Issues
Maintenance of Effort
Since the recession that began in 2007, many states have faced constrained revenues. This put
pressure on their legislatures to reduce spending, including spending on surface transportation.
This raises the question of whether increased federal spending on highways and public
transportation in a new surface transportation act would lead some states and local governments
to cut back on their own spending.
There is some evidence that substitution of federal spending for state and local spending has
occurred in the past. A 2003 report by the General Accounting Office (now the Government
Accountability Office, GAO) found that after Congress increased federal spending on roads for
FY1999 to FY2001, some states scaled back their own highway spending.12 More recent data
from the Bureau of Economic Analysis show that the quantity of state and local investment in
transportation has declined approximately 11% since 2004,13 indicating that some states and local
governments are cutting back on their own spending on highway and transit projects. Federal
expenditures were growing at or above the rate of inflation during much of this period.
FHWA Oversight
In 2012, GAO raised concerns about the close relationships between FHWA’s district offices,
which are mainly located in state capitals, and state departments of transportation. While GAO
found that FHWA benefited from using recognized partnership practices to advance the federal
highway program, it also found cases in which the district offices were lax in oversight and
reluctant to take corrective action to bring states into compliance with federal requirements.14
MAP-21 reduced the oversight role of FHWA by allowing states to assume responsibility for
large Interstate Highway construction and reconstruction projects unless FHWA determines that a
project poses unusual risks. This is part of an effort to focus FHWA oversight on areas of higher
risk and opportunity. The implementation of these changes and the effectiveness of FHWA
oversight under the new system could be of interest to Congress.
Emergency Relief Program
The Emergency Relief program provides federal assistance to state DOTs for emergency repairs
and restoration of federal-aid highway facilities following a natural disaster or catastrophic
failure. Congress has long authorized $100 million per year to be spent from the HTF for
emergency relief, but has frequently appropriated additional funds following major disasters. The
question of whether to increase the annual authorization with the goal of limiting future special
appropriations is likely to emerge during the reauthorization debate.
12 U.S. General Accounting Office, Trends in Federal and State Capital Investment in Highways, GAO-03-744R, June
18, 2003, pp. 4-7, 17, 40-43, http://www.gao.gov/assets/100/91955.pdf. This was a change from the longer-term pattern
of 1981-2001, during which increases in state funding on roads outpaced federal increases.
13 Bureau of Economic Analysis, National Income and Product Accounts, Tables 3.15.3 and 3.15.6,
http://www.bea.gov/national/index.htm. Calculated for the years 2004 through 2013.
14 Government Accountability Office, Highway Infrastructure: Federal-State Partnership Produces Benefits and Poses
Oversight Risks, GAO-12-474, April 2012, pp. 1-49, http://www.gao.gov/products/GAO-12-474.
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States seeking Emergency Relief funds now must consider resilience to climate change in
designing and constructing highway and bridge repairs. Resilience is broadly defined as “the
capability to anticipate, prepare for, respond to and recover from significant multi-hazard threats
with minimum damage to social well-being, the economy and the environment.” Using risk-based
analyses, this approach is designed to reduce the potential for future losses. However, this policy
change could encourage some states to try to use Emergency Relief funding not just to rebuild
damaged facilities, but to make improvements that might otherwise have been made with federal
formula funds. The same issue has emerged with respect to the Public Transportation Emergency
Relief Program created in MAP-21. For more details, see CRS Report R43384, Emergency
Relief for Disaster Damaged Roads and Transit Systems: In Brief, by Robert S. Kirk.
Public Transportation Issues
Program Funding
As with the HTF highway account, the revenue flowing into the mass transit account is not
enough to support the current level of expenditures. This has led to a debate about the federal role
in public transportation, and specifically whether a greater share of government spending on
public transportation should be borne at the state and local levels.
Public transit ridership has been growing in recent years, rising from 9.6 billion trips in 2002 to
10.6 billion trips in 2012. A number of infrastructure needs assessments have estimated a
substantial gap between current levels of public transportation capital spending and the amount
required to prevent an overall deterioration in the condition of public transportation assets and
ultimately operational performance.15 Although such assessments do not necessarily assume
greater federal spending will close the gap, they are sometimes used to support that option.16
The most recent DOT report on the condition of highways and transit systems, based on 2010
data, estimated that local, state, and federal spending on transit systems would need to rise $2
billion annually (in 2010 dollars) to achieve a state of good repair. To expand as well as achieve a
state of good repair, spending would need to be between $5.5 billion and $8 billion higher,
depending on the future rate of growth in transit ridership. DOT estimated that $16.5 billion was
spent on public transportation infrastructure in 2010, including $14.2 billion of regular federal,
state, and local funds and $2.4 billion from ARRA.17 Its estimates thus imply annual spending
needs in the range of $22 billion to $24.5 billion to maintain transit systems in a state of good
repair and provide for expansion as passenger loads increase.
Taking into consideration the backlog of repairs and investment for increased capacity, improved
safety, and protection from extreme weather, the American Public Transportation Association
(APTA) proposes average annual spending from all sourcing over the FY2015-FY2020 period of
15 See, for example, National Surface Transportation Policy and Revenue Study Commission, Transportation for
Tomorrow, Washington, DC, 2007, http://transportationfortomorrow.com/final_report/index.htm.
16 See, for example, American Public Transportation Association, APTA Recommendations on Federal Public
Transportation Authorizing Law, Washington, DC, December 2013, http://www.apta.com/gap/legissues/authorization/
Documents/APTA%20Authorizing%20Law%20Recommendations_FINAL_adopted%206Dec2013.pdf.
17 2013 Status of the Nation’s Highways, Bridges, and Transit: Conditions and Performance, p. ES-1.
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$41 billion, unadjusted for inflation. APTA also proposes federal spending average about $17
billion per year over this period, based on its calculation of the federal share since 2000.18 This is
far above authorized spending in FY2014 of $10.7 billion.
Mass Transit Account of the Highway Trust Fund
Linked to the issue of the size of the federal public transportation program is the status of the
mass transit account of the highway trust fund. Traditionally, about 80% of the funding for the
federal public transportation program has come from the mass transit account and about 20%
from the general fund. Outlays from the mass transit account have outpaced tax receipts and
interest credited to the fund over the past few years, an imbalance CBO projects will continue in
the future under current law.19 Three times, Congress has chosen to transfer general fund monies
into the mass transit account to maintain the balance above a minimum prudent level. In FY2010
$4.8 billion was transferred, and twice in FY2014 money was transferred, both $2.0 billion the
first time and $2.0 billion the second time.
According to CBO, outlays from the mass transit account were about $8 billion in FY2014 and
are projected to grow to over $9 billion in FY2018. The revenue from the fuels tax for the mass
transit account, on the other hand, is about $5 billion a year, an amount that is not expected to
change very much at the current tax rate. Revenue from the fuels tax and funds flexed from the
highway account—highway program monies states are allowed by law to shift to public
transportation uses—together amount to about $6 billion per year in total receipts, excluding
transfers from the general fund.
Based on these estimates of receipts and outlays, the balance in the mass transit account will
approach zero near the end of FY2015. Any balance below $1 billion would create cash flow
problems in the account and may require some kind of administrative action before the end of the
fiscal year, such as slowing payments to local transit agencies, or legislative action, such as a
general fund transfer. Because of the imbalance between receipts and outlays, a more sustainable
solution would have to involve a cut in program spending, an increase in revenues paid in to the
account, a combination of the two, or a commitment to ongoing general fund transfers. For more
detail, see CRS Report R42966, Public Transportation Program and Funding Issues, by William
J. Mallett.
New Starts Program
New Starts, which supports construction of public transportation systems, is the only major
highway or public transportation program not funded through the HTF. A common criticism of
the New Starts program is the length of time required to develop and deliver projects, a criticism
that several changes in MAP-21 sought to address. An issue in reauthorization, therefore, will
likely be whether the changes in MAP-21 do actually speed the project process, and what other
effects this may have had on projects. Information, if it exists at all, is likely to be anecdotal given
the relatively short period since enactment of MAP-21.
18 American Public Transportation Association, December 2013, p. 28.
19 Congressional Budget Office, Projections of Highway Trust Fund Accounts Under CBO’s August 2014 Baseline.
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In addition, MAP-21 changed the types of projects funded. New Starts previously funded only
projects to build new systems and extend existing systems. MAP-21 added eligibility for “core
capacity projects,” investments in existing fixed-guideway systems that increase the capacity of a
corridor by at least 10%. FTA reserved $120 million in FY2014 for core capacity projects and
proposed to reserve another $275 million in FY2015. Core capacity projects are likely to be very
large and expensive projects in major urban areas. The first such project proposed for New Starts
funding is the Chicago Transit Authority’s (CTA) Red and Purple Line modernization project.
The estimated cost of the project is $4.7 billion, of which CTA expects to seek $1.5 billion from
the core capacity program. Although it is too soon to tell, streetcar and bus rapid transit projects
may also become more prominent because of changes in project evaluation criteria under MAP-
21. The net result may be to reduce federal funding available for traditional light rail, commuter
rail, and heavy rail projects, particularly those in smaller urban areas. For more from CRS, see
CRS Report R42921, Public Transportation New Starts Program: Background, by William J.
Mallett.
Bus and Bus Facilities Program
There is concern, particularly among bus-only transit agencies in small urbanized and rural areas,
that the Bus and Bus Facilities Program does not provide sufficient help for bus acquisition and
bus-related investment needs, such as construction of bus garages. Two changes made in MAP-21
contribute to the concern. First, funding directed specifically to buses was reduced by more than
half, from $984 million in FY2012 to $421 million in FY2013 and $428 million in FY2014,
although funding for other programs, which can be used for bus investment, was increased.
Second, prior to MAP-21, the Bus and Bus Facilities Program was a heavily earmarked
discretionary program that provided substantial sums of money to transit agencies at irregular
intervals for large capital expenses. MAP-21 directs smaller amounts to be distributed by formula
annually. For small urban and rural areas these annual allocations may be too small to provide the
resources necessary for substantial bus investments. To deal with these issues, the American
Public Transportation Association has suggested “the restoration of funding to the bus and bus
facilities program and the return of a transparent and efficient discretionary element of the
program.”20
Financing Issues in Surface Transportation
The lack of growth in highway trust fund revenue has stimulated interest in other means of
financing surface transportation infrastructure. The federal government supports infrastructure
financing by providing a tax exclusion for owners of municipal bonds, or “munis,” issued by state
and local governments. Additionally, the federal government supports project finance through
loan programs, such as the Transportation Infrastructure Finance and Innovation Act (TIFIA)
program, which can help leverage private investment via public-private partnerships (P3s), and
through federally authorized state infrastructure banks (SIBs). For more information, see CRS
Report R43308, Infrastructure Banks and Debt Finance to Support Surface Transportation
Investment, by William J. Mallett and Steven Maguire.
20 American Public Transportation Association, December 2013, p. 12.
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There are many legislative options that Congress might consider in modifying the federal role in
surface transportation financing. Among those that might be considered in the reauthorization of
MAP-21 include the following:
• Changes to the TIFIA program, including its level of funding, which was $1
billion in FY2014. This level of funding was continued on a pro-rated basis for 8
months in extension legislation. Demand for credit assistance from TIFIA has
been very strong.
• Creation of a national infrastructure bank, a federal agency with financing and
project expertise that would provide low-cost, long-term loans on flexible terms.
An infrastructure bank might have more independence than TIFIA, which is
controlled by the U.S. Department of Transportation, and as a separate
organization might be able to build a more specialized staff. Most infrastructure
bank proposals provide authority to finance other types of infrastructure systems
as well as transportation.
• Enhancement of state infrastructure banks, which already exist in many states.
One of the biggest hurdles for state infrastructure banks has been capitalization;
thus there have been proposals for dedicated federal funding. Reauthorization
might also extend the authority to use federal highway, transit, and rail funds to
capitalize state infrastructure banks, authority that MAP-21 failed to provide.21
• Greater federal encouragement of public-private partnerships (P3s), including
creation of a federal office that could provide technical advice and consulting
services and help develop the P3 market. For more on P3s, see CRS Report
R43410, Highway and Public Transportation Infrastructure Provision Using
Public-Private Partnerships (P3s), by William J. Mallett.
• Creation of a new type of tax credit bond, such as the American Fast Forward
(AFF) Bonds proposed in the Obama Administration’s FY2015 budget. The AFF
Bond would be similar to the now expired Build America Bonds (BABs), but
would offer a 28% direct payment to issuers, significantly less than the 35%
offered by BABs.
• Raising the volume cap on tax-exempt, qualified private activity bonds (PABs)
for qualified highway or surface freight transfer facilities. Under current law, the
use of PABs for transportation projects is limited to $15 billion for the life of the
program. The $15 billion is allocated to specific projects by the Secretary of
Transportation based on applications from project sponsors. With several projects
in the pipeline, the cap may be reached by the end of calendar year 2015.22 The
inability to issue PABs may affect the creation of transportation infrastructure
public-private partnerships. The Obama Administration has proposed increasing
the PAB limit to $19 billion.
21 H.R. 3872/S. 1553 have proposed extending this authority.
22 Public Works Financing, “A Second Warning on PABs Shortage,” December 2013, p. 1; Public Works Financing,
“TIFIA is a Ravenous Beast,” March 2014, p.1.
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Intercity Passenger Rail Transportation
Historically, intercity passenger rail transportation programs have been dealt with largely outside
of surface transportation authorization legislation. The authorization of Amtrak, a passenger
railroad company created and owned by the federal government, expired at the end of FY2013,
which creates an opportunity to include its authorization in the next surface transportation
reauthorization legislation. The attraction of this idea to supporters of rail is the related possibility
of providing funding from the highway trust fund for rail programs. Their argument reflects that
made by highway and transit supporters: that the predictable funding stream provided by
multiyear authorizations from the HTF would enable more efficient planning and project delivery,
compared to the year-to-year uncertainty of discretionary funding.
Opponents of funding Amtrak through the HTF typically argue for limiting trust fund spending to
highways whose users fund it through their motor fuels taxes. The fact that large amounts of
Treasury general fund revenues have been transferred to the HTF in recent years weakens the link
between motor fuel tax payments and spending from the trust fund. Nonetheless, given that the
funds now flowing into the HTF are inadequate to support the current highway and transit
programs, it may not be realistic to expect the HTF to support intercity passenger rail as well
without additional sources of revenue.
Federal spending for intercity passenger rail transportation expanded greatly with the Passenger
Rail Investment and Improvement Act of 2008 (P.L. 110-432), which authorized increased
funding for Amtrak and for states wishing to develop intercity passenger rail service. In 2009,
ARRA provided $8 billion for grants to states to develop intercity passenger rail service, and
another $2.5 billion for this purpose was included in the FY2010 DOT appropriations act. Since
FY2010, however, Congress has provided no additional funding for intercity passenger rail
development and rescinded $400 million of the previously authorized funds. Since FY2010,
virtually the only passenger rail funding Congress has provided has been grants to Amtrak.
In a sign of its intention to keep intercity passenger rail authorization separate from highway and
transit reauthorization, the House, Transportation and Infrastructure Committee reported an
Amtrak reauthorization bill (H.R. 5449) in September 2014. The bill would authorize funding for
Amtrak through FY2018 at levels similar to its current funding, would authorize $300 million
annually for grants to states to support passenger rail improvements, and would encourage
improvements to the Northeast Corridor, the most heavily used passenger rail route in the nation.
For more details, see CRS Report R42889, Issues in the Reauthorization of Amtrak, by David
Randall Peterman and John Frittelli, and CRS Report R42584, The Development of High Speed
Rail in the United States: Issues and Recent Events, coordinated by David Randall Peterman.
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Freight Issues
Truck Size and Weight
No major changes to current truck size and weight provisions were included in MAP-21, but a
new study and inventory of current state laws was required.23 The DOT study, expected to be
issued by the November 2014 deadline set by Congress, is to evaluate the costs and benefits of
several heavier or larger truck configurations. Among these are increasing the weight limit on
five-axle trucks (commonly known as “18-wheelers”) from 80,000 to 88,000 lbs., adding a sixth
axle and increasing allowable weight to 91,000 or 97,000 lbs., and increasing the maximum
length of double 28-foot trailers (“pup” trailers) to 33 feet.24 Large trucking firms generally
support either weight or size increases (depending on the type of freight they carry). Smaller
trucking firms, which generally have less financial means to reconfigure their equipment, have
generally opposed larger trucks, as have railroads and highway safety groups. The safety
implications of truck size and weight are discussed further in the “Motor Carrier Safety Issues”
section of this report.
Identifying Highway Segments Critical to Freight Movement
MAP-21 enacted planning provisions to assist states in identifying infrastructure components
most critical to freight transport. This includes designation of a “primary freight network” (PFN)
consisting of 27,000 centerline miles of existing roadways, based primarily on freight volume.
States can designate “critical rural freight corridors” based on the density of truck traffic if they
connect the PFN or Interstate system with sufficiently busy freight terminals. There is no specific
federal funding associated with these designations.
FWHA has released a draft version of its proposed PFN.25 It found that, based on volume criteria,
the primary freight network may more appropriately consist of 41,000 centerline miles, more than
Congress directed, and should encompass critical urban freight corridors in addition to rural
highways. FHWA has pointed out that designation of particular highways based on freight volume
does not allow for inclusion of nearby parallel highways or routes that, if included, could better
encompass the busiest origin and destination pairs.26 For more, see CRS Report R42764, Federal
Freight Policy: In Brief, by John Frittelli.
Transportation Impacts of Domestic Energy Production
The rapid increase of U.S. oil and natural gas production due to new drilling techniques (namely
horizontal drilling and hydraulic fracturing) has raised safety concerns about roads near the
23 Federal truck weight limits apply only to Interstate Highways. Federal truck size regulations apply to the “National
Network,” a system of approximately 209,000 miles, which includes the Interstate Highway system plus principal
arterial highways designated by the states and incorporated in federal regulations (23 C.F.R. §658).
24 For further information on the study, see http://ops.fhwa.dot.gov/freight/sw/map21tswstudy/index.htm.
25 For the draft PFN and public comments filed, see http://www.regulations.gov, docket no. FHWA-2013-0050.
26 Presentation of FHWA on Draft PFN, Talking Freight Seminar, November 20, 2013; http://www.fhwa.dot.gov/
planning/freight_planning/talking_freight/index.cfm#archives.
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drilling sites and about oil tanker cars in trains travelling through populated areas. A Pipelines and
Hazardous Materials Safety Administration (PHMSA) grant program for training local responders
was included in MAP-21.27 In reauthorizing this grant program, Congress may review PHMSA’s
progress in addressing the DOT Inspector General’s criticisms of how PHMSA was administering
the program. Congress may also revisit the hazardous materials transportation requirements and
rural road safety programs in MAP-21.28
Also in Title III of MAP-21, Congress authorized PHMSA to conduct pilot projects on paperless
hazmat information sharing among transportation carriers and first responders.29 Particularly
when trains are carrying a variety of different products, it is important to first responders that they
have an accurate list of which cars contain what commodities (the train “consist”). Often the
sequencing of cars changes en route, so the train consist prepared at the start of the trip may no
longer be accurate at the time of an accident. Congress requested that PHMSA issue a report on
the pilot program by July 2014 with a recommendation as to whether paperless hazmat
information systems should become a requirement.
A natural gas or oil drilling site may require 1,500 or more truck trips per well to supply drilling
materials and remove wastewater.30 In the Bakken region of North Dakota, there are currently
about 10,000 wells; over the next 30 years, 40,000 to 70,000 additional wells are projected.31
Trucks servicing well sites are relatively heavy and many require overweight or oversize vehicle
permits. Roads used to access the sites typically were not built for heavy truck traffic, raising
concerns about road damage and increases in traffic deaths. However, state and local
governments may be reluctant to invest in permanent road improvements because individual well
sites may be productive for less than five years. In MAP-21, Congress identified and defined
“high risk rural roads” as eligible for funding under the Highway Safety Improvement Program,
and FHWA mandates that states spend specified amounts on these roads if their fatality rates
increase.32 The condition of roads in oil drilling areas and the extent to which drilling companies
contribute to the costs of maintaining the roads they utilize may emerge as issues in
reauthorization.33
The safety of trains carrying crude oil and ethanol from production areas to refineries has
emerged as a major concern in the wake of numerous accidents in the United States and Canada.
U.S. and Canadian regulators have implemented various changes in railroad operations, and have
paid particular attention to the ability of railroad tank cars to withstand derailments and other
27 http://www.phmsa.dot.gov/hazmat/grants.
28 DOT IG, PHMSA’s Inadequate Management and Oversight of Hazardous Materials Emergency Preparedness
Grants Limited The Program’s Effectiveness, report no. AV-2012-040, January 12, 2012.
29 P.L. 112-141, §33005.
30 For oil wells, this number of truck trips does not include trips for hauling crude oil from the drill site.
31 Denver Tolliver, Upper Great Plains Transportation Institute, “Transportation Systems for Oil and Gas Development:
Case Study of the Bakken Shale,” presentation to the 93rd Annual Meeting of the Transportation Research Board,
January 2014. For the experience of well sites in Texas and Pennsylvania, see FHWA, Talking Freight Seminar, “The
Transportation Needs and Impacts of Fracking-Based Energy Extraction,” September 18, 2013;
http://www.fhwa.dot.gov/planning/freight_planning/talking_freight/september_2013/index.cfm.
32 23 C.F.R. §924.
33 The Transportation Research Board recently surveyed state DOTs to synthesize issues and practices associated with
the impact of energy development on roads and bridges. See http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?
ProjectID=3587.
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accidents, but there have been calls for additional legislation.34 Separately, some railroads have
indicated they will be unable to install a congressionally mandated safety system, positive train
control, by the December 31, 2015, deadline.35 In the past, Congress has generally addressed rail
safety in separate legislation, but provisions on these issues could be incorporated into surface
transportation reauthorization.
The availability of natural gas from domestic sources has increased interest in liquefied natural
gas (LNG) as fuel for trucks and locomotives. While LNG is widely used for fleets of trucks that
return daily to the same depot, its use in long-haul trucks is a new development. In MAP-21,
Congress amended the Congestion Management and Air Quality (CMAQ) program to allow
funds to be used to construct natural gas fueling stations for trucks. Increased use of LPG as fuel
may create new training needs for local responders to truck or rail accidents.
Highway Safety
Highway safety in the United States has improved in recent years, but it is not clear how much of
the decline in fatalities is due to highway safety efforts as opposed to reductions in the amount of
driving or to improvements in vehicle safety technologies.
Measures to improve the safety of roadways are funded primarily through the FHWA Highway
Safety Improvement Program. Measures related to vehicles and to driver behavior are handled by
the National Highway Traffic Safety Administration (NHTSA) and, in the case of commercial
vehicles and drivers, the Federal Motor Carrier Safety Administration (FMCSA). Both NHTSA
and FMCSA conduct research and make grants to states to promote safety. For more on highway
and motor carrier safety programs, see CRS Report R43026, Federal Traffic Safety Programs:
In Brief, by David Randall Peterman.
Driver behavior is the primary factor in the vast majority of fatal crashes. The driver behaviors
which are most significantly related to traffic fatalities are driving while impaired, speeding, not
wearing a seat belt, driver distraction, and in the case of motorcyclists, not wearing a helmet.
Driver behavior is a state matter, not under federal control. Consequently, when Congress wishes
to change driver behavior, it typically does so by providing grants to states.
In MAP-21, Congress renewed several existing state grant programs and created new grant
programs dealing with distracted driving and graduated driver licensing for teens. Congress also
consolidated the application process for the various safety grants and prohibited the use of federal
highway safety funds to purchase, operate, or maintain automated speed or red light enforcement
cameras.
Motor Carrier Safety Issues
MAP-21 included provisions requiring commercial drivers to use electronic data logs to record
hours of service, establishing minimum entry-level training standards, and establishing a national
34 CRS Report R43390, U.S. Rail Transportation of Crude Oil: Background and Issues for Congress, by John Frittelli
et al.
35 CRS Report R42637, Positive Train Control (PTC): Overview and Policy Issues, by John Frittelli.
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clearinghouse for drug and alcohol test results. It also imposed new safety requirements for
motorcoaches. Due to the number of new initiatives and the requirements of the federal rule-
making process, many of these initiatives have not yet been implemented.
One issue likely to arise in reauthorization concerns FMCSA’s new Compliance, Safety,
Accountability (CSA) program, which uses violation data from audits and roadside inspections to
focus compliance reviews on operators who appear to pose greater safety risks. CSA is intended
to be more effective than random audits in identifying potential safety problems, but there have
been industry complaints about this new approach. In February 2014, GAO issued a report with
recommendations for improving the system.36
In 2005, Congress limited the ability of FMCSA and state officials to pull motorcoaches off the
road for safety inspections. En-route inspections are now allowed to be performed only at
locations where there are facilities for passengers, such as rest stops, except in an emergency.
Safety officials, citing several motorcoach crashes due to defective brakes, would like to expand
roadside inspections, but the motorcoach industry supports the current restriction, noting that
stopping a bus at the side of a road can create a safety risk and disrupt schedules.
Recall Policy Issues
Interest in revising federal motor vehicle safety regulation has increased in light of a surge in
vehicle recalls in 2014 and congressional hearings about General Motors’s recall of more than 25
million vehicles, many for ignition switch problems that led to fatalities. Legislation has been
introduced to change the way in which recalls are conducted, expand public access to NHTSA
motor vehicle databases and defective vehicle inspections, and increase fines if automakers were
found to be hiding defects. Other legislation would ensure that rental and used cars subject to a
recall would be repaired before they were rented, leased or sold. There is also interest in raising
civil and criminal penalties for violations of federal safety regulations, and possibly transferring
authority to seek such legal penalties from the Department of Justice to NHTSA.
Environmental Issues
Streamlining Environmental Reviews
FHWA and FTA are prohibited from approving a project for funding until the project sponsor
demonstrates that the proposed project will comply with all applicable federal, tribal, and state
requirements. To the extent possible, compliance with applicable environmental requirements
must be identified and documented during the environmental review stage of project
development.
Broadly, environmental review involves two separate, but related processes—identifying and
evaluating the environmental impacts of a project, as required under the National Environmental
Policy Act (NEPA, 42 U.S.C. §4321 et seq.), and identifying and demonstrating compliance with
36 GAO, Federal Motor Carrier Safety: Modifying the Compliance, Safety, Accountability Program Would Improve the
Ability to Identify High Risk Carriers, GAO-14-114, February 2014.
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any additional state, tribal, or federal environmental requirements applicable to that project. For
more detail, see CRS Report R42479, The Role of the Environmental Review Process in
Federally Funded Highway Projects: Background and Issues for Congress, by Linda Luther.
Previous legislative efforts to streamline project delivery have focused almost entirely on
activities related to the environmental review process, particularly requirements necessary to
demonstrate compliance with NEPA. Changes to procedures necessary to document compliance
with NEPA were included in MAP-21. DOT has just begun to implement those directives37 and
their effectiveness in expediting project delivery is therefore unclear.
The CMAQ Program
The Congestion Mitigation and Air Quality Improvement (CMAQ) program was created to fund
projects that help states meet certain air quality standards established under the Clean Air Act.38
Program funds taken from the HTF are apportioned to a state based on its population and
pollution reduction needs. In MAP-21, Congress authorized $2.2 billion in FY2013 and $2.23
billion in FY2014 to be apportioned to the program. Program requirements also specify the types
of projects eligible to receive CMAQ funds. Generally, program funds may be used for projects
likely to achieve air quality standards by reducing certain vehicle emissions.39 Congress has
explicitly authorized certain projects to receive CMAQ funds, such as
• traffic monitoring facilities and idle reduction projects, including advanced truck
stop electrification systems;
• alternative fuel projects, such as vehicle refueling infrastructure that would
support the development, production, and use of emerging technologies to reduce
emissions of air pollutants;
• the purchase of diesel retrofits for motor vehicles or non-road engines; and
• bicycle infrastructure and pedestrian walkways that are not exclusively
recreational.40
FHWA, in July 2014, released revised interim guidance on its CMAQ program implementation to
reflect changes to the program required in MAP-21.41
37 The status of DOT implementation of the various NEPA-related requirements is available on the agency’s MAP-21
website, http://www.fhwa.dot.gov/map21/crossref.cfm; also see FHWA’s Report to Congress, “MAP-21 Accelerated
Decisionmaking, Expedient Decisions and Reviews, October 1 – December 14, 2012,” March 13, 2013,
http://www.fhwa.dot.gov/map21/reports/sec1306report.cfm.
38 Program requirements are codified at 23 U.S.C. §149. Information on various requirements related to Clean Air Act
compliance, including information about the CMAQ program, is provided by FHWA’s Office of Planning,
Environment, and Realty on its “Air Quality” web page at http://www.fhwa.dot.gov/environment/air_quality/.
39 See criteria codified at 23 U.S.C. §149(b).
40 See 23 U.S.C. §§149(b)(4)-(5) and (7)-(8) and §217(a) and (i).
41 See FHWA’s CMAQ “Policy and Guidance” web page at http://www.fhwa.dot.gov/environment/air_quality/cmaq/
policy_and_guidance/.
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Research and Technology
Advanced technology vehicles are supported through federal research and development
programs, including NHTSA’s work on vehicle-to-vehicle (V to V) communication and
automated safety features such as assisted braking, lane departure warnings, and adaptive cruise
control. Such changes should shift the emphasis of vehicle design from protecting occupants in
the event of a crash to avoiding crashes altogether. It has been estimated that vehicle-to-vehicle
communications could prevent up to 80% of accidents that do not involve drunken drivers or
mechanical failure.42 The technology also has the potential to smooth traffic flow and reduce
congestion. DOT is participating with the motor vehicle industry on research into connected
vehicles (vehicles that are able to communicate with each other at short distances, alerting drivers
to the possibility of a crash), while the industry is also pursuing research into crash-avoidance
technologies such as in-car sensors that would not require V to V communication. NHTSA is
considering whether some of these technologies should be required on all future vehicles.
Current law includes incentives to promote the use of alternative fuel and advanced technology
vehicles, some of which pose issues for the highway trust fund. For example, car buyers can take
a federal income tax credit of up to $7,500 for purchase of plug-in electric drive vehicles. In
2013, over 96,000 plug-in electric vehicles were sold in the United States, up from about 10,000
in 2011.43 Plug-in electric vehicles do not use gasoline and do not contribute to the highway trust
fund even though they use the same roads as conventional vehicles.
Previous law included tax credits (now expired) for retail stations to install refueling
infrastructure for alternative fuels. As part of the surface transportation reauthorization debate,
there may be interest in providing incentives for tax-exempt entities (such as transit agencies) to
install additional refueling infrastructure, especially if those stations are accessible to the public.
The effectiveness of FTA programs that support transit agencies’ purchases of alternative fuel and
advanced technology buses, including buses with advanced diesel engines, may also be debated.
Author Contact Information
Robert S. Kirk
John Frittelli
Specialist in Transportation Policy
Specialist in Transportation Policy
rkirk@crs.loc.gov, 7-7769
jfrittelli@crs.loc.gov, 7-7033
William J. Mallett
Bill Canis
Specialist in Transportation Policy
Specialist in Industrial Organization and Business
wmallett@crs.loc.gov, 7-2216
bcanis@crs.loc.gov, 7-1568
David Randall Peterman
Linda Luther
Analyst in Transportation Policy
Analyst in Environmental Policy
dpeterman@crs.loc.gov, 7-3267
lluther@crs.loc.gov, 7-6852
42 Joan Lowy, “Car-to-Car Talk offers Warning on Collisions,” Associated Press, February 4, 2014.
43 Electric Drive Transportation Association, “Electric Drive Sales Dashboard,” http://electricdrive.org/index.php?ht=d/
sp/i/20952/pid/20952. In 2013, 15.5 million vehicles were sold domestically; in 2011, 12.7 million were sold.
Congressional Research Service
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