Federal Highway Programs: In Brief

Federal Highway Programs: In Brief

Federal Highway Programs: In Brief
Updated February 7, 2022
Congressional Research Service
https://crsreports.congress.gov
R47022

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Federal Highway Programs: In Brief

Contents
Introduction ..................................................................................................................................... 1
How Federal Highway Programs Work ........................................................................................... 1
The Highway Trust Fund (HTF)...................................................................................................... 3
Funding Federal Highways.............................................................................................................. 3
Highway Formula Programs............................................................................................................ 4
Core Formula Programs ............................................................................................................ 4
National Highway Performance Program (NHPP; 23 U.S.C. §119; IIJA §11105) ............. 5
Surface Transportation Block Grant Program (STBG; 23 U.S.C §133;
IIJA §11109) .................................................................................................................... 5
Highway Safety Improvement Program (HSIP; 23 U.S.C. §148; IIJA §11111) ................. 6
Railway-Highway Grade Crossing Program (23 U.S.C. 130; IIJA §11108) ....................... 6
Congestion Mitigation and Air Quality Improvement Program (CMAQ;
23 U.S.C. §149; IIJA §11115) .......................................................................................... 6
Metropolitan Planning (MP; 23 U.S.C. §134; IIJA §11201) .............................................. 6
National Highway Freight Program (NHFP; 23 U.S.C. §167; IIJA §11114) ...................... 6
Carbon Reduction Program (CRP; 23 U.S.C. §175; IIJA §11403) ..................................... 6
Promoting Resilient Operations for Transformative, Efficient, and Cost-saving
Transportation (PROTECT; 23 U.S.C. §176; IIJA §11405) ............................................ 6
Transferability Among the Core Programs ......................................................................... 7
Multiyear Appropriation Formula Programs ............................................................................. 7
Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction
Program (Division J, Title VIII)....................................................................................... 7
National Electric Vehicle Formula Program (Division J, Title VIII) .................................. 7
Other Highway Programs ................................................................................................................ 7
Nationally Significant Freight and Highway Projects (NSFHP/INFRA; 23 U.S.C.
§117; IIJA §11110) ........................................................................................................... 7
Emergency Relief Program (ER; 23 U.S.C. §125; IIJA §§11106, 11519) .......................... 8
Territorial and Puerto Rico Highway Program (23 U.S.C. §165; IIJA §11126) ................. 8
Appalachian Development Highway System Program (ADHS; IIJA Division J,
Title VIII) ......................................................................................................................... 8
Construction of Ferry Boats and Ferry Facilities (23 U.S.C. §147; IIJA §11121) .............. 8
Federal Lands and Tribal Transportation Programs (IIJA §§11112-11113) ........................ 8
Transportation Infrastructure Finance and Innovation Act Program (TIFIA;
23 U.S.C. §§601-609; IIJA §§12001-12002) ................................................................... 9
New Competitive Discretionary Grant Programs ..................................................................... 9
Funding Beyond Highway Programs ...................................................................................... 10

Figures
Figure 1. Federal Highway Funding: FY2021-2026 ....................................................................... 4

Tables
Table 1. Core Apportioned Programs (HTF Contract Authority) .................................................... 5

link to page 13 link to page 15
Table 2. Highway Authorizations: IIJA ......................................................................................... 10

Contacts
Author Information ........................................................................................................................ 12

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Introduction
The federal government has provided some form of highway funding to the states for more than
100 years. Three major characteristics of the federal highway program have been constant since
the early 1920s. First, most funds are apportioned to the states by formula, with implementation
left primarily to state departments of transportation (state DOTs).1 Second, the states and
localities are required to provide matching funds, normally including 20% of the cost of non-
Interstate System road projects and 10% for Interstate System projects. Third, generally, federal
money can be spent only on designated federal-aid highways, which make up roughly a quarter of
U.S. public roads, with some bridge and safety improvements being the major exceptions. The
majority of funding comes from the Highway Trust Fund (HTF).
On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act
(IIJA; P.L. 117-58). The IIJA made major changes to federal highway programs. It authorized
$356.5 billion for FY2022-FY2026, providing a major increase in highway spending compared
with the $225.2 billion, unadjusted for inflation, authorized under the previous five-year surface
transportation act, the Fixing America’s Surface Transportation Act of 2015 (FAST Act; P.L. 114-
94). It increased spending from the HTF, but also provided additional funds through multiyear
advance appropriations from the Treasury general fund, in effect making the IIJA both a
reauthorization act and a multiyear appropriations act.
Although the IIJA retained the FAST Act highway programs, it restructured highway programs
generally by creating four additional formula programs and authorizing 18 new discretionary
programs.2 The modified grant structure reflects an increased emphasis on bridge improvement
and climate change mitigation and resilience. The Federal Highway Administration (FHWA) has
issued a policy memorandum expressing its intent to encourage investments in repair or
improvement of existing infrastructure prior to advancing projects that would build new general-
purpose travel lanes.3
How Federal Highway Programs Work
Traditionally, federal support for highways has come through programs administered by FHWA.4
These programs are almost entirely focused on highway construction, and generally do not
support operations (such as state DOT salaries or fuel costs) or routine maintenance (such as
mowing roadway fringes or filling potholes). Each state is required to have a Long-Range
Statewide Transportation Plan, which sets priorities for the state’s use of federal highway funds,
and a Statewide Transportation Improvement Plan (STIP), a four-year program of transportation
projects. State DOTs largely determine which projects are funded, let the contracts, and oversee
project development and construction. More recently, metropolitan planning organizations
(MPOs) have played a growing role in project decisionmaking in urban areas, but most federal
project funding continues to flow through state DOTs. In the cases of federal lands highways and

1 These programs are often referred to as the Core Formula Programs. For a current list see Table 1.
2 This program count does not include sub-programs or programs reliant on FHWA administrative funds.
3 Federal Highway Administration, “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better
America,” December 16, 2021, pp. 1-6, at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/
building_a_better_america-policy_framework.cfm.
4 For purposes of this report, the Federal Highway Program refers broadly to highway programs authorized in IIJA
Division A, Titles I through IV, and the Highway Infrastructure Program language of Division J. It includes programs
traditionally referred to as Federal-Aid Highway programs as well as programs awarding grants to nonstate entities.
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tribal highways, the FHWA’s Federal Lands Highways Division works with the federal land
management agencies and tribal governments, respectively.
Historically, the federal highway program, unlike most other federal programs, has not relied on
appropriated budget authority. Instead, for most of the funding, FHWA exercises contract
authority (see text box below) over monies in the HTF and may obligate funds for eligible
projects prior to an appropriation. Once funds have been obligated, the federal government has a
legal commitment to provide the funds. This approach has sheltered highway construction
projects from annual decisions about appropriations.
Under the IIJA, nine FHWA programs are formula programs funded from the HTF (see Table 1).
Each state’s annual share of total spending for these programs is determined and then divided up
among the programs based on mathematical calculations set forth in the law. Two more new
programs are funded with multiyear appropriations and apportioned to the states based on
formulas unique to those programs. The federal highway programs do not provide money in
advance. Rather, a state DOT or other grantee lets bids, supervises construction, and receives bills
from private contractors for work completed. It then pays those bills according to its own
procedures and submits vouchers for reimbursement to FHWA. FHWA certifies each claim for
payment and notifies the Department of the Treasury, which disburses money electronically, often
on the same day it receives the voucher.5

Highway Program Terminology
A distinctive terminology is used to describe highway program financing:6
Distribution of funds is FHWA notification to the states of the availability of federal funds. Once a distribution is
announced, the funds usually remain available to the states to obligate for four years. The states do not receive
the funds prior to undertaking work.
Apportionment is the distribution of funds among the states as prescribed by a statutory formula.
Allocation is an administrative distribution of funds (often for specific projects) under programs that do not have
statutory distribution formulas.
Reimbursement occurs once a project is approved, the work is started, costs are incurred, and the state or other
grantee submits a voucher to FHWA. The reimbursable structure is designed to curb waste, fraud, and abuse.
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 pay the obligations).
Obligation of contract authority for a project by FHWA legally commits the federal government to reimburse the
state or other grantee for the federal share of a project. With contract authority this can be done prior to an
appropriation.
Limitation on obligations, known as ObLim or Oblimit, is used to control annual FHWA spending in place of an
appropriation. The ObLim sets a limit on the total amount of contract authority that can be obligated in a single
fiscal year. For practical purposes, the ObLim is analogous to an appropriation.

The IIJA greatly expanded the number of discretionary programs that may fund highways. Under
some of these programs, grants are to be awarded by the Secretary of Transportation, not FHWA.7
In many cases, local governments and certain nongovernmental entities are eligible to apply for
discretionary grants. As with formula grants, federal payments to the project sponsor are made on

5 Federal Highway Administration (FHWA), Funding Federal-Aid Highways, FHWA-PL-17-011, January 2017, pp.
37-39, at https://www.fhwa.dot.gov/policy/olsp/fundingfederalaid/FFAH_2017.pdf.
6 Ibid., pp. 1-2, 5-14, 23-29, 31-34. To be highway contract authority, the authorization must refer to Title 23, Chapter
1 of the U.S. Code, and it must be funded out of the HTF.
7 FHWA, Bipartisan Infrastructure Law: Funding, at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/
funding.cfm.
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a reimbursable basis as work is completed. Like the formula programs, the discretionary
programs are to be administered under the highway title of the U.S. Code, Title 23. This also
means that these project grants are subject to Title 23’s planning requirements and that the
projects must be listed in the state’s STIP. Depending on the program, discretionary programs
may be funded with contract authority, supplemental appropriations, or a combination of these
funding sources. The IIJA also authorizes additional general fund money, subject to appropriation.
The Highway Trust Fund (HTF)
The HTF derives revenue from taxes on fuels, heavy truck tires, truck and trailer sales, and a
weight-based heavy-vehicle use tax.8 Approximately 85%-90% of the revenue from these sources
comes from excise taxes on motor fuels, 18.3 cents per gallon on gasoline and 24.3 cents per
gallon on diesel. The HTF consists of two separate accounts—highway and mass transit. The
highway account receives an allocation equivalent to 15.44 cents of the gasoline tax and 21.44
cents of the diesel tax. The mass transit account receives the revenue generated by 2.86 cents of
the gasoline and diesel taxes.9 Because the fuel taxes are set in terms of cents per gallon rather
than as a percentage of the sale price, their revenues do not increase with inflation or fuel price.
The fuel tax rates were last raised in 1993.
Sluggish growth in vehicle travel and improved vehicle efficiency have depressed fuel
consumption and therefore the growth of fuel tax revenue. Since FY2008, the revenues flowing
into the highway account of the HTF have been insufficient to fund the expenditures authorized
by Congress.10 Congress has resolved this discrepancy by transferring money from the general
fund to the HTF. As required under the IIJA, the U.S. Treasury transferred $90 billion from the
general fund to the highway account of the HTF following enactment.
Funding Federal Highways
The average annual authorization of $73.1 billion in combined contract authority, multiyear
supplemental appropriations, and authorizations subject to appropriation in the IIJA compares to
an average annual authorization of $45.3 billion in the FAST Act, or a 61% increase (see Table 2
and Figure 1). However, an average annual $2.9 billion of the IIJA funds are subject to
appropriations that may or may not occur. Subtracting this amount from the total still results in a
56% increase in the average annual spending under the IIJA compared to the FAST Act.
Of the total average annual authorizations under the IIJA, roughly 83% is HTF contract authority;
13% is multiyear supplemental appropriations; and 4% is authorizations subject to appropriations.
Under the FAST Act the average annual authorizations were 99.5% contract authority and 0.5%
authorizations subject to appropriation. Neither law included congressional earmarks.

8 Federal Highway Administration, Highway Statistics, 2020: Federal Highway-User Fees, Table FE-21B, November
2021, at https://www.fhwa.dot.gov/policyinformation/statistics/2020/fe21b.cfm.
9 Non-fuel taxes accrue only to the highway account. A separate 0.1-cents-per-gallon tax on all fuels goes into the
Leaking Underground Storage Tank Trust Fund, administered by the Environmental Protection Agency and the states.
10 The imbalance between revenues and outlays first emerged in FY2002, but the unexpended balances in the HTF
were sufficient to cover the imbalance until FY2008.
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Federal Highway Programs: In Brief

Figure 1. Federal Highway Funding: FY2021-2026

Source: Federal Highway Administration.
Notes: Totals are unadjusted for inflation. Amount subject to appropriation for FY2021 was $210 mil ion, not
visible in the figure.
Highway Formula Programs
Under the IIJA there are nine “core” formula programs, which are funded with contract authority
from the HTF. In addition to the core programs, the IIJA created two new formula programs that
also provide funding to the states but are funded via supplemental appropriations.
Core Formula Programs
Each year, FHWA begins the process of distributing highway formula funds by calculating the
apportionment total for each state. For the amounts available for apportionment in each year
under the IIJA, see the bottom line of Table 1.
The base amount for each state is determined by multiplying the authorized base apportionment
amount for the apportioned programs by the ratio that each state’s FY2021 apportionments bore
to the nationwide total. Next, the initial amounts are adjusted, if necessary, to assure that each
state’s aggregate amount of the base apportionment is not less than 95 cents for every dollar the
state contributed to the highway account of the HTF; at least 2% greater than the apportionment
for FY2021; and at least 1% greater than the apportionment received for the previous fiscal year.
After the state amounts are determined, each state’s amount is divided up among the core
programs according to statute. Table 1 shows the dollar amounts of the programmatic split.11

11 FHWA, “Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law): Funding,” at
https://www.fhwa.dot.gov/bipartisan-infrastructure-law/funding.cfm. The Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (P.L. 116-260), appropriated an additional $10 billion, not included in the
Table 2 total for FY2021, at https://www.fhwa.dot.gov/legsregs/directives/notices/n4510851/.
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Table 1. Core Apportioned Programs (HTF Contract Authority)
(in millions of dollars, IIJA FY2022-FY2026 & FY2021 under the FAST Act as extended)
FY2021
FAST
IIJA
Program
Act
FY2022 FY2023 FY2024 FY2025 FY2026
Total
National Highway Performance
24,239
28,439
29,008
29,588
30,180
30,784
148,000
Program (NHPP)
Surface Transportation Block
12,139
13,835
14,112
14,394
14,682
14,975
72,000
Grant Program (STBG)
Highway Safety Improvement
2,408
2,980
3,044
3,110
3,177
3,246
15,557
Program (HSIP, excluding set-
asides)
Safety-related programs
4
4
4
4
4
4
18
(HSIP set-aside)
Rail-Highway Grade Crossings
245
245
245
245
245
245
1,225
(HSIP set-aside)
National Highway Freight
1,487
1,374
1,401
1,429
1,458
1,487
7,150
Program (NHFP)
Congestion Mitigation & Air
2,494
2,536
2,587
2,639
2,692
2,746
13,200
Quality Improvement Program
(CMAQ)
Metropolitan Transportation
358
438
447
456
465
474
2,280
Planning
Carbon Reduction Program
—
1,234
1,258
12,83
1,309
1,335
6,420
PROTECT Formula Program
—
1,403
1,431
1,459
1,489
1,518
7,300
Total
43,374
52,488
53,538
54,609
55,701
56,815 273,150
Source: FHWA. Totals may not add due to rounding. Totals represent gross authorizations.
National Highway Performance Program (NHPP; 23 U.S.C. §119; IIJA §11105)
NHPP is the largest of the federal-aid highway programs, with annual authorizations averaging
$29.6 billion. The program supports improvement of the condition and performance of the
National Highway System, which includes Interstate System highways and bridges as well as
virtually all other major highways. NHPP funds projects to achieve national performance goals
consistent with state and metropolitan planning. The IIJA broadens NHPP to permit spending for
resiliency and protective features (such as raising bridges or adding drainage structures) that
reduce the risk of recurring damage from extreme weather events and other natural disasters.
Surface Transportation Block Grant Program (STBG; 23 U.S.C §133;
IIJA §11109)
STBG is the federal-aid highway program with the broadest eligibility criteria. IIJA provides an
annual average of $14.4 billion for STBG. Funds can be used on any federal-aid highway and for
bridge projects on any public road. Of each year’s allocation, states must set aside 10% for
bicycle paths, walkways, and other transportation alternatives. STBG funds may be used for
Appalachian Development Highway System projects with no state match. Nearly any public
transit project may be eligible for STBG funds.
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Highway Safety Improvement Program (HSIP; 23 U.S.C. §148; IIJA §11111)
HSIP supports projects that improve the safety of road infrastructure by correcting hazardous road
locations, such as dangerous intersections, or making road improvements, such as adding striping
or rumble strips.12 The IIJA provides an annual average of $3.1 billion for HSIP. These funds may
also be used for road safety projects not on federal-aid highways.
Railway-Highway Grade Crossing Program (23 U.S.C. 130; IIJA §11108)
The Railway-Highway Grade Crossing Program is funded by an HSIP set-aside of not less than
$245 million per year. The IIJA raised the federal share to 100%, eliminating the state match.
Congestion Mitigation and Air Quality Improvement Program (CMAQ;
23 U.S.C. §149; IIJA §11115)
CMAQ was established to fund projects and programs that may reduce emissions of
transportation-related air pollutants. Since FY2011, over $1 billion of the annual CMAQ funding
has been transferred to the Federal Transit Administration.13 Under the IIJA, the average annual
authorization for CMAQ is $2.64 billion.
Metropolitan Planning (MP; 23 U.S.C. §134; IIJA §11201)
MP establishes a cooperative framework for making transportation investment decisions in
metropolitan areas. The program funds metropolitan planning organizations (MPOs) and planning
activities. The IIJA provides an annual average of $456 million for this program.
National Highway Freight Program (NHFP; 23 U.S.C. §167; IIJA §11114)
Annual apportionments for NHFP average $1.43 billion through FY2026. This program is to help
states and MPOs remove impediments to the movement of goods. The IIJA expands the road
mileage eligible under the program.
Carbon Reduction Program (CRP; 23 U.S.C. §175; IIJA §11403)
This new formula program is funded at an average annual level of $1.284 billion. The CRP is to
reduce carbon dioxide emissions from motor vehicles. The funds may be used for traffic
monitoring, management, bike and pedestrian paths, truck stop electrification, and public
transportation. States have two years to develop a carbon reduction strategy. Sixty-five percent of
CRP funds are distributed within the states based on urbanized area population categories.
Promoting Resilient Operations for Transformative, Efficient, and Cost-saving
Transportation (PROTECT; 23 U.S.C. §176; IIJA §11405)
The new PROTECT formula program is funded at an annual average of $1.46 billion. PROTECT
supports transportation infrastructure resilience under Title 23, under Chapter 53 of Title 49
(Public Transportation), and for certain port facilities and highway evacuation routes. Section
11405 also creates a PROTECT competitive grant program.

12 CRS Report R43026, Federal Traffic Safety Programs: In Brief, by David Randall Peterman.
13 Congressional Budget Office, Highway Trust Fund Accounts, at https://www.cbo.gov/about/products/baseline-
projections-selected-programs#8.
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Transferability Among the Core Programs
States may transfer up to 50% of any apportionment to any other apportioned program. However,
no transfers are permitted of funds suballocated to areas by population (such as in STBG) or of
Metropolitan Planning funds. Transportation Alternatives set-aside funds may be transferred only
under specific conditions.
Multiyear Appropriation Formula Programs
Bridge Replacement, Rehabilitation, Preservation, Protection, and
Construction Program (Division J, Title VIII)
The IIJA provides $27.5 billion in equal annual amounts for FY2022-FY2026. Funds are
apportioned to the states based on each state’s relative cost to replace poor-condition bridges and
rehabilitate fair-condition bridges, relative to the national total. At least 15% must be spent on
bridges not on the federal-aid system. For public bridges owned below the state level the federal
project share may be 100%. All bridges on the National Bridge Inventory (NBI) are eligible.
National Electric Vehicle Formula Program (Division J, Title VIII)
This new program is funded at $5 billion per year for FY2022-FY2026, to provide funding to
states to strategically deploy electric vehicle charging infrastructure, establish an interconnected
network, and facilitate data collection, access, and reliability. Apportionment is based on a state’s
base apportionment shares, adjusted to provide funding for Puerto Rico and the territories.
Alternative fuel corridors must be built out first, after which funds may be used for any public
road or other publicly accessible locations.
Other Highway Programs
Nationally Significant Freight and Highway Projects (NSFHP/INFRA;
23 U.S.C. §117; IIJA §11110)
The NSFHP, also referred to as Infrastructure for Rebuilding America (INFRA), provides $14
billion in authorizations—$8 billion is assured contract authority and supplemental
appropriations, and another $6 billion is subject to future appropriations acts. These funds are for
discretionary grants for projects of regional or national importance. States, groups of states,
metropolitan planning organizations, municipal governments, special-purpose districts or
transportation authorities, Indian tribes, federal land agencies, and other public entities may apply.
Applicants apply directly to the Secretary of Transportation; state DOTs are not necessarily
involved.14 Applications must emphasize improving freight movement and must involve work on
the National Highway Freight Network, highway or bridge projects on the National Highway
System, intermodal projects, or railway-highway grade crossing or separation projects.

14 The NSFHP awards are made by the National Surface Transportation and Innovation Finance Bureau, not by FHWA.
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Emergency Relief Program (ER; 23 U.S.C. §125; IIJA §§11106, 11519)
ER funds are made available following natural disasters or catastrophic failures (from an external
cause) for emergency repairs, restoration of federal-aid highway facilities to pre-disaster
conditions, and addition of protective features to damaged facilities. The program is funded by a
permanent annual HTF authorization of $100 million and general fund appropriations authorized
on a “such sums as necessary” basis. ER funds can be used only on federal-aid highways.15
Territorial and Puerto Rico Highway Program (23 U.S.C. §165; IIJA §11126)
The Puerto Rico and Territorial Highway programs are funded at an annual average of $180.2
million and $47.9 million, respectively, through FY2026.
Appalachian Development Highway System Program (ADHS; IIJA Division J,
Title VIII)
The ADHS is made up of designated corridors in 13 participating Appalachian states. ADHS
projects are incorporated into the eligibilities of NHPP and STBG.16 The IIJA, however, provides
a stand-alone $250 million per year in supplemental appropriations distributed by a cost-to-
complete formula for FY2022-FY2026. Section 11506(f) also authorizes $200 million per year,
subject to appropriation, for the Appalachian Regional Commission.
Construction of Ferry Boats and Ferry Facilities (23 U.S.C. §147; IIJA §11121)
The Ferry Boats and Ferry Terminal Facilities Program is a formula program that distributes
funds to public ferry systems. The program’s funding totals $912 million ($570 in contract
authority and $342 in supplemental appropriations) under the IIJA, an average of $182 million
per year. The IIJA adds operating costs as eligible expenses under the program. Construction
costs for ferry boats and facilities are eligible expenses under NHPP and STBG.
Federal Lands and Tribal Transportation Programs (IIJA §§11112-11113)
Tribal Transportation Program (TTP; 23 U.S.C. §202). The TTP distributes funds among
tribes mainly under a statutory formula based on road mileage, tribal population, and relative
need. The IIJA provides an average annual authorization of $602 million in contract authority for
the TTP. Each year, $9 million is set aside for the Tribal High Priority Projects Program.
Federal Lands Transportation Program (FLTP; 23 U.S.C. §203). The IIJA funds the FLTP at
an average annual authorization of $439 million in contract authority. Of this amount, the
following average annual allocations are provided: $346 million for the National Park Service;
$36 million for the Fish and Wildlife Service; and $26 million for the Forest Service.
Federal Lands Access Program (FLAP; 23 U.S.C. §204). The FLAP supports projects that
provide access to federal lands. It is funded at an annual average of $298 million in contract
authority.
Nationally Significant Federal Lands and Tribal Projects Program (NSFLTP). This
competitive grant program is to support large projects on federal and tribal lands. The IIJA

15 CRS Report R45298, Emergency Relief for Disaster-Damaged Roads and Public Transportation Systems, by Robert
S. Kirk and William J. Mallett.
16 Federal Highway Administration, Guide to Federal-Aid Programs: Appalachian Development Highway Program,
Washington, DC, updated April 14, 2016, at https://www.fhwa.dot.gov/federalaid/projects.pdf#page=14.
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provides $55 million per year in contract authority for the program. The act also authorized $300
million per year subject to appropriations.
Transportation Infrastructure Finance and Innovation Act Program (TIFIA;
23 U.S.C. §§601-609; IIJA §§12001-12002)
The TIFIA program provides secured loans, loan guarantees, and lines of credit for major surface
transportation projects. For a project to be eligible, its sponsor must identify a means of repaying
the loan, such as a toll on a road, bridge, or tunnel.17 The IIJA provides $250 million annually in
contract authority for TIFIA.
New Competitive Discretionary Grant Programs
The IIJA creates new competitive discretionary highway programs. Most of these programs make
virtually all sub-state governmental entities and some nongovernmental entities eligible to
compete for grants that are awarded directly by the Secretary of Transportation and not by the
states. Most also allow states to apply.18 The nine programs discussed below are funded with
either contract authority or supplemental appropriations.
 Bridge Investment Program (23 U.S.C. §124; IIJA §11118) is funded at an annual
average of $2.5 billion for projects to replace, rehabilitate, preserve or protect
bridges on the NBI. Section 11101(b)(2)(A)(i) authorizes an additional average of
$653 million per year, subject to appropriation.
 Congestion Relief Program (23 U.S.C. §129(d); IIJA §11404) is funded at $50
million per year for projects that advance innovative integrated and multimodal
solutions to congestion relief.
 Charging and Fueling Infrastructure Grants (23 U.S.C. §151(f); IIJA §11401) are
funded at an average of $500 million per year. The grants are to fund contracts
with private entities to acquire and install publicly accessible electric vehicle,
hydrogen, propane, or natural gas charging or fueling infrastructure.
 Rural Surface Transportation Grant Program (23 U.S.C. §173; IIJA §11132) is
funded at an annual average of $400 million to improve and expand rural surface
transportation infrastructure.
 PROTECT (Discretionary) Grant Program (23 U.S.C. §176(d); IIJA §11405) is
funded at a $280 million annual average. The funding is divided into four set-
asides for Planning Grants, Resilience Improvement grants, Community
Resilience & Evacuation routes grants, and At-risk Coastal Infrastructure grants.
 Reduction of Truck Emissions at Port Facilities Program (IIJA §11402) is funded
at $80 million per year. The program is to encourage the electrification of port
operations and reduce truck idling and emissions at port facilities.
 Wildlife Crossing Pilot Program (IIJA §11123(b)(1)) is funded at a $70 million
annual average. It provides grants for projects intended to reduce wildlife-vehicle
collisions or increase habitat connectivity.

17 TIFIA is administered by the Build America Bureau within the U.S. Department of Transportation.
18 The process of standing up and implementing these programs is a multistep process, including writing the necessary
regulations, determining criteria, writing program guidance, publishing a notice of funding opportunity, receiving the
grant requests, processing the applications, and making the grant awards.
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 Prioritization Process Pilot Program (IIJA §11204) is funded at $10 million per
year, to support data-driven approaches to planning that allow for an accessible
and transparent prioritization process.
 Reconnecting Communities Pilot Program (IIJA §11509) is funded at an average
of $200 million per year for planning and construction grants for removing,
retrofitting, or mitigating transportation facilities, such as viaducts or limited
access highways, that create barriers to community connectivity.
The IIJA authorized nine other new programs subject to annual appropriations. These programs
are included in the list in Table 2.
Funding Beyond Highway Programs
Division B of the IIJA provides funding for multimodal, highway and motor vehicle safety, and
research and innovation programs that are not treated as highway programs in Title 23, Chapter 1
of the U.S. Code. These include the Nationally Significant Projects Program; the Local and
Regional Project Assistance Program (also referred to as RAISE grants); the National Culvert
Removal, Replacement, and Restoration Grant Program; the Safe Streets and Roads for All
program; and the SMART Grant Program. For these five programs, Division B of the IIJA
authorizes, subject to appropriation, $4.6 billion annually. In addition, Division J provides
appropriations totaling $3.8 billion per year. These funds are under the control of the Office of the
Secretary of Transportation.
Table 2. Highway Authorizations: IIJA
(CA = contract authority from the highway account of the HTF; for general fund (GF) appropriations,
SA = Multiyear Supplemental Appropriations and STA = Subject to Appropriations. In millions of dollars)
FAST
Act
Program
FY2021
FY2022
FY2023
FY2024
FY2025
FY2026
Total
Title I: FAHP Core formula
43,373
52,488
53,538
54,609
55,701
56,815
273,150
programs CA (see also Table 1)
Bridge Formula Program SA
—
5,500
5,500
5,500
5,500
5,500
27,500
National Electric Vehicle Formula
—
1,000
1,000
1,000
1,000
1,000
5,000
Program SA
Transportation Infrastructure
300
250
250
250
250
250
1,250
Finance and Innovation Program
(TIFIA) CA
Tribal Transportation Program CA
505
578
590
602
613
628
3,012
Federal Lands Transportation CA
375
422
430
439
448
456
2,195
Federal Lands Access Program CA
270
286
292
297
304
309
1,488
Territorial and Puerto Rico
200
219
224
228
233
237
1,141
Highway Program CA
INFRA (NSFHP) CA, GF, STA
1,000
2,640
2,740
2,840
2,840
2,940
14,000
Bridge Investment Program CA, SA
—
2,447
2,487
2,497
2,522
2,547
12,500
Congestion Relief Program CA
—
50
50
50
50
50
250
Charging & Fueling Infra. Grants CA
—
300
400
500
600
700
2,500
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Federal Highway Programs: In Brief

FAST
Act
Program
FY2021
FY2022
FY2023
FY2024
FY2025
FY2026
Total
Rural Surface Trans. Grant Program
—
300
350
400
450
500
2,000
CA
PROTECT Grants CA
—
250
250
300
300
300
1,400
Reduction of Truck Emissions CA
—
80
80
80
80
80
400
SA
Nationally Sign. Fed/Tribal Projects
100
55
55
55
55
55
275
CA (STA in FY2021)
Nationally Sign. Fed/Tribal Projects
—
300
300
300
300
300
1,500
STA
Bridge Investment Program STA
—
600
640
650
675
700
3,265
Healthy Streets Program STA
—
100
100
100
100
100
500
Trans. Resilience & Adaptation
—
100
100
100
100
100
500
Centers STA
Open Challenge & Research
—
15
15
15
15
15
75
Proposal Pilot Program STA
Highway Res. & Dev. Program CA
125
147
147
147
147
147
735
Technology & Innovation
68
110
110
110
110
110
550
Deployment Program CA
Training & Education CA
24
25
25
26
26
26
128
Intelligent Trans. Systems CA
100
110
110
110
110
110
550
University Trans. Centers CA SA
78
99
100
100
101
101
500
Bureau of Trans. Statistics CA
26
26
26
27
27
27
133
Wildlife Crossings Pilot CA
—
60
65
70
75
80
350
Prioritization Process Pilot CA
—
10
10
10
10
10
50
Reconnecting Communities Pilot
—
195
198
200
202
205
1,000
CA SA
FHWA Administrative Expenses
481
491
501
511
521
531
2,555
Construction of Ferry Boats CA SA
80
178
180
182
184
186
912
Appalachian Development Highway
—
250
250
250
250
250
1,250
System SA
Tribal High Priority Projects STA
—
30
30
30
30
30
150
Stopping Threats to Pedestrians
—
5
5
5
5
5
25
STA
Appalachian Regional Commission
110
200
200
200
200
200
1,000
STA
Denali Access System Program STA
—
20
20
20
20
20
100
Invasive Plant Elimination STA
—
50
50
50
50
50
250
Pol inator-Friendly Roadsides STA
—
2
2
2
2
2
10
Active Trans. Infra, Invest. STA
—
200
200
200
200
200
1,000
Data Integration Pilot STA
—
2.5
2.5
2.5
2.5
2.5
12.5
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Emerging Tech. Res. Pilot STA
—
5
5
5
5
5
25
Bureau of Indian Affairs Road
—
50
52
54
56
58
270
Maintenance Program STA
Total Highway Authorizations
47,214
70,246
71,679
73,123
74,468
75,938
365,455
Of Which:

Contract and Obligational
47,004
58,112
59,404
60,735
61,953
63,296
303,500
Authority
Supplemental Appropriations
0
9,454
9,454
9,454
9,454
9,454
47,272
Authorizations Subject to
210
2,680
2,822
2,934
3,061
3,188
14,683
Annual Appropriations Acts
Source: For FY2021, the Continuing Appropriations Act, 2021, and Other Extensions Act (P.L. 116-159). For
IIJA, FHWA, Highway Authorizations under IIJA (P.L. 117-58). See FHWA Authorization Table at
https://www.fhwa.dot.gov/bipartisan-infrastructure-law/funding.cfm. Totals may not add due to rounding. For
breakout of CA formula programs, see Table 1.
Notes: Table does not include $100 mil ion permanent exempt CA authorization for the Emergency Relief
Program. FAHP = Federal-Aid Highway Program. INFRA/NSFHP = Infrastructure for Rebuilding
America/Nationally Significant Freight & Highway Projects Program.

Author Information

Robert S. Kirk

Specialist in Transportation Policy

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Congressional Research Service
R47022 · VERSION 3 · UPDATED
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