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A large congressional delegation asks USDOT to improve the proposed congestion rule

Updated 7/28 11:50 a.m. Earlier this week, a large group of senators and representatives sent a letter to USDOT Secretary Foxx, requesting that USDOT change a flawed proposed rule for measuring congestion. They asked that USDOT assess the movement of people, rather than vehicles, as a better measure of congestion and also reward the improvements that can come from transit, toll lanes, or encouraging travelers to choose other options like walking or biking.

Congestion Buses 2

As we’ve been discussing here for a few months now, a new draft rule from USDOT will govern how states and metro areas will have to measure and address congestion. That proposal as written would define “success” in incredibly outdated ways, and old measures lead to old “solutions,” like prioritizing fast driving speeds above all other modes of transportation and their associated benefits.

The shortcomings in the proposed rule got the attention of some members of Congress, and earlier this week Senators Tom Carper (D-DE) and Bob Menendez (D-NJ) and Representative Earl Blumenauer (D-OR) were joined by 64 other members from the House and Senate on a letter to Secretary Foxx about the rule. (19 senators and 48 representatives total.)

From the (Senate) letter: (pdf)

“How we measure performance and outcomes directly affects the choice of investments that will be made. If we focus, as this proposed rule does, on keeping traffic moving at high speeds at all times of day on all types of roads and streets, then the result is easy to predict: States and MPOs will prioritize investments to increase average speeds for cars, at the expense of goals to provide safe, reliable, environmentally-sensitive, multimodal transportation options for all users of the transportation system, despite those goals being stated in federal statute. Encouraging faster speeds on roadways undermines the safety of roads for all road users, as well as the economic vitality of our communities.”

We’re encouraged to see this large group of elected leaders on board with the idea that how we measure congestion matters. It certainly matters for the communities — of all sizes — that they represent, and getting it wrong will have real impacts. In the letter, they note that the proposed rule doesn’t quite line up with some of the stated goals of Secretary Foxx, his Ladders of Opportunity program, and the Every Place Counts Challenge intended to help communities and neighborhoods that have been cut off or isolated by poorly-planned highway projects.

Yet, for far too long our transportation investments have focused solely on moving vehicles through a community rather than to a community, and without regard for the impacts to the community. In the process we have created real barriers for millions of Americans to access essential destinations. These barriers are most present for low-income communities and communities of color.

Nail on the head.

Our streets are about far more than just moving people through a community as fast as possible. They’re community assets and the framework for creating value and economic prosperity, and should be treated like more than just a simple pipe moving one thing quickly all day long.

Note: the House letter is here (pdf)

UPDATE: Representative Earl Blumenauer added his personal thoughts to the release of the letter:

Our federal highway system is stuck in the 1950s. By failing to properly evaluate the billions we spend on road maintenance and construction, we’ve created a transportation system that is unsafe, is increasingly harming the environment despite improving technology, and has left a legacy of racial exclusion and segmented communities.  We have to do better. The Department of Transportation has an opportunity to make sure that federal spending can help meet our goals of safety, sustainability, and accessibility. I hope these comments are considered.

And in case you missed it, Senator Tom Carper also wrote a short note about the congestion rule for the T4America newsletter yesterday. (Don’t get our bi-weekly newsletter? Rectify that immediately by signing up right here.)

Our federal transportation system’s ability to move people and goods is key to an efficient and growing economy, which is why it’s critical for the Department of Transportation to focus on the movement of people instead of vehicles in its congestion relief measures. In order to improve the safety of our roads, and build a world-class transportation system that revitalizes our regional economies, we need to invest in innovative congestion relief techniques that facilitate the movement of people without encouraging faster speeds or incentivizing costly highway expansions. 


Have you sent a letter to USDOT yet? There’s still time to generate a letter that we’ll deliver on your behalf before the comment period closes in a few weeks. We’ve already delivered 2,400 letters, but we’re aiming for far more.

Send yours today.

Amendments offered to improve the already solid Senate yearly transportation funding bill

Already standing in sharp contrast to the House’s approach to funding transportation for the next fiscal year, leaders in the Senate are working to further improve the smart Senate transportation funding bill through a handful of amendments to the bill as it reaches the floor.

With the approval by the full Senate Appropriations committee, the Senate’s yearly transportation (and housing) funding bill is now being considered on the full Senate floor.

Which means amendments…lots of amendments.

Senator Schumer (along with Sens. Gillibrand, Menendez, and Cardin) proposed an amendment (No. 1763) that would allow rail and transit bridges to also be eligible for the $500 million in the Bridges in Critical Corridors program. Our most critical corridors aren’t always just highways, and this allows states and local communities to apply for flexible funding that can meet their greatest local need, whether that a bridge carries trains or cars.

There was another predictable attempt by Senator Rand Paul to take away the tiny slices of money that local mayors and communities often use to invest in popular trails and protected bikeways like Indianapolis’ downtown Cultural Trail or Washington, D.C.’s Capital Crescent trail that commuters depend on daily and spend those relative pennies on bridge repair. (Streetsblog covered this troubling amendment yesterday.)

We should do a better job of repairing our aging bridges. As noted before, the Senate bill contains a new $500 million grant program to do exactly that. But which bridges? Senator Rob Portman from Ohio succeeded in having an amendment included that would ensure that the money can only to to repair bridges that are structurally deficient or functionally obsolete. That’s a done deal.

Lastly on bridges, Senator Cardin and Senator Gillibrand also proposed an amendment (No. 1760) requiring FHWA to report on highway and bridge conditions in each state as well as the amount of funding states are spending on highway and bridge repair — something that states once had to do before MAP-21 eliminated the dedicated bridge repair program. This would restore a requirement for states to closely track the conditions of their bridges and most importantly, how much they spend to repair these bridges compared to spending on new construction, helping taxpayers and citizens hold state leaders accountable for making progress.

There are some other amendments detailed below, which we’ll report on in the coming days.

It’s not too late to write or call your Senator and urge them to pass the Senate transportation funding bill when it comes before the full Senate. There were crucial swing votes on the committee that will be imperative to preserve when the full vote happens.

Other notable amendments we’re tracking:

  • Flake 1764 (and Flake 1796) – Prohibits use of funds to subsidize cost of food service and first class service on Amtrak
  • Flake 1765 (and Flake 1772) – Requires Amtrak to submit a report on losses in food service and first class service by route and line
  • Flake 1766 – Eliminates the $15M in funding provided for the public transit emergency relief program
  • Flake 1767 (w/ McCain) – Requires Secretary of Transportation to submit a report on programs carried out under chapter 2 of title 23 – which includes the Federal lands program and Transportation Alternatives
  • Inhofe 1771 – Requires that at lease 20% of the funding in the “Bridges in Critical Corridors” program be used in rural areas
  • Vitter 1775 – Requires the Secretary of Transportation to establish and publish selection criteria for TIGER including any required documentation. It also requires notification of awards within 3 days
  • Vitter 1776 – Allows any project awarded funds under the “Bridges in Critical Corridors” program to proceed with a categorical exclusion from NEPA requirements
  • Murphy 1783 (w/ Rockefeller and Blumenthal) – Requires that in any postings for Buy America waiver USDOT ‘assess the impact on domestic employment’ of the proposed waiver
  • Coons 1788 – Increases funding for Amtrak from 1.452 billion to $1.565 billion
  • Cochran 1794 (w/ Wicker) – Creates weight exemption for trucks on portions of Route 78 designated as an interstate after the effective date of the bill (this provision is similar to Wisconsin bill truck weight bill recently approved by the House)