Secretary Chao Archives - Transportation For America

A new countdown for USDOT transit funding

As Congress enters negotiations for the next long-term transportation bill and works to pass a new annual budget, our Stuck in the Station resource has been updated to provide a complete list of transit projects awaiting funding in 2019 and track USDOT’s progress towards meeting hard and fast deadlines imposed by an impatient Congress.

Last August, we launched Stuck in the Station to catalogue the Trump administration’s efforts to hamstring federal transit funding. From day one, the administration has proposed to defund the largest federal grant program for new transit projects and system expansions. Congress said “no” and gave them more than $2.3 billion dedicated to getting new projects off the ground, and the political appointees over at the U.S. Department of Transportation (USDOT) decided they just wouldn’t spend any of that money. Maybe they thought no one would notice. Except we did, and we called out their foot dragging with Stuck in the Station.

That was six months ago, at which point the administration had not signed a single new full funding grant agreement in a year, despite being flush with funds appropriated by Congress. Now, after months of increasing pressure from Congress, the public, and inquisitive media outlets in scores of metro areas, USDOT has signed 10 grants, accounting for about 45 percent of their available funds.

That’s progress, but it’s still woefully inadequate. After updating Stuck in the Station to add additional projects in the transit pipeline that have been rated “medium” or higher and are therefore eligible for funding, there are at least 26 projects in 20 communities that are waiting for a piece of the $1.1 billion available right now. And once a new transportation appropriations bill is signed (it’s among the funding bills being held up in the current government shutdown/funding standoff), USDOT will likely receive even more money to get these project rolling—perhaps another $2 billion or more.

Update: a new government spending bill signed by the president on Friday, February 15 adds another $1,491,505,856 in funding for new transportation projects. The new total is reflected in Stuck in the Station.

Every delay means that bulldozers and heavy machinery are sitting idle. Steel and other materials are getting more expensive. Potential construction workers are still waiting to hear about jobs that should have materialized yesterday. And everyday travelers counting on improved transit service are left wondering if their government will ever start doing its job.

Congress took unprecedented steps to require USDOT to act

The administration’s previous actions to slow roll transit funding proved that it couldn’t be trusted to execute transit grants in good faith, so Congress made a bipartisan move to add strings. In the 2018 transportation funding bill, Congress specified that USDOT must spend at least 80 percent of these transit capital funds by the end of the (calendar year) 2019. While USDOT has made progress as they advanced some projects in 2018, they still have hundreds of millions of dollars left to obligate to meet that statutory requirement.

Our updated Stuck in the Station resource now includes a countdown to the end of 2019 and a tracker showing how much USDOT still needs to award before the clock strikes zero, based on the most up-to-date information available about USDOT’s progress.

View Stuck in the Station

It’s important to note that even if USDOT reaches their 80 percent benchmark—which is an open question—that’s only a ‘B-‘ grade. Satisfactory. Whether the administration is willing to believe it or not, transit is a critical solution for looming crises like climate change and burgeoning inequity in our communities.

Failing to use the funds at their disposal would be a dangerous abdication of responsibility by USDOT leaders to carry out the agency’s mission: “ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.”

T4America joins a parade of letters to USDOT urging them to do their job and get transit projects moving

Following a parade of official letters from elected representatives, T4America sent a letter urging USDOT to do the job required of them by law and award funds to expeditiously advance transit projects, communicate more clearly with local communities about the status of their projects, and recognize that a bipartisan majority in Congress has twice rejected their wishes to eliminate the transit capital construction program. (Updated below.)

As chronicled in our Stuck in the Station resource, the Trump administration’s USDOT has stated their clear preference to wind down the federal program that pairs federal grants with state/local dollars to invest in much-needed public transportation projects in cities of nearly all size across the country.

USDOT has (begrudgingly) continued to award dollars mostly to smaller transit projects that receive their funding all at once in one single year—$50 million here, $50 million there—while largely neglecting to advance and sign any funding agreements for multi-year transit projects with higher price tags that require them to provide a larger amount of funding over multiple years. To date, they’ve awarded just $532 million of the $2.3 billion that Congress has given them since May 2017, a fact that’s impossible to reconcile with President Trump and Secretary Chao’s complaints about the long, arduous, red-tape-filled road to getting transportation projects approved and their promises to expedite that process.

(Update: 9/24/2018: Streetsblog LA reported last week that Los Angeles received what’s known as a Letter of No Prejudice from USDOT to proceed on their Purple Line subway extension. While this is indeed a “big deal,” as described by Metro CEO Phil Washington, it does not provide funding from FTA nor does it guarantee that Metro will receive funding in the future. We’ll have more on what this means later this week.)

Last week, we sent a letter to the Federal Transit Administration urging them to get these projects moving and also bring a degree of clarity and transparency that’s been sorely lacking:

To date, the administration has failed to obligate the overwhelming majority of funding appropriated since FY17. This undermines the administration’s stated goal of cutting red tape and building infrastructure. We therefore urge you to expeditiously advance projects, working cooperatively with project sponsors.

We further suggest that you review your method of communicating the status of projects by providing regular, detailed updates to public and project sponsors. This should include specific information about what remains to advance a project, an expected timeline, and what fiscal year funding will be used for a project.

Congress has rejected the administration’s plan to end the CIG program and, instead, provided the FTA with about $2.3 billion to build new and expand existing transit. Based on the limited information publicly available from your agency, there are 16 projects in 13 communities expecting this funding. While some grants have been awarded, USDOT appears to be delaying many projects while not providing project sponsors with the information they need to address the issues USDOT cites as cause for delay. Congress has been clear: USDOT’s mission is to advance projects through the pipeline and award grants.

Read our full letter here (pdf).

We are not the only ones who have been writing letters to USDOT, however.

With several transit projects already in the pipeline (and more on the way thanks to several recent ballot measures), Washington State’s two Senators and scores of representatives sent a letter to Secretary Chao back in February. In this letter, they outlined the recent timeline for three specific transit projects, pointing to months where projects sponsors were left waiting with no communication or action from FTA, noting that this “emerging pattern of missed execution dates, delays, and seemingly deliberate slowdowns in executing CIG grant agreements that have received Congressional appropriations is extremely concerning.”

“In addition, we note it is in direct contradiction to your commitment to distribute the funding Congress provides the Department,” they continued.

A couple months later, in April 2018, Senator Dianne Feinstein (CA) sent a letter to Secretary Chao with a similar thrust. “Congress has now twice rejected proposals from the Trump Administration to terminate the Capital Investment Grant program and instead has strongly reaffirmed its bipartisan commitment to not only continuing, but actually expanding, the program,” the letter states.

For an administration that wants states and localities to pick up a greater share of the funding burden for infrastructure, Senator Feinstein notes that these transit projects should be a pretty attractive deal.

The federal commitment of funding for these [transit] projects averages only 45 percent of the total costs, far less than the federal share of up to 80 percent on comparable highway projects. These projects deserve the fair and timely administration they are owed by a program that has been duly authorized and appropriated.

Jane Williams, the acting administrator of FTA, responded via a letter to all of Congress this summer, in which she seemed to assert that FTA has a lot more latitude to choose projects than the law would suggest (pdf):

The FTA bases its discretionary funding allocation decisions for the CIG program on a variety of factors including the extent of the local financial commitment, project readiness, and geographic diversity. The FTA also considers the extent value capture, private contributions, and other innovative approaches to project development and delivery are used, including public-private partnerships.

Except that the transit capital program isn’t truly “discretionary,” like the TIGER (now BUILD) grant program is, as an example. And “geographic diversity” as a consideration is not actually anywhere in the current law. Rep. Peter DeFazio and Del. Eleanor Holmes Norton, two members of the House Transportation and Infrastructure Committee, addressed both of these issues in a reply to the acting administrator (pdf):

As you know, the [transit capital grant] program’s statutory language is not like a typical discretionary grant program like INFRA, bus, or ferry discretionary grants. It is a pipeline program where eligible projects that meet the statutory criteria under section 5309 are funding subject only to continued appropriations. …FTA’s letter also attempts to add a new criterion to the [transit capital] program, referred to as geographic diversity. We are concerned that FTA is adding another layer of bureaucracy to discourage multiple transit projects from entering the pipeline from within the same growing urban area or state.

What they’re saying is that if transit projects are entered into the pipeline and meet the criteria in the law and are scored in a satisfactory manner (FTA does have some latitude here), the law dictates that those projects should be approved and funded. Put another way, FTA doesn’t actually get to “choose” which transit projects they want to fund—it is not a truly competitive program.

Rep. DeFazio and Del. Holmes Norton also note the massive cognitive dissonance between an administration that has publicly and loudly committed itself to cutting red tape, and USDOT’s plan to add a whole lot more red tape to a process that’s already far more complicated than it should be.

When you testified before the Committee on Transportation and Infrastructure, you spoke of an intent to ‘streamline permitting to speed up project delivery and reduce unnecessary and overly burdensome regulations.’ Given this testimony, we are confused as to why USDOT appears to be intent on creating new regulatory burdens designed to thwart transit infrastructure investment, in overt disregard of clear Congressional intent.

The message that USDOT is receiving is crystal clear. As our letter says, “we intend to continue to draw attention to these delays until these funds are obligated. Local communities have waited long enough.”

Trump administration has effectively halted the pipeline of new transit projects

How long will the Trump administration sit on transit funding? Click to view Stuck in the Station, a new resource tracking the unnecessary and costly delays in transit funding.

Last March, Congress provided the Federal Transit Administration (FTA) with about $1.4 billion to help build and expand transit systems across the country. 142 days later and counting, FTA has obligated almost none of these funds to new transit projects. A new Transportation for America resource—Stuck in the Station—will continue tracking exactly how long FTA has been declining to do their job, how much money has been committed, and which communities are paying a hefty price in avoidable delays.

For 142 days and counting, Trump’s FTA has declined to distribute virtually all of the $1.4 billion appropriated by Congress in 2018 for 17 transit projects in 14 communities that were expecting to receive it sometime this year. Other than one small grant to Indianapolis for their Red Line all-electric bus rapid transit project, the pipeline of new transit projects has effectively ground to a halt.

As a result, bulldozers and heavy machinery are sitting idle. Steel and other materials are getting more expensive by the day. Potential construction workers are waiting to hear about a job that should have materialized yesterday. And everyday travelers counting on improved transit service are left wondering when FTA will do their job and get these projects moving.

“When it comes to funding for infrastructure, this administration has repeatedly made it clear they expect states and cities to pick up part of the tab,” said Beth Osborne, Transportation for America senior policy advisor. “Yet these communities are doing exactly what the administration has asked for by committing their own dollars to fund these transit projects—in some cases, going to the ballot box to raise their own taxes—and yet still the administration does nothing.”

Fourteen communities in total are waiting on this funding appropriated by Congress—and approved by the president—earlier in 2018.

Dallas is waiting on more than $74 million to lengthen platforms at 28 DART stations in order to accommodate longer trains and increase the system capacity. In Reno, NV, the transit provider is waiting on $40 million to extend their bus rapid transit system from downtown to the university and provide upgrades to the existing line. Minneapolis/St. Paul is waiting on three different grants totaling an estimated $274 million to help extend two existing light rail lines (including new park & ride stations and additional trains) to reach surrounding towns and build a new bus rapid transit line. Twelve other projects, most of them brand new rail and bus lines, are also waiting for grants ranging from $23 million to $177 million.

President Trump’s stated ambitions to make a big investment in infrastructure have largely been thwarted by his and Congress’ inability to find or approve any new sources of funding. Yet right now, the administration has $1.4 billion for infrastructure sitting idle in the bank for transit, money that could be used to buy materials that are getting more expensive by the day, fire up the heavy equipment, and fill new jobs with construction workers helping to bring new bus or rail service to everyday commuters who are counting on it.

So how much money did Congress put in the Trump administration’s hands, and how much has the FTA actually distributed to these ready-to-go transit projects? Which communities are paying the price in expensive but entirely avoidable delays?

Browse Stuck in the Station, Transportation for America’s new resource for tracking how much money has been obligated to transit projects in the pipeline.

View Stuck in the Station and take action

In this case “obligating” means simply having the FTA (acting) administrator sign a grant contract for a project that’s already been in the federal pipeline for years. To be clear, FTA has already identified the projects that will receive grants, Congress has approved overall funding levels, and local projects have accounted for this federal money in their budgets. Local communities are just waiting on Secretary Elaine Chao and the acting administrator of the FTA to put pen to paper and actually deliver the money they’ve been promised.

It’s time for FTA to fulfill its promises and get these projects moving.

Big questions largely avoided during the first confirmation hearing for Trump’s Secretary of Transportation nominee

Trump’s appointee to serve as Secretary of Transportation had a confirmation hearing yesterday before a Senate committee, and though she was light on specifics, there were some illuminating questions from Senators and answers from Secretary-designate Elaine Chao.

In a confirmation hearing largely overshadowed by the higher-profile (and more controversial) hearings going on at the same time for Secretary of State and Attorney General, Elaine Chao answered questions from senators on the Commerce Committee yesterday morning and provided at least a glimpse into what can be expected at USDOT under the incoming administration.

She filed a short opening statement that was light on specifics, but emphasized the need to increase private investment in infrastructure, to streamline the process of building transportation projects, and to help the federal government be a partner in the innovation of emerging technologies that is happening on the ground in cities — which is currently “led by the private sector,” she said.

In that statement, she identified how our transportation investments have helped us be competitive, but noted that those “gains are jeopardized by infrastructure in need of repair, the specter of rising highway fatalities, growing congestion, and by a failure to keep pace with emerging technologies.”

While highway fatalities are indeed increasing, pedestrian fatalities are also on the rise after years of decline. Following the release of Dangerous by Design 2016, which highlights the 46,000-plus people who were killed while walking from 2005-2014, T4America sent a letter signed by hundreds of supporters to the committee members asking them to press her on this safety issue.

Senator Brian Schatz from Hawaii took up the cause during the hearing, noting that we have a “serious safety crisis” overall, with more than 35,000 people dying on our roads in 2015 — “the largest increase in years;” “10 percent of those [deaths] were pedestrians,” he added, noting that the problem is particularly bad in Hawaii.

But “these [pedestrian fatalities] are preventable through best practices,” Senator Schatz added, noting how better street designs — and direct guidance from the federal government — can help states and MPOs build streets that are safer for everyone. He asked about her commitment to work on a safe streets agenda, to which Ms. Chao answered that she looked forward to working with him on the issue.

On the TIGER competitive grant program that is increasingly one of the best (or only) sources of funding for smart, local projects, Chao made no promises about overall funding for the program but noted that it was “one area of great agreement,” and that she was “impressed with how many members like it.”

On the elephant in the room, long-term funding for transportation, there was the typical rhetoric and few details — perhaps to be expected by any nominee at this point.

“President-elect Trump’s vision for an infrastructure proposal is ambitious, futuristic and comprehensive,” she said, noting that private investment and public-private partnerships need to be part of the mix. She was supportive of the TIFIA financing program (“It’s an important and valuable source of funding…we need more innovative sources like it.”) And she’s aware of the long-term structural problems with the gas tax, such as improved vehicle efficiency, and vehicle-miles-traveled — though now increasing after ten years of no growth — failing to come close to any of the federal projections for huge long-term growth.

She did answer a pointed question from Senator Cory Booker, who asked — financing and private investment aside — if she and President-elect Trump are in favor of increasing direct federal investment in transportation. Chao said, “I believe the answer is yes.”

And though it would be a question for Congress rather than the USDOT, she didn’t rule out Senator Mike Lee’s plan to essentially kill the federal transportation program, cut the federal gas tax down to a few pennies and let states decide whether or not (and how) they want to invest in transportation. “I’m open to all ideas,” she said, although this specific idea stands in stark opposition to the notion of increasing direct federal investment in infrastructure.

There was no vote on her confirmation today, and there could be another hearing for further questions. But evidence thus far suggests that Democrats are unlikely to oppose her nomination and she should be confirmed in a matter of time. As for what USDOT will look like under a Secretary Chao, there were a few hints of the approach today, but the proof will be in the pudding in 2017.

Watch the full video of the hearing above.