T4America Blog

Two years in and a changed Congress—How does Biden stack up and move forward on transportation?

The sunsetting 117th Congress passed historic investments in infrastructure, via the 2021 infrastructure law and the Inflation Reduction Act. In parallel, the Biden Administration has rolled up its sleeves to implement those infrastructure investments with an eye towards safety, repair, and equity. Now with the incoming and divided 118th Congress, the Biden team is running out of time to make inroads on advancing its goals.

Since our last check-in, Congress passed the Inflation Reduction Act, FHWA finally has a confirmed administrator, and USDOT proposed a greenhouse gas emission rule which garnered thousands of comments in support. Meanwhile, USDOT continues to send out billions of dollars in formula and competitive dollars from the infrastructure law. 

However, with two years left in Biden’s term, time is running out for the administration to take decisive action on its transportation priorities. Progress made has been uneven and timid at best, concerned about political acceptance at the state and federal level instead of achieving the goals they’ve outlined. With one year down and four more to go for the IIJA, Biden’s USDOT will have to get creative to influence state DOT implementation of the law while also facing stiff headwinds from an incoming GOP-led House, bent on obstructing  transportation spending that is counter to a car-centric status quo.

The good: Taking steps to advance equity and climate in transportation

Recognizing local capacity constraints, USDOT invests in Thriving Communities

Thanks to Congressional appropriations in FY22, USDOT has created the Thriving Communities program to bridge the gap for marginalized communities to pursue and manage federal grant opportunities by building local capacity and providing technical assistance. This program is a $25 million down payment on an equitable and accessible discretionary grant framework for all communities, regardless of capacity and resources.

Long overdue proposed rule aims to advance climate accountability

In July 2022, the Biden administration proposed reinstating a rule that would require states to track their greenhouse gas (GHG) emissions. Save from a few minor adjustments, this 2022 version parallels the previously enacted Obama administration GHG emissions rule. FHWA is in a solid position to officially implement the proposed rule, especially because 24 states and the District of Columbia (not to mention local and regional instances) have already implemented it on their own. The rule is imperfect and limited in scope, but is nonetheless a crucial step towards intergovernmental climate accountability.

Money and action on Reconnecting Communities

The IIJA also included the Reconnecting Communities program, an effort to repair the harm done by divisive transportation infrastructure that destroyed community wealth and vibrant cultural centers for black and brown communities. The USDOT started rolling it out with a NOFO in late June. Congress doubled down on this effort by passing the Neighborhood Access and Equity Program (23 USC 177) in the Inflation Reduction Act. Furthermore, USDOT took a notable step within its RAISE program to demonstrate its commitment to Reconnecting Communities by investing in a project in Detroit and another project in NYC that aims to remove divisive highway infrastructure and restore community connectivity and vibrancy. In lieu of just making money available, USDOT is showing up in its leadership to steer the transportation program towards meaningful actions towards Reconnecting Communities.

The incomplete

Perfection is the enemy of the good

The above actions are commendable, but will do little to change state DOT investment strategies. Much of this past year, USDOT has rolled out new and updated guidance for various formula and discretionary grant programs stemming from the 2021 infrastructure law. At the same time, USDOT has been sending out a deluge of requests for information, with little followup action stemming from such requests. The search for the perfect approach to implement the infrastructure law has sapped up considerable precious time and stirred up opposition to administrative actions, in lieu of taking bold steps.

In the same vein, the much-anticipated MUTCD update is still pending. Rather than spend months overhauling the entire manual, USDOT should push ahead and release updates to the manual that advance a safe systems approach, put vulnerable road users first, and continue to make progress.

Non-representative Amtrak Board appointments

The 2021 infrastructure law reoriented Amtrak to focus on customer service and connecting communities across the country, both rural and urban. This reorientation included new standards for the composition of the Amtrak Board, which now must include representatives from not only the Northeast Corridor (NEC), but also the National Network (both long distance and state supported routes), as well as representation from the disability community. Unfortunately, the administration’s nominees, with the exception of one nominee from Illinois, hail exclusively from states served by the NEC. It will be up to the remaining nominees coming from Republicans to rebalance the Amtrak Board to steward its customer oriented, community connecting mission.

Lots of focus on moving goods, but what about moving people?

Supply chain has been the transportation buzz term of 2022, with logistical and labor hurdles in goods movement from the nation’s ports, to the freight railroads, to last mile delivery in communities across the US. The administration and Congress dove in and spent considerable time and money to improve resiliency of the nation’s supply chain. But at the same time, there has been an acute and worsening crisis in transit operations. 

Transit is a lifeline in many communities, ferrying essential workers to work and carrying lower-income members of the community to essential community services. Akin to the administration’s leadership on addressing challenges in the nation’s supply chain, the Biden administration needs to take leadership to address the nation’s transit operations across the country.

The opportunity: Actions the administration can take right now

Our list of specific actions are in the table below, tracking the progress the Biden administration has made since taking office. Since our last update, not much has changed (and there’s a notable lack of progress on value of time guidance and ensuring models account for induced demand, both of which we highlighted in our six-month update).

Looking ahead into 2023, the administration will be put on defense with what could be a hostile GOP-led House, bent on overzealous oversight aimed to claw back any progress on administration goals and implementation of the 2021 infrastructure law. Instead of being timid on their actions and allowing oversight to overwhelm USDOT’s agenda, USDOT will need to lean in and flex as much of their authority as they can in advancing their goals; forcing Congress to confront challenges to the administration’s flexed authority in the next session in a bipartisan manner and cultivate a reckoning within the federal transportation program that will sorely need to be revisited in the next transportation reauthorization.