The 118th Congress was gaveled into session on January 3rd and spent the first several weeks organizing committee ratios and membership rosters.  With those issues addressed, committees have begun their work.  Reauthorization of the Federal Aviation Administration (FAA) and aviation programs is expected to be the top transportation legislative priority this year as the current law expires on September 30th.   The House Transportation & Infrastructure Committee, under the new leadership of Chairman Sam Graves (R-MO) has already held a handful of hearings gathering testimony from various stakeholders within the aviation sector.  Chairman Graves has stated it is his intention to have FAA reauthorization legislation considered by his committee and on the House floor this summer.  The Senate Commerce Committee is moving with similar speed and has also held several hearings.

Recent train derailments – including the tragic derailment in East Palestine, OH in early February – have also focused greater scrutiny on the nation’s rail network, hazardous materials transportation and emergency response.  The Senate Commerce Committee has held a hearing to examine these derailments and further hearings are expected in both chambers in the coming weeks.   

Competitive Grants Awards and NOFOs

Since January, USDOT has been busy announcing funding awards for several Infrastructure Investment and Jobs Act (IIJA) competitive grant programs as well as publicly posting its 2023 schedule of upcoming Notices of Funding Opportunities (NOFOs).   

Since January the following grant program funding has been awarded:

• $185 million for the Reconnecting Communities Pilot Program
• $94 million for the Strengthening Mobility and Revolutionizing Transportation (SMART Grants Program
• $12 million for the U.S. Marine Highway Program
• $1 billion for the Airport Terminal Program
• $800 million for the Safe Streets and Roads for All Grant Program
• $1.2 billion for the National Infrastructure Project Assistance (MEGA) Grant Program
• $384 million ferry programs 
• $2.1 billion for the Large Bridge Grants Program 

To date the following NOFOs have been issued in 2023:

• $1.7 billion for the Low or No Emission Grant Program and the Bus and Bus Facilities Grant Program with applications due by April 13th;
• $662 million for the Port Infrastructure Development Program with applications due by April 28th 
• $700 million for the Charging and Fueling Infrastructure Grants Program.  Applications are due by May 30.
• NOFOs for several more popular programs such as the Safe Streets and Roads for All Grants; Ferry Programs: Ferry Service for Rural Communities Program and the Passenger Ferry Boat Program; Transit-Oriented Development Pilot Program; MEGA/INFRA/Rural grants; Thriving Communities Program and the Reconnecting Communities Program and Neighborhood Access and Equity Grant Program are all expected to be issued this Spring.

FY2024 Budget and Appropriations

On March 9th President Biden released his FY2024 budget proposal.  The budget proposes $145.3 billion for USDOT.  Some of the highlights in the budget include: 

• $2.4 billion for Bridge Investment Grants
• $1.640 billion for INFRA Grants
• $ billion for the National Electric Vehicle Infrastructure (NEVI) formula program
• $500 million for the Charging and Fueling Infrastructure Grants Program
• $4.5 billion for Capital Investment Grants
• $1.1 billion for Low or No Emission grants
• $1.5 billion for CRISI grants

Now that the President’s budget has been released, the various appropriations subcommittees have begun holding hearings to review the proposal budget for federal agencies.  USDOT Secretary Pete Buttigieg appeared before the Senate Transportation, Housing and Urban Development (THUD) Subcommittee on March 23rd.  The hearing can be viewed here.  At the time of publication, a similar hearing by the House THUD Subcommittee had not yet been scheduled.

Confirmations and Nominations

On January 13th, Shailen Bhatt was sworn in as the 21st Administrator of the Federal Highway Administration (FHWA).  FHWA had been without a confirmed Administrator since the start of the Biden Administration.  Joining Administrator Bhatt is Andrew Rogers who was named Deputy Administrator on February 27th.  Former Deputy Administrator and Acting Administrator Stephanie Pollack was named Coordinator for Project Delivery Support in the Office of the Secretary where she has been coordinating efforts across USDOT and its modal administrations to ensure that projects funded by IIJA grants are delivered on time, on task and on budget.

The FAA remains without a confirmed Administrator as nominee Phil Washington withdrew himself from further consideration on March 25 when it became clear that there were not enough votes to move his nomination through the Senate Commerce Committee and onto the Senate floor.   At time of publication, President Biden had not put forth a new nominee.