U.S. Legislative News

Shutdown Creates a Sluggish Start to the 116th Congress

Amid a climate of uncertainty on Capitol Hill, the ongoing closure of nearly a quarter of the government is now the longest in U.S. history. Making this shutdown particularly unique are reports that negotiations between the Administration and Congress have shown little to no signs of progress up until this point.

With the main point of contention revolving around the issue of border security, some believe the stalemate will only end if the president declares a national emergency. While there would be debate as to whether this approach an overreach of executive authority, Congress would likely immediately challenge it, however this declaration may allow for funding bills to reopen shuttered agencies to pass through the legislature with little opposition.

While the bulk of the actual funding packages are uncontroversial, the shutdown has created a legislative logjam on Capitol Hill. Congress has been unwilling to act on bills that would regularly pass with little obstruction, as they believe reopening the government should be the top priority.

Delays at NTSB Due to Shutdown

The National Transportation Safety Board (NTSB) has been unable to work on thousands of ongoing safety investigations or begin new investigations during the lapse in federal funding. With many investigators furloughed, it does not have the resources to collect information to make investigation determinations about opening new cases. The backup of investigations will likely only be exacerbated for the duration of the shutdown, shifting the onus of investigating significant highway, railroad, and aviation accidents to local authorities for the time being.

EPA Reiterates Commitment to E15

The Environmental Protection Agency (EPA) maintains that it is still expecting to have a final rule to expand the sale of E15 gasoline to summer months ready before the summer driving season begins. However, the appropriations delay has reportedly suspended progress on the rulemaking process. The EPA was slated to have a proposed rule issued by February, with approval by June, but the shutdown is now jeopardizing that timeline. The Administration’s decision to bolster the sale of E15 in the summer months has drawn both significant support and opposition among various interests.

Project Funding Concerns at State DOTs

While the government shutdown impacts the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration and the Federal Highway Administration have not yet needed to furlough any employees. These agencies received funding from other mechanisms, such as the Highway Trust Fund, allowing them to operate during a gap in annual appropriations. While no funding for state transportation projects has reportedly been withheld, many state departments of transportation are putting new projects on hold for the time being. The lack of available staff from other DOT agencies has been one reported cause of delays in state payments.

PAVE Coalition’s Automated Vehicle Public Education Campaign

On January 7, the Partners for Automated Vehicle Education, a coalition of industry, non-profit, and academic institutions, launched a campaign to provide the public and policymakers with advanced vehicle technology and self-driving vehicles. The coalition has said it will not advocate for specific technologies or public policies, but is focused on providing factual information about the present and future state of technology and its potential benefits.

The coalition plans to hold hands-on demonstrations allowing the public to see and experience driverless technology, provide educational toolkits for auto dealers to help dealers inform consumers, and to host policymaker workshops designed to give officials at local, state, and national levels a better understanding of driverless technology so they can make the best decisions for their constituents. Members of the coalition include automakers including Audi of America, as well as leading safety advocacy groups including the National Safety Council.

Ford Recalls Over 950,000 Vehicles Over Takata Airbag Concerns

Ford issued an expanded safety recall for certain Takata airbag inflators in North America on January 4. This recall was a planned expansion as a result of the National Highway Traffic Safety Administration’s Takata-coordinated remedy order. Ford says that it is not aware of any injuries associated with the passenger side frontal inflators included in this safety recall. However, with at least 23 fatalities globally involving Takata airbag incidents, the recall is still a top priority for Ford and other affected automakers.

New House Rules Ease Highway Trust Fund Transfers

The Democratic House Majority agreed to a rules package that eliminated an enforcement provision known as the “Ryan Rule” that required transfers from the Treasury's general fund to the Highway Trust Fund (HTF) be offset by spending cuts or revenue increases elsewhere. This rule revision eliminates one hurdle the Fund will face, as it will need another general fund bailout before a funding shortfall slated for 2021. While this change will undoubtedly aid the HTF’s near-term funding problems, Congress has yet to reach consensus on solutions to the Fund’s long-term solvency.