STATEMENT OF
THOMAS G. ECHIKSON
CHIEF COUNSEL
FEDERAL HIGHWAY ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
BEFORE THE
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
SUBCOMMITTEE ON TRANSPORTATION AND PUBLIC ASSETS
U.S. HOUSE OF REPRESENTATIVES
HEARING ON
MAP-21 PROGRAM CONSOLIDATION
DECEMBER 8, 2015
Chairman Mica, Ranking Member Duckworth, and Members of the Subcommittee, thank you
for the invitation to appear before you today on behalf of the Federal Highway Administration
(FHWA) to discuss program consolidation under the Moving Ahead for Progress in the 21st
Century Act (MAP-21) and the implementation of key provisions designed to improve
administrative flexibility and efficiency and accelerate project delivery. Accompanying me
today are Brian Bezio, FHWA Chief Financial Officer, and Peter Stephanos, Director of
FHWA's Office of Transportation Performance Management.
Consolidation of Programs
MAP-21 consolidated a complex array of FHWA programs into a smaller number of broader
programs, with the eligibilities generally continuing under such programs. This revised program
structure has helped provide our grantees with flexibility to deliver projects more efficiently. It
also anticipates the flexibility grantees will need to make data-driven investment decisions to
meet performance targets. However, while FHWA programs were consolidated for funding
purposes, the same activities previously authorized remained eligible for funding under MAP-
21. As such, FHWA remains responsible for administering a $42 billion program with eligible
projects of a comparable number and breadth as under the pre-MAP 21 program. Because
FHWA still must review and approve the eligibility of projects, including projects using funding
still available under pre-MAP-21 authorities, neither the number nor the complexity of the
projects we review has diminished. In order to carry out our dual mission of protecting
taxpayers and advancing national goals, FHWA must still provide effective oversight of State
implementation of the Federal-aid highway program. FHWA personnel remain focused on
providing appropriate oversight, shortening project delivery, and advancing innovation.
In the past decade, while funding for the Federal-aid highway program has grown, the number of
full-time employees (FTEs) employed to support this growth has remained relatively constant.
In Fiscal Year (FY) 2003, 2,366 FTEs were dedicated to administer a $30.8 billion program. In
FY 2012, FHWA used 2,302 FTEs to administer a $40 billion program; in FY 2014, FHWA
used 2,281 FTEs to administer a $42 billion program. It is important to note that FHWA is
organized around areas of expertise, including safety, infrastructure, operations, environment,
and planning, rather than by program, meaning the FTEs are not specifically dedicated to
specific programs. Therefore, disaggregating an individual's time based on a particular program
is not possible. Many discontinued or streamlined programs are still active as grantees spend
down prior balances. Similarly, projects that were eligible under these discontinued programs
still remain eligible under the larger, consolidated programs. While the structure under MAP-21
provides greater flexibility to the States using these funds, the program still requires the same
amount of Federal oversight. In short, FHWA still has many of the same responsibilities for
programs under MAP-21 as existed prior to MAP-21.
The areas around which FHWA has been and continues to be organized remain critical to
delivering the consolidated program structure under MAP-21. More than two-thirds of FHWA's
employees are located in our field offices, providing valuable expertise and working directly
with State departments of transportation and other partners to deliver projects. FHWA staff
workload is a function of the number and complexity of projects that FHWA oversees, not the
number of programs.
Performance Management
The cornerstone of MAP-21's Federal highway program transformation is the transition to a
performance-based program, which sets the stage for States and metropolitan planning
organizations (MPOs) to make more strategic and efficient investment of Federal-aid highway
funds through performance-based planning and programming. The performance-based structure
promotes the use of system information to make informed investment and policy decisions to
achieve the national performance goals established in statute. These performance measures are
intended to assist States and MPOs in making data-driven funding and investment decisions.
The Department has been working diligently to finalize the performance management rules as
quickly as possible. The MAP-21 requirements cover a number of performance areas that vary
in maturity levels. In some cases, we have had to establish the new methods, standards, and data
sources necessary to implement an effective national program. In addition, all States and MPOs
receiving Federal-aid highway funds will need to comply with these new requirements. For
these reasons, we have worked through many proposed implementation options, carefully
considering the impact on these entities. Additionally, the Department felt strongly about
engaging the public early before the formal rulemaking process began. Right after President
Obama signed MAP-21 into law, the Department began a series of stakeholder engagements in
which nearly 10,000 people participated.
FHWA is using a comprehensive approach to implement performance management, publishing
rulemakings in three phases related to safety; infrastructure; and freight, traffic congestion, and
air quality. In timeframes coinciding with these phases, FHWA also is issuing three program-
related rulemakings: planning, highway safety improvement, and asset management. FHWA
has published notices of proposed rulemaking (NPRM) for all but one of these rulemakings and
anticipates publishing the final rules in the first half of next year. FHWA expects to publish the
final NPRM focused on measures for the performance of the National Highway System, the
Congestion Mitigation and Air Quality Improvement program, and freight movement on the
Interstate System soon. To provide transparency regarding these rulemakings, the Department
updates the schedules on a monthly basis on its website:
http://www.transportation.gov/regulations/report-on-significant-rulemakings.
At FHWA, we are looking forward to reaping the benefits that the performance-based policy
framework in MAP-21 will create in terms of helping maximize investments. By focusing on
national goals and increasing accountability and transparency, these changes will improve
decision-making in States and MPOs through more informed planning and programming.
Implementing the performance management requirements and assisting States and MPOs as they
transition toward this framework remains a priority at FHWA. We believe performance
management is a key tool in preparation for the Federal-aid highway program of the future.
Project Delivery and Innovation
MAP-21 included provisions designed to further increase innovation and improve efficiency in
the delivery of transportation projects. Immediately after passage of MAP-21, FHWA began
working aggressively to implement these provisions by conducting outreach sessions with
stakeholders, issuing guidance, and working collaboratively with other Federal agencies. FHWA
and the Federal Transit Administration (FTA) jointly took swift action to implement MAP-21
provisions requiring regulatory changes in the area of project delivery, including the exclusion
from requirements under the National Environmental Policy Act to prepare an environmental
impact statement or environmental assessment for actions following declarations of emergency.
FHWA and FTA also published quickly an NPRM for new categorical exclusions related to
actions within the operational right-of-way and for projects with limited Federal financial
assistance.
Many MAP-21 provisions complement the successes of FHWA's Every Day Counts (EDC)
partnership with States, local governments, and the private sector. EDC focuses on shortening
project delivery and getting proven innovations quickly and broadly deployed to benefit road
users. Designed to complement other initiatives centered on innovative technologies, practices
and investment, EDC plays an important role in helping transportation agencies fulfill their
obligation to the American people to deliver the greatest value for the tax dollars spent. Simply
stated, EDC is a State-based model to identify and rapidly deploy proven, yet underutilized,
innovations to move projects from concept to completion more efficiently, saving time and
money, enhancing roadway safety, reducing congestion, and improving environmental
sustainability.
Congress incorporated into MAP-21 process innovations advanced in EDC, such as
Programmatic Agreements, and innovative contracting strategies such as Construction
Manager/General Contractor (CM/GC). CM/GC and other innovative contracting methods allow
a project owner to evaluate new ideas, receive constructability advice from the contractors, and
consider approaches that have the potential to reduce time, cost, and overall risk in the
construction of projects.
In addition to process innovations, technology innovations like Safety EdgeSM and High Friction
Surface Treatments are improving safety. Other innovations are helping to deliver transportation
projects faster and cheaper. Using Accelerated Bridge Construction (ABC), transportation
agencies have been able to replace bridges over a weekend (within 48 to 72 hours), reducing
overall project construction time by months to years in some cases. Most States now have a
specification and/or contractual language for use of Warm Mix Asphalt, which is mixed and
placed at lower temperatures—saving fuel used for production; extending the paving season; and
reducing emissions, odors, and fumes.
Across the Nation, transportation stakeholders want to look beyond "business as usual" and
become more innovative in the way they deliver projects. Through the EDC model, FHWA
works with stakeholders to identify a new collection of market-ready innovations to champion
every two years. After the process of selecting EDC innovations for deployment is completed,
transportation leaders from across the country gather at regional summits. These summits
provide transportation professionals the opportunity to learn about and assess the innovations
being promoted through EDC, exchange ideas with their agency and industry counterparts in
neighboring States, and provide feedback to FHWA on the support and resources needed to
adopt the innovations in their own States. These summits also begin the process for States and
locals to focus on the innovations that make the most sense for their unique program needs,
establish performance goals, and commit to finding opportunities to get those innovations into
practice.
Forty-nine States have created State Transportation Innovation Councils (STICs), which are
often responsible for the evaluation of innovations and oversight of deployment efforts. Co-
chaired by a State DOT leader and FHWA Division Administrator in each State, the STICs can
encourage innovation and cooperation among a wide range of partners at the State and local
levels and allow each State to customize EDC implementation to its own needs and challenges.
The STICs have become an essential component in helping create a national network to deploy
innovation and get the most value out of every Federal, State, and local transportation dollar.
Through three cycles of EDC, a total of 32 proven innovations and enhanced business processes
have been promoted, saving millions that can be used to deliver more projects for the same
investment. Since EDC's inception in 2010, every State transportation agency has used eight or
more of the innovations promoted under the initiative, and some have adopted over twenty.
Through EDC, we are saving money, saving time, and saving lives—exactly the results we
believed were possible if we and our State partners made innovation a standard industry practice.
Conclusion
As you know, last week, Congress passed a long-term transportation authorization bill, finally
ending the cycle of continued short-term patches that create uncertainty for project sponsors and
inhibit their ability to plan effectively. FHWA will continue to help prepare States and locals to
deliver the highway program of the future while providing appropriate oversight and effective
implementation.
Thank you again for the invitation to appear before you today to discuss MAP-21 program
consolidation and implementation. I will gladly answer any questions at this time.
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