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United States Government Accountability Office: 
GAO: 

Testimony: 

Before the Committee on Transportation and Infrastructure, House of 
Representatives: 

For Release on Delivery: 
Expected at 10:00 a.m. EDT:
Wednesday, May 4, 2011: 

Recovery Act: 

Use of Transportation Funds, Outcomes, and Lessons Learned: 

Statement of Phillip R. Herr, Director:
Physical Infrastructure: 

GAO-11-610T: 

GAO Highlights: 

Highlights of GAO-11-610T, a testimony before the Committee on 
Transportation and Infrastructure, House of Representatives. 

Why GAO Did This Study: 

The American Recovery and Reinvestment Act of 2009 (Recovery Act) 
provided more than $48 billion to the Department of Transportation 
(DOT) to be distributed through existing programs and through two new 
competitive grant programs—high speed intercity passenger rail and the 
Transportation Investment Generating Economic Recovery (TIGER) 
program. As requested, this testimony addresses the (1) status and use 
of Recovery Act transportation funds, (2) outcomes and long-term 
benefits of Recovery Act transportation investments, and (3) lessons 
learned from DOT’s and states’ experiences implementing the Recovery 
Act. GAO reviewed prior and ongoing work, federal legislation, and 
guidance. GAO also analyzed Recovery Act data and interviewed federal, 
state, and local officials. 

What GAO Found: 

As of March 31, 2011, more than $45 billion (about 95 percent) of 
Recovery Act transportation funds had been obligated for over 15,000 
projects nationwide, and more than $26 billion had been expended. 
States and other recipients continue to report using Recovery Act 
funds to improve the nation’s transportation infrastructure. Highway 
funds have been primarily used for pavement improvement projects and 
transit funds have been primarily used to upgrade transit facilities 
and purchase new vehicles. Recovery Act funds have also been used to 
rehabilitate airport runways and improve Amtrak’s infrastructure. DOT 
continues to obligate funds for its high speed intercity passenger 
rail and TIGER grant programs. As of March 31, 2011, DOT had obligated 
nearly all of the $1.5 billion in TIGER funds for 51 surface 
transportation projects. 

The Recovery Act helped to fund transportation jobs, but long-term 
benefits are unclear. For example, according to available data, 
Recovery Act transportation projects supported about 50,000 full-time 
equivalents (FTE) in the three months from October through December 
2010. The most recent data showed that highway projects accounted for 
about two-thirds of the transportation FTEs reported, and the 
remaining one-third of the FTEs were attributed to transit and other 
transportation projects. However, the impact of Recovery Act 
investments in transportation is unknown, and GAO has recommended that 
DOT determine the data needed to assess the impact of these 
investments. Although DOT has set broad performance goals for its high 
speed intercity passenger rail and TIGER programs-—and is currently 
evaluating the best methods for measuring objectives and collecting 
data—-it has not committed to assessing the long-term benefits of the 
Recovery Act investments in transportation. 

Certain Recovery Act provisions meant to stimulate the economy, but 
not typically required under existing DOT programs, proved 
challenging. For example, GAO has reported on numerous challenges DOT 
and states faced in implementing the transportation maintenance-of-
effort requirement, which required states to maintain their planned 
levels of spending over approximately 18 months or be ineligible to 
participate in the August 2011 redistribution of obligation authority 
under the Federal-Aid Highway Program. A January 2011 preliminary DOT 
report found that 29 states met the requirement while 21 states did 
not. In this report, DOT also discussed how the maintenance-of-effort 
provision could be improved. With regard to the high speed intercity 
passenger rail and TIGER programs, GAO found that while DOT generally 
followed recommended grant-making practices, DOT could have better 
documented its award decisions. For example, the Federal Railroad 
Administration could have developed clearer records for how it made 
award decisions. Without a clear record of selection decisions, DOT is 
vulnerable to criticism about the integrity of its decisions. 
Likewise, DOT did not clearly document its final decisions and 
rationale for selecting recommended TIGER projects. 

What GAO Recommends: 

This testimony does not include new recommendations. In our past work, 
GAO recommended that the Secretary of Transportation take several 
actions, such as directing the Federal Highway and Federal Transit 
administrations to determine the data needed to assess the impact of 
Recovery Act projects; we recently recommended that the Federal 
Railroad Administration and DOT better document decisions regarding 
their competitive grant programs. DOT has addressed some GAO 
recommendations, but others remain open. We will continue to track 
them. GAO provided a draft of this statement to DOT and incorporated 
its comments where appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-11-610T] or key 
components. For more information, contact Phillip R.Herr at (202) 512-
2834 or herrp@gao.gov or Susan A. Fleming at (202) 512-2834 or 
flemings@gao.gov. 

[End of section] 

Chairman Mica, Ranking Member Rahall, and Members of the Committee: 

We are pleased to be here today to discuss our observations on 
Department of Transportation (DOT) programs funded under the American 
Recovery and Reinvestment Act of 2009 (Recovery Act).[Footnote 1] 
Congress enacted the Recovery Act in response to a serious economic 
crisis to, among other things, preserve and create jobs, promote 
economic recovery across the nation, and invest in transportation and 
other infrastructure to provide long-term economic benefits. We have 
noted that, given the nation's long-term fiscal challenges, any 
economic stimulus package should be timely, targeted, and temporary. 
The Recovery Act provided more than $48 billion for transportation 
investments just over a year after the onset of the recession, and 
stipulated that most of the funds be obligated by September 30, 2010. 
The Recovery Act targeted the majority of transportation funds for 
investments in infrastructure, including airports and air navigation 
facilities, roads and bridges, public transit systems, and high speed 
intercity passenger rail.[Footnote 2] 

The Recovery Act assigned several roles to GAO, including reviewing 
how selected states and localities used funds made available under the 
act. As part of those reviews, we examined how Recovery Act 
transportation funds are being used and whether they are achieving the 
act's stated purposes.[Footnote 3] We also recently issued reports on 
two competitive grant programs funded under the Recovery Act, 
including the Federal Railroad Administration's (FRA) high speed 
intercity passenger rail program and the Transportation Investment 
Generating Economic Recovery (TIGER) grant program[Footnote 4] 
administered by the Office of the Secretary of Transportation, both of 
which we discuss in this statement.[Footnote 5] 

Our statement is based on our recently completed and ongoing work, and 
addresses the (1) status and use of Recovery Act transportation funds, 
(2) outcomes and long-term benefits of Recovery Act transportation 
investments, and (3) challenges and key lessons learned from DOT's and 
states' experiences implementing the Recovery Act. We conducted all of 
our work in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to produce a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our statement today. Additional information on our scope and 
methodology is available in each issued report. 

Background: 

The vast majority of the $48.1 billion of Recovery Act funding for 
transportation programs went to the Federal Highway Administration 
(FHWA), FRA, and the Federal Transit Administration (FTA) for highway, 
road, bridge, rail, and transit projects. Indeed, more than half of 
all Recovery Act transportation funds were designated for the 
construction, rehabilitation, and repair of highways, roads, and 
bridges (see figure 1). The remaining funds were allocated among other 
DOT operating administrations.[Footnote 6] 

Figure 1: Recovery Act Funds Appropriated to DOT Programs: 

[Refer to PDF for image: pie-chart and associated data] 

Total DOT Recovery Act funding: $48.1 billion. 

Operating administration: Maritime Administration (MARAD): $100 
million (0.2%); 
Program: Assistance to small shipyards: $100 million. 

Operating administration: Federal Aviation Administration (FAA): $1.3 
billion (2.7%); 
Programs: 
Grants-in-aid for airports: $1.1 billion. 
FAA facilities and equipment: $200 million. 

Operating administration: Office of the Secretary of Transportation 
(OST): $1.5 billion (3.1%); 
Program: Transportation Investment Generating Economic Recovery 
(TIGER) grants: $1.5 billion. 

Operating administration: Federal Transit Administration (FTA): $8.4 
billion (17.5%); 
Programs: 
Transit capital assistance program (TCAP)[A]: $6.9 billion; 
Fixed guideway infrastructure: $750 million; 
Capital investment grants: $750 million. 

Operating administration: Federal Railroad Administration (FRA): $9.3 
billion (19.3%); 
Programs: 
High speed intercity passenger rail: $8.0 billion; 
Amtrak: $1.3 billion. 

Operating administration: Federal Highway Administration (FHWA): $27.5 
billion (57.2%); 
Program: Highway infrastructure investment[B]: $27.5 billion. 

Source: GAO analysis of DOT data. 

[A] TCAP includes nonurban and urban formula funds, tribal grants, 
funds transferred from FHWA, and Transit Investment for Greenhouse Gas 
and Energy Reduction grants. 

[B] Of the $27.5 billion the Recovery Act made available to FHWA, FHWA 
apportioned $26.6 billion to states for highway infrastructure 
investment and $105 million for the Puerto Rico highway program. Of 
the remaining funds, $550 million was allocated to Federal Lands and 
Indian Reservations, $20 million for Highway Surface Transportation 
Technical Training, $45 million for the Territorial Highway Program, 
and $60 million for the Ferry Boat Discretionary Program, among others. 

[End of figure] 

DOT administered most Recovery Act funds through existing 
transportation programs. For example, highway funds were distributed 
under rules governing the Federal-Aid Highway Program generally and 
the Surface Transportation Program in particular.[Footnote 7] DOT also 
established new grant processes to award high speed intercity 
passenger rail and TIGER grants. For these programs, DOT published 
selection criteria, solicited and reviewed applications, and awarded 
grants to applicants that it judged best met the criteria and complied 
with legislative and regulatory requirements. 

The Recovery Act included obligation deadlines to indicate the 
temporary nature of the funds and to facilitate their timely use. 
Therefore, the Recovery Act identified short deadlines for obligating 
most transportation funds, and it required that preference be given to 
projects that could be started and completed expeditiously. For 
example, highway and transit funds were to be fully obligated by 
September 30, 2010. All TIGER funds must be obligated by September 30, 
2011, and all high speed intercity passenger rail funds must be 
obligated by September 30, 2012. 

The Recovery Act also introduced new requirements for existing 
programs to help ensure that funds add to states' and localities' 
overall economic activity, and are targeted to areas of greatest need. 
For example, the Recovery Act required governors of each state to 
certify that their state will maintain its planned level of spending 
for the types of transportation projects funded by the act and also 
required states to give priority to projects in economically 
distressed areas.[Footnote 8] 

State and local agencies, contractors, and others that receive 
Recovery Act funding are required to submit quarterly reports on the 
number of jobs created or retained, among other data. These job 
calculations are based on the number of hours worked in a quarter and 
funded under the Recovery Act--expressed in full-time equivalents 
(FTE)--but they do not account for the total employment arising from 
the expenditure of Recovery Act transportation funds. That is, the 
data recipients report do not include employment at suppliers 
(indirect jobs) or in the local community (induced jobs).[Footnote 9] 

Most Recovery Act Transportation Funds Have Been Obligated, and 
Expenditures for Infrastructure Continue to Increase: 

According to DOT data, as of March 31, 2011, DOT had obligated more 
than $45 billion (about 95 percent) on over 15,000 projects and had 
expended more than $26 billion (about 59 percent) of the $48.1 billion 
it received under the Recovery Act (see table 1).[Footnote 10] 

Table 1: Recovery Act Transportation Projects, Obligations, and 
Expenditures, as of March 31, 2011: 

Federal Highway Administration: 

Program: Highway infrastructure investment[A]; 
Number of projects: Awarded: 12,931; 
Number of projects: Completed: 7,072; 
Obligations: Amount: $26.342 billion; 
Obligations: Percent obligated: 99.9%; 
Expenditures: Amount: $18.661 billion; 
Expenditures: Percent expended: 70.8%. 

Federal Railroad Administration: 

Program: High speed intercity passenger rail; 
Number of projects: Awarded: 57; 
Number of projects: Completed: 0; 
Obligations: Amount: $5.354 billion; 
Obligations: Percent obligated: 67.1%; 
Expenditures: Amount: $94 million; 
Expenditures: Percent expended: 1.8%. 

Program: Capital grants to Amtrak; 
Number of projects: Awarded: 154; 
Number of projects: Completed: 89; 
Obligations: Amount: $1.291 billion; 
Obligations: Percent obligated: 100.0%; 
Expenditures: Amount: $1.180 billion; 
Expenditures: Percent expended: 91.4%. 

Federal Transit Administration: 

Program: Transit capital assistance program (TCAP); 
Number of projects: Awarded: 1,010; 
Number of projects: Completed: 146; 
Obligations: Amount: $7.829 billion; 
Obligations: Percent obligated: 100.0%; 
Expenditures: Amount: $4.265 billion; 
Expenditures: Percent expended: 58.5%. 

Program: Fixed guideway infrastructure; 
Number of projects: Awarded: 51; 
Number of projects: Completed: 23; 
Obligations: Amount: $743 million; 
Obligations: Percent obligated: 100.0%; 
Expenditures: Amount: $441 million; 
Expenditures: Percent expended: 59.4%. 

Program: Capital investment grants; 
Number of projects: Awarded: 11; 
Number of projects: Completed: 11; 
Obligations: Amount: $743 million; 
Obligations: Percent obligated: 100.0%; 
Expenditures: Amount: $743 million; 
Expenditures: Percent expended: 100.0%. 

Office of the Secretary of Transportation: 

Program: TIGER grants; 
Number of projects: Awarded: 51; 
Number of projects: Completed: 0; 
Obligations: Amount: $1.489 billion; 
Obligations: Percent obligated: 99.3%; 
Expenditures: Amount: $77 million; 
Expenditures: Percent expended: 5.2%. 

Federal Aviation Administration: 

Program: Grants-in-aid for airports; 
Number of projects: Awarded: 372; 
Number of projects: Completed: 364; 
Obligations: Amount: $1.088 billion; 
Obligations: Percent obligated: 99.1%; 
Expenditures: Amount: $1.043 billion; 
Expenditures: Percent expended: 95.9%. 

Program: FAA facilities and equipment; 
Number of projects: Awarded: 399; 
Number of projects: Completed: 378; 
Obligations: Amount: $198 million; 
Obligations: Percent obligated: 99.0%; 
Expenditures: Amount: $130 million; 
Expenditures: Percent expended: 65.7%. 

Maritime Administration: 

Program: Assistance to small shipyards; 
Number of projects: Awarded: 70; 
Number of projects: Completed: 30; 
Obligations: Amount: $98 million; 
Obligations: Percent obligated: 100.0%; 
Expenditures: Amount: $76 million; 
Expenditures: Percent expended: 77.6%. 

Total: 
Number of projects: Awarded: 15,106; 
Number of projects: Completed: 8,113; 
Obligations: Amount: $45.175 billion; 
Obligations: Percent obligated: 95.5%; 
Expenditures: Amount: $26.710 billion; 
Expenditures: Percent expended: 59.1%. 

Source: GAO analysis of DOT data. 

Notes: For information on total federal outlays for all programs 
administered by states and localities under the Recovery Act, see 
[hyperlink, http://gao.gov/recovery]. 

The percentage obligated is not based on the total Recovery Act funds 
each agency received but on the amount agencies allotted for 
distribution to projects. In most cases, this amount was less than the 
total amount of Recovery Act funds the agency received. 

[A] Includes Puerto Rico and the other territories but not federal 
lands projects. 

[End of table] 

States and other recipients continue to report using Recovery Act 
funds to improve the condition of the nation's transportation 
infrastructure, as well as invest in new infrastructure. For example, 
according to DOT data, highway funds have been primarily used for 
pavement improvement projects, such as resurfacing, reconstruction, 
and rehabilitation of existing roadways, and public transit funds have 
been used primarily for upgrading transit facilities and purchasing 
new vehicles (see figure 2). 

Figure 2: Highway and Transit Obligations, by Project Type: 

[Refer to PDF for image: 2 pie-charts] 

Highway obligations ($26.2 billion): 
Pavement improvement: reconstruction/rehabilitation ($7.1 billion): 
27%; 
Pavement improvement: resurface ($6.1 billion): 23%; 
Pavement widening ($4.7 billion): 18%; 
Other ($3.3 billion): 13%; 
New construction ($1.8 billion): 7%; 
Bridge replacement ($1.4 billion): 5%; 
Bridge improvement ($1.2 billion): 5%; 
New bridge construction ($0.5 billion): 2%. 

Transit obligations ($8.8 billion): 
Transit infrastructure ($4.5 billion): 51%; 
Vehicle purchases and rehabilitation ($2.0 billion): 23%; 
Other capital expenses ($1.0 billion): 11%; 
Preventive maintenance ($0.8 billion): 9%; 
Rail car purchases and rehabilitation ($0.3 billion): 4%; 
Operating assistance ($0.2 billion): 2%. 

Source: GAO analysis of DOT data. 

Notes: Percentages may not add to 100 because of rounding. 

Transit obligations include Recovery Act funds that were transferred 
from FHWA to FTA. The category "other" includes safety projects, such 
as improving safety at railroad grade crossings; engineering; right-of-
way purchases; and transportation enhancement projects, such as 
pedestrian and bicycle facilities. "Transit infrastructure" includes 
engineering and design, acquisition, construction, and rehabilitation 
and renovation activities. "Other capital expenses" includes leases, 
training, finance costs, mobility management project administration, 
and other capital programs. 

Highway data are as of December 31, 2010, and transit data are as 
September 30, 2010. 

[End of figure] 

Recovery Act funding for aviation is reported to have gone to 
rehabilitating and reconstructing airfield runways and taxiways, as 
well as air navigation infrastructure such as air traffic control 
towers, engine generators, back-up batteries, and circuit breakers. 
The Recovery Act grant provided to Amtrak has been used to make 
infrastructure improvements and return cars and locomotives to 
service. Because high speed intercity passenger rail and TIGER were 
new grant programs, the Recovery Act allowed additional time for DOT 
to develop criteria, publish notices of funding availability for each 
program, and award grants. As a result, projects selected for high 
speed intercity passenger rail and TIGER were announced about a year 
after enactment, and DOT has been making progress obligating Recovery 
Act funds for these programs. For example, DOT selected one intercity 
passenger rail project to rehabilitate track and provide service from 
Portland to Brunswick, Maine, at speeds up to 70 miles per hour. 
Another project was selected to initiate the first part of 
California's high speed rail system, which envisions service at more 
than 200 miles per hour between Los Angeles, San Francisco and the 
Central Valley, and eventually, San Diego. DOT's TIGER grants funded 
projects across different surface transportation modes, including 
highways, transit, rail, and ports. For example, the California Green 
Trade Corridor/Marine Highway project is a collaborative effort of 
three regional ports in California to develop and use a marine highway 
system as an alternative to existing truck and rail infrastructure for 
transporting consumer goods and agricultural products. 

According to DOT, a variety of Recovery Act projects have been 
completed. Approximately 68 percent of the completed highway projects 
involve pavement improvement, according to FHWA, and completed transit 
projects generally included preventative maintenance activities and 
some vehicle purchases and facility construction, according to FTA. 
Amtrak had also completed a variety of projects, including 
construction station upgrades, right-of-way improvements, installing 
communications and signaling systems, and replacing aging bridges, 
among other things. While no high speed intercity passenger rail 
projects had been completed as of March 31, 2011, 15 projects were 
under way, according to FRA. These projects, which represent more than 
two-thirds of the allotted funding, include track and signaling work 
to improve reliability and increase operating speeds, improvements to 
stations, and the environmental analysis and preliminary engineering 
required to advance projects to construction. 

The Recovery Act Helped Fund Transportation Jobs, but Long-Term 
Benefits Are Unclear: 

Recovery Act funds helped pay for jobs across various transportation 
modes. At a time when the construction industry was experiencing 
historically high unemployment and many states could not afford to 
maintain existing infrastructure, transportation officials we met with 
told us that the Recovery Act helped to keep the transportation 
industry in operation while allowing states to tackle some of their 
infrastructure maintenance priorities. According to the most recent 
recipient reported data, Recovery Act transportation projects 
supported about 50,000 FTEs from October 2010 through December 2010. 
[Footnote 11] Transportation recipients reported the highest FTE 
counts during the quarter that ended September 2010, when many 
projects were under way (see figure 3). 

Figure 3: FTEs Reported by Recovery Act Transportation Program 
Recipients for Quarters Ending December 2009 through December 2010: 

[Refer to PDF for image: stacked vertical bar graph] 

Reporting quarter end date: 12/31/2009; 
Highways: 25,845; 
Transit: 9,910; 
Other: 3,715. 

Reporting quarter end date: 3/31/2010; 
Highways: 16,596; 
Transit: 12,944; 
Other: 3,290. 

Reporting quarter end date: 6/30/2010; 
Highways: 41,262; 
Transit: 14,1265; 
Other: 4,887. 

Reporting quarter end date: 9/30/2010; 
Highways: 46,363; 
Transit: 12,390; 
Other: 6,354. 

Reporting quarter end date: 12/31/2010; 
Highways: 31,869; 
Transit: 11,580; 
Other: 4,869. 

Source: GAO analysis of recipient reported data from Recovery.gov. 

Note: "Highways" includes FHWA projects funded for highway planning 
and construction. "Transit" includes FTA projects funded with capital 
investment grants, metropolitan transportation planning grants, 
formula grants (including grants for other than urbanized areas), and 
the capital assistance program for reducing energy consumption and 
greenhouse gas emissions. "Other" includes projects funded by FAA's 
Airport Improvement Program; FRA's Amtrak grant and high speed 
intercity passenger rail program; Maritime Administration's Assistance 
to Small Shipyards Program; and the Office of the Secretary of 
Transportation's Bonding Assistance Program and TIGER grants. 

[End of figure] 

For the most recent reporting quarter, highway projects accounted for 
approximately two-thirds of the transportation FTEs reported, and the 
remaining one-third of FTEs were attributed to transit and all other 
transportation projects. The relatively low portion of FTEs reported 
for all other transportation projects is expected to rise in future 
reporting quarters as more high speed intercity passenger rail and 
TIGER program funds are obligated and projects get under way. 

While FTEs reported for the high speed intercity passenger rail and 
TIGER programs are expected to increase as these projects get under 
way, other program areas have reported fewer FTEs in the most recent 
reporting quarter. Recipient reported data for the quarter ending 
December 31, 2010, showed fewer recipients reporting than in the 
previous quarter across all program areas (highways, transit, and 
other). This may indicate that more projects were completed in the 
quarter ending December 31, 2010, than were started. Also in that 
quarter, the percentage of recipients that reported any FTEs decreased 
compared to the previous quarter, which may indicate that some 
projects are essentially completed but not closed out financially or 
may reflect interruptions in work due to winter weather for some 
projects in colder climates. 

Although recipients reported jobs funded, other long-term impacts of 
Recovery Act investments in transportation are unknown at this point. 
Transportation officials in several states we visited told us that 
Recovery Act funds helped reduce backlogs of "shovel-ready" 
resurfacing projects. Some states have efforts under way to report on 
Recovery Act benefits, but federal and state officials told us that 
attributing transportation benefits to Recovery Act funds can be 
difficult, particularly when projects are funded from multiple sources 
or when historic performance data is not available for particular 
projects. 

We recommended that DOT ensure that the results of Recovery Act 
projects are assessed and a determination is made about whether these 
investments produced long-term benefits.[Footnote 12] Specifically, in 
the near term, we recommended that FHWA and FTA determine the types of 
data and performance measures needed to assess the impact of the 
Recovery Act and the specific authority they may need to collect data 
and report on these measures. DOT officials told us that they expect 
to be able to report on Recovery Act outputs, such as miles of roads 
paved, bridges built or repaired, and transit vehicles purchased, 
which will help to assess the act's impact. DOT will not be able to 
report on outcomes, such as reductions in travel time. DOT has not 
committed to assessing the long-term benefits of Recovery Act 
investments in transportation. DOT stated that limitations in its data 
systems, coupled with the fact that Recovery Act funds represented 
only about one year of additional funding for some transportation 
programs, would make assessing the benefits of Recovery Act projects 
difficult. We continue to believe, however, that it is important for 
organizations to measure performance to understand the progress they 
are making toward their goals and to produce a set of performance 
measures that demonstrates results. 

For Recovery Act high speed intercity passenger rail and TIGER grant 
programs, DOT has set broad performance goals and required recipients 
to identify potential project benefits. Specifically, FRA has outlined 
goals for developing high speed intercity passenger rail service in 
its strategic plan and national rail plan and evaluated grant 
proposals based on the potential project benefits they intended in 
their applications.[Footnote 13] However, the identified goals are 
broad--such as providing for transportation safety and economic 
competitiveness--and do not contain specific targets necessary to 
determine how or when FRA will realize intended benefits. DOT also 
incorporated performance measures tailored to each TIGER grant awardee 
based on the project design and the capacity of the recipient to 
collect and evaluate data. DOT is evaluating the best methods for 
measuring objectives and collecting data and is working 
collaboratively with applicants to weigh options for measuring 
performance. As many TIGER projects are just being initiated, the 
effectiveness of these measures will not be clear for some time. 

Recovery Act Requirements Proved Challenging for DOT and Some States, 
Leading to Several Lessons Learned: 

Federal, state, and local transportation officials we contacted 
reported that while Recovery Act transportation funds provided many 
positive outcomes, they also provided lessons learned that may be 
relevant as Congress considers the next surface transportation 
reauthorization. In addition, our reports on high speed intercity 
passenger rail and the TIGER grant program identified a number of 
challenges and key lessons learned. 

Maintenance of Effort and Economically Distressed Area Requirements 
Proved Challenging: 

Certain Recovery Act provisions not typically required under existing 
DOT programs proved challenging for some states to meet. We found that 
it may have been difficult for states to meet these requirements for a 
number of reasons, including rapidly changing state economic 
conditions. Confusion among the states as to how to interpret and 
apply the new requirements was also a contributing factor. 

* Maintenance of effort. We have reported that there were numerous 
challenges for DOT and states in implementing the transportation 
maintenance-of-effort provision in the Recovery Act. This provision 
required the governor of each state to certify that the state would 
maintain its planned level of transportation spending from February 
17, 2009, through September 30, 2010, to help ensure that federal 
funds would be used in addition to, rather than in place of, state 
funds and thus increase overall spending. A January 2011 preliminary 
DOT report indicated that 29 states met their planned levels of 
expenditure, and 21 states did not. States had a monetary incentive to 
meet their certified planned level of spending in each transportation 
program area funded by the Recovery Act because those that fail will 
not be eligible to participate in the August 2011 redistribution of 
obligation authority under the Federal-Aid Highway Program.[Footnote 
14] States had until April 15, 2011, to verify their actual 
expenditures for transportation programs covered by the Recovery Act. 
DOT is reviewing this information to determine if any more states met 
their planned levels of spending. 

The DOT preliminary report summarized reasons states did not meet 
their certified planned spending levels, such as experiencing a 
reduction in dedicated revenues for transportation due to a decline in 
state revenues or a lower-than-expected level of approved 
transportation funding in the state budget.[Footnote 15] The 
preliminary report also identified a number of challenges DOT 
encountered in implementing the provision, such as insufficient 
statutory definitions of what constitutes "state funding" or how well 
DOT guidance on calculating planned expenditures would work in the 
many different contexts in which it would have to operate. As a 
result, many problems came to light only after DOT had issued initial 
guidance and states had submitted their first certifications. DOT 
issued seven pieces of guidance to clarify how states were to 
calculate their planned or actual expenditures for their maintenance-
of-effort certifications. 

DOT invested a significant amount of time and work to ensure 
consistency across states on how compliance with the maintenance-of- 
effort provision is certified and reported. As a result, DOT is well- 
positioned to understand lessons learned--what worked, what did not, 
and what could be improved in the future. DOT and state officials told 
us that while the maintenance-of-effort requirement can be useful for 
ensuring continued investment in transportation, more flexibility to 
allow for differences in states and programs, and to allow adjustments 
for unexpected changes to states' economic conditions, should be 
considered for future provisions. For example, the Recovery Act allows 
the Secretary of Education to waive state maintenance-of-effort 
requirements under certain circumstances and allows states to choose 
the basis they use to measure maintenance of effort.[Footnote 16] The 
maintenance-of-effort requirement for transportation programs proved 
difficult for states to apply across various transportation programs 
because of different and complicated revenue sources to fund the 
programs. Many states did not have an existing means to identify 
planned transportation expenditures for a specific period and their 
financial and accounting systems did not capture that data. Therefore, 
according to DOT, a more narrowly focused requirement applying only to 
programs administered by state DOTs or to programs that typically 
receive state funding could help address maintenance-of-effort 
challenges. 

* Consideration of economically distressed areas. Our previous reports 
have identified challenges DOT faced in implementing the Recovery Act 
requirement that states give priority to highway projects located in 
economically distressed areas. For example, while an economically 
distressed area is statutorily defined, we found that there was 
substantial variation in how some states identified economically 
distressed areas and the extent to which some states prioritized 
projects in those areas. We reported instances of states developing 
their own eligibility requirements for economically distressed areas 
using data or criteria not specified in the Public Works and Economic 
Development Act.[Footnote 17] Three states--Arizona, California, and 
Illinois--developed their own eligibility requirements or interpreted 
the special-needs criterion in a way that overstated the number of 
eligible counties, and thus the amount of funds, directed to 
economically distressed areas.[Footnote 18] Officials in these three 
states told us that they did so to respond to rapidly changing 
economic conditions. In May 2010, we recommended that DOT advise 
states to correct their reporting on economically distressed area 
designations, and in July 2010 FHWA instructed its division offices to 
advise states with identified errors to revise their economically 
distressed area designations. In September 2010, we recommended that 
DOT make these data publicly available to ensure that Congress and the 
public have accurate information on the extent to which Recovery Act 
funds were directed to areas most severely affected by the recession 
and the extent to which states prioritized these areas in selecting 
projects for funding. DOT recently posted an accounting of the extent 
to which states directed Recovery Act transportation funds to projects 
located in economically distressed areas on its website, and we are in 
the process of assessing these data. 

Most states we visited as part of our ongoing Recovery Act oversight 
considered the requirement to prioritize projects in economically 
distressed areas in addition to other immediate and long-term 
transportation goals, as the Recovery Act required. For example, 
officials in Washington state said that they considered federally- 
recognized economically distressed areas as one of several criteria 
when selecting projects. Other criteria included state economic data 
and projects that would be ready to proceed in a short amount of time. 
However, state officials were also uncertain what the economically 
distressed area requirement was intended to accomplish, such as 
whether it was intended to provide jobs to people living in those 
areas or to deliver new infrastructure to those areas. The 
economically distressed area provision proved difficult to implement 
because of changing economic conditions, and it is unclear that it 
achieved its intended goal. 

Better Documentation Could Reduce Challenges to the Integrity of 
Selection Decisions for High Speed Intercity Passenger Rail and TIGER 
Grant Programs: 

We have reported that allocating federal funding for surface 
transportation based on performance in general, and directing some 
portion of federal funds on a competitive basis to projects of 
national or regional significance in particular, can more effectively 
address certain challenges facing the nation's surface transportation 
programs. In our recent reports on the high speed intercity passenger 
rail and TIGER programs, we found that while DOT generally followed 
recommended grantmaking practices, DOT could have documented more 
information about its award decisions. 

The Recovery Act and the Passenger Rail Investment and Improvement Act 
of 2008 required FRA to implement a plan to award and oversee billions 
of dollars for high speed intercity passenger rail grants. This was 
challenging for FRA as it did not have a large-scale grantmaking 
infrastructure in place and had to develop that capability within a 
short time frame to meet Recovery Act goals. We mostly found that FRA 
substantially followed recommended practices for awarding these 
grants, including communicating key information to applicants and 
planning for the grant competition.[Footnote 19] However, one area in 
which FRA could have done better is to develop clearer records for how 
it made final grant award decisions. Specifically, while FRA 
maintained detailed records on how officials evaluated applications on 
technical merit, the documented reasons for making final grant 
selections were typically vague and provided little insight into why 
projects were or were not selected. In addition, FRA provided only 
general reasons for adjusting applicants' requested funding amounts. 
We recommended that FRA should better document the rationales for 
award decisions in any future high speed and intercity passenger rail 
funding rounds by including substantive reasons why individual 
projects are or are not selected and for any changes made to requested 
funding amounts. Without a clear record of selection decisions, FRA is 
vulnerable to criticism about the integrity of its decisions. This is 
important because FRA has already been criticized for its award 
decisions and for providing incremental improvements to existing 
systems rather than providing more funds to meet the administration's 
expectations of developing a true national high speed rail intercity 
passenger network. 

To evaluate the more than 1,450 TIGER grant applications it received, 
DOT developed criteria to assess the merits of these projects. We 
evaluated these criteria and concluded that DOT had followed key 
federal guidance and standards. The criteria clearly indicated that 
projects should produce long-term benefits, such as improving the 
state of repair of existing transportation infrastructure, reducing 
fatalities and injuries, and improving the efficient movement of 
workers or goods. To apply its criteria, DOT used 10 Evaluation Teams 
of five reviewers to conduct a technical review of all applications. 
The evaluators drafted narratives explaining their assessments, 
assigned ratings such as "highly recommended" and "recommended," and 
advanced those that best met the criteria for further review. A 
Control and Calibration Team, made up of senior staff from the Office 
of the Secretary of Transportation, also selectively reviewed and 
advanced applications throughout the process to ensure consistency 
across Evaluation Teams' ratings and to help meet statutory 
requirements such as an equitable distribution of funds. The 
Evaluation Teams advanced 115 highly recommended applications. The 
Control and Calibration Team advanced an additional 50 recommended 
applications as well as 1 application that was not recommended. 
Together, the teams advanced 166 applications for further review. The 
TIGER Review Team--composed of 12 senior DOT officials, such as the 
Deputy Secretary and cognizant operating administrators--reviewed 
those 166 applications. This team--which considered a broader set of 
factors than the Evaluation Teams, including project readiness and 
whether expected project benefits outweighed costs--developed a final 
list of 51 projects that it recommended to the Secretary of 
Transportation for award. All 51 projects were accepted by the 
Secretary, and the awards were announced on February 17, 2010. 

Of the 51 applications that received awards, 26 were from the highly 
recommended applications advanced by the Evaluation Teams and the 
other 25, which received one-third of the TIGER funds, were from the 
recommended applications advanced by the Control and Calibration Team 
(see figure 4). 

Figure 4: Number of TIGER Applications Advanced and Selected: 

[Refer to PDF for image: illustration] 

Over 1,450 applications received, requesting almost $60 billion: 

The Evaluation Teams advanced 115 highly recommended applications 
requesting $7.7 billion. 

The Control and Calibration Team advanced 50 recommended applications 
and 1 not recommended application requesting $3.7 billion. 

Review Team: 
Advanced by the Evaluation Team: 26 awardees received about $950 
million; 
Advanced by the Control and Calibration Team: 25 awardees received 
about $549 million; 
In total, 51 awardees received about $1.5 billion in TIGER funds. 

Source: GAO analysis of DOT information. 

[End of figure] 

While DOT thoroughly documented the Evaluation Teams' assessments and 
the Review Team's memorandum recommending projects to the Secretary of 
Transportation for award described the strengths of projects 
recommended for award, it did not document the Review Team's final 
decisions and its rationale for selecting recommended projects for 
half the awards over highly recommended ones. DOT officials told us 
that some highly recommended projects were not selected to achieve a 
more equitable geographic distribution of award funds, as required by 
the Recovery Act. Furthermore, our discussions with DOT officials 
indicated that the Review Team raised some valid concerns about some 
highly recommended projects, such as whether a project's economic 
benefits were overstated. However, without adequate documentation of 
final decisions, DOT cannot definitively demonstrate the basis for its 
award selections, particularly the reasons why recommended projects 
were selected for half the awards over highly recommended ones. 
Developing internal documentation is a key part of accountability for 
decisions, and DOT guidance states that officials should explain how 
discretionary grant projects were selected when projects with the 
highest priority in a technical review were not funded. The absence of 
documentation can give rise to challenges to the integrity of the 
decisions made, and DOT is vulnerable to criticism that projects were 
selected for reasons other than merit. We recommended that DOT 
document key decisions for all major steps in the review of 
applications, particularly decisions in which lower-rated applications 
are selected for award over higher-rated applications, and, in 
consultation with Congress, develop and implement a strategy to 
disclose information regarding award decisions.[Footnote 20] 

Both the high speed intercity passenger rail and TIGER programs 
represent important steps toward investing in projects of regional and 
national significance through a merit-based, competitive process. We 
noted a natural tension between providing funding based on merit and 
performance and providing funds on a formula basis to achieve equity 
among the states as the formula approach can potentially result in 
projects of national or regional significance that cross state lines 
and involve more than one transportation mode not competing well at 
the state level for funds. Given that the Recovery Act was intended to 
create and preserve jobs and promote economic recovery nationwide, 
Congress believed it important that TIGER grant funding be 
geographically dispersed. As we noted in our recent report discussing 
the TIGER grant program, when Congress considers future DOT 
discretionary grant programs, it may wish to consider balancing the 
goals of merit-based project selection with geographic distribution of 
funds and limit, as appropriate, the influence of geographic 
considerations. 

Chairman Mica, Ranking Member Rahall, and Members of the Committee, 
this concludes my statement. I would be pleased to respond to any 
questions at this time. 

GAO Contact and Staff Acknowledgments: 

For further information regarding this statement, please contact 
Phillip R. Herr at (202) 512-2834 or herrp@gao.gov or Susan A. Fleming 
at (202) 512-2834 or flemings@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this statement. Individuals making key contributions to this 
testimony were Steve Cohen, Assistant Director; Heather MacLeod, 
Assistant Director; James Ratzenberger, Assistant Director; Jonathan 
Carver; Matt Cook; John Healey; Joah Iannotta; Bert Japikse; Delwen 
Jones; SaraAnn Moessbauer; Josh Ormond; and Pamela Vines. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 111-5, 123 Stat. 115 (Feb. 17, 2009). 

[2] Recovery Act, div. A, title XII, 123 Stat., 202. 

[3] See GAO, Recovery Act: Opportunities to Improve Management and 
Strengthen Accountability over States' and Localities' Use of Funds, 
[hyperlink, http://www.gao.gov/products/GAO-10-999] (Washington, D.C.: 
Sept. 20, 2010) and Recovery Act: States' and Localities' Uses of 
Funds and Actions Needed to Address Implementation Challenges and 
Bolster Accountability, [hyperlink, 
http://www.gao.gov/products/GAO-10-604] (Washington, D.C.: May 26, 
2010). Additional reports on Recovery Act implementation can be found 
at [hyperlink, http://gao.gov/recovery/related-products/]. 

[4] The high speed intercity passenger rail and TIGER grant programs 
are discretionary grant programs. Traditionally, federal surface 
transportation funding has been primarily delivered through formula 
grant programs based on distributions prescribed by federal statute. 
In a discretionary grant program, agency officials generally have the 
authority to determine which eligible applicants will receive awards 
and how much each will be awarded. 

[5] GAO, Intercity Passenger Rail: Recording Clearer Reasons for 
Awards Decisions Would Improve Otherwise Good Grantmaking Practices, 
[hyperlink, http://www.gao.gov/products/GAO-11-283] (Washington D.C.: 
Mar. 10, 2011) and Surface Transportation: Competitive Grant Programs 
Could Benefit From Increased Performance Focus and Better 
Documentation of Key Decisions, [hyperlink, 
http://www.gao.gov/products/GAO-11-234] (Washington, D.C.: Mar. 30, 
2011). 

[6] The total amount of Recovery Act funds allocated to each program 
does not equal the total funds distributed. Most operating 
administrations, as allowed by the Recovery Act, retained a small 
percentage of the funds for oversight and administrative costs, and 
some fund allocations included set asides for other programs or 
activities. The Recovery Act also provided $20 million for salaries 
and expenses at the DOT Office of Inspector General to monitor DOT's 
Recovery Act programs. 

[7] The majority of federal-aid highway infrastructure funding is 
distributed through seven major projects, often referred to as core 
highway programs. These programs are the Surface Transportation 
Program, National Highway System Program, Interstate Maintenance 
Program, Highway Bridge Program, Highway Safety Improvement Program, 
Congestion Mitigation and Air Quality Improvement Program, and the 
Equity Bonus Program. 

[8] Economically distressed areas are defined by the Public Works and 
Economic Development Act of 1965, as amended. To qualify, the areas 
must have (1) a per capita income of 80 percent or less of the 
national average, (2) a 24-month average unemployment rate that is 1 
percent greater than the national average, or (3) "special needs" 
arising from actual or threatened severe unemployment or economic 
adjustment programs resulting from severe short-or long-term changes 
in economic conditions. 

[9] Therefore, both the data reported by recipients and other 
macroeconomic data and methods are necessary to gauge the overall 
employment effects of the stimulus. The employment effects in any 
state will vary with labor market stress and fiscal condition. 

[10] Programs administered by DOT and funded by the Recovery Act 
typically required DOT review and approval of proposed projects 
submitted by the states or other applicants, resulting in an 
obligation of federal funds. (An obligation is a commitment that 
creates a legal liability of the government for the payment of goods 
or services ordered or received.) States or other recipients then 
solicit for and select contractors to perform the work. Federal funds 
are expended when the state or other intended recipient submits 
invoices for completed work. 

[11] Recipient reported data for January 2011 through March 2011 was 
expected to be published on Recovery.gov on April 30, 2011. 

[12] GAO, Recovery Act: States' and Localities Uses of Funds and 
Actions Needed to Address Implementation Challenges to Bolster 
Accountability, [hyperlink, http://www.gao.gov/products/GAO-10-604] 
(Washington, D.C.: May 26, 2010). 

[13] Department of Transportation, Vision for High-Speed Rail in 
America (Washington, D.C., April 2009); FRA, Preliminary National Rail 
Plan (Washington, D.C., October 2009); and FRA, National Rail Plan- 
Moving Forward: A Progress Report (Washington, D.C., September 2010). 

[14] As part of the Federal-Aid Highway Program, FHWA assesses the 
ability of each state to have its apportioned funds obligated by the 
end of the federal fiscal year (September 30) and adjusts the 
limitation on obligations for federal-aid highway and highway safety 
construction programs by reducing it for some states while increasing 
it for others. 

[15] As of February 17, 2009, many states did not yet have an enacted 
budget for fiscal year 2010 and in response to anticipated changes in 
available funding, state legislatures adopted reduced budgets. 

[16] See GAO, Recovery Act: Planned Efforts and Challenges in 
Evaluating Compliance with Maintenance of Effort and Similar 
Provisions, [hyperlink, http://www.gao.gov/products/GAO-10-247] 
(Washington, D.C.: Nov. 30, 2009). 

[17] In response to a recommendation we made, FHWA, in consultation 
with the Department of Commerce, issued guidance on August 24, 2009, 
that provided criteria for states to use for designating special-need 
areas for the purpose of Recovery Act funding. The criteria align 
closely with special-need criteria used by the Department of 
Commerce's Economic Development Administration in its own grant 
programs, including factors such as actual or threatened business 
closures (including job loss thresholds), military base closures, and 
natural disasters or emergencies. FHWA issued "questions and answers" 
on Nov. 12, 2009, to further address implementation questions. 

[18] As part of our Recovery Act oversight, we tracked the uses and 
accountability for Recovery Act funds in 16 states, including Arizona, 
California, and Illinois, and the District of Columbia. 

[19] [hyperlink, http://www.gao.gov/products/GAO-11-283]. 

[20] [hyperlink, http://www.gao.gov/products/GAO-11-234]. 

[End of section] 

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