Republican Senators Pushback on FHWA Guidance

Oppose Administration’s Push to Restrict New Highway Capacity

In a letter from Senate Republican Leader Mitch McConnell (R-Ky.) and Ranking Member of the Environment and Public Works Committee Shelley Moore Capito (R-W.Va.) to governors, the duo expressed disappointment about the recent Federal Highway Administration (FHWA) policy memo on the Infrastructure Investment and Jobs Act (IIJA), much like AGC did in its earlier feedback to FHWA on the guidance.

The lawmakers remind governors that “the law does not include provisions that restrict or discourage certain types of projects, including projects that add highway capacity.” In addition, a group of governors also expressed their concern with the same policy memo that FHWA put out. This topic has also gained traction with the Wall Street Journal who published an opinion piece and covered the letter from Senators McConnell and Capito.

In its comments on the matter, AGC reminded FHWA that the decision to remove existing eligibilities, like new capacity for single occupancy vehicles, from programs should be left to Congress – not FHWA. As always, we will continue to provide updates as they become available.

For more information, contact Alex Etchen at

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