Why It Matters
The National Highway Traffic Safety Administration (NHTSA) has chronically delayed issuing congressionally mandated safety and fuel economy rules, a pattern documented in recent a Congressional Research Service report. At stake is NHTSA's core mission: setting vehicle safety standards and fuel economy requirements.
The Trump administration's fiscal year 2026 budget request included a 6.8 percent decrease in NHTSA funding, and the final appropriations act provided $23 million less than even that reduced request.
The Big Picture
NHTSA's backlog reveals a systemic problem. Between 2012 and 2015, Congress ordered the agency to issue 22 rules. By 2022, only six had been completed, and all six exceeded their statutory deadlines. As of the most current publicly available official count in December 2024, the agency had 19 rules still pending, all part of a widening gap between congressional mandates and agency capacity.
In NHTSA's most recent report to Congress, the agency had completed 38 of 57 congressionally mandated rules stemming from surface transportation reauthorization acts signed into law in 2012, 2015, and 2021. The most recent reauthorization, the Bipartisan Infrastructure Law, imposed 11 additional rulemaking mandates on the agency.
NHTSA had a peak of 790 employees in 2024 but had dropped to 554 active employees as of January. At several hearings in the 119th Congress, some members stated that the agency's current resource levels impede its ability to issue rulemakings in a timely manner.
The agency's rulemaking process is complex, involving advance notices of proposed rulemaking, notices of proposed rulemaking, public comment periods, and issuance of final rules, all subject to the Administrative Procedure Act. NHTSA has signaled its intention to explore negotiated rulemaking as an alternative approach.
The FY2025 budget reconciliation law (P.L. 119-21) reduced civil penalties for violating Corporate Average Fuel Economy (CAFE) standards to $0. NHTSA has proposed a rule to remove electric vehicles from CAFE calculations and credit trading.
The Bottom Line
Congress may consider changing funding levels of the agency and reevaluating its authorities. An amended version of the Motor Vehicle Modernization Act of 2026 would require NHTSA to use recognized project schedule management practices in vehicle safety rulemakings, addressing a Government Accountability Office recommendation.
Congressional options include setting timelines on pending or new rules and exploring other laws such as the Regulatory Flexibility Act, the Congressional Review Act, and the Paperwork Reduction Act to evaluate whether they inhibit the agency's ability to issue rulemakings in a timely manner. Congress could also offer NHTSA some exemptions from laws such as the Paperwork Reduction Act.
Access the Legis1 platform for comprehensive political news, data, and insights.
Original Article LINK