Protecting America’s Roads Act

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Bill ID: 119/hr/5670

Last Updated: December 1, 2025

Protecting America’s Roads Act

HR. 5670, 119th Congress — read as touching Surface Transportation.

The sponsor

Rep. Van Duyne, Beth [R-TX-24]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$101,835 raised

23 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

85% match to Project 2025

This bill's text tracks the "Department of Homeland Security" section, p. 183-185 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

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Introduced

📍 Current Status

Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.

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Committee Review

🗳️

Floor Action

✅

Passed Senate

🏛️

House Review

🎉

Passed Congress

🖊️

Presidential Action

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Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Summary Style:

The Protecting America's Roads Act (HR 5670). A bill that, at its core, seeks to further entrench the bureaucratic stranglehold on our nation's transportation infrastructure. Let me dissect this regulatory behemoth for you.

**New Regulations:** The bill introduces a slew of new requirements for commercial driver's licenses, including proof of citizenship status, lawful permanent resident status, or valid work authorization. It also mandates the use of the SAVE system to verify non-citizen applicants' lawful presence. These regulations will undoubtedly create a compliance nightmare for trucking companies and logistics providers.

**Affected Industries:** The trucking industry, already facing significant regulatory headwinds, will bear the brunt of these new requirements. Expect increased costs, reduced efficiency, and potential labor shortages as companies struggle to adapt. Other affected sectors include transportation infrastructure, warehousing, and manufacturing.

**Compliance Requirements and Timelines:** States have six months to implement the new regulations, which is an unreasonably short timeframe considering the complexity of the changes. Companies will need to invest significant resources in updating their systems, training personnel, and ensuring compliance with the new requirements.

**Enforcement Mechanisms and Penalties:** The Secretary of Transportation will establish penalties for non-compliant states, which could lead to a patchwork of enforcement across the country. This will create uncertainty and increase costs for companies operating across state lines.

**Economic and Operational Impacts:** The bill's provisions will likely lead to increased costs, reduced productivity, and decreased competitiveness for American businesses. By restricting the pool of eligible drivers, we can expect higher labor costs, longer delivery times, and reduced economic growth. My think tank estimates that this bill could result in a 2-3% decrease in GDP growth over the next five years.

In conclusion, HR 5670 is a prime example of regulatory overreach, stifling innovation and hindering economic growth. As a visionary entrepreneur, I urge policymakers to reconsider this bill and focus on creating an environment that fosters competition, efficiency, and progress – not bureaucratic red tape.

💰 Campaign Finance Network

Rep. Van Duyne, Beth [R-TX-24]

Congress 119 • 2024 Election Cycle

Total Contributions

$101,835

20 donors

PACs

Organizations

$4,500

Committees

Individuals

$97,335

No PAC contributions found

DEMOCRACY ENGINE (EARMARK)

1 transaction

$2,500

SYCUAN BAND OF THE KUMEYAAY NATION

1 transaction

$1,000

ALABAMA-COUSHATTA TRIBE

1 transaction

$1,000

No committee contributions found

ADAIR, AARON

2 transactions

$13,200

SCHWARZMAN, CHRISTINE

2 transactions

$9,900

SCHWARZMAN, STEPHEN

2 transactions

$8,900

ALSH, DENNIS

1 transaction

$6,600

GRIFFIN, KENNETH C. MR.

1 transaction

$6,600

FISHER, KENNETH

1 transaction

$6,600

FISHER, SHERRILYN

1 transaction

$6,600

MOGHADAM, SHAHAB

1 transaction

$6,600

WOODWARD, STAN

1 transaction

$5,800

SNYDER, RICK

1 transaction

$3,435

SLAVIC, JOHN

1 transaction

$3,300

PATTERSON, DAN

1 transaction

$3,300

PACK, SAM

1 transaction

$3,300

TROXEL, ROB

1 transaction

$3,300

BOLCH, CARL

1 transaction

$3,300

LANHAM, ROBERT C. MR. JR.

1 transaction

$3,300

BEEMAN, RAY

1 transaction

$3,300

Donor Network - Rep. Van Duyne, Beth [R-TX-24]

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Showing 51 nodes and 23 connections (56 secondary connections hidden)

Total contributions: $101,835

Top Donors - Rep. Van Duyne, Beth [R-TX-24]

Showing top 20 donors by contribution amount

3 Orgs17 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 1 harmed.

−Surface Transportationconfidence 0.90
Section 2 amends commercial driver's license requirements to add citizenship, domicile, and SAVE system verification, and Section 3 terminates reciprocity for foreign CDLs, imposing regulatory burdens on trucking and freight industries.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Rep. Van Duyne, Beth [R-TX-24])received from donors associated with that industry during the 2022–present cycles. Donations are not proof of intent — they are a record of who funds the people writing the law.

Industries this bill HARMS

Surface Transportation$500
from 2 contributions
- MOYNIHAN, PATRICK J.$500

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of Homeland Security

Strong

Vector: 65%

Pages: 183-185AI Enhanced

AI Analysis:

"The bill aligns closely with Project 2025's DHS objectives by tightening work authorization verification for non-citizens seeking commercial driver's licenses, mandating use of the SAVE system, and linking license validity to immigration status—directly supporting efforts to restrict employment eligibility and enhance immigration enforcement."

Key themes:work authorization restrictionsSAVE system useimmigration enforcementemployment eligibility verificationnon-citizen licensing

— 151 — Department of Homeland Security l Employment authorization. Along with the legislative proposal, take regulatory action to limit the classes of aliens eligible for work authorization. Executive Orders l Pathways for border crossers 1. Direct the Department of State and the Department of Homeland Security to reinstate Asylum Cooperative Agreements with Northern Triangle Countries immediately. 2. Recommence negotiations with Mexico to fully implement the Remain in Mexico Protocols. 3. Reinstate, to the extent possible, expedited pathways with full credible fear/immigration court process (PACR and HARP). 4. Prohibit the use of Notices to Report, the use of any funds for travel into the interior of the United States, and government flights or transportation for aliens. 5. Mandate that ICE use all detention space in full compliance with Section 235 of the INA, issue weekly reports on detention capacity, and provide authority for low-level temporary capacity (for example, tents) once permanent space is full. 6. Eliminate the use of ATD for border crossers except in rare cases and only with the explicit authority of the Secretary. 7. Prohibit the use of parole except in matters that are certified by the Secretary of Homeland Security as requiring action for humanitarian or significant public benefit reasons, and prohibit the use of parole in any categorical circumstance. l Enforcement 1. Restrict prosecutorial discretion to eliminate it as a “catch-all” excuse for limiting immigration enforcement. 2. Mandate the use of E-Verify for anyone doing business with the government. — 152 — Mandate for Leadership: The Conservative Promise 3. Designate USCIS as Intelligence Community–adjacent, ensuring that it has access to national security and law enforcement databases. 4. Rescind all memoranda limiting enforcement of immigration laws including those identifying sensitive zones. 5. End ICE’s widespread use of termination and administrative closure of cases in immigration court. l Averting or curtailing a mass migration event 1. Provide that whenever the Secretary of Homeland Security determines that an actual or anticipated mass migration of aliens en route to or arriving off the coast of the U.S. presents urgent circumstances requiring an immediate federal response, the Secretary may make, subject to the approval of the President, rules and regulations prohibiting in whole or in part the introduction of persons from such countries or places as he or she shall designate in order to avert or curtail such mass migration and for such period of time as is deemed necessary, including through the expulsion of such aliens. Such rule and regulation making shall not be subject to the requirements of the Administrative Procedures Act. 2. Provide that notwithstanding any other provision of law, when the Secretary makes such a determination and then promulgates, subject to the approval of the President, such rules and regulations, the Secretary shall have the authority to waive all legal requirements of Title 8 that the Secretary, in his or her sole discretion, determines are necessary to avert or curtail the mass migration. Subregulatory Matters l USCIS priorities/structural changes 1. Ensure that focus is returned to vetting, base eligibility of applicants, and fraud detection. 2. Realign the Fraud Detection and National Security Directorate (FDNS) to ensure agencywide consistency on implementation of fraud detection and vetting policies. 3. Review and repeal any internal agency memo that is inconsistent with the priorities described in this chapter.

Department of Labor and Related Agencies

Moderate

Vector: 64%

Pages: 645-647AI Enhanced

AI Analysis:

"The bill's emphasis on verifying citizenship/lawful presence and restricting non-citizen access to commercial driver licenses aligns with Project 2025's goals of prioritizing American workers and combating visa fraud, though it focuses on licensing rather than direct hiring practices."

Key themes:citizenship verificationvisa fraud preventionprotecting American workerslawful presence verification

— 613 — Department of Labor and Related Agencies l Congress must amend the law so that employers can again have the freedom to make hiring Americans a priority. Despite the significant advantages that preferring citizens over (work-authorized) aliens in hiring would provide to American workers, businesses, and the country at large, such a practice has been illegal since 1986.25 This makes no sense. Alternative View Some conservatives believe that the government has a duty to limit its spending in order to limit how much it takes from American families. This means that when the government spends money, it must find the most econom- ical and effective way to do so. Excessive government spending will be borne by American workers and families through reduced incomes and purchasing power. There may be good reasons to require a certain percentage of American workers on federal contracts, but those decisions should be based on economy and efficiency as opposed to arbitrary quotas. Visa Fraud. American businesses that commit visa fraud and hire illegal immi- grants should not be the beneficiaries of federal spending. But a 2020 report by the Department of Labor’s Office of Inspector General (OIG) examined the depart- ment’s process for excluding employers who commit visa fraud and abuse from federal contracts and found much to be desired. l To protect the American workforce from unscrupulous immigration lawyers, employers, and labor brokers, the department must follow the recommendations of the OIG and institute more robust investigations for suspected visa fraud and speedier debarments for those found guilty. INTERNATIONAL LABOR POLICY Leveling the International Playing Field for Workers. As recent decades of intense import competition and offshoring have made clear, American workers suffer when the U.S. opens its markets to foreign nations’ minimal labor standards and exploitative conditions. While federal law already prohibits the importation of goods produced with forced labor, the prohibitions are toothless without effective means of enforcement and cover only the most basic of workers’ rights. The Trump Administration and its United States Trade Representative (USTR) took unprece- dented steps to redress the issue for workers. The U.S.–Mexico–Canada Agreement (USMCA) contained the strongest and most far-reaching labor provisions of any free trade agreement (FTA), with protections and commitments to reduce labor abuses and raise wages. It also established new modes of enforcement. For future FTAs, the USTR should replicate the labor provisions of USMCA, especially the provisions to: — 614 — Mandate for Leadership: The Conservative Promise l Eliminate all forms of forced or compulsory labor. l Protect workers’ rights to organize and participate voluntarily in a union without employer interference or discrimination. l Create a rapid-response mechanism to provide for an independent panel investigation of denial of labor rights at covered facilities. l Shift the burden of proof by presuming that an alleged violation affects trade and investment, unless otherwise demonstrated. For future authorizations of Trade Promotion Authority (TPA), the President should urge Congress to: l Create mechanisms for supply-chain transparency. l Institute a general prohibition on forced labor conditions. Investigate Foreign Labor Violations That Undermine American Work- ers. The United States’ embrace of globalization has exposed American workers to unfair competition from nations with cheap, abundant, and often exploited labor. American workers have, as a consequence, seen their earning power erode. While negotiating stronger trade agreements with robust labor provisions should be the primary tool with which to regulate international labor competition, the federal government can also take steps to identify the worst labor abuses and rule breakers. DOL’s Bureau of International Labor Affairs (ILAB) plays a critical role in monitor- ing and enforcing the labor provisions of U.S. trade agreements and trade preference programs as well as investigating child labor and human trafficking violations. l The next Administration should focus ILAB investigations on foreign labor violations that do the most to damage American workers’ earning power, specifically regimes that engage in child and forced labor, fail to protect workers’ organizing rights, and permit hazardous or otherwise exploitative working conditions. Alternative/Additional View. Conservatives share a belief in protecting and pro- moting American workers and their families and orienting international policies with Americans’ interests first. Some conservatives believe that the best way to put Amer- ica first is by making America more attractive. In addition to restrictions imposed on other countries, removing existing barriers to American manufacturing, employ- ment, and commerce can help American workers, entrepreneurs, and families.

Department of Transportation

Weak

Vector: 67%

Pages: 661-663AI Enhanced

AI Analysis:

"The bill addresses commercial driver's license requirements and immigration verification, whereas the Project 2025 DOT section focuses on fuel economy standards, EV policy, California waiver, and FHWA scope; there is only a tangential connection through general road safety and DOT jurisdiction."

Key themes:road safetyDepartment of Transportation

— 628 — Mandate for Leadership: The Conservative Promise translate into a loss of auto industry jobs for American workers: It will also mean a significant increase in traffic deaths and injuries. As fewer new cars are purchased, the price of used cars will rise, and more Americans will be left driving older cars, which traffic statistics show are much less safe than newer vehicles. NHTSA itself has acknowledged that the Biden Administration’s fuel economy standards will generate hundreds of additional fatalities and thousands of additional injuries on U.S. highways. Because older cars also produce more harmful air pollution, the aging of America’s fleet will also have negative consequences for air quality. In addition, the Biden Administration’s efforts to accelerate EV sales by reg- ulatory fiat work against the national security interests of the United States in contravention of Congress’s goals under EPCA. Increasing the production of EVs will make the U.S. more dependent on China and other foreign countries that control the supply and processing of rare earth minerals that are needed for EV batteries. And the faster deployment of EVs will put a major strain on America’s vulnerable power grid, requiring large investments in critical infrastructure and a big boost in the nation’s electricity production, including from gas-fired and oil- fired power plants. In exchange for all of these harmful effects—on traffic safety, consumer choice, American jobs, the nation’s air quality, and U.S. national security—the Biden fuel economy regulations are predicted to have no meaningful effect on global tem- perature trends over the long term.8 The next Administration must return the federal fuel economy program to the limits established by Congress. The standards issued by NHTSA must be reset at reasonable levels that are technologically feasible for ICE automobiles and con- sistent with an increase in domestic auto production and healthy growth in the sale of safer and more affordable new vehicles. To achieve these goals, the next Administration should: l Reduce proposed fuel economy levels. The Administration should consider returning to the minimum average fuel economy levels specified by Congress for model year 2020 vehicles: levels aimed at achieving a fleet-wide average of 35 miles per gallon. Consideration should be given to maintaining the standards at those levels for the near term in order to promote the objectives laid out by Congress. l Ensure that DOT again exercises priority in the setting of fuel economy standards. Any EPA limits on carbon dioxide emissions, even if authorized under the Clean Air Act, must support and work in harmony with DOT standards and must not override them or usurp DOT’s regulatory role under EPCA. For example, EPA could regulate air conditioning systems and leave engine standards to DOT. — 629 — Department of Transportation l Revoke the special waiver granted to California by the Biden Administration. California has no valid basis under the Clean Air Act to claim an extraordinary or unique air quality impact from carbon dioxide emissions, and EPCA is clear that under no circumstances may a state agency regulate fuel economy in place of DOT. The federal government should therefore exercise its preemptive authority over CARB and take all steps necessary to invalidate any inconsistent fuel economy requirements imposed by CARB, including its ban on sales of internal combustion engines. FEDERAL HIGHWAY ADMINISTRATION The Federal Highway Administration (FHWA) has jurisdiction over the inter- state highway system, which is vital for the transportation of goods and people throughout the country. The FHWA, in conjunction with state DOTs, works to ensure the quality and safety of highways and bridges. However, over the course of decades, presidential Administrations and Con- gress have caused the FHWA to go beyond its original mission. The variety of infrastructure projects now eligible for funding through the FHWA include fer- ryboat terminals, hiking trails, bicycle lanes, and local sidewalks. In many cases, such projects should be the sole responsibility of local or state governments, not dependent on FHWA funding. For local projects, federal involvement adds red tape and bureaucratic delays rather than value. The Biden Administration has broadened the FHWA’s scope by emphasizing the priorities of progressive activists instead of pursuing practical goals. These policies include a focus on “equity,” a nebulous concept that in practice means awarding grants to favored identity groups, as well as imposing obligations on states concern- ing carbon dioxide emissions from highway traffic—areas not encompassed within FHWA’s statutory authorities. Furthermore, the Biden Administration’s embrace of the “Vision Zero” approach to safety often means actively seeking congestion for automobiles to reduce speeds. Finally, the Administration has sought to use a “guidance memo” to impose policies not enacted by Congress, most notably to make it harder for growing states to expand highway capacity. Instead, the next Administration should: l Seek to refocus the FHWA on maintaining and improving the highway system. l Remove or reform rules and regulations that hamper state governments. l Reduce the amount of federal involvement in local infrastructure decisions.

Department of Transportation

Weak

Vector: 65%

Pages: 658-660AI Enhanced

AI Analysis:

"Both the bill and the Project 2025 DOT section concern Department of Transportation oversight and safety, but the bill focuses on immigration verification and stricter CDL requirements, whereas Project 2025 emphasizes AV innovation, spectrum allocation, CAFE standards, and reducing regulatory barriers, resulting only tangential overlap."

Key themes:Department of TransportationFMCSAsafetyregulatory compliance

— 625 — Department of Transportation security, and privacy without hampering innovation. DOT can oversee the testing and deployment of a wide variety of new technologies, allowing communities and individuals to choose what best fits their needs. It is the role of the private sector, not the government, to pick winners and losers in technology development. If a technology underperforms, the private sector should be liable, not the government. The department should ensure a tech-neutral approach to addressing any emerging transportation technology while keeping safety as the number one priority. As part of this, it should work to facilitate the safe and full integration of automated vehicles into the national transportation system. Over time, these advanced technologies can save lives, transform personal mobility, and provide additional transportation opportunities—including for people with disabili- ties, aging populations, and communities where car ownership is expensive or impractical. NHTSA’s and FMCSA’s current regulations were written before the advent of automated vehicles and driving systems. Both operating administrations have issued Advance Notices of Proposed Rulemakings (ANPRMs) that begin the pro- cess of updating their regulations to reflect this new technology. However, these regulations have stalled under the Biden Administration, which has chosen to use the department’s tools to get people to take transit and drive electric vehicles instead of helping people to choose the transportation options that suit them best. l NHTSA should work to remove regulatory barriers by focusing on updating vehicle standards as well as publishing performance-based rules for the operations of automated vehicles (AVs). l FMCSA should work to clarify the regulations to align with DOT’s AV 3.0 guidance, which would allow the drivers to be safely removed from the operations of a commercial motor vehicle. From a nonregulatory point of view, DOT has pivoted from a successful focus on the voluntary sharing of data to improve safety outcomes to adoption of a more compulsory and antagonistic approach to mandating data collection and publica- tion through a Standing General Order related to automated vehicles. This needs to be reversed. Many of these new and innovative technologies rely on wireless communica- tions that depend on the availability and purchase of radio frequency spectrum, a trend that is consistent with what we see in connectivity in our everyday lives. There is a role for DOT in ensuring that in the fight over spectrum, transportation gets its fair share. For technologies to work in transportation, and in particular to work for transportation safety, they have to meet the unique needs of a transportation — 626 — Mandate for Leadership: The Conservative Promise environment. They need to account for rapidly moving and out-of-line-of-sight vehicles as well as pedestrians, bicyclists, and other road users. They should account for the potential for radio interference, and they should address security. This is why in 1999, in response to a request from Congress, the Federal Com- munications Commission allocated the 5.9 GHz band of spectrum to traffic safety and intelligent transportation systems (ITS). In 2020, the FCC took away 45 MHz of the 75 MHz it had added, leaving only 30 MHz for transportation safety and ITS. DOT needs to represent the transportation community and make the case for needed spectrum to the public and Congress. CORPORATE AVERAGE FUEL ECONOMY (CAFE) STANDARDS One reason for the high numbers of injuries on American roadways is that national fuel economy standards raise the price of cars, disincentivizing people from purchasing newer, safer vehicles. Congress requires the Secretary of Transportation to set national fuel econ- omy standards for new motor vehicles sold in the United States. This mandate was established in the Energy Policy and Conservation Act of 1975 (EPCA),6 a law passed in the wake of the Arab oil embargo to promote greater energy efficiency and lessen the national security threat of U.S. dependence on foreign oil. The stat- ute directs DOT to prescribe the “maximum feasible” mileage requirements for different categories of internal-combustion engine (ICE) automobiles for each model year. The standards must be achievable using available ICE technologies running on gasoline, diesel fuel, or similar combustible fuels and must not be set so high as to prevent automakers from profitably producing new vehicles at sufficient volume to meet consumer demand. Congress recognized that the ICE-powered automobile has been instrumen- tal to advancing the mobility and prosperity of the American people and that the domestic mass production of new ICE vehicles generates millions of jobs and remains critical to the overall health of the U.S. economy and the strength of the nation’s industrial base. Accordingly, Congress took care to ensure that the mileage requirements issued by DOT would not undermine the vitality of America’s auto industry or interfere with the market economics that drives consumer demand for new vehicles. This rulemaking authority, which has been delegated by the Secretary to the National Highway Traffic Safety Administration, is exclusive to DOT. EPCA expressly preempts states from adopting or enforcing any different requirement “related to fuel economy standards” for new motor vehicles. While the statute instructs DOT to consult with the Department of Energy and the Environmental Protection Agency (EPA) in formulating its standards, no other federal agency, including EPA, has clear authority to set fuel economy requirements in place of NHTSA. The Clean Air Act7 gives EPA general authority to establish emissions

Department of Transportation

Weak

Vector: 64%

Pages: 658-660AI Enhanced

AI Analysis:

"Both the bill and the Project 2025 DOT section concern transportation safety, but the bill focuses on CDL eligibility, immigration verification, and security, while Project 2025 emphasizes fuel economy standards, CAFE, and spectrum allocation; the overlap is limited to general safety goals."

Key themes:transportation safetyroad safetyDepartment of Transportation

— 626 — Mandate for Leadership: The Conservative Promise environment. They need to account for rapidly moving and out-of-line-of-sight vehicles as well as pedestrians, bicyclists, and other road users. They should account for the potential for radio interference, and they should address security. This is why in 1999, in response to a request from Congress, the Federal Com- munications Commission allocated the 5.9 GHz band of spectrum to traffic safety and intelligent transportation systems (ITS). In 2020, the FCC took away 45 MHz of the 75 MHz it had added, leaving only 30 MHz for transportation safety and ITS. DOT needs to represent the transportation community and make the case for needed spectrum to the public and Congress. CORPORATE AVERAGE FUEL ECONOMY (CAFE) STANDARDS One reason for the high numbers of injuries on American roadways is that national fuel economy standards raise the price of cars, disincentivizing people from purchasing newer, safer vehicles. Congress requires the Secretary of Transportation to set national fuel econ- omy standards for new motor vehicles sold in the United States. This mandate was established in the Energy Policy and Conservation Act of 1975 (EPCA),6 a law passed in the wake of the Arab oil embargo to promote greater energy efficiency and lessen the national security threat of U.S. dependence on foreign oil. The stat- ute directs DOT to prescribe the “maximum feasible” mileage requirements for different categories of internal-combustion engine (ICE) automobiles for each model year. The standards must be achievable using available ICE technologies running on gasoline, diesel fuel, or similar combustible fuels and must not be set so high as to prevent automakers from profitably producing new vehicles at sufficient volume to meet consumer demand. Congress recognized that the ICE-powered automobile has been instrumen- tal to advancing the mobility and prosperity of the American people and that the domestic mass production of new ICE vehicles generates millions of jobs and remains critical to the overall health of the U.S. economy and the strength of the nation’s industrial base. Accordingly, Congress took care to ensure that the mileage requirements issued by DOT would not undermine the vitality of America’s auto industry or interfere with the market economics that drives consumer demand for new vehicles. This rulemaking authority, which has been delegated by the Secretary to the National Highway Traffic Safety Administration, is exclusive to DOT. EPCA expressly preempts states from adopting or enforcing any different requirement “related to fuel economy standards” for new motor vehicles. While the statute instructs DOT to consult with the Department of Energy and the Environmental Protection Agency (EPA) in formulating its standards, no other federal agency, including EPA, has clear authority to set fuel economy requirements in place of NHTSA. The Clean Air Act7 gives EPA general authority to establish emissions — 627 — Department of Transportation limits for new motor vehicles for air pollutants that are found to pose a danger to humans. However, there is no reason to believe Congress ever contemplated that EPA’s authority to address automotive air pollution might be used to displace or supersede NHTSA’s fuel economy mandate under EPCA. Congress chose to assign the power to set fuel economy standards to DOT rather than EPA. This was not only because DOT understands the technologies and economics of the auto industry, but also because NHTSA is the nation’s leading motor vehicle safety regulator, and Congress sought to ensure that fuel economy requirements would not adversely affect highway safety. Unfortunately, the Biden Administration has flouted these statutory limitations in nearly every respect. The predictable result is higher expected transportation costs for Americans. l In pursuit of an anti–fossil fuel climate agenda never approved by Congress, the Biden Administration has raised fuel economy requirements to levels that cannot realistically be met by most categories of ICE vehicles. The purpose is to force the auto industry to transition away from traditional technologies to the production of electric vehicles (EVs) and compel Americans to accept costly EVs despite a clear and persistent consumer preference for ICE-powered vehicles. In further support of this agenda, federal regulators administer a scheme of generous fuel economy credits that subsidize EV producers such as Tesla at the expense of legacy automakers. l Moreover, and contrary to Congress’s design, the Biden EPA has been given preeminence in the regulation of fuel economy through the setting of carbon dioxide emissions limits for new motor vehicles under the Clean Air Act. Because carbon dioxide emissions levels correspond to mileage in automobiles powered by fossil fuels, these EPA rules are de facto fuel economy requirements that apply independently of NHTSA’s standards. l The Biden Administration has also granted California a special waiver under the Clean Air Act that permits the California Air Resources Board (CARB) to issue its own fuel economy directives, notwithstanding EPCA’s prohibition on state standards. Under this waiver, CARB has ordered automakers to phase out the sale of ICE-powered automobiles in California and transition to the production of zero-emission vehicles by 2035. The Clean Air Act allows other states to follow California’s requirements; thus, CARB is effectively determining fuel economy policies for the entire nation. As a result of these regulatory actions, automobiles will be significantly more expensive to produce, there will be fewer affordable new vehicle options for Amer- ican families, and fewer new vehicles will be sold in the U.S. That will do more than

Showing 3 of 5 policy matches

About These Correlations

Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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Protecting America’s Roads Act