On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA), commonly referred to as the “Bipartisan Infrastructure Law,” was signed into law by then-President Joe Biden.
The debate was contentious from the start, with Republicans claiming the bill spent too much taxpayer money and focused on too many social causes — while Democrats touted environmental progress and job creation.
While the IIJA remains in effect until September 30, 2026, the November 2024 elections have reversed party control in Washington, giving Republicans both chambers of Congress and the White House.
President Donald Trump has made it clear that his administration will work for a leaner, more efficient government.
Trump-appointed Secretary of the Department of Transportation Sean Duffy, in a March 10 announcement, said he had rescinded two memorandums issued during the Biden Administration that “injected a social justice and environmental agenda into decisions for critical infrastructure projects.”
“Under President Trump’s leadership, the Department of Transportation is getting back to basics — building critical infrastructure projects that move people and commerce safely,” Duffy said, calling the Biden-era memos “an act of federal overreach.”
Passing Grade?
On March 25, 2025, the American Society of Civil Engineers issued its quadrennial Report Card for America’s Infrastructure. The 2025 version rated the country’s overall infrastructure a “C” — up from a “C-” in the prior report — with the roads category ranking a “D+” and bridges earning a “C.”
The report credited the IIJA for improved grades and states “U.S. infrastructure is trending in the right direction.”
While crediting the positive impact of federal and state investments, the report also carried a warning: “Sustained investment is key to providing certainty and ensuring planning goes to development, as well as making larger infrastructure projects attainable.”
Sustained investment is uncertain for now, with the current administration making changes to spending under the IIJA.
In addition, there’s the looming question of what replaces IIJA when it expires September 30, 2026. That date is a little over a month from mid-term elections that could change the balance in one or both chambers of Congress. Republicans will seek to have a new highway reauthorization in place before those elections, but what should be in it?
Trucking Industry Priorities
In a conversation with Truckload Authority, David Heller, senior vice president of safety and government affairs for the Truckload Carriers Association (TCA), shared the association’s Top 3 priorities for the near future.
“Truck parking, that’s first and foremost. It’s going to be a problem until those parking spots can be increased,” he said.
Next on Heller’s list is hair follicle testing for drugs and alcohol.
“This first appeared in the FAST Act that was released in December 2015. The language is almost 10 years old,” he said.
Finally, he pointed to the need for funding of the Highway Trust Fund, suggesting that an increase of federal and state fuel taxes is the most efficient method.
“Think of the administrative costs that go with fuel tax,” he said. “It’s 1%, so for every dollar you’re paying into the Trust Fund, 99 cents are going directly to improve our roads and bridges.”
Testimony on Capitol Hill
Shortly after this conversation, John Elliott, CEO of Load One Transportation and former TCA chairman, testified at a hearing conducted by the House Committee on Transportation and Infrastructure in Washington.
Elliott hit the ground running in his opening remarks.
“There may not be a better time to incorporate that model that exists today, bearing the fuel tax increase at a time when (the price of) fuel — both gasoline and diesel — are projected to continue falling,” he said.
While calling for a fuel tax increase, Elliott said that it’s time to eliminate some other taxes on trucking.
“Now is the time to create a funding mechanism that removes tangible and outdated taxes, such as the federal excise tax (FET),” he said.
Truck parking was another topic raised by Elliott, who touted the Truck Parking Safety Improvement Act (HR 1659) introduced by Representative Mike Bost (R-IL).
“This legislation must be considered, must have language towards the future of our highways to increase the number of parking spaces from one spot to every 11 drivers for more opportunities for places to rest when these drivers are trying to comply with federal hours of service,” he said.
Next, Elliott addressed drug testing.
“The FAST Act, signed into law December 4, 2015, included language allowing motor carriers to use hair follicle testing as an acceptable alternative to urine-based testing for its drug testing protocols,” he said. “Personally, it is a travesty to me that the federal agency can block the directions of Congress for almost a decade while allowing known drug users to operate commercial vehicles on our roadways.”
While some TCA member carriers are using hair follicle testing — more accurately known as “hair strand testing” — current DOT regulations prohibit sharing of test results through the FMCSA’s Drug & Alcohol Clearinghouse.
“Hair follicle testing detects drug use 11 times more effectively than urine,” Elliott said. Pointing to TCA carrier members and a study involving drug testing of over 88,000 drivers, he continued, “Seven large motor carriers found that 4,362 drivers failed the hair test, with only 403 of them failing the urine test.”
Elliott noted that the inability of carriers to submit those positive results to the Drug & Alcohol Clearinghouse is “allowing these drivers to work immediately for other carriers who only use urine testing.”
The issue of the reclassification of marijuana to a Schedule 3 narcotic, he explained, will only cause the problem to grow.
“We lack current technology comparable to a breathalyzer. So, I think the number of incidents or things that are involved with marijuana is much greater than what anyone realizes,” Elliott responded when asked by Rep. David Rouzer (R-NC), committee chair, if more states moving to legalize marijuana will cause a bigger problem.
“If we want to make the road safer, we need to quit talking about it. We need to move forward. It’s been 10 years,” Elliott said.
Rep. Mike Collins (R-GA), who founded and owns Jackson, Georgia-based Collins Trucking Company, addressed driver complaints of malfunctioning Advanced Emergency Braking (AEB) systems that “ghost,” or apply hard braking without cause.
Explaining that he has personally experienced the problem in his car, Elliott responded, “I would not buy a new truck without AEB, when I look at the great overall benefit.”
Rep. David Taylor (R-TX) discussed the Biden administration’s requirement for zero-emissions heavy-duty vehicles to become a growing part of the trucking fleet, calling it “a de facto electric truck mandate.” He asked Elliott how the rule, if left unchanged, would impact trucking.
“Quite simply, it would be devastating,” Elliott said. “The technology is not there. As an industry, we support clean technology, but we want it to come on a timeline that is financially viable for our companies and our customers, and something that is proven and safe.”
Elliott was one of five trucking industry witnesses called by the committee.
IIJA Funding: ‘Wait and See’
As for changes to IIJA funding and its eventual replacement, “It’s a wait and see, without a doubt,” said Heller. “They’re making promising noises about eliminating some of the problem areas, but until they actually propose something, we don’t know.”
With the help of David Heller and John Elliott, at least the powers that be in DC know where TCA stands on the issues.
This story originally appeared in the May/June 2025 print edition of Truckload Authority, the official publication of the Truckload Carriers Association.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
