The letter, referring to the situation as a "potential crisis" warned that "without taking steps to address this situation, the Highway Trust Fund will only support a highway investment level of approximately $20.5 billion in FY 2010, about half of the FY 2009 amount," and that "the federal transit programs would also face a significant cut in FY 2010."

In the letter, Oberstar and DeFazio? acknowledged that the unreliable outlook for future Federal funding complicates Congress' effort to enact a multi-year surface authorization measure. They went on to say that "the September 30, 2009 expiration date for SAFETEA-LU is fast approaching and we can't afford any temporary extensions while we negotiate the new bill." Twelve extensions of TEA-21 were necessary before SAFETEA-LU was signed into law and during that time, and the uncertainty of future federal funding prompted states to pull back significantly on highway construction investments.