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Senate passes plan to postpone transportation insolvency to the end of the year, sends it to House

Late Tuesday evening, the Senate modified and approved a measure transferring about $8 billion from the general fund to keep the Highway Trust Fund solvent until the end of the year. But because two amendments were made, it’ll return to the House for further action before any final deal can be approved on postponing insolvency of the nation’s transportation program. The House will have to act fast: the long August recess is scheduled to begin in just three days.

Conventional wisdom had held that the Senate would adopt the House-passed bill as-is so they could finish up well before recess begins later this week. However, a strong bipartisan group supported amendments to eliminate the most controversial accounting gimmick and cut the length of the patch in half to keep the pressure on to find a long-term fix as soon as possible.

“Today’s votes held some positive signs for the future of our nation’s transportation system,” said James Corless in T4Amercia’s full statement after the vote tonight. “The Senate overwhelmingly rejected a move to dismantle our key infrastructure fund, and instead challenged themselves to take up a long-term funding solution this year.”

Two of the four amendments considered were approved before the final bill was passed. The first, from Senators Wyden and Hatch and approved 71-26, replaced the House revenue sources with the bipartisan ones agreed to by the Senate Finance Committee several weeks ago.

Once this first amendment passed, guaranteeing that the bill would return to the House, it might have made it easier for Senators on the fence to support the second amendment. That second amendment, from Senators Carper, Corker and Boxer, entirely eliminated the controversial “pension smoothing” provisions from the House bill, cutting about $2.9 billion from the patch and keeping up the urgency on finding a long-term funding solution.

The most passionate speech of the day came from Senator Bob Corker on that very topic. Senator Corker, who is also pushing an actual long-term funding plan with Senator Murphy to raise the gas tax — was incredulous at the idea that the Senate and specifically his Republican colleagues would support a plan to take ten years of funds from an accounting maneuver like pension smoothing to pay for ten months of an extension, calling it “generational theft.”

“We’re taking a finance gimmick out of this bill. … It forces us to deal with a long-term solution, which we should have done a long time ago,” he said.

An amendment from Sen. Mike Lee (R-UT) to dramatically defund the federal program by cutting the gas tax from 18.4 to 3.7 cents failed overwhelmingly, drawing only 28 votes. Lee argued, correctly, that the existing program is out-moded and fails to give local communities the resources and latitude to meet their needs, but we — and a large majority of the Senate, clearly— strongly disagree that the solution is to take the resources away altogether.

The solution — one that we would hope to see as part of any long-term funding discussion — is forward-looking policy reform that gives local leaders more of a say in how the money gets spent. Local results and accountability are what will win and keep support for the program among the American people.

We are pleased to see so many Senators take a principled stand in support of the highway trust fund and an ongoing federal role in supporting our communities and their economic future. We especially recognize the leadership of Senators Wyden, Hatch, Carper, Corker and Boxer in forging their plan and rallying support. We hope this can spur the conversation to find a long-term solution as soon as possible, and we look forward to working with the leaders in both chambers.

Action will move back to the House tomorrow in these last few days before recess begins, so stay tuned.

Senate poised to take up House plan to patch Highway Trust Fund until Spring 2015

Sometime in the coming days the Senate is expected to take up and vote on the House’s bill to postpone the insolvency of the Highway Trust Fund until May of 2015 via an array of accounting maneuvers to cover ten months of transportation funding.

Last week, the House passed Ways and Means Committee Chairman Dave Camp’s bill transferring $10.9 billion to the trust fund from various sources, with a large portion coming from an accounting method called “pension smoothing.” This allows employers to defer payments to their employee pension plans; resulting in higher revenues for companies and therefore increasing overall federal tax revenue. It’s a controversial idea, lambasted by conservative political groups and the New York Times alike in advance of last week’s vote.

The Senate will likely be taking up the House’s version of the bill this week and voting on it, though several amendments could also be considered.

Finance Committee Chairman Wyden is expected to offer the alternative version approved by a bipartisan vote of the Senate Finance Committee earlier this month as an amendment. This would improve upon the House-passed bill by providing better revenue options, primarily tighter enforcement of tax laws and extension of certain fees.

Another amendment likely to be introduced by Senators Boxer (D-CA), Carper (D-DE), Corker (R-TN) would reduce the amount generated by some of the accounting maneuvers, essentially cutting the length of the patch and forcing Congress to act on a long-term funding solution before the end of the year.

This amendment would have the positive effect of keeping the pressure on lawmakers, as well as avoiding the potentially disastrous effects of pushing this debate to the months and weeks just before the 2015 construction season begins. (NPR took a look at this perpetual habit of “kicking the can” further down the road in a great piece earlier this week.)

While we commend Congress for reaching a short-term agreement to keep important projects from coming to a complete standstill, all this really accomplishes is postponing the inevitable insolvency for a later day. In the words of the letter sent to Congress this week by U.S. Secretary of Transportation Anthony Foxx and the last 11! USDOT Secretaries:

We are hopeful that Congress appears willing to avert the immediate crisis. But we want to be clear: This bill will not “fix” America’s transportation system. For that, we need a much larger and longer-term investment. On this, all twelve of us agree. Congress’ work will not be over with passage of this bill; they must continue moving forward and develop a long-term solution for our nation’s transportation funding.

We will continue to update as the Senate moves forward this week.

Senate, House committees approve short-term rescue of trust fund; long-term solution still needed

The Senate Finance and House Ways and Means committees today each passed similar short-term patches to keep the Highway Trust Fund in the black at least through early 2015. If adopted by the full House and Senate, the move to transfer $10.8 billion to the trust fund will avert immediate disaster, but there’s still heavy work needed to find a long-term funding solution.

Wyden Finance markup

Without this stopgap — if approved — worked out by Chairman Wyden and Chairman Camp and their respective committees, reimbursements to states would have been cut as much as 28 percent starting in just a few weeks, according to the U.S. DOT. But Congress has bought itself only a few months to address the larger problem of long-term solvency.

The House Ways and Means Committee was first to act this morning, marking up their funding patch to keep the trust fund solvent through May 2015 — five months longer than the Senate’s original plan. Senate Finance resumed discussion of its trust fund bail-out this afternoon after making key changes to match the $10.8 billion in the House provision while striking the language specifying an expiration date.

The upshot is that both measures have enough revenue to carry the trust fund into 2015, although Democrats have been pushing to consider a long-term transportation measure before the end of the year. Sen. Tom Carper offered an amendment to reduce the amount of the patch so that it would expire at the end of December, but it was not approved. Overall, the bill passed with just one “no” vote from Senator Carper.

As passed today, the Senate proposal would transfer $9.824 billion in general funds to the Highway Trust Fund, and $1 billion from fund for leaking underground storage tanks. The Senate bill modified some of the many mechanisms of paying this money back from their original proposal, most notably by including the House’s plan for “pension smoothing.”

The real question is how long this revenue cobbled from multiple accounting gimmicks will hold out. May 15 seems optimistic, given how the insolvency point moved sooner and sooner over the course of this year. Last month, the Congressional Budget Office projected we’d need $8 billion just to make it through this year.

Senator Bob Corker (R-TN), who co-introduced a plan to raise the federal gas tax 12 cents over two years, didn’t hide his disappointment in this plan and how Congress is paying for it. “This disgraceful practice of borrowing money to cover a few months of spending and paying for it over a decade is nothing more than generational theft,” he said in this Transport Topics story.

His comments as well as others made today by members of the House and Senate committees could represent a groundswell to find a real long-term funding fix and end the practice of lurching from crisis to crisis. After all, providing funding just for ten months instead of five months doesn’t actually give States the reliability and predictability they need for multi-year contracts and bigger projects — it just ensures that many projects underway or getting started this summer won’t hit the brakes. Think of it this way: States could resurface a road with some confidence, but that multi-year project to replace the deficient old bridge on the same road? Tough to do when you only have funding through May with any certainty.

Even House Transportation Committee Chairman Bill Shuster, who also supports the fix through May, said today, “This bill in no way precludes Congress from continuing to work on addressing a long-term funding solution, and a long-term reauthorization bill remains a top priority for the Transportation Committee.”

“We are pleased that Congress has begun to take the situation seriously and will avoid the economic pain of an insolvent trust fund, at least for the very near term,” said T4America Director James Corless.

“Perhaps the most important outcome is that the debate in both chambers showed a growing discomfort with short-term accounting tricks and a bipartisan desire for a long-term solution. In truth they have only bought themselves a few short months to grapple with an issue they have delayed for years.  We look forward to working with Chairman Wyden, Chairman Camp and other leaders as they make good on their promise to work in earnest on a long-term solution to fund the infrastructure our economy and daily lives depend on.”

Senate Finance Committee considers a trust fund stopgap, with long-term funding unclear

The Senate Finance Committee Thursday will take up a proposal from Chairman Ron Wyden (D-OR) to keep the Highway Trust Fund solvent through Dec. 31 with a $9 billion transfer from the general budget. The needed revenue would be raised by increasing the allowable tax on heavy trucks and four accounting maneuvers unrelated to transportation.

Chairman Wyden’s stopgap proposal would prevent the projected August insolvency of the nation’s key infrastructure fund and buy time until after the November elections, when Congress could consider a longer-term fix to the beleaguered trust fund.

Unfortunately, the proposal does not have bipartisan support. The top Republican on Senate Finance, Senator Orrin Hatch (R-UT), has indicated he would like the trust fund fix to rely more on spending cuts. Senator Bob Corker (R-TN), who is co-sponsoring a proposal to raise the gas tax with Senator Chris Murphy (D-CT), called the proposal “a complete sham” .

However, with the clock ticking toward an end of promised federal payments to states for their transportation spending, it is the only proposed stopgap on the table that would avoid idling thousands of workers and stalling key projects throughout the country. Senator Barbara Boxer (D-CA), chair of the Senate Environment and Public Works Committee, urged her colleagues on the Finance Committee to pass Wyden’s proposal. “I’m here to send an SOS to Congress because we are facing a transportation government shutdown,” Boxer today said at a press event.

Wyden’s proposal relies on accounting changes over ten years to amass the “savings” that would be transferred immediately from the general fund to cover the next several months of the trust fund outlays. The largest change ($3.7 billion) would require faster disbursement – and collection of taxes owed – on retirement savings of deceased account holders.

The only transportation-related source comes from raising the cap on the surcharge placed on especially heavy trucks, from $550 a year to $1,100. Set to take effect June 30, 2015, it would be the first change to the so-called heavy vehicle use tax since 1984 and is expected to raise up to $1.4 billion over the next 10 years.

Wyden told Transport Topics that he expects Republicans to offer several amendments at the committee hearing, set for 10 a.m. Thursday. “They indicated informally some rough ideas but that’s why we have opened the process,” Wyden said.

In the House, Chairman Dave Camp (R-MI) of the Ways and Means Committee, with jurisdiction over the Highway Trust Fund, has said,  “There is no way tax hikes to pay for more spending will fly in the House.” Camp plans to mark up an extension of the transportation program and Highway Trust Fund after the July 4 Congressional recess.

In an encouraging bipartisan move, Senators Corker and Murphy last week proposed raising the gas tax 12 cents over two years, and offsetting that increase by making some current tax breaks permanent. Corker has said the offsets could allow other Republicans to support the proposal because it would not violate Grover Norquist’s Americans for Tax Reform pledge.

Any such long-term solution for transportation funding – which we at Transportation for America certainly support – would have to come through Wyden’s Finance Committee, presumably after a stopgap such as that on the table for tomorrow’s hearing.

Raising the gas tax also would have to pass muster with the White House. In comments Monday, Administration officials did not rule out a gas tax hike but reiterated that corporate tax reform is their preferred pay-for.

“The Administration has not proposed and has no plans to propose an increase in the gas tax,” said White House spokesman Matt Lehrich. “It is critical that we pass a [transportation] bill that not only avoids a short-term funding crisis but provides certainty and lays the groundwork for sustained economic growth. So we appreciate that members on both sides of the aisle continue to recognize the need for a long-term infrastructure bill, and we look forward to continuing to [work] with Congress to get this done.”

Here, you can read a Description of the Chairman’s Mark, and the Joint Commission on Taxation’s Score (JCT Score) of the proposal.

Support the Senate’s bipartisan plan to raise the gas tax

A bipartisan pair of Senators says it's time to raise the gas tax. Let the rest of the Senate know if you agree. Take action.

A bipartisan pair of Senators says it’s time to raise the gas tax. Let the rest of the Senate know if you agree.
Take action.

After months of hearing from mayors and business leaders and citizens and people of all stripes who are worried about the looming bankruptcy of our transportation fund, a key Senate committee this week at last is taking up a temporary fix to the trust fund for the next six months. But Congress still must find a long-term solution to save our nation’s transportation fund. 

As we wrote about last week, two courageous senators have introduced a bipartisan – yes, bipartisan – proposal to save the trust fund for the long haul. Senators Chris Murphy (D-CT) and Bob Corker (R-TN) proposed raising the gas tax 12 cents per gallon over two years. It would be the first increase since Bill Clinton was in office and gas cost around a buck a gallon.

Can you send a message to your Senators asking them to throw their support behind this proposal? (Supporters in CT and TN: You can send a message of support to your Senators as well.)

Without new money to save the highway trust fund from insolvency, federal contributions for important transportation projects in your community would stop as soon as August and could shut down completely for the next year.

Some in the Senate are still talking about settling for a temporary bailout, rather than face our crumbling transportation program head-on.

Over the last five years, Congress has scoured the couch cushions to find $50 billion from general revenues to plug holes in the transportation trust fund. Meanwhile, the need for investment is growing as our population grows and infrastructure ages. Not only has inflation eaten away a third of their value, but gas tax receipts also have dropped with gains in fuel efficiency and a decline in the miles driven per person.

Most members of Congress have been afraid even to mention the possibility of tax increases, but as Senator Corker said, “If it’s something worth having, then it’s something worth paying for.” We couldn’t agree more. As our recent post on support for gas tax increases at the state level shows, voters may be more accepting of higher transportation taxes than conventional wisdom suggests.

Senators Murphy and Corker deserve great credit for their leadership and courage to propose a real fix to the transportation funding crisis.

Let’s let the rest of the Senate know that safe roads and bridges, better transit, and speedier commutes are things worth paying for.

In the meantime, T4America will keep fighting for more reforms to the system to ensure that states are held accountable for their spending and that more money flows to the local level where it’s needed most. But without any new revenue, there’s no need for accountability: Projects and plans will sit on the shelf.

What do you think about raising the gas tax? Feel free to let us know in the comments.

Favorable responses and coverage for the bipartisan Senate plan to raise the gas tax

As soon as Senators Murphy and Corker introduced their bipartisan plan yesterday to raise the gas tax by 12 cents, supportive statements starting flowing in and media outlets quickly picked up the news.

The day before the news broke, USA Today’s full editorial board weighed in on the issue and offered their preferred solution for rescuing the nation’s transportation fund: “Raise the gas tax.” They couldn’t have thought they’d see action quite so soon, but the very next day, as we reported, Senator Murphy (D-CT) and Senator Corker (R-TN) responded with a proposal that would do exactly that, raising the gas tax 12 cents to help provide “the trust fund with the stable source of income it so desperately needs.” More from the editorial:

The best way to deal with declining gas tax revenue happens to be the simplest way: Raise the gas tax. … The days of higher fuel taxes being a “third rail” of politics (touch it and you die) are long gone. In recent years, seven states have either raised their own gas taxes or imposed other fees that raise revenue. The political fallout has been minimal.

The proposal quickly made headlines around the country, from the biggest papers down to local blogs. Here’s a quick look at just a few of the responses to the Senators’ leadership.

RollCall
Gas Tax Is Imperative to a Robust Highway Bill | Commentary
With federal highway funding about to run dry this summer, will Congress vote to increase the gasoline tax to refill the Highway Trust Fund? It seems a long shot, but a bipartisan agreement begins with two – and two senators have stepped forward.

The Business Journal
Ready for higher gasoline taxes? Road projects may come to a halt without it
The gasoline tax hasn’t been raised since 1993, so maybe it’s time for an update. Plus, it seems fair to make users of the nation’s road pay for improvements. Congress has violated this principle for the past couple of years, taking $50 billion from the federal government’s general fund — thereby raising deficits — to make up for shortfalls in the Highway Trust Fund.

Washington Post
Bump at the pump? Senators propose a 12-cent hike in federal gas tax
A bipartisan Senate proposal emerged Wednesday to rescue beleaguered federal transportation funding by raising the tax on gasoline by 12 cents a gallon.

Streetsblog USA
Senators Murphy (D) and Corker (R) Propose 12-Cent Gas Tax Increase
There are several proposals on the table to stave off the impending insolvency of the Highway Trust Fund (which pays for transit, biking, and walking projects too) in two months. Just now, two senators teamed up to announce one that might actually have a chance.

Associated Press
SENATORS PROPOSE 12-CENT GAS TAX INCREASE
Two senators unveiled a bipartisan plan Wednesday to raise federal gasoline and diesel taxes for the first time in more than two decades, pitching the proposal as a solution to Congress’ struggle to pay for highway and transit programs.

CBS News
A bipartisan push for higher gasoline taxes
The timing might seem a bit dubious, considering it’s the height of the U.S. driving season, and Americans are dealing with both geopolitical turmoil and the upcoming midterm elections.

MSNBC
A Republican who’s willing to raise the gas tax
To fix America’s crumbling roads and bridges, Tennessee GOP Sen. Bob Corker says he’s willing to do what’s become unthinkable for most congressional Republicans: raise taxes.

WBBJ Eyewitness News Channel 7 (Jackson, TN)
Corker proposes increase to gas tax
For the first time in more than two decades, federal taxes on gasoline and diesel could be raised.

Johnson City Press/Kingsport Time News (TN)
Corker proposes higher fuel tax to pay for repairs to highway infrastructure
U.S. Sen. Bob Corker pitched his legislation Wednesday to fix up the nation’s highway infrastructure by raising federal fuel taxes by six cents twice in the next two years and paying for the hike with provisions in the so-called “tax extenders” bill.

Chattanooga Times Free Press (TN)
Bob Corker eyes 12 cent gas tax to help shore up federal road funds
U.S. Sen. Bob Corker, R-Tenn., on Thursday proposed a bipartisan plan to raise federal gas and diesel taxes for the first time in more than two decades as an answer to long-standing funding woes threatening to stall the nation’s highway, bridge and transit programs.

The Daily Times (Blount County, TN)
Sen. Bob Corker pitches gas tax hike
Tennessee Sen. Bob Corker is part of a bipartisan plan to raise the federal gas tax by 12 cents over the next two years.

Laborers’ International Union of North America
“It’s Time to End the Pothole Penalty”
LIUNA applauds Sens. Murphy and Corker for their continued bi-partisan progress in the U.S. Senate to make our roads and bridges safer and strengthen our economy by addressing the failing Highway Trust Fund with a long-term, full-investment solution.

Senators unveil bipartisan plan to rescue the federal transportation program by raising the gas tax

Senators Chris Murphy (D-CT) and Bob Corker (R-TN) today announced their bipartisan plan to raise the nation’s gas tax by 12 cents over two years to rescue the nation’s Highway Trust Fund, which is headed for insolvency before the end of the summer.

Senators Murphy and Corker introduce their proposal to raise the gas tax by 12 cents and index it to inflation on Wednesday, June 18, 2014

Senators Murphy and Corker introduce their proposal to raise the gas tax by 12 cents and index it to inflation on Wednesday, June 18, 2014. Photo courtesy of Sen. Murphy’s office.

Unveiled at an event at the U.S. Capitol this morning, The Highway Funding and Tax Reduction Proposal would increase the federal gasoline and diesel taxes by 6 cents in each of the next two years for a total of a 12-cent increase. The taxes would then be indexed to inflation, so that transportation funding keeps in step with construction costs. (The federal gas tax has lost about a third of its purchasing power since it was last raised in1993.)

These two simple changes would provide funding to sustain current spending levels, plus inflation, over the next 10 years. The Murphy-Corker plan proposes to offset some of the increased costs to individuals by permanently extending a handful of tax breaks that benefit ordinary households.

Since 2008, Congress has transferred more than $50 billion in general funds into the Highway Trust Fund to maintain investment levels, and the fund’s spending is currently projected to outpace revenues by over $160 billion in the next decade. Just to have enough money to continue the program for next year would require finding an additional $18 billion before Oct. 1.

But now, for the first time in this Congress, a legitimate, bipartisan plan has been offered to solve the shortfall of the nation’s transportation trust fund. No temporary patches, no swapping funding between programs, no general fund transfer or accounting sleight-of-hand.

“Proposed short-term patches using accounting gimmicks have been all but shot down in both houses,” said T4America Director James Corless in our full statement released this morning. “Senators Murphy and Corker are showing real leadership – as well as concern for their constituents’ jobs and safety – by championing a long-term solution that recognizes the gravity of the situation and addresses it head-on. … The alternative is to allow our transportation system to crumble along with an economy hobbled by crapshoot commutes and clogged freight corridors.”

“By modestly raising the federal gas tax, we can address a crippling economic liability for this country—the inability to finance long-term improvements to our crumbling national infrastructure,” said Senator Murphy in the Senators’ joint statement this morning.

“I know raising the gas tax isn’t an easy choice, but we’re not elected to make easy decisions – we’re elected to make the hard ones. This modest increase will pay dividends in the long run and I encourage my colleagues to get behind this bipartisan proposal,” he said.

Senator Bob Corker, who certainly understands how important transportation investments are down at the local level as the former mayor of Chattanooga, TN, stated emphatically at the event that “if something is important enough to have, it’s important enough to pay for.”

“Congress should be embarrassed that it has played chicken with the Highway Trust Fund and allowed it to become one of the largest budgeting failures in the federal government,” he added in his official statement. “If Americans feel that having modern roads and bridges is important then Congress should have the courage to pay for it.”

As our recent post on support for gas tax increases at the state level shows, voters may be more accepting of higher transportation taxes than conventional wisdom suggests. And any move to stave off crisis and stabilize the federal program for the long term brings cheers from the local officials who represent home-state constituents.

“We certainly support Senator Murphy’s efforts to put our transportation trust fund on a sound footing,” said Lyle Wray, executive director of the Capitol Region (Hartford) Council of Governments in Murphy’s state of Connecticut. “We have seen two bridge closures in just the last two weeks on the Metro-North line, the busiest commuter line in the country. Repairing and replacing bridges is just the start of our communities’ needs. We have been doing all we can to stretch dollars and use debt financing, but we have gone as far as we can go without additional funding. Raising the gas tax is the best solution we see for stable funding for critical infrastructure in the near term.”

And in Franklin, TN, a southern suburb of Nashville, Mayor Ken Moore offered Sen. Corker — a prior mayor of Chattanooga — his support for the proposal.

As mayor of Franklin and chair of the mayors’ caucus of Middle Tennessee, I can say we have been supportive of raising the gas tax because we recognize this is what funds our highways and our transit, and we can’t allow our infrastructure to deteriorate. We have to stabilize the trust fund and provide consistent funding.

Middle Tennessee is the economic generator now for Tennessee, one of the fastest growing regions in terms of creating jobs. While that is a good problem, it creates a burden on our infrastructure. It’s important to make sure we have the certainty of funding so we can continue to support this economic development

As a mayor I can see the handwriting on the wall. Without this we will be tremendously challenged to avoid congestion and gridlock. The number one calls and emails I get are about traffic and congestion. I think voters will support it if they know it will go towards relief and supporting that economic growth.

So there you have it. The first legitimate, bipartisan transportation revenue proposal is on the table. Senators Murphy and Corker deserve great credit for their leadership and courage to propose a real fix to the transportation funding crisis.

We will have more on this proposal as we track its progress closely over the next few weeks and months, so stay tuned.

T4America statement in support of Senate proposal to rescue the federal transportation program with a 12-cent gas tax increase

press release

James Corless, director of Transportation for America, issued this statement in response to the proposal from Sen. Chris Murphy (D-CT) and Sen. Bob Corker (R-TN) to save the highway trust fund from insolvency and restore stable funding through a 12-cent gas tax increase over two years:

“Our nation’s key infrastructure fund is rushing toward insolvency. Proposed short-term patches using accounting gimmicks have been all but shot down in both houses. Senators Murphy and Corker are showing real leadership – as well as concern for their constituents’ jobs and safety – by championing a long-term solution that recognizes the gravity of the situation and addresses it head-on.

A return to stable funding will ensure that our states and communities can repair aging roads, bridges and transit systems and build the infrastructure we need for a growing economy. The alternative is to allow our transportation system to crumble along with an economy hobbled by crapshoot commutes and clogged freight corridors.

Phasing in the gas tax increase over two years along with extended tax breaks will ease the transition for consumers, just as the ensuing investment in a sound, working transportation network will ease travel for workers and businesses alike.”