Featured Story


Capitol Watch:
Congress Talks Infrastructure: the Good, the Bad, and the Funding



By Cecile Entleitner, Associate, Blakey & Agnew

Lawmakers returned to Capitol Hill in January ready to hit the ground running on their 2020 legislative priorities. Stepping out from the shadows of the recently ratified USMCA trade agreement and ongoing impeachment trial, infrastructure policy re-emerged as one of the main focal points. In the span of only one week, House Democrats announced their infrastructure policy framework and both legislative chambers held several hearings examining important transportation issues.

The House Democrats' "Moving Forward Framework" outlines a $760 billion total investment over five years. While it does not include proposed revenue streams or programmatic details, it provides funding goals and policy priorities. A collaborative effort between House Democrats of the Committees on Transportation and Infrastructure; Energy and Commerce; and Ways and Means, the framework contains surface transportation reauthorization principles as well as broader infrastructure provisions, incorporating investment strategies for roads, bridges, transit systems, railways, airports, ports, inland waterways, wastewater and drinking water systems, brownfields, and broadband. All proposed investments are guided by three core principles: strengthened environmental provisions, improved safety measures, and maintaining or updating infrastructure assets to a state of good repair.

The framework assigns $319 billion over fiscal years 2021-2025 to highway programs. This section includes funding for major projects of national and regional significance "with focused eligibility criteria and reduced Secretarial discretion over project selection," investment in multimodal freight movement by increasing funding caps under existing programs, and funding for a national pilot program to test the feasibility of user fees (including a vehicle-miles-traveled fee) to generate long-term infrastructure revenue.

Ensuring all revenue collected by the Harbor Maintenance Trust Fund can be allocated to port and harbor dredging needs has been an ongoing bipartisan priority for transportation policy makers. In October 2019 the House passed the Full Utilization of the Harbor Maintenance Trust Fund Act to allow the distribution of the entirety of HMTF revenue for its intended purpose. The infrastructure framework reiterates this priority by detailing a $19.7 billion total investment of HMTF funds: the estimated $9.5 billion current balance of the trust fund and a projected $10.2 billion in additional revenue collected over the next five years.

House Republicans responded by issuing their own list of principles, focused on reauthorization policy, including: addressing Highway Trust Fund stability, innovative technologies, project delivery streamlining, investments in rural transportation networks, prioritizing current federal surface transportation programs, and ensuring state flexibility. Overall, they emphasized the need for bipartisan partnership and discussion to develop substantive infrastructure legislation.

Congressional committees with jurisdiction over transportation policy across both legislative chambers demonstrated their commitment to advancing an infrastructure plan by hosting several hearings examining a broad scope of industry programs, challenges, and future strategies. The

House Ways & Means Committee held a hearing on January 29 to assess transportation funding and financing mechanisms. While there was bipartisan support for increased investments to improve transportation network performance and efficiency, Members disagreed on how such investments should be funded as well as how to incorporate project delivery improvements and environmental protections. Democrats generally emphasized climate resiliency needs and revenue generated by a federal gas tax increase, whereas most Republicans supported leveraging increased private partnerships, financing tools, and state & local revenue streams while advocating for additional environmental permitting streamlining. Members on both sides agreed that a vehicle-miles-traveled fee could provide a viable, long-term funding mechanism in the future but that further research and data are necessary before such a transition would be feasible.

Meanwhile, the Senate Commerce, Science, and Transportation Subcommittee on Transportation and Safety also held two hearings. On January 28, the Subcommittee examined USDOT's rural transportation initiatives, the implementation of the Department's Build America Bureau, and the growing needs of our nation's seaports. Senators and witnesses discussed the importance of connecting rural and urban transportation networks to promote overall system efficiency and advocated for greater access to federal funding and financing opportunities for rural communities. Senators also highlighted the role of seaports in advancing economic development and competitiveness, calling for increased investments as port facilities adapt to growing freight volumes. On February 4 the Subcommittee heard from a panel of trucking industry stakeholders, with a focus on truck safety concerns, hours of service regulations, and new technologies. All participants agreed that any laws and regulations governing commercial trucking must fundamentally prioritize driver and public safety. Several witnesses advocated for increased flexibility in hours of service requirements, improved truck parking provisions, implementation of innovative safety technologies (such as automatic braking or speed limiter systems), and addressing the driver shortage.

While recent progress has offered glimmers of hope to some in the industry, others remain skeptical that the House, Senate, and White House will ultimately be able to coalesce behind one comprehensive infrastructure package. As President Trump delivers his State of the Union address and Presidential Budget Request for fiscal year 2021 in February, and the House's reauthorization proposal is expected to be released within the next few months, industry stakeholders will have to stay tuned to find out if all this talk will be backed up by walk in the form of collaborative infrastructure policy.

Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.