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By Katie Cross, Senior Associate,
Blakey & Agnew
We are four months into the 116th Congress and there have been multiple hearings that have made the news. If you've tuned into one of these high-profile hearings, or caught the highlights on the nightly news, you may have heard Members of Congress arguing or taking pointed jabs at one another and other government officials. Given all the bustle, you might be surprised to learn there have been multiple hearings during which Members from both sides of the aisle called for more bipartisanship and even applauded the work of their colleagues.
What topic has got bipartisan and bicameral Members of Congress calling for collaboration? That would be infrastructure. It appears this Congress can't get enough of talking about the need for action on our nation's roads, bridges, waterways, pipelines, broadband, airports and more. In fact, there have been over 14 transportation related hearings in at least four key Congressional Committees since the 116th Congress was sworn in on January 3. The House Transportation and Infrastructure (T&I) Committee alone has held eight hearings on infrastructure topics ranging from surface transportation infrastructure to modern water infrastructure to aviation to pipelines to harbors. And each of these hearings has featured in-depth discussion about our nation's infrastructure needs, with the first hearing of the 116th Congress for the T&I Committee, titled "The Cost of Doing Nothing: Why Investing in Our Nation's Infrastructure Cannot Wait," lasting over five and a half hours.
With hours of infrastructure discussions logged so far this year, it wouldn't be a surprise if you've been unable to catch it all. I know you're busy so I've got you covered with a few key takeaways from the hearings.
In the majority of the hearings, Members of Congress from both sides of the aisle expressed hope for an infrastructure bill this session, with many Members proposing the bill address all types of infrastructure. Additionally, with the most recent surface transportation bill, the Fixing America's Surface Transportation (FAST) Act, expiring at the end of fiscal year 2020, Members noted that they will also need to pass a reauthorization. It has been unclear as to whether or not the surface transportation reauthorization will be wrapped into the larger infrastructure package or will be considered as a stand-alone bill. House T&I Committee Chairman DeFazio (D-OR) has indicated in some hearings that he plans to treat the infrastructure package and the surface transportation reauthorization as two separate bills.
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Despite the seeming agreement that something must be done to address U.S. infrastructure needs, the issue of how to pay for such an investment is still unresolved. In regards to surface transportation investment, there seems to be general agreement that Congress should develop a solution to shore up the Highway Trust Fund (HTF). The HTF has seen diminishing revenues as vehicles become increasingly efficient and move away from gas and diesel fuels, therefore reducing the amount of money taken in from the gas and diesel tax. However, as is often the case, Members of Congress and the witnesses at these hearings have been unable to come to an agreement on how exactly to fix the funding gap. An increase in the gas tax, a vehicle miles traveled fee, a carbon tax, a waybill fee, and even decoupling HTF funding from user-fees altogether have all been proposed. Notably, the House Ways and Means Committee, which has jurisdiction over funding, held its own hearing on how to pay for infrastructure investments – the first such hearing in almost a decade. For air traffic, during a March 26 hearing in the House T&I Committee, it was suggested that the passenger facility charge (PFC) cap, which has been frozen since 2000, be increased. However, there is some disagreement about that as well, with many airports in support but airlines in opposition.
Despite all of the talk, a solid timeline for introduction and passage of these potential infrastructure bills did not come to light in the hearings. Members of Congress on the House side have been quoted saying there will likely be two bills and that they hope to address them in spring or summer. The Senate side, however, has been less specific. Either way, while it appears many Members understand the importance of investment, it also appears that questions about funding, types of infrastructure to be included, and political consequences with a presidential election in 2020 could throw a wrench in plans, no matter how many hearings take place.
Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.
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