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House Approves Transportation Extension While Senate Looks Long Term

On Wednesday, the House approved H.R. 3038, the “Highway and Transportation Funding Act of 2015, Part II” by a 312-119 vote. The bill extends highway and transit program authorization until December 18, 2015 and transfers $8.07 billion from the general fund into the Highway Trust Fund. The transfer allows highway funding to continue at current levels past the end of the fiscal year and into most of the first quarter of FY 2016.

The act funds the transfer by providing a series of “pay-fors” which are primarily tax enforcement measures, but it also includes an extension of an airline security fee through the end of 2025. House Ways and Means Committee Chairman Paul Ryan (R-Wisc.) and Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.) issued a joint statement when the bill was released, saying, “This country needs a long-term plan to fix our roads, bridges, and other infrastructure, and this bill gives us our best shot at completing one this year. By providing resources through the end of the year, we can ensure construction continues while we work toward a package that could close the trust fund’s shortfall for as many as six years..” Prior to the House vote, the White House issued a statement supporting the five month extension despite Transportation Secretary Foxx’s earlier statements hinting that the Administration may not approve another short term extension.

In the Senate, Majority Leader Mitch McConnell (R-KY) has scheduled a procedural vote for July 21 at 2:15 PM that would being the process for consideration of the bill. The current Senate plan is to pass a long term authorization that will not be fully funded. Leader McConnell has been in discussions with Finance Committee Chairman Orrin Hatch (R-UT) and others about a potential list of “pay-fors” that would allow for a longer transportation authorization bill. The legislation may include most elements of the DRIVE Act passed earlier by unanimous support of the Environment and Public Works Committee. The DRIVE Act would increase annual funding levels by about three percent per year over current levels. Some are considering the possibility to deliver a full six years of contract authority at DRIVE Act levels with the intent of providing the revenue needed to support these funding levels in some future legislation - presumably a tax reform initiative.

Another piece of the puzzle fell into place on Wednesday when the Senate Commerce Committee passed the safety and freight titles of the legislation on a partisan 13-11 vote with no Democrats supporting. The Commerce Committee bill, which will ultimately be added to the DRIVE Act, includes an AGC-supported provision that would permanently exempt ready-mixed concrete delivery trucks from a portion of the Federal Motor Carrier Safety Administration’s (FMCSA) truck driver hour limits that require a 30 minute break during an 8 hour drive time. The bill also sets up expedited procedures for industries to seek exemptions from the driving limits. Democrat opposition to the Commerce bill is being addressed prior to action on the Senate Floor. Legislators are negotiating the transit portion of the bill and will incorporate it into the DRIVE Act.

Passage of a comprehensive Senate authorization bill is further complicated by Leader McConnell, who may also include an unrelated provision in the legislative package to reauthorize the Export-Import bank. Because the transportation bill is considered ‘must pass,’ it may be used as a vehicle for reauthorization of the Ex-Im bank which Senate and House conservatives oppose. Sen. Ted Cruz (R-Tex.) has threatened to filibuster the transportation bill if it includes the Ex-Im bank provision.

AGC and our coalition partners have communicated to the entire Senate our interest in a long term bill.  In addition all AGC members and chapters are encouraged to send a message to the Senate that now is the time to stop the endless extensions and pass a multiyear bill

For more information, contact Brian Deery at deeryb@agc.org or Sean O’Neill atoneills@agc.org Return to Top