Highway And Transportation Funding Act Of 2014
No, not at all. Please proceed. Mr. President, I would like to take my time off the general debate time; is that appropriate? I thank the Chair. I am so pleased to be on the floor because the Senate has to be heard on this issue of the…
No, not at all. Please proceed.
Mr. President, I would like to take my time off the general debate time; is that appropriate?
I thank the Chair. I am so pleased to be on the floor because the Senate has to be heard on this issue of the highway trust fund and our whole transportation system for that matter. I do wish to praise Senators Wyden and Hatch for coming together across party lines and making some real improvements in the pay-fors that are associated with this extension. I am very much in favor of the way they handled this bill, and I am also very much in favor of the way the pension smoothing was handled in the Carper-Corker-Boxer amendment because that does away with it altogether, because we shorten the timeframe so we don't need any pension smoothing in there.
Before I speak specifically about the wisdom of what the Finance Committee did and my hope that we can get it over the finish line today, I want to give kind of an overview of where we are in general.
For 2 years we have known that our Transportation bill expired September 30. We have known this for 2 years. Yet, and still, here we are at the 11th hour with an extension.
This is probably, I think, the 12th extension in a few years. I think that is so unfair to the people of this great country who rely on their bridges and their highways and their transportation systems. It is so unfair to the thousands of businesses that work to rebuild our infrastructure, and it is very unfair to the millions of workers who work in construction.
We still have 700,000 unemployed construction workers. When we do a piecemeal bill like this, of course, it is better than doing nothing-- there is no doubt about that; I would not argue that--but it still sends a message of indecision and, frankly, I think of incompetence on our part, and I step to the plate on that.
But I am very proud to say that my committee--100 percent bipartisan; we did not have a dissenting vote--passed the 6-year transportation bill. When we did that, I went to my colleagues and said: I know you have the hard job. You have to figure out the long-term funding. I want to help you. I came forward and I said: Why don't we look at several proposals. One is what they are doing in Virginia. This was a Republican idea. It is to do away with the gas tax completely and replace it with a fee at the refinery level. That would be a more broad-based tax. We would do away with the gas tax. No more Federal gas tax at the pump. That would solve our problems. You set it at a rate where it floats, and we would have 100 percent certainty. Senator Wyden was quite open to it. He took a look at it. I know he floated it. Clearly, we did not have the type of support we would need.
Then the Chamber of Commerce and the AFL-CIO said: Do you know what. We have not raised the gas tax in 21 years. Mr. President, we have not raised the gas tax in 21 years. I did a little reading and found out the first President to initiate the gas tax--and I say to Senator Hatch, he might be interested in this--the first President to formulate a gas tax--and it came in at a penny--was Herbert Hoover. The next President who raised it was President Eisenhower, who had that great vision to then put it into a trust fund for highways, and he raised it a couple of cents. So it was about 3 cents. The next President to raise it was President Reagan. And the next President to raise it was George Herbert Walker Bush. They were all Republican Presidents. Then President Clinton raised it.
Clearly the Congress supported it each and every time because it is a user fee. So that is an alternative. There are many other ideas. I know Senator Wyden and Senator Hatch have a number of ideas, and I know Senator Hatch prefers a user fee. It makes sense. But because of the time crunch--because of, because of, because of--we did not get it done.
I am proud. Senator Vitter is proud. We got it out of our committee, a 6-year bill. It is not a great, massive bill. It just takes the current program, adds inflation, and extends it for 6 years. I can tell you, if Senator Vitter and I can agree, if Senator Carper and Senator Barrasso can agree, if Senator Cardin can agree with Senator Sessions, and Senator Sanders with Senator Fischer--I could go on. Our committee goes from left to right, and everybody agreed we should have the 6-year bill.
So as I stand here today, I am distressed that we do not have that before us, but I am still grateful to my friends for doing what they could politically do. But I feel it is a sad day for us, and I know and I hope we pass this Wyden-Hatch substitute. It is a much-improved way to pay for the extension. But we are extending all the way to May, right up against the next construction season. Now, if you are a State--whether it is Utah or California or West Virginia or Maryland or Oregon; it does not matter--you are not going to enter into any agreement. No businessperson is going to take this on where you do not know what the future holds.
So we are putting it off again, and it is sad we are doing it, and we have 60, 70, 80 groups out there, which I will list later, that are supporting our shortening the timeframe.
Now, my friend says artificial deadlines are bad. But let's face it. Their bill raises--I think it is $11 billion. Am I right on that? So we know it takes it to May 31. That is their deadline. Our bill, in the Carper-Corker-Boxer rewrite, takes it to December. We cut it back. We totally eliminate pension smoothing--totally eliminate it--and we take it back to $8 billion, and that forces us to do the job in December.
Look, this Congress has to do its work. The trust fund expires during this Congress. Now we are kicking it down the road to the next Congress.
Whatever the Senate wishes, I will go along with it. If the Senate says, no, we are going to go with that longer term extension, so be it. I will fight just as hard to move forward with a 6-year bill, I say to my colleagues, when we get back or in a lameduck.
I want to close by talking a little bit about pension smoothing for just a minute because I so agree with Senator Hatch when he says this is not his favorite thing. It is not my favorite thing either, and we come from different sides of the aisle.
So just to be clear, what we are saying to companies is, you can set aside less money for your pension requirements to your employees. Now, I have to admit in the light of day, I voted for that the last time when Senator Baucus brought that forward. I did. But it also was a company buy, an increase in the amount of money companies had to pay into the Pension Benefit Guaranty Corporation. If a company goes broke and they cannot pay their pensions because they have not set aside enough--and with our help they are not having to set aside enough--what happens then? The Pension Benefit Guaranty Corp kicks in, and that is funded by the companies. But if that does not have enough--and my information is it is short $34 billion, as we speak--the taxpayers will have to bail it out. So this pension smoothing is really, really dangerous. It is an offset that is not a good one.
Now, the Wyden-Hatch proposal is much, much better than the House proposal because it cuts it basically in half. The Carper-Corker bill cuts it out completely. So we just have to step to the plate. I think Senator Wyden is right. Here we are bailing out--if I could use those terms--the highway trust fund until May, while we set up another potential weakness in our pension system. It is not smart. It should not be done. We had 2 years to figure this out.
But no question--no question--the Wyden-Hatch proposal is a far better proposal. Just making sure people pay their taxes, that is something we should all believe in, and, for the first time, the two Senators brought that issue forward to a successful conclusion. I am very, very grateful to them for that. So I very strongly support this.
I hope we will see a lot of support for the amendment that Senators Carper,
Corker, and I brought forward because we do away with pension smoothing. So if you do not like pension smoothing, vote for that one; and we cut back the money so we can take this whole thing up in December and give some certainty to all the groups out there, whether it is the Chamber of Commerce or the general contractors or the cement people or the gravel people or the AFL-CIO or the laborers. All these folks want to make sure we are not just doing a little cut and paste and get us up against the next thing.
I keep saying ``in closing,'' but I really mean it now. What you are dealing with here, if you want to use an analogy, is: You find a house you really like, so you go to the bank, and the bank looks at you and says: Well, you are a good risk. Yes, we will definitely give you a mortgage, but it is only for 9 months. Nobody is going to take that mortgage. Our States are not going to enter into 3-year contracts when they know they only are going to get the funding for 9 months. We have an amendment by Senator Lee which would cut the Federal Government's ability to help the States and wind up with an 80-percent cut in funding. So it is very risky moving out with all these things hanging over our head.
But I am still pleased with what the Finance Committee did. I thank Senators Reid and McConnell for allowing us to have this time on the floor and all of my colleagues for agreeing, because this is a debate that has to start somewhere. So it is starting today. We know whatever happens, we are just doing a patch, and we are going to have to sit down together with good will and good ideas and solve this problem for the good of our country.
Would the Senator yield for a question?
I thank my friend. I wanted to ask him a question. Because I think the way the Senator responded to the Toomey amendment was exactly right on point. It was almost a deja vu as I listened to my friend from Pennsylvania, because he is not on the committee of jurisdiction. But we had this debate, as my friend pointed out. As a matter of fact, I started to get a little stressed as he related what we went through to get to the point where we have an expedited procedure that takes care of the problems my friend from Pennsylvania talks about.
But we do not throw out every landmark environmental law. That would be a disaster. I can give you an example and ask my friend if he agrees with this example.
I also want to point out the American Public Health Association strongly opposes Senator Toomey's amendment, because they know the health of the people is at stake.
But let's say you had a situation where you brought in a contractor to clean up after there was a disaster, collapse, let's say, of a highway. There was a body of water nearby. The contractor came in. Instead of having a good clean operation, he started dumping his fuel and chemicals and everything else into this waterway. Mind you, under our law he has already got an expedited permit, he is ready to roll. But he or she, they have to be good citizens and not make matters worse.
Does my friend not agree that these landmark laws, such as the Clean Water Act, the Safe Drinking Water Act, should be respected, and the Toomey amendment throws them out the window, and we can endanger the health of the people?
Mr. President, it is really almost hard to know where to start in my opposition to this amendment, but let me say that some people call it devolution, meaning you devolve all responsibility for the highways and transits to the States. I call it not devolution but complete and utter destruction of a system that has been in place that the States have grown to count on. That is why the States that my friend speaks from, the States' point of view--they oppose this amendment strongly. AASHTO--they represent not one State but every single State.
There are so many things my friend said that we can't refute--that a State should have the right to spend whatever they want. Sure, they can. They can spend anything they want right now. But they count on the basic bread and butter of these grants.
If we look at history, it has been Republican Presidents who have stepped to the plate on this all through history. That is why I think this is so radical. It is shocking to me. It is shocking to me because some of the biggest proponents of the Interstate Highway System and aid to the States have been Republican Presidents.
Let's be clear. If, God forbid, this were to become the law, immediately the States would see a cut in their transportation funding of 80 percent. That is my friend's answer to gridlock--cut the funding to the States by 80 percent.
The last time I heard and listened, we were one nation under God, indivisible. That is why the visionary Dwight Eisenhower saw this. He knew we had to be able to move equipment. He knew logistics because he was a general. He knew we were one Nation, sea to shining sea. And my friend would have us lose that.
I really wish my colleague Senator Inhofe would come to the floor because I think he has a voting record that is as conservative as any, and he feels transportation is a basic function, along with defense.
I think it is important to note that counties and cities and States depend on this program, and they have for years. Again, this is a national interest, to have this one Nation.
If we really want to see Republicans and Democrats united around the country, look at who is opposing the Lee amendment: the American Trucking Association, the American Road and Transportation Builders Association, the American Society of Civil Engineers, the American Highway Users Alliance, the National Stone, Sand, and Gravel Association, the general contractors, the Associated Equipment Distributors, and the Association of Equipment Manufacturers. And if they agreed with Senator Lee--set us free; set us free; we are going to build so much--I don't know what he is talking about, set us free. Set us free with 80 percent less money? That is really great. What are we going to build? Nothing. We are going to have to raise taxes. I was a county supervisor. That doesn't work.
Proponents of this amendment weakly claim that with the completion of the interstate system, we don't need a Federal role in transportation. Well, guess what. We have to maintain our Federal highways even though they have been built. We have to maintain our bridges even though they have been built.
I said on a TV show the other day: I know I have gotten a little older. I need more maintenance. That is just the way it is. I am not happy about it.
Stop laughing. But that is a fact of life.
So don't tell me ``we are free at last; do away with this'' and then think the States are going to be happy when the very States my friend says he speaks for are totally against his amendment. We would be massively cutting transportation infrastructure spending.
Let's talk about the impact on thousands of businesses and millions of workers. I don't know if we have the picture of the stadium. I wish to show my friend--when he comes here and makes an ideological speech, I like to talk about the real world. Here is the real world. This is a Super Bowl game. This is a stadium that holds 100,000 people. We have seven stadiums full of unemployed construction workers. He wants to cut the Federal involvement by 80 percent. Just don't see some of these workers. It started out that we filled 20 of these stadiums in the height of the recession. Now we have got it down to seven, and we still don't have enough work.
And this isn't make work. This is work our American businesspeople want. This is work our American workers want. This is work that can't be outsourced. This is work that pays a good wage. What a time to cut back our investment by 80 percent and sock it to the workers.
The same people who vote for this amendment won't raise the minimum wage--support this pension smoothing that is taking away dollars from our employees' pensions.
So I am at my wit's end to understand. My friend is a nice man, and I know he believes this. But don't come on the floor and say let's forget about Eisenhower's vision and have a new vision, which is that there is no more Federal role.
Some will get up and say: Maybe it is better to do this than to do nothing. Maybe this is better.
No. We have to do our job around here, and that is a multiyear bill. We are faced with a short-term extension because we haven't done our work.
Senators Carper and Corker and I are going to put forward an amendment that is going to force us to do our work in December if we are lucky enough to have it passed. We hope it will pass because if we vote for that amendment, we are cutting back the short-term money we have to pay, and we are cutting back the time. And that is good. But we are not walking away from the responsibility we have as a nation, one nation under God, indivisible, from sea to shining sea, a vision of America that my friend's amendment would destroy. It is not devolution, it is destruction, and I hope we will vote no.
I thank my colleagues, and I yield the floor.
Mr. President, I will be very brief. I know my colleagues want to present the Carper-Corker-Boxer amendment. I will just say that we just did the math. The Senator cuts the gas tax to such a degree that the States would get an 80-percent cut. The Senator can do the math himself, but I am happy to work with the Senator on it.
It is not convenient--it is not right to speak about another Member when they are not here, but my understanding is Senator Inhofe does not currently support this. I could be wrong. We will find out in a couple hours. One of us can apologize. But I will apologize if I misstated his objection to this.
I yield the floor.
Amendment No. 3583
Mr. President, I wish to thank Senator Corker for his remarks because I have been here a while, and I haven't heard a more honest speech in my life on the Senate floor. I haven't heard a more passionate speech, a speech in which the Senator just spoke from his heart and with his brain, which is quite competent. I thank the Senator for it because there are some times when you do feel like shouting. I guess that was a movie, ``I Can't Take It Anymore.''
It is ridiculous that we are where we are. We knew for 2 years--2 years--that the highway trust fund was going to run out of money. We knew it for 2 years. That is why in May Senator Vitter and I, Senator Carper, Senator Barrasso, and others on both sides of the aisle passed a 6-year bill. We knew it was coming. We wanted to wake up our colleagues. And we did wake them up but, sadly, to a short-term fix instead of a long-term fix, a multiyear bill.
I so agree with my friend. It is the political will that is lacking. There is always an excuse followed by an excuse. The next thing we know they will say: The dog ate my homework. We have heard every excuse. And the Senator is so right. We will be in Presidential races, and then we will start with more Senate races and more congressional races, and people won't want to take a tough vote again.
This is the greatest Nation on Earth, but we have to reflect the greatness in our work here, and we are not.
The one thing I disagree with my friend on--he said we are only doing one thing in this amendment. We are actually doing two things in this amendment. One is we are getting rid of that gimmick called pension smoothing. I have kind of studied it over the last few weeks to really understand what we are doing, which is when you use this pension smoothing, you are saying to companies: Don't put any money into your pension obligations. And through some smoke and mirrors--because then it means they get to pay a little more income taxes--by the way, some don't pay more income taxes--it comes out a plus. The fact is, it is in essence telling companies they don't have to set aside money for their workers' pensions. That is not something that is good, especially since the pension guaranty corporation is short $34 billion.
I don't know if my friend knows this. The last time we used pension smoothing for a short-term fix, at least we had in the committee a comparable measure that ensured that companies gave more to the pension guaranty corp. So although they had a chance not to put the money into the pensions, they did have to pay more to the pension guaranty corp. If the pension guaranty corp. isn't there--the Pension Benefit Guaranty Corp. is broke--the taxpayers have to pick up the tab. I am looking at my friend in the Presiding Officer's chair, the Senator from Massachusetts, Ms. Warren, who knows what happens when everybody is broke and the Federal Government says: Oh my God. That is too big to fail.
So this attack that you make on smoothing as a gimmick--it is worse than a gimmick because it has real-life impacts, and those real-life impacts are that the companies aren't putting aside enough money. So let's think about what we are saying. We are saying the highway trust fund is going broke, so to fix it we are going to endanger another fund, the pension funds of our workers. That is terrible.
That is why I love the Carper-Corker-Boxer amendment, and I thank my friends for their leadership on the pay-for. It does two things, this good amendment. It says we are not going to use the smoothing; we are going to protect our pensions. Secondly, we are going to attack the long-term issues of the highway trust fund in December, in the lameduck, after the elections, and everybody knows that is the best time to do it.
So I stand proudly with my friends. I hope we pass this. I don't know what happens or what the House will do, but my dad used to say you can only control what you can control. We can't control them, but we can control us.
So I hope anyone listening to this debate--I am going to support the Wyden amendment because it does strip some of the pension smoothing. I am going to oppose the Toomey amendment and the Lee amendment because I think they are dangerous, and I am going to strongly support the Carper-Corker-Boxer amendment.
I thank my colleagues. I know there is some very important business about to come to the floor, so I will yield the floor at this time.
Madam President, I know my friends Senator Mikulski and Senator Shelby are doing everything they can to work the will of the Senate. I know how they both want to get something done on this appropriations bill.
I simply want to say that I looked at the modification of my Republican friend--and he is my friend--that he offered, and I think for the good of America, who could be watching, I want to make a couple of points that will take me 30 seconds.
First of all, there is no limit on the number of amendments. We do not know if it will be 5, 10, 20 or 1,000 or 2,000 or 1 million. We have no idea. They would not even have to be related to the bill at hand, and they will not tell us what this list of amendments is.
I have looked back at some recent requests, and I want to be very honest with my friend. The recent requests I have seen before have been attacks on the Clean Air Act, attacks on the Clean Water Act, attacks on the Safe Drinking Water Act, attacks on women's health care. Frankly, that is not something I can agree to.
So I just want to say I am so saddened that we cannot seem to take up the most popular bill. I know how hard everybody has worked on MILCON- VA, and my friend, Senator Shelby, said: Our side is eager to schedule floor consideration of appropriations bills. Well, if they are really eager, they should work together with Senator Mikulski. You could not find anyone more fair. Get a finite list of amendments. If they are controversial, we have the 60-vote threshold. We know how to do our work around here.
So I am sorry it has come to this, and I appreciate the leadership of both Senators.
Madam President, reserving the right to object, will we still have 2 minutes before each amendment then? It will be in between?
I thank the Chair.
Parliamentary inquiry.
Have the votes been set for a certain time?
Madam President, if Senator Wyden would like this time, I think that would be really appropriate to sum it up in the 1 minute we have. If there is an opposition person, they can speak. I think the Senator should sum it up in 1 minute.
Madam President, I wish to speak to Senators for a minute and tell Members this amendment is the end of the Federal highway system. The States oppose it.
My friend from Utah gave a very impassioned speech earlier in which he essentially said: Free the States. Let them be free. But the States oppose this amendment. The American Association of State Highway and Transportation Officials strongly oppose it and so does the U.S. Chamber of Commerce, the American Trucking Associations, American Society of Civil Engineers, the National Stone, Sand, and Gravel Association. The fact is it would result in an immediate 80-percent cut to our States at a time when we still have 700,000 unemployed construction workers and thousands of businesses that are waiting--just waiting--to rebuild the infrastructure.
I hope Members will vote no on this radical amendment.