Experts Say GOP Gains in House Could Boost ‘Devolution’ Efforts

This story appears in the Oct. 27 print edition of Transport Topics.

If Republicans retain control of the House in the midterm elections, as political observers are projecting, it could provide a boost to tea party-backed legislation designed to enhance states’ responsibilities over transportation planning.

Republicans appear positioned to increase their majority in the House by as many as 10 seats in the Nov. 4 elections, according to David Wasserman of the Cook Political Report.

Rep. Tom Graves (R-Ga.) and Sen. Mike Lee (R-Utah) have said they plan to push ahead with their legislation after the elections to “devolve” transportation responsibility back to state governments and away from federal agencies.

The bill would almost completely defund the federal Highway Trust Fund within five years, something experts, such as Deron Lovaas, director of transportation policy at the Natural Resources Defense Council, say would hurt the U.S. transportation network.

“I think people in the transportation world are pollyannish if they dismissed [‘devolution’] outright as a possibility because I think it’s very possible. And I know it probably seems hard to imagine for a lot of the old hands in the transportation industry, but this is a different era in terms of politics and these programs,” Lovaas said.

He added that “the consequences would be pretty devastating” under devolution.

Joshua Schank, executive director of the Eno Center for Transportation, agreed, noting he is not optimistic Congress will advance a long-term highway policy bill based on the recent legislative gridlock on Capitol Hill.

Bill Graves, president of American Trucking Associations, warned against devolution at the federation’s annual conference this month in San Diego.

“As an industry that is engaged in interstate commerce, we simply should not support an approach that will create a divergent level of support from each of the 50 states,” Graves said.

Below are several incumbents to watch in the devolution debate in the coming months:

Rep. Tom Graves (R-Ga.):Although running unopposed, as the main sponsor of the House’s “devolution” bill, Graves remains on the transportation community’s radar. His Transportation Empowerment Act (TEA) would turn control of federal highway programs to states by incrementally reducing federal fuel taxes and the authority of the federal agencies.

If enacted into law, the legislation essentially would empower states to fund and manage their transportation programs and priorities. The bill is opposed by most leading transportation groups. GOP stalwarts, however, strongly back it.

Rep. Paul Ryan (R-Wis.), the party’s most recent vice presidential pick, praised Graves’ bill, noting: “They want to give states more control over our highways so that they can build the roads they need, because we believe families should spend less time in traffic and more time at home.”

Graves is a member of the appropriations panel that approves funding for the federal agencies. With the upcoming retirement of several senior transportation appropriators, Graves’ influence on Capitol Hill is on track to increase dramatically.

Rep. Blake Farenthold

(R-Texas):Farenthold is facing off against Democrat Wesley Reed and Libertarian Roxanne Simonson in a bid to continue to represent a stretch of the U.S. border with Mexico.

Farenthold, a member of the Transportation and Infrastructure panel, has said Congress should help ensure the modernization of the transportation system, especially ports looking to accommodate larger ships coming through the Panama Canal.

At hearings, he has cited the value of intermodal connectivity and tapping into domestic sources of energy.

Farenthold arrived at Capitol Hill with the 2010 tea party class. Despite his enthusiasm for transportation issues, industry observers expect him to embrace his tea party initiatives and oppose long-term federal transportation spending measures.

Rep. Scott Rigell (R-Va.):Rep. Scott Rigell (R-Va.) has been positioning himself as a moderate to win re-election. He is doing so despite pressure from tea party colleagues, political observers said.

Rigell faces Democrat Suzanne Patrick, a retired U.S. Naval Reserve commander, in the general election. Neither candidate faced a primary challenger.

He arrived in Congress during the 2010 tea party wave, defeating Democratic incumbent Glenn Nye by a significant margin. But he was narrowly re-elected during a presidential year that saw Virginia vote for President Obama.

Observers note he has walked the political lines carefully, abandoning his Americans for Tax Reform pledge as a way of appeasing moderates and independents.

The congressional district is home to a major marina with large ports that command federal attention. Last year’s two-week government shutdown hit Rigell’s coastal working class and military community hard.

The district has demonstrated a reliance on federal transportation dollars, but a vote against devolution could cost Rigell tea party support.

Rep. John Delaney (D-Md.) vs. Dan Bongino (R):Since losing to Sen. Ben Cardin (D-Md.) in 2012, Bongino has been mobilizing Maryland conservatives in his bid to unseat Rep. John Delaney. The tea party-backed Bongino supports devolution and called Delaney’s signature infrastructure legislation “more big government.”

Last year, Delaney introduced the “Partnership to Build America Act,” which would establish a fund supported by the sale of $50 billion worth of infrastructure bonds. They would have a 50-year term and pay a fixed interest rate of 1%.

Although most operatives say Delaney likely will win the contest, Bongino’s attacks could hinder Delaney’s quest to help advance a bipartisan transportation bill.