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Surface Transportation Reauthorization
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Statement of
Donna McLean, Assistant Secretary for Budget and Programs and Chief Financial Officer
United States Department Of Transportation
Before the
Committee on Transportation and Infrastructure
Subcommittee on Highways and Transit
United States House of Representatives
Hearing on Ensuring the Integrity of the Highway Trust Fund
March 20, 2002

Mr. Chairman and Members of the Subcommittee, thank you for the opportunity to testify today on Ensuring the Integrity of the Highway Trust Fund. I would also like to thank you for your leadership in scheduling this hearing and others in preparation for the reauthorization of the surface transportation program. We at the Department of Transportation are looking forward to working with this Subcommittee and with Congress to shape reauthorization proposals. Working together, we can meet the transportation challenges facing our Nation and support a transportation system that meets the safety, environmental and economic needs of the American people.

Establishment of the Highway Trust Fund

The Highway Trust Fund was established by the Highway Revenue Act of 1956 in part to finance the increased authorizations Congress provided for the construction of the Interstate System. While Federal highway user taxes existed prior to that time, they were deposited in the General Fund of the Treasury and there was no tie between revenues collected and Federal funding for highways. Although a 40,000-mile National system of Interstate Highways was authorized to be designated in 1944, little progress had been made on the system until President Eisenhower signed the Federal-aid Highway Act of 1956, to which the Revenue Act was a companion, thereby increasing annual funding for this national system from $175 million in 1956 to $1.17 billion in fiscal year (FY) 1957 and rising to $2.2 billion in FY 1960. To finance this massive public works project, the Revenue Act increased some of the existing highway user taxes, established new ones and provided that the revenues from most of these taxes would be credited to a Highway Trust Fund.

From its inception, the Highway Trust Fund was not used exclusively to fund the construction of the Interstate System, but has supported other highway programs as well. In fact by the mid 1970s, over one-half of the funds from the Highway Trust Fund went toward non-Interstate System programs. In 1973, eligible Trust Fund uses were increased to permit States to use a portion of their highway funds on transit projects. The

Surface Transportation Assistance Act of 1982 raised the fuel tax by 5 cents per gallon, from 4 cents to 9 cents-the first increase in 23 years-to fund an expanded highway and transit program. The 1982 Act also established the separate Mass Transit Account within the Highway Trust Fund, dedicating to it 1 cent per gallon of the 9 cent Federal fuel tax. By this time, work on the Interstate System-the original impetus for establishing the Highway Trust Fund-was 95.3 percent complete. Yet Congress recognized that increased Federal investment in surface transportation supported by dedicated user fees in the Highway Trust Fund continued to be important and necessary.

Since that time, the gasoline tax has been increased twice, most of which was for deficit reduction, but these deficit reduction levies have since been redirected to the Highway Trust Fund providing increases to both the Highway and Mass Transit Accounts. Currently, the gasoline tax is 18.4 cents per gallon with all but 0.1 cent dedicated to the Highway Trust Fund. It was the redirection of the deficit reduction taxes that increased the Highway Trust Fund revenue stream and enabled the 40 percent increase in authorizations for highway and transit programs in the Transportation Equity Act for the 21st Century (TEA-21).

The Highway Trust Fund has been a reliable and stable source of funding for surface transportation for 45 years. The Trust Fund concept of dedicating motor vehicle fuel and truck taxes to transportation needs has enjoyed wide public support as a fair and prudent way to fund transportation improvements. This dedicated revenue source has given the Federal Government and, in turn, State and local governments, the ability to plan for transportation needs in the future.

New Budgetary Treatment in TEA-21

TEA-21 enhanced the link between highway user tax receipts and surface transportation funding by legislating the guaranteed funding concept. This guarantee provided assurance that the set amounts, based on estimated tax receipts, would be available for obligation. For the highway program, the guaranteed level is adjusted each year to reflect the latest information on actual and projected receipts to the Highway Account of the Highway Trust Fund. This adjustment is usually referred to as revenue aligned budget authority or RABA. To date, these adjustments have added over $9 billion to the highway program above the original TEA-21 guarantees. The recent downturn in the economy resulted in the first negative adjustment of $4.4 billion to the original TEA-21 guaranteed level for FY 2003.

Even with the negative outcome for FY 2003, the RABA adjustment process has been beneficial to the highway program with a cumulative net gain for the highway program of $4.7 billion since the beginning of TEA-21. Linking highway spending to Highway Account receipts is an important principle of TEA-21, but a modification in the formula for calculating the RABA adjustments to the guaranteed level for highways would help avoid large year-to-year swings in funding. We are examining alternatives to the current adjustment formula and will include our recommendations in the Administration's proposal for the reauthorization of the surface transportation programs. Guaranteed funding is one of TEA-21's biggest success stories and should be retained and refined in reauthorization. We want to work with you in this effort.

Future Highway Trust Fund Receipts

As has been recently demonstrated, the receipts to the Highway Trust Fund generally reflect the economy at large. The Administration's current economic forecast anticipates steady growth in Highway Trust Fund receipts on the expectation that the recession will end early this year and that a strong recovery will be underway later in the year.

The economy and the related travel demand are not the only factors that influence Trust Fund receipts. Concerns about air quality and dependence on foreign oil have resulted in legislative measures, including tax reductions and credits aimed at encouraging the purchase of alternative fuel vehicles and use of alternative fuels, as well as laws to promote automobile fuel efficiency. Some of these measures reduce fuel tax income to the Highway Trust Fund by reducing fuel consumption, encouraging use of fuels that are taxed at lower rates or fuels that are not taxed at all.

Alternative fuels have remained a small part-about 0.2 percent-of the overall motor fuel supply. A number of the alternative fuels, such as liquefied petroleum gas (propane), liquefied natural gas, and methanol fuels are taxed at rates that are comparable to gasoline when the energy content of the fuel is considered, so increased use of these fuels has no impact on Trust Fund receipts. Compressed natural gas is taxed at a low rate and hydrogen or electricity used as motor fuel is not taxed at all. The Administration is supportive of increased use of alternative fuels, and we do not anticipate that their use will grow fast enough to be a problem for Highway Trust Fund revenue during the coming reauthorization period.

Gasohol-a blend of gasoline and ethanol-presents a different situation. Gasohol can be used in the same vehicles that use gasoline. The ethanol content serves as a fuel oxygenate that reduces motor vehicle tailpipe emissions, an octane enhancer, and extends the automotive fuel supply with a renewable, non-petroleum fuel. Gasohol can be used to meet Clean Air Act requirements for the use of reformulated gasoline or oxygenated gasoline used to reduce ozone or carbon monoxide pollution. Because of these desirable characteristics, there are tax incentives that serve to make gasohol price-competitive with gasoline. These incentives are in the form of an income tax credit or a partial exemption from the gasoline tax. The President's National Energy Policy calls for the extension of the ethanol incentives beyond their current sunset date.

There is a second receipt impact from the use of gasohol. The General Fund of the Treasury receives 2.5 cents of the tax proceeds from each gallon of gasohol. This is a remnant of a deficit reduction levy of 2.5 cents per gallon on all highway fuels that began in December 1990. The proceeds of the 2.5 cents per gallon on other highway fuels were redirected to the Highway Trust Fund in October 1995, but the 2.5 cents per gallon from gasohol have not been redirected.

Future of the Highway User Tax Structure

The Administration is working on its reauthorization proposals related to the Highway Trust Fund, but at this point we are not envisioning moving from the basic user-tax structure that has served the highway and transit programs so well.

Motor vehicle fuel taxes are the lifeblood of our highway revenue programs, with taxes on gasoline and diesel providing roughly 88 percent of projected receipts flowing into the Highway Trust Fund over the next 10 years. Fuel taxes are relatively easy to administer and they provide a reasonable way to charge vehicles in rough proportion to highway use. Even though we think motor fuel taxes will remain a major source of highway finance in the foreseeable future, we also recognize that a number of factors, such as fuel tax evasion, alternative fuels, and more fuel-efficient vehicles could affect the revenue productivity of our current motor fuel tax structure. Vehicle mileage taxes and vehicle registration fees have been suggested as possible future supplements to or replacements for Federal fuel taxes. These alternatives have important revenue implications, which we believe must be examined during the next reauthorization period to prepare us to ensure the long-term revenue needed for surface transportation programs. It is too early at this time to predict the future path of these alternatives, such as determining which alternative fuels will be winners in the marketplace. The only certainty is that we will need to adapt our fuel tax provisions in the future to account for these changes.

I have presented data today on the revenue effects of various changes in fuel usage to help establish a clear factual record of the status of the Federal Highway Trust Fund. I want to clarify that my statement does not represent an Administration endorsement of any tax increase or any new tax.

Mr. Chairman, this concludes my prepared remarks. I look forward to working with you on surface transportation reauthorization. I would be pleased to answer any questions you have.