Congress this week again extended SAFETEA-LU by approving H.R. 4281, what might reasonably be labeled the kicking-the-can-down-the-road road bill. This 9th extension buys 90 days of time for the House and Senate to come to terms on a new, surface transportation authorization measure. And while putting off a decision on a multi-year bill is not favored by stakeholders, the alternative—a complete expiration of program authority—would be far more problematic (“a devastating shutdown of highway and bridge projects”).
The Senate-passed MAP-21, S. 1813, which garnered 74 votes in that chamber, was touted by Senate and House Democrats as the simple answer to the House Republican Leadership’s unprecedented dilemma of having difficulty amassing sufficient votes to approve a surface transportation bill that was reported from committee nearly 2 months ago. But that short-cut to a final bill was unlikely for reasons including House rules. House Members approved the extension, through June, by a vote of 266 to 158. The vote was held off until a couple days before SAFETEA-LU was to expire, and with legislators about to start a two-week recess, in order to give the Senate side few options other than to take the House extension or risk program shutdowns.
Attempts were made by Environment and Public Works Committee Chairman Barbara Boxer (D-CA) to have the short-term H.R. 4281 replaced by her 2-year MAP-21but her motions failed to win the necessary unanimous consent as Minority Leader Mitch McConnell (R-KY) objected each time. If Senator Boxer had succeeded the bill then would have to go back to the House where one might expect it to be blocked, MAP-21’s bipartisan credentials notwithstanding. (That doesn’t mean that the Senate bill doesn’t stand a chance on the House side. Expect the pressure to build if the Majority continues to struggle in assembling votes for its version, H.R. 7, the American Energy & Infrastructure Jobs Act.)
What now? Republican Leadership and John Mica (R-FL), chair of the Transportation and Infrastructure Committee, continue their recruitment effort to get sufficient votes to pass H.R. 7. They face the opposition of many Democrats, which puts much of the onus on the majority side to produce the votes. The lack of earmarks in the bill certainly doesn’t help that, but then part of the problem all along has been that the Republican Conference’s anti-earmark freshmen just have not warmed to the idea of a 5-year, $260 billion dollar transportation bill.
And if you think a 90-day extension actually gives Congress 90 days to find common ground you don’t know Washington math. There are fewer more than 30 legislative days on the calendar between today and the start of July…when the next extension may be needed.
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