Senate clears transportation extension

Friday, March 30, 2012

Senate clears transportation extension

By:  Kathryn A. Wolfe, Politico, March 30, 2012

Congress dug itself out of a hole of its own creation by clearing a transportation extension Thursday, but not before generating a lot of hot air - and heartburn for people with a stake in transportation programs.

The Senate cleared the bill by voice vote, following on the heels of House passage, 266-158. Lawmakers have now given themselves a three-month window to come to some kind of agreement on a longer-term transportation bill.

But finding a more permanent solution may be even harder, judging by the amount of partisan rhetoric generated by an extension that's typically considered routine. This is the ninth such extension enacted since the last transportation law expired in 2009.

Democrats spent much of the week throwing up roadblocks to an extension, insisting that the House should take up the Senate-passed, two-year transportation bill - something Republicans have been loath to do.

"Here we are debating a politically charged and partisan bill that just kicks the can down the road a few months," said Rep. Jim McGovern (D-Mass.), who called the fight a "manufactured crisis." On Wednesday evening, Rep. Louise Slaughter (D-N.Y.) said asking lawmakers to pass a three-month extension was "almost insulting."

Rep. Richard Nugent (R-Fla.) countered that the Senate's two-year bill - in a world where transportation bills typically are at least five years - is little more than an extension itself.

"A two-year fix in this industry is like nothing at all," Nugent said. He said it's just enough for state transportation departments to "keep their doors open."

House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) also countered that Democrats were happy to support multiple extensions in previous years, including when Democrats controlled the House.

Indeed, House Democrats overwhelmingly supported the previous eight transportation extensions, five of which have run only for a month or two.

Peter DeFazio (D-Ore.) dismissed suggestions of hypocrisy, saying, "We're too far down the road, and we didn't have an alternative then."

Though most of the Beltway denizens who care about transportation spending never expected Congress to do anything but push an extension through, lobbyists have been watching Democrats' crusade with a wary eye just the same.

One highway lobbyist said Democrats could have had a slightly shorter extension - 45 to 60 days - and more of a commitment from House Speaker John Boehner on going to conference on a longer bill, "but they screwed up by trying to strong-arm the speaker."

 "Boehner may come around to negotiating policy and offset differences within the context of the Senate-passed bill, but he sure as hell isn't going to do that on an artificial, Senate-imposed timeline. This program has survived for nearly three years on temporary extensions - it can manage to tolerate a couple more months," the lobbyist said.

Earlier this week, Mica suggested Boehner and Senate Majority Leader Harry Reid had worked out a deal involving a two-month extension.

Reid's office would not confirm such a thing, but aides and lobbyists familiar with back-channel negotiations said discussions between the House and Senate leadership were real and involved the Senate supporting a two-month extension. They said Boehner was angling for quick movement to conference on a "shell bill" heavy with energy provisions - the only part of the House's earlier transportation package Republicans have been able to get passed.

The ultimate endgame for the long-term bill is as unclear as ever, particularly since Sen. Mary Landrieu (D-La.) announced that she will object to moving any more transportation extensions this year.

And the need for another extension seems likely, given the difficulties the House has had moving anything at all and the complexities inherent in negotiating a transportation bill. To meet that time frame, the House would have to regroup, pass a bill and work through a conference agreement with the Senate.

A close examination of the congressional calendar pushes the goal line even farther away. Within that three-month time span, the House will be in session for just 31 legislative days, the Senate for just 45.

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