CONGRESSIONAL UPDATE

CONGRESSIONAL UPDATE
February 17, 2012


House and Senate Floor Considerations of Reauthorization Bills Move Slowly

Congressional surface transportation reauthorization efforts stalled this week. The House and Senate were each scheduled to address – possibly finalize -- their respective surface transportation reauthorization bills. However, continual political complications underscore that legislation is being crafted during a presidential election year.

In the House, House Speaker John Boehner (R-OH) has made it a top priority to pass H.R. 7, the American Energy and Infrastructure Jobs Act. The House bill, however, has attracted controversy on many issues, including the elimination of the Federal fuel tax as a dedicated source of funding for transit programs; the use of changes to Federal employee retirement as a pay-for; the expansion of oil and gas exploration in areas some consider too environmentally sensitive; spending levels that have dismayed some conservative interest groups; and a bill development process that many Democrats considered too partisan and exclusive. The diverse array of these concerns has challenged the arithmetic of getting a majority of the House to vote in favor of the legislation.

The House Rules Committee announced plans to divide the current legislation into three more politically palatable components that would be more likely to draw votes but support still appeared tepid. In light of the uncertainty regarding sufficient backing for the bill, Boehner announced that House floor consideration of the bill would be delayed until after next week’s Presidents’ Day holiday. In football parlance, quarterback Boehner opted to throw a pass to a receiver, who then immediately stepped out of bounds to stop the clock. Republican leadership will likely use this time to test the viability of alternative legislative provisions and of different procedural scenarios. House Transportation and Infrastructure Committee Ranking Member Nick J. Rahall (D-WV) told reporters on Wednesday that “The Republicans’ reckless attempt to jam through a partisan surface transportation bill that will never see the light of day has just backfired. Every day House Republicans refuse to return to the drawing board and work to develop a bipartisan bill is another day we waste in putting Americans back to work rebuilding our nation.”

The Senate also faced political hurdles this week. S. 1813, Moving Ahead for Progress in the 21st Century (MAP-21) has had more bipartisan support. Esoteric Senate rules, however, make it easy for just one senator to impede the entire floor progress of legislation. Senator Rand Paul (R-KY) suspended consideration of MAP-21 for two days seeking assurance that he would get a vote on his proposed amendment to the bill that called for the cessation of government subsidies to Egypt. Senate Majority Leader Harry Reid (D-NV) on Friday lost a procedural vote to determine the rules for the first stage of floor consideration of the reauthorization bill when the Senate returns to business. The Senate resumed consideration of S. 1813 this afternoon before their departure for the Presidents’ Day holiday.

Like the House, the Senate will have (at least) dozens of amendments to address during floor deliberations, which may occupy weeks of floor time. Some Republican members expressed concerns that non-transportation-related funding would be added to the traditional Highway Trust Fund financing mechanisms and others in the GOP objected to what they saw as long-term pay-fors to cover a two-year bill. Several senators are also opposed to a freight component sponsored by Senator Frank Lautenberg (D-NJ). Reid indicated his frustration to POLITICO that his colleagues were promoting non-germane amendments, saying “We just can't let this bill be sidetracked with all these extraneous issues."

The provisions of both the House and the Senate bills are also being impacted by the deliberation of bills outside of the transportation arena. For example, Congress has chosen to use as an offset for the payroll taxes extension bill some revenue elements that had previously been reserved for use in the House transportation bill, creating a hole in the transportation bill’s revenue package.

The current SAFETEA-LU extension runs out in 44 days on March 31. There have been eight short-term extensions since the multi-year law SAFETEA-LU expired on September 30, 2009.


Statement of Administration Position re: H.R. 7 –
The American Energy and Infrastructure Jobs Act

On Wednesday, the White House issued the following Statement of Administration Policy (SAP) on H.R. 7 – The American Energy and Infrastructure Jobs Act.

http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr7r_20120214.pdf

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 14, 2012
(House Rules)

STATEMENT OF ADMINISTRATION POLICY
H.R. 7 – American Energy and Infrastructure Jobs Act of 2012 (Rep. Mica, R-Florida, and Rep. Duncan, R-Tennessee)

The Administration strongly opposes the Rules Committee Print of H.R. 7, which includes H.R. 3408, the Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security (PIONEERS Act) and H.R. 3813, the Securing Annuities for Federal Employees Act of 2012. H.R. 7 does not reflect the historically bipartisan nature of the Transportation and Infrastructure Committee. The Administration has serious concerns with provisions in the bill that would make America’s roads, rails, and transit systems less safe, reduce the transportation options available to America’s traveling public, short circuit local decision-making, and turn back the clock on environmental and labor protections.

This bill would reduce safety throughout the Nation’s transportation system by failing to make necessary investments in roads and bridges, limiting funding to State and local governments for highway safety, and repealing requirements that help ensure the safe handling of hazardous materials by railroads. The bill also fails to adequately improve transit safety in accordance with recommendations of the National Transportation Safety Board and legislation submitted by the Administration in December 2009.

H.R. 7 eliminates programs that ensure the Nation’s metropolitan areas have sufficient resources to provide multiple transportation options to help reduce congestion. H.R. 7 also eliminates a thirty-year legacy of dedicated transit funding from the Highway Trust Fund. The bill allocates Federal funding for transit in a manner that undermines local decision making regarding the operation of local transit systems. This bill also reduces authorized funding levels for Amtrak and loosens the requirements on loan programs, putting taxpayer dollars at risk. In addition, the bill inappropriately targets funding towards systems that carry only a small number of the Nation's bus passengers. Finally, while the Administration appreciates that the bill does not contain earmarks, H.R. 7 eliminates funding for a number of discretionary grant programs, missing an opportunity to promote competition and innovation.

H.R. 7 would also significantly weaken environmental protections for transportation projects and undermine civic engagement in the decision-making process. The bill includes arbitrary timelines that deem an environmental and substantive review satisfactory
 



C. John Healy Sr.,
President, Intertribal Transportation Association.
Transportation-Transit Director,
Fort Belknap Indian Community.
158 Tribal Way,
R.R. #1 Box 66
Harlem, MT 59526
Office: 406-353-8469
Cell:406-390-6560
Fax: 406-353-8516