With the current TEA-21 extension bill expiring on February 29, the Senate must pass a second extension bill by week’s end to keep highway money flowing to the states. On February 11, the House passed a second TEA-21 extension that would lapse at the end of June. However, Senate leaders favor a two-month extension bill, which would place more pressure on House leaders to pass a long-term reauthorization bill before the Easter-Passover recess in April.

On February 12, the Senate passed a long-term reauthorization bill (S.1072), which would fund highway and transit programs at $318 billion over the next six years. With the House unable to even pass a long-term reauthorization bill out of committee, the Senate for the time being, will have to follow the lead of the House and pass another short-term extension bill.

Senator James Inhofe (R-Oklahoma), Chairman of the Senate Environment and Public Works Committee, feels that a longer extension bill would impose a greater burden on state DOTs trying to plan for future highway construction projects. Inhofe desires a two-month extension, which would force the House to pass a long-term reauthorization bill by the middle of April. Senator Inhofe recently met with House leaders and feels that both Speaker Dennis Hastert (R-Illinois) and House Majority Leader Tom Delay (R-Texas) are more interested in passing a long-term bill rather than a long-term extension.

Members of the House Transportation and Infrastructure Committee, such as ranking member, Rep. James Oberstar (R-Minnesota) and Highways, Transit and Pipelines Subcommittee Chairman, Rep. Tom Petri (R-Wisconsin), want the Senate to pass a three or four month extension bill. Both Oberstar and Petri feel the House will need more than two months to consider a long-term reauthorization bill. Members of the Transportation and Infrastructure Committee led by Chairman Don Young (R-Alaska), continue to brandish the committee’s $375 billion reauthorization bill. However, such a bill would require an increase in the gas tax and is opposed by House GOP leaders and the President. Chairman Young has indicated that he might drop the price tag of the committee’s bill, but has not yet indicated whether the committee will match the Senate bill’s cost of $318 billion. Chairman Young will have to rely on the Ways and Means Committee to pass a revenue title that will support funding increases in highway and transit programs.

Initially the House T&I Committee was supposed to markup their reauthorization bill on February 25, but the hearing was delayed until either March 1 or 3. Chairman Young is still negotiating provisions of the bill with House GOP leaders and Rep. Bill Thomas (R-California), Chairman of the Ways and Means Committee.

Here’s the list of House Appropriations Subcommittee deadlines. Members must submit their appropriations requests by this deadline in order to be considered for FY 2005 funding. Keep in mind that some subcommittees require a form for each request, and that some members have their own forms and requests deadlines prior to these subcommittee deadlines:

On February 12, the Senate passed a bill (S.1072) that will reauthorize highway and transit programs over the next six years. The $318 billion bill passed by a margin of 76-21. Earlier in the day, the Senate overwhelmingly approved a cloture motion, which limited remaining debate on the bill. Majority Leader Bill Frist had made it clear that he wanted to clear the surface transportation measure before the Senate left for weeklong recess.

Despite a stern warning from the White House that the $318 billion bill would warrant a veto, the Senate was defiant. Senate Minority Leader Tom Daschle (D-South Dakota) said that “despite a veto threat from the president, the Senate passed a good highway bill that will create one million jobs here in America at a time when we desperately need them.” Many Senate Republicans favored the bill because of the possible economic ramifications, despite the widespread concern that the bill would worsen the federal deficit. However, some Senate Republicans were concerned that the bill violated the principles outlined in the FY 2004 budget resolution. The Senate passed a budget resolution last year that would have allowed a ceiling of $255 billion for highway programs, $46 billion for transit programs, and $7 billion for safety programs. However, these numbers were reduced in conference with the House to $231 billion, $46 billion, and $4 billion, respectively. Republican Senator John McCain (R-Arizona) filed a budgetary point of order, maintaining that the Senate should have stayed within the parameters of the lower numbers. However, the Senate voted to waive the budgetary order by a vote of 72-24. Another Republican Senator, John Kyl (R-Arizona) introduced an amendment that would have lowered the total cost of the bill to $256 billion, which is what the President’s FY 2005 Budget had proposed. Senator Kyl’s amendment was defeated handily, 20-78.

The highway funding formula in the bill, co-written by EPW Committee Chairman James Inhofe (R-Oklahoma) and Ranking Member James Jeffords (I-VT) in committee did not change during floor debate. Texas Republican Kay Bailey Hutchison was very unhappy that Texas would have been adversely affected by the new funding formula. Under current law, each state is guaranteed a 90.5% return on gas tax receipts submitted to the highway trust fund. Many Senators had clamored for a more equitable distribution of highway funding in the reauthorization bill. The reauthorization bill would boost the minimum return on gas tax receipts to 95%. However, some states such as Florida, California, and Texas would not reach this threshold until 2009. Senator Hutchison introduced an amendment that would alter the formula, but it failed. The Texas Senator, along with Florida Senator Bob Graham (D-FL) ended up voting against the bill because of the perceived funding inequities. Hutchison commented, “for the first time, the Senate has said Texas, California, and Florida, all high growth states, will get back even less from Washington for their needs. Absent any new changes to move donor states closer to parity and bring Texas more gas dollars for critically-needed new highways and road repairs, I have no choice but to oppose this legislation.”

To finance the $318 billion reauthorization bill, the Senate approved the revenue title marked up by the Senate Finance Committee on February 2. The package contains $22.9 billion in revenue enhancements and other measures designed to replenish the general fund. The measure would increase federal revenues by $31.9 billion over 10 years. Most of the revenue raisers in the bill are additional curbs on corporate tax shelters and limits on tax-motivated expatriation. Other important provisions of the Finance-approved measure include: an extension of excise taxes and expenditure authority for the highway trust fund; a reform of the volumetric ethanol excise tax credit; an implementation of several fuel fraud prevention measures; and a simplification and a reform of several non-transportation related excise taxes, including those relating to sporting equipment and alcohol as well as transportation.

Much to the delight of Amtrak supporters, the Senate did not vote to strip a provision in the safety title that would reauthorize Amtrak at $12 billion over six years. The administration has repeatedly warned the Senate that such a provision could warrant a veto.

The Senate bill now heads to conference with the House. On February 11, the House passed a second short-term extension that will keep surface transportation funds flowing to the states until the end of June. The House Transportation and Infrastructure Committee and Ways and Means never came close to agreeing on a funding level for the reauthorization bill. The House T&I Committee leadership continues to push for a $375 billion bill, with a 5 cents gas tax increase. House Ways and Means Committee Chairman Bill Thomas (R-CA), along with other House leaders and the Bush Administration staunchly oppose the House T&I Committee reauthorization bill.

With House leaders and administration officials unwilling to compromise with the Transportation and Infrastructure Committee, Chairman Don Young (R-Alaska) appears ready to relent in his push for a $375 billion reauthorization bill. According to Young’s spokesman Steve Hansen, “He (Young) would prefer adequately funding the highway and transit system, but he also understands that we need to get a bill passed this year. So he is willing to compromise to an extent.” An aide to another member of the committee commented that Young would opt for a smaller bill, but that the House Ways and Means Committee would decide the exact funding level. Last week, Don Young met with House Speaker Dennis Hastert (R-Illinois), Majority Leader Tom Delay (R-Texas) and the discussion revolved around bringing the funding level of the House bill closer to that of the Senate bill.

After the Senate bill passed, a statement from the White House press office read, “The President's senior advisers will recommend a veto of any highway bill that includes excessive spending and violates these principles, including the bill passed by the Senate. The President's budget proposes a responsible $256 billion in highway and transit spending, which represents a 21 percent increase over the previous six-year period and a responsible approach to improve highway safety and curb congestion.”

For your perusal, we have the full bill as well as the full manager's amendment to the bill, both in rich text format.

We've got the lastest run down from chairman James Infhofe's (R-Oklahoma) manager's amendment of SAFETEA. Here's the summary:

• 2285 Daschle amendment asphalt-related reclamation research
• 2301 Murray as modified on ferry construction, maintenance and operation. Increase funding from $38 million to $50 million.
• 2325 Bingaman as modified to continue the development and deployment of the advanced transportation model know as "Transportation Analysis Simulation System" (TRANSIMS)
• 2326 Bingaman as modified to continue authorization for maintenance of public roads used by school buses serving certain Indian reservations
• 2334 Clinton as modified to clarify the responsibility of States regarding emission reduction strategies.
• 2336 Colman amendment to require the Secretary of Defense to reimburse members of the armed forces for certain travel expenses.
• 2371 Snowe as modified to authorize use of CMAQ funds for supporting operations of Boston to Portland passenger rail services
• 2406 Inhofe as modified to make changes to the Indian Roads program.
• 2412 Inhofe conforming amendments (technical changes to Dingell-Johnson Sport Fish Restoration Act)
• 2425 Lott as modified on multi-state International Corridor Development. Creates a new corridor program to focus on corridors that have an international beginning or end point.
• 2447 - 2451 Burns amendments to ensure integrated, interoperable emergency communications in highway safety programs.
• 2471 Byrd to increase use of recovered mineral components in federally funded projects.
• 2487 Spector as modified to improve the transportation technology innovation and demonstration program.
• 2511 Daschle as modified to provide additional funding for bridges on Indian Reservations
• Collins amendment to implement measures to reduce overfishing of stocks of fish managed under the Northeast Multispecies Fishery Management Plan.
• Technical corrections

The complete language of the manager's amendment is located here in rich text format.

Yesterday the long delayed SAFETEA bill passed through the Senate by a veto-proof vote of 76-21. The final price tag came in at $318 billion, much less than the House version yet to be debated, yet still far beyond the $256 billion level the administration has sought.

Only four Democrats voted against the measure, Russell D. Feingold (Wisconsin), Herb Kohl (Wisconsin), Bob Graham (Florida) and Zell Miller (Georgia). Seventeen Republicans voted against the measure, with some arguing that it would negatively impact the federal deficit.

The full text of the bill is located here in rich text format.

We'll have more details throughout the day, so be sure to check back often.

Bill Thomas (R-California), chairman of the House Ways and Means Commmittee, indicated on Wednesday he would help the administration crack down on the practice of allowing corporations the ability to lease city infrastructure (including subways) in order to write-off depreciation deductions on tax-exempt property. Such a move could raise $25-35 billion over the next decade.

According to CQ, both conservative Republicans and urban Democrats are opposed to the crackdown measure, which would limit the scale and scope of the deductions. Wednesday, a group of 23 House Republicans submitted a letter to House Speaker Dennis Haster (R-Illinois) asking him to hold off on what they termed a "tax increase" and also complained that there had been "some discussion of applying certain tax increases retroactively". Democrats from large cities are equally concerned, as financially troubled municipalities in cities like New York, DC & Boston had been using the leasing system to sell their unused tax benefits in order to generate revenue.

The Treasury Department has estimated that $750 billion worth of leasing deals have occurred in the last four years, with approximately $33.7 billion over the next ten years directly affected by whether the crackdown proposal is pased.

In an 86-11 vote, the Senate voted to limit debate on the new SAFETEA (S.1072) legislation, with Majority Leader Bill Frist, (R-Tennessee), vowing to pass the bill before the President's Day recess. The price tag of $318 billion is still far above what the Bush administration supports, but Senators seemed unconcerned with the veto-threat, with many saying the price could be adjusted once in conference.

The administration has made some moves regarding their earlier veto threat. We've got the latest update and what it all means over on the analysis side of the website. Be sure to check it out for all the details.