Senate approves short-term highway bill, sending it to Obama

Senate approves short-term highway bill, sending it to Obama

The Senate passed a two-month extension of highway funding by voice vote on Saturday, staving off an abrupt halt in infrastructure projects and pushing back a likely protracted debate over how to finance road construction in the long-term.

The vote sends the stopgap highway bill to President Obama, who’s expected to sign it before the May 31 deadline. 

But there was also bipartisan agreement that Saturday's action was nothing more than a punt that barely avoided a shutdown of highway projects during the busy summer months, and that the two parties need to find a way to fund the sort of long-term highway bill that has eluded Congress for years. 

“Senate Democrats want to get on a with a long-term solution, because we understand that you cannot have big league economic growth with little league infrastructure,” Sen. Ron WydenRonald (Ron) Lee WydenOvernight Health Care: Trump eases rules on insurance outside ObamaCare | HHS office on religious rights gets 300 complaints in a month | GOP chair eyes opioid bill vote by Memorial Day Trump eases rules on insurance sold outside of ObamaCare Grassley, Dems step up battle over judicial nominees MORE (Ore.), the top Democrat on the Finance Committee, told reporters on Friday.

The Senate vote on highways was also one of the last acts in a hectic week, in which the chamber struggled to find compromises on both President Obama’s trade agenda and surveillance programs.

The House and the Senate agreed to back a two-month extension of highway policy after top Republicans like House Ways and Means Chairman Paul RyanPaul Davis RyanRepublicans are avoiding gun talks as election looms The Hill's 12:30 Report Flake to try to force vote on DACA stopgap plan MORE and Senate Finance Chairman Orrin HatchOrrin Grant HatchOvernight Finance: NAFTA defenders dig in | Tech pushes Treasury to fight EU on taxes | AT&T faces setback in merger trial | Dems make new case against Trump tax law | Trump fuels fight over gas tax What sort of senator will Mitt Romney be? Not a backbencher, even day one Lawmaker interest in NAFTA intensifies amid Trump moves MORE (R-Utah) fell short in their efforts to find the $11 billion or so needed to push the highway deadline back until the end of 2015.

Hatch blamed the failure to reach a deal squarely on Democrats.

“Unfortunately [Democratic] cooperation didn't last,” he said. “In fact it never really began.

By passing the simple two-month deal, lawmakers didn’t have to come up with any new cash for the Highway Trust Fund. The Transportation Department has said that, as long as highway policy was extended, the trust fund had enough money to last until the middle of this summer. 

But while infrastructure might have been the least contentious of the three issues this week, leaders in both parties acknowledge that finding the roughly $15 billion a year necessary for as much as a six-year highway bill will be far from easy, and that there are plenty of divisions among lawmakers about how to achieve that goal.

Sen. Pat RobertsCharles (Pat) Patrick RobertsOvernight Finance: Lawmakers, Treasury look to close tax law loopholes | Trump says he backs gas tax hike | Markets rise despite higher inflation | Fannie Mae asks for .7B Senators working on fix to agriculture provision in GOP tax law Trump budget would slash crop insurance funds for farmers MORE (R-Kan.) said Friday that he would love to “give some people some legitimate expectations, predictability.”  

“But I’m just not sure that we can get that done,” Roberts said.

Republicans are expected to push for yet another highway patch before the July deadline, seeking to fund highway programs through the end of the year in what would make roughly two dozen short-term extensions over the last 12 years. 

But even that narrow agreement could be difficult to achieve, with Democrats vowing that the new two-month patch should be the absolute last short-term extension. 

Plus, Senate supporters of the Export-Import Bank insist Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellLawmakers feel pressure on guns Bipartisan group of House lawmakers urge action on Export-Import Bank nominees Curbelo Dem rival lashes out over immigration failure MORE (R-Ky.) has assured them the bank’s reauthorization can be attached to a highway extension this summer. The fate of the export bank has split Republicans, and attaching a reauthorization to the highway bill could especially complicate matters in the House.

“If it ends up being in the mix of a transportation funding bill – yeah, it makes it more complicated. For sure,” Sen. John ThuneJohn Randolph ThuneFlake to try to force vote on DACA stopgap plan Congress punts fight over Dreamers to March The 14 GOP senators who voted against Trump’s immigration framework MORE (S.D.), the No. 3 Republican in the Senate, said about the Ex-Im Bank.

Not surprisingly, the forecast for a longer-term is even cloudier. The Senate Environment and Public Works Committee is expected to mark up a six-year highway policy bill in late June.

But to pay for it, Republicans say there’s no chance that an increase of the gas tax – the major cog in the Highway Trust Fund – can make it through Congress. The gas tax covers only about $34 billion of the $50 billion the federal government spends each year on roads.

And while some GOP leaders have floated the idea of pairing tax reform and a highway bill, Republican tax writers in both chambers are far from sure that sort of plan is feasible. 

“We’re not even near doing tax reform at this point,” Hatch told reporters this week.

Republicans and Democrats have found some overlap on how to deal with the roughly $2 trillion worth of profits that multinational corporations have parked offshore, with both wanting to find a way to lower the taxes on those earnings so companies will bring the money back to the U.S.

The White House released a plan this year that would tax all that offshore income at a 14 percent rate, and use the revenue to replenish the highway fund. 

President Obama and congressional Republicans have also discussed how to revamp the tax system for businesses. But it’s an open question whether there’s enough revenue from the offshore profits to both fund highway projects and slash the corporate tax rate, as both Obama and Senate Republicans want to do.

The president’s plan for roads, Senate Majority Whip John CornynJohn CornynLawmakers feel pressure on guns Kasich’s campaign website tones down gun language after Florida shooting Murphy: Trump’s support for background check bill shows gun politics ‘shifting rapidly’ MORE (R-Texas) said this week, “is a non-starter for us.” 

That’s on top of the other obstacles facing tax reform, including the small business lobby’s push to block any tax reform deal that doesn’t cut tax rates for individuals. Some lawmakers have also pushed for a simple corporate tax holiday to help fund roads, but tax writers say they won’t go for that.

“There’s been a lot of loose talk about repatriation,” said Rep. Charles BoustanyCharles William BoustanyDems face hard choice for State of the Union response Americans worried about retirement should look to employee ownership Top Lobbyists 2017: Hired Guns MORE (La.), a senior Republican on the House Ways and Means Committee.

Before those broader talks heat up, lawmakers will try to find another highway extension to get the trust fund through December. But recent discussions over a seven-month extension hit the skids after Republicans sought to use savings from mandatory spending to help cover the costs, something Democrats wouldn’t support.

Democrats also say that Republicans need to make highways a larger priority, and are warning against any further short-term extensions.

“I'm serving notice here,” Sen. Dick DurbinRichard (Dick) Joseph DurbinAmerica’s waning commitment to the promise of the First Amendment Senate rejects Trump immigration plan What to watch for in the Senate immigration votes MORE (D-Ill.) said Friday. “This 60-day extension will go through, I understand that. But from this point forward it's not going to be automatic anymore. …It's time for the Republican speaker and the Republican majority leader to lead.”