Update from Washington, D.C. 03/02/2012
After a one-week hiatus in both the House and Senate, lawmakers
quickly got back to work on a bevy of issues, including
legislation – the San Joaquin Valley Water Reliability Act (HR
1837) – that would change California water supply practices.
Specifically, HR 1837 would make changes to the Central Valley
Project Improvement Act (CVPIA) and would repeal provisions of
the San Joaquin River settlement to boost water access for
agricultural and municipal use in the Central Valley. The measure
would also limit enforcement or consideration of environmental
regulations, including the National Environmental Policy Act and
the Endangered Species Act.
Supporters, led by Representative Devin Nunes (R-CA) and Water
and Power Subcommittee Chairman Tom McClintock (R-CA), contend
that the bill would restore the flow of water to farms,
residents, and businesses in the Central Valley that have been
reduced by burdensome environmental regulations. On the other
hand, opponents of the legislation, led by Bay-Delta area
lawmakers, argue that the measure would preempt state water law
and reduce environmental protections in the delta estuary.
After a contentious debate, the measure passed the House by a
vote of 246-175 (1 present vote), mostly along party lines.
However, HR 1837 is unlikely to advance in the Senate, as
Senators Dianne Feinstein (D-CA) and Barbara Boxer (D-CA) have
both expressed their strong opposition to the legislation. The
Obama administration has also weighed in, vowing to veto the bill
should it reach the president’s desk.
On the transportation front, lawmakers have less than one month
to clear a new surface transportation bill before the latest
extension expires on March 31. Otherwise, another extension will
be needed to keep funds flowing to states. Prospects for a
long-term deal are dimming, and Transportation Secretary Ray
LaHood, for one, doubts that Congress will be able to pass a
comprehensive bill by the end of the month.
In the House, GOP leaders decided to defer action on their
transportation bill just before the President’s Day recess when
it became apparent that they did not have the votes to pass the
measure. In an effort to appease the different segments of their
caucus, Republican leaders decided to scale back the five-year,
$260 billion proposal and shelve many of the most contentious
provisions. This includes a proposal to end the Mass Transit
Account, which depends on a 20 percent set-aside from the Highway
Trust Fund for public transportation.
Earlier this week, Republican leaders were eyeing a deal that
would reauthorize transportation programs for 18 months, but they
have all but abandoned that plan after heavy resistance from
rank-and-file lawmakers. At this point, the House is at a
standstill, with lawmakers still searching for an agreement that
will allow a bill to advance.
Across Capitol Hill, progress on the Senate’s transportation bill
(MAP-21) has been hindered by very contentious and non-germane
amendments, including one that relates to mandatory health
insurance coverage of contraception. In an effort to speed up
consideration of the bill, Majority Leader Harry Reid (D-NV) has
offered a new substitute amendment that includes the primary
provisions of MAP-21, as well as the text of 37 bipartisan
amendments. This should reduce the number of votes required to
complete action on the bill.
Among the possible modifications to the Senate bill is an
amendment sponsored by Senators Roy Blunt (R-MO) and Bob Casey
(D-PA) that would maintain dedicated funding for off-system
bridges. Additionally, there may be an amendment that would
provide a short-term extension of the Secure Rural Schools
program.
Senate negotiators also are continuing to work on the financing
portion of the bill to fill the gap between tax receipts for the
Highway Trust Fund and the amount of money needed to fully offset
spending in the bill.
In other news, Budget Committee Chairman Paul Ryan (R-WI) is in
the early stages of writing a budget resolution that will serve
as a counterpoint to President Obama’s fiscal year 2013 budget.
Because few, if any, Democrats are expected to support Ryan’s
budget-writing effort, Republicans are hoping to attract support
from the most conservative members of their caucus. Democrats on
the committee are expected to offer their own budget resolution
that will likely mirror the president’s proposal.
House GOP leaders are determined to bring a budget resolution to
the floor before the end of March so that it can be adopted
before the April 15 statutory deadline. Because the chamber is
scheduled to be in recess the first two weeks of April, the
Budget Committee is likely to mark up the resolution in the third
week of March, with a floor vote planned for the end of the
month.
Senate Majority Leader Reid has indicated that he has no plans to
allow a floor vote on a budget resolution. In his opinion, such a
vote is unnecessary because last August’s debt limit law (PL
112-25) already set a discretionary spending cap of $1.047
trillion for the coming year. Reid has also hinted that the
Senate might begin floor work on fiscal 2013 spending bills as
early as April.
For his part, Senate Budget Chairman Kent Conrad (D-ND) has
promised to bring a budget blueprint before his committee this
year. However, the panel might not consider a budget until April,
and it remains unclear whether any plan might garner enough votes
to get out of committee.