Analysts: Highway Bill Unlikely in 2014 After GOP Wins Senate

This story appears in the Nov. 10 print edition of Transport Topics.

Voters handed control of the U.S. Senate to Republicans last week, strengthening the GOP’s ability to advance transportation initiatives when the next Congress convenes in January but lowering the prospects of action before then, analysts said.

Democrats who currently control the Senate say they want to press ahead with a long-term highway bill in the post-election lame-duck session that kicks off this week.

But June DeHart, a lobbyist with Manatt, Phelps and Phillips, said, “Republicans will wait until they control both houses.”

David Goldberg, an analyst with the Washington-based Transportation for America group, agreed, saying that the pressing issue for next year will be “how Congress will fund the nation’s transportation system.”

Federal highway programs are funded under an extension of MAP-21, legislation that expires in May.

The GOP garnered at least seven Senate seats Nov. 4 to become a majority of 52, with several races yet to be decided. That makes the upper chamber’s Republican leader, Mitch McConnell of Kentucky, the top candidate for the chamber’s top leadership post.

Dave Osiecki, American Trucking Associations chief of national advocacy, said that a GOP majority in the Senate could help in “slowing down” the regulatory process and put pressure on regulators who testify before committees.

“That’s a potential benefit to the trucking industry,” Osiecki said.

Republicans also saw their majority in the House increase by at least a dozen seats, with the outcome of several races not final, as of press time.

One close victory was in West Virginia, where Democrat Nick Rahall, ranking member of the House Transportation and Infrastructure Committee, lost his re-election bid.

The GOP has indicated its legislative priorities will include transportation initiatives that support building infrastructure projects with private companies, developing the Keystone XL pipeline and undoing U.S. Environmental Protection Agency regulations.

Several Republicans also have indicated they will try to proceed with efforts to suspend last year’s changes to the restart provision of the hours-of-service rules that govern truck drivers.

However, in the lame-duck session, Democratic Sens. Barbara Boxer of California and Tom Carper of Delaware said they will attempt to advance a long-term highway bill.

A long-term bill could boost the Highway Trust Fund account by increasing the federal tax on gas and diesel fuel.

“There’s no good reason to wait to begin moving forward with bipartisan initiatives like investing in transportation infrastructure that would address some of the most fundamental challenges facing our country,” Carper said in a statement.

But Senate Republicans, ready to claim the chairmanships of the transportation committees in January, have indicated they’re looking forward to having a greater say in the legislative process.

Sen. James Inhofe (R-Okla.) is poised to take over from Boxer on the Environment and Public Works Committee. On the Commerce, Science and Transportation Committee, Sen. John Thune (R-S.D.) is likely to replace retiring Chairman Jay Rockefeller (D-W.Va.). Sen. Orrin Hatch (R-Utah) will take over the Finance panel, and Sen. Richard Shelby (R-Ala.) is expected to take the gavel at the Banking Committee. Sen. Roy Blunt (R-Mo.) is expected to become chairman of the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security, part of the Commerce, Science and Transportation Committee.

The GOP took control of the Senate by scoring wins in Iowa, Georgia, Montana, North Carolina and Colorado. In addition, Republican challenger Tom Cotton unseated Democrat Mark Pryor in Arkansas.

Republican incumbents held on to their jobs in Kansas, where Pat Roberts hung on in a tight battle with independent candidate Greg Orman.

In Maine, Sen. Susan Collins, who has led efforts to suspend the hours-of-service restart rule, easily defeated Democratic challenger Shenna Bellows.

In his victory speech, McConnell said the GOP-led Senate would advance pro-business policies. He also acknowledged that, to realize his vision for a bipartisan Senate, he will have to contend with forceful members of his party who have aligned themselves with the ultra-conservative tea party caucus and generally oppose expanding many federal programs.

Tea party-backed Sen. Mike Lee (R-Utah) has pledged to press ahead with his bill that would reduce funding for the federal Highway Trust Fund within five years. That proposal is commonly referred to as “devolution.” Nearly the entire transportation sector opposes “devolution” efforts.

At a press conference after the elections, President Obama said he would work with Republicans to reduce legislative gridlock. For months, the Senate has been in a state of legislative paralysis, and key pieces of legislation, including a highway funding proposal, have not advanced.

Deron Lovaas, director of transportation policy at the Natural Resources Defense Council, suggested it still could be years before a long-term highway bill is passed.

“It’s entirely possible, just like we saw with the FAA [Federal Aviation Administration] bill, that you could have five years’ worth of extensions of law until you get a new one,” he said.

Democrats were able to withstand some of the GOP momentum. In New Hampshire, incumbent Sen. Jeanne Shaheen, that state’s former governor, defeated Republican Scott Brown. Brown was a former Republican senator from Massachusetts. In Virginia, incumbent Sen. Mark Warner squeaked by Republican challenger Ed Gillespie.

The Alaska Senate race, which shows Republican challenger Dan Sullivan with a lead over incumbent Sen. Mark Begich, was undecided as of press time.

In Louisiana, Democratic incumbent Sen. Mary Landrieu and Republican Rep. Bill Cassidy will face each other in a runoff election on Dec. 6. Polls show Cassidy as the likely winner.