With SAFETEA-LU’s September 30 expiration date fast approaching, the heat is on Congress to extend federal transportation funding until a multi-year law reauthorizing these programs can be developed. The House passed Rep. Jim Oberstar’s (D-Minn.) three-month extension plan by a 335-85 vote on September 23. The Surface Transportation Extension Act of 2009 (H.R. 3617) maintains the current programs and funding levels through December 31. Unfortunately, the bill does not repeal the impending $8.7 billion rescission that is vital to state transportation projects. Although the Senate has now received the House-version of the bill, the Senate Committee on Environment and Public Works approved a different bill (S. 1498) with an eighteen-month extension of SAFETEA-LU expiring in March of 2011, which would delay the debate over transportation funding until after the 2010 election cycle. However, it remains unclear whether the Senate will reach a vote on its own bill prior to the September 30 deadline.

Importantly, the House has also passed a continuing resolution to keep federal programs from grinding to a halt at the end of the fiscal year, which would also extend funding for the Surface Transportation Program. Following in line with the House-version of the extension plan, the continuing resolution fails to repeal the rescission. If the Senate is unable to vote on an extension plan, it could attempt to repeal the rescission through the continuing resolution. Such a change would require a conference with the House, and very little time remains for the Senate to accomplish this task and sign on to the continuing resolution before the end of the government’s fiscal year on September 30.