By Ron Thaniel
September 14, 2009

In addition to the extension of the current federal surface transportation law, SAFETEA-LU, which is set to expire on September 30, Congress will need to extend the aviation law, VISION 100, for a seventh time. Vision 100- Century of Aviation Reauthorization Act expired on September 30, 2007.

Unlike the debate around length of the extension for SAFETEA-LU, the Senate is looking at a three-month extension of FAA programs that would allow time to get the their bill, the FAA Air Transportation Modernization and Safety Improvement Act (S.1451), to the floor. The House bill, the FAA Reauthorization Act of 2009 (H.R. 915), was passed on May 21.

The question for the SAFETEA-LU extension is how long should it last. With strong backing from the Obama Administration, the key Senate authorizing committees (Banking, Housing and Urban Affairs; Commerce, Science and Transportation; and Environment and Public Works) completed their sections of an 18-month draft extension prior to the August recess.

House Transportation and Infrastructure Chairman James L. Oberstar (MN) is determined to get his draft bill, The Surface Transportation Authorization Act of 2009, voted on and passed in the House by September 30; therefore, there has been very little public discussion of the length of an extension in the House. However, increasing reports are that Oberstar would oppose any extension longer than three months. Although the House Highway and Transit Subcommittee approved Oberstar’s draft on June 24, it has been and continues to be unlikely that Congress and the Administration could complete a multi-year authorization of the massive federal surface transportation law by September 30.

SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) was signed into law in 2005. The prior law, Transportation Equity Act for the 21st Century (TEA-21), was extended 12 times over two years.