Perennial Question: Will there be a WRDA? Perennial Answer: Eventually.
The WRDA question is one of the more predictable queries heard over the course of every two-year Congress.
It is legislative Zen among the water resources community in Washington where mind-and-body is focused on achieving “WER-da.”
Likewise, that focus is found in the hinterland where flood control, navigation, shore erosion and environmental restoration projects are the infrastructure of economic stability and survival.
The Water Resources Development Act and its ancestral statutes dating back to the early years of this country are the bases for the civil works program conducted by the U.S. Army Corps of Engineers on behalf of the Nation, States, municipalities, ports and communities.
For the better part of the 112th Congress WRDA has been missing inaction (pun intended). But at a Senate Environment and Public Works Committee hearing just weeks ago WRDA was anything but dead. The urgency to get a bill done was the message of the day that Chairman Barbara Boxer (D-CA) wanted everyone to know. Her witnesses, requiring no prompts, were on-message.
The U.S. Chamber, International Union of Operating Engineers, Cargill, the American Association of Port Authorities, and the American Society of Civil Engineers said for the record why it is important for Congress to produce water resources legislation.
As the absent Ranking Minority Member James Inhofe (R-OK) said in his printed statement, “Our witnesses are here to further demonstrate the case for passing a WRDA bill.” And so they did.
They talked about infrastructure integrity, jobs, trade, economic growth, competitiveness, etc. There were no hard questions, only ones to elicit a single response. {We want WRDA.}
“I hear you,” said Chairman Boxer.
Everyone including those committee members present talked toward the same goal of producing a WRDA bill to address various economic, infrastructure and public safety needs. One senator, observing that the one key witness not present for a hearing on this subject, the Corps of Engineers, made the point that significant reforms in the Corps civil works process are needed in the next WRDA. The witnesses also said reforms and process streamlining are needed.
In her opening statement Barbara Boxer said “there’s no reason why we can’t get WRDA done.” She held up as a model the bipartisan MAP-21 surface transportation bill that the committee produced earlier in the year and now is law.
Senator Boxer spoke in fully bipartisan terms. Pointing to how the labor and business witnesses were sitting side-by-side at the table before her she said that was purposely done: “I want to make the point that we are united.”
The chairman said the hearing was to lay the groundwork for action in the lame duck session after the election. She told her colleagues that in the next weeks she will send around a draft bill and wanted their comments and suggestions. It’s going to be a bipartisan and “strong” bill. Senator Inhofe‘s statement referred to how the lead senators already are “working hard to negotiate a WRDA bill.”
Senator Boxer asked the witnesses if they would be ready to work to get WRDA done much as stakeholders worked to see MAP-21 made law. They said they will. The supporting statements of other trade groups were added to the hearing record. No doubt they are unanimous in their views. {[We want WRDA.}
Congress adjourned a few days later for the final campaign stretch. The House and Senate will return for what promises to be a contentious lame duck session to address some unfinished items not the least of which is the looming “fiscal cliff.” We’ll see then if Chairman Boxer is able to form a water projects and policy bill with her party opposites on the committee.
I’m not clever enough to thrive in Vegas but I can handle this odds analysis. It’s not a good bet that a WRDA bill will become law this year.
In a short amount of time Boxer and Inhofe will have to get committee consensus on what can be the politically, and sometimes environmentally, touchy subject of water projects back home. The civil works process itself has been a particular target of senators who know the problem but lack agreement on a solution. Assuming the Boxer-Inhofe committee comes to agreement on detailed legislation the bill will have to be good enough to pass muster in the full Senate where one senator’s objection in the last weeks of Congress can kill a bill. Then there is the House where the no-earmarks rule has chilled even the thought of a WRDA bill escaping from the Transportation & Infrastructure Committee. Then there is the White House, which continues the long tradition of executive disinterest in the civil works program.
It’s a bumpy road ahead.
Chairman Boxer, who along with others of her colleagues genuinely want to move WRDA through Congress, put a good face on things at the hearing. Alas, there is little time left. After the election who knows how much interest legislators will have in the hard work of producing a projects and policy bill when some of them are packing up to leave Congress and others just want to get home for the holidays.
Then again, as Senator David Vitter (R-LA) said in noting it has been five years since WRDA 2007 was made law, the committee should start now even if their efforts have to extend into the new Congress that convenes in 2013.
Eventually. Pbea