October 4, 2004

 

This Week on the Hill
 
Congress will focus this week on legislation implementing the recommendations of the 9/11 Commission to reform intelligence operations and are hoping to complete the action before adjourning on Friday, October 8, or Saturday, October 9.  The Senate began floor consideration last week and is expected to hold a cloture vote to limit debate on Tuesday morning, October 5.  The House completed committee action on its version of the intelligence reform legislation and will begin floor debate, has tentatively scheduled floor debate for Wednesday, October 6. 
 
Congress also passed a continuing resolution to fund government spending through November 20 and chambers are expected to consider an emergency supplemental spending request for hurricane relief efforts.  This measure will likely combine the President's $3.1 billion request that was forwarded to Congress on September 14 as well as the $7.1 billion request from September 27.  Additional funding totaling as much as $1 billion could be added to cover emergency road repairs and other costs.  It is unclear whether Congress will add this funding or whether the President will submit another request. The House may consider the overall hurricane relief package as stand-alone legislation, but it will likely then be included in the conference report for the FY 2005 Homeland Security appropriations bill (HR 4567).  This issue has become intertwined with the funding request for drought assistance, which was added to the Senate version of the Homeland Security funding measure and still needs to be resolved in conference.
 
Negotiators are also expected to meet today, October 4 and tomorrow, October 5 to mark-up the conference report on the corporate tax bill (FSC-ETI/HR 4520).  A skeletal discussion draft released last week by Chairman Bill Thomas (R-Ca) included only a manufacturing provision and identical provision of the House and Senate versions.  More than 300 amendments to the draft were submitted late last week and are being considered in the development of the Chairman's mark, which is expected to be released at a markup today. 
 
Senate Floor:  The Senate convened this morning and resumed consideration of intelligence overhaul legislation.  Other potential items on the agenda could be a consideration of the emergency supplemental spending request for hurricane relief efforts and any conference reports that have been readied.
 
House Floor:  The House convened this afternoon and will consider 23 bills under suspension as well as a motion to go to conference on the Homeland Security appropriations bill and a motion to instruct conferees.  The House will also take up (tomorrow) 13 more suspensions, including legislation that would require states to create programs to monitor the abuse and diversion of prescription drugs and legislation that would create numerous federal judgeships.  On Wednesday, and for the remainder of the week, the House will consider an additional 24 bills under suspension including a bill to temporarily extend the Higher Education Act for one year, a bill to eliminate the special allowance payments' on certain college loans and a bill to create mental health courts and to provide grants to enhance services for juveniles and adults who are mentally disabled.  Intelligence overhaul legislation and potentially the emergency supplemental spending request for hurricane relief efforts could be taken up as well.   The House could also address any conference reports that have been readied.
 

 
Congress Passes Continuing Resolution
 
Last week, Congress passed a continuing resolution (H.J. Res. 107) to fund government spending through November 20.  Both chambers plan to continue working on outstanding appropriations bills and conference reports, most likely Homeland Security, Military Construction, and the District of Columbia until they recess, predicted for this Friday, October 8.  Congress will return on November 15 for a lame-duck session. 
 

 
Congress Passes Eight Month Transportation Extension
 
On Thursday, September 30, the House passed the Surface Transportation Extension Act of 2004, Part V (HR 5183) by a vote of 409-8.  The Senate passed the measure under unanimous consent.  The latest extension would extend the availability of all core highway program contract authority provided by previous extensions through the end of FY 2004; allows the $1.9 billion of remaining budget obligation limitation for FY 2004 to be distributed to states and used in FY 2004 or FY 2005; establishes a new "supplemental minimum guarantee" program for FY 2004 to bring all states up to their adjusted percentage shares of the core highway program based on revised gas tax payment assumptions, and authorizes as much new contract authority as necessary to carry out the program; deposits the 2.5 cents per gallon of ethanol tax into the Highway Trust Fund during FY 2004 only; waives the Byrd Test for FY 2004; and advances contract authority for Federal Highway Administration, Federal Transit Administration, Federal Motor Carrier Safety Administration, and National Highway Traffic Safety Administration programs until May 31, 2005, based on pro-rated funding levels; provides that no more than eight-twelfths of highway obligation limitations in the FY 2005 transportation appropriations can be distributed before May 31, 2005; extends budgetary firewalls under TEA-21 and the Gramm-Rudman-Hollings Act through FY 2005 at the levels contemplated by the FY 2005 budget resolution conference report; and includes no projects.
 

 
Temporary AML Extension Included in Continuing Resolution
 
Included in the continuing resolution passed last week, is a temporary extension of the fee-collection authority for the Abandoned Mine Land (AML) Program, which provides funds for states to cleanup old, abandoned coal mines.  Under the CR, the Office of Surface Mining will maintain the authority to collect fees from coal companies to pay for the AML Program until November 20.  That authority was set to expire on September 30.  The Administration has offered an emergency rule earlier this month to cover the health benefits portion (Combined Benefits Fund for retired miners) under the Surface Mining Control and Reclamation Act, but Congress needs to reauthorize the authority to collect fees for mine cleanup.  The Senate Appropriations Committee included a nine-month extension of the fee-collection authority in the Department of Interior FY 2005 appropriations bill.  Both the House and Senate have been negotiations a comprehensive reauthorization of the program, but no bill has made it out of committee. 
 

 
HHS Announces Alternative to SCHIP Redistribution Plan

U.S. Department of Health and Human Services (HHS) Secretary Tommy G. Thompson announced last week,the Administration's alternative to  bipartisan legislation that would redistribute $1.1 billion in unspent federal allotments in the State Children's Health Insurance Program (SCHIP). The legislation, S. 2759, sponsored by Senator Lincoln Chafee (R-R.I.) and Senator John D. Rockefeller IV (D-W.Va.), and H.R. 4936, sponsored by Rep. Joe Barton (R-Tex.) and Rep. John Dingell (D-Mich.), would preserve $1.1 billion in unspent federal funds from reverting to the federal treasury and target redistribution to states that needed it the most. The Administration proposal would instead redistribute $660 million of this amount, which could be done without legislation. While the HHS action is intended to help the states that are expected to completely run out of money in 2005, it would not address state shortfalls expected in 2006 and 2007. In response, HHS has proposed moving up the date for reauthorization of SCHIP from 2007 to 2005. 

 


House Subcommittee Approves Public Transit Security Bill

On Thursday, September 30, the House Transportation and Infrastructure Subcommittee on Highways, Transit, and Pipelines approved the Public Transportation Terrorism Prevention and Response Act of 2004 (H.R 5082), which would provide $3.4 billion over the next three years for public transportation security grants to be administered by the U.S. Department of Transportation. H.R. 5082 would require the Transportation Security Administration (TSA) to identify and evaluate transportation assets that need to be protected, and to develop a plan, budget, and funding to implement this effort. In addition, TSA would be required to assign roles and missions to relevant federal, state, regional, local, and private stakeholders. For transit systems' capital investments, such as system protection, explosive/chemical detection; surveillance/communications/emergency response equipment, and evacuation improvements, the bill authorizes $775 million in fiscal year (FY) 2005, $825 million in FY 2006, and $880 million in FY 2007. For transit system operations, such as security training, drills, canine patrols, and overtime reimbursement, the bill authorizes $500 million in FY 2005, $300 million in FY 2006, and $100 million in FY 2007. The measure is expected to be approved by the full committee later today and floor action could occur as early as next week. 


Congress Passes TANF Extension

The Senate last week approved by voice vote a six-month extension to reauthorize the TANF program through March, after the House passed it by a 416-0 vote earlier.  The authorization for the TANF program originally expired on September 30, 2002, and has been running under a series of temporary extensions since that time.