April 19, 2004

 

House and Senate Schedule - Week of April 19
 
The House and Senate return from their Spring recess this week and have a very limited timeframe to address numerous issues before their Memorial Day recess which begins on May 21. 
 
Today, April 19, the Senate is scheduled to address a new version of the asbestos reform bill (S. 2290), which would replace potential lawsuits by asbestos victims of their former employers with a multibillion dollar compensation trust fund.  A Senate vote on the original version of the bill was blocked by Senate Minority Leader Tom Daschle on April 8, and it appears that another Democratic attempt will be made to delay action until remaining disagreements about the amount of funding in the trust fund can be reached.  In addition, Senate negotiations continue on amendments to the corporate tax bill (S. 1637), but floor action is not currently scheduled for this week.  It remains unclear whether S. 1637 or Internet tax moratorium legislation is next in line for Senate floor consideration.
 
 
Budget Conference
 
House and Senate conferees are likely to meet on Tuesday, April 20, to resolve differences in the FY 2005 budget resolution specifically whether to extend the pay-as-you-go requirement to tax cuts, whether to include reconciliation instructions to cute entitlement programs, and how to address a debt limit increase.  House leaders continue to consider the possibility of consolidating all 13 individual appropriations bills into a massive omnibus bill while Senate leaders have mentioned the potential for a continuing resolution. 
Both House and Senate versions of the resolution would limit FY 2005 discretionary spending at $821 billion, $2 billion less than the President's budget.  The major difference and sticking point with the two versions is budget enforcement procedures and how they should be applied to future tax cuts.
 
 
Senate to Consider Internet Acess Moratorium
 
Senate Majority Leader Bill Frist indicated last week that he intends to take up legislation (S. 150 - Internet access moratorium) offered by Seantor George Allen (R-Va) and Senator Ron Wyden (D-Ore) the week of April 26.  Senators Alexander and Carper are expected to offer their compromise plan (S.2084) as an amendment to the Allen/Wyden proposal.  States are supportive of the Alexander/Carper compromise as it protects exsisting state revenues while carefully expanding the scope of the moratorium to ensure that all broadband technologies are treated equally.  The compromise language would expire in two years to allow Congress to review changes in the Internet and telecommunications markets including the impact of Voice-over-Internet-Protocol (VOIP) services that use the Internet to deliver traditional phone services.  The Congressional Budget Office has determined that S. 150 constitutes an unfunded mandate that could cost state governments billions of dollars annually. 
 
 
New CBO Estimate Cuts Cost of Senate Reauthorization Bill
 
A Congressional Budget Office (CBO) estimate indicates the cost of the Senate-passed transportation reauthorization bill, which also fund the National Highway Traffic Administration and the Federal Motor Carrier Safety Administration, will be reduced from $318 billion in contract authority to $307.4 billion over the six-year life of the measure.  The bill also authorizes the appropriation of almost $12 billion for those programs over the same period.  The report said that the legislation would increase direct spending $2.6 billion and increase revenues by $45.5 billion over the next six years.  Most of the new direct spending stems from items such as new efforts to combat highway trust fund tax evasion and payments in lieu of tax credits for certain procedures of alcohol and biodiesal fuel mixtures. 

In total, CBO estimates that discretionary outlays would total around $280 billion over the next six years for the affected transportation programs.  As a result, such discretionary spending for those programs would average around $46.7 billion a year from FY 2004-2009.  By comparison, outlays for current programs totaled $38.3 billion in FY 2003.  Even with the lower CBO scoring the Senate transportation reauthorization bill is still $51.4 billion more than the administration's $256 billion SAFETEA proposal and still faces a potential presidential veto.  

It is unknown when a conference committee for the transportation bill will be appointed.  Aides say Senate Majority Leader Bill Frist will attempt to appoint a conference committee in the middle of this week, but they are expecting Minority Leader Tom Daschle to object because of his requirement that the legislation be pre-conferenced among key senators from both parties, a move he says will ensure minority participation in the conference and help protect the $318 billion funding level.  The current extension of the program expires on April 30 and even if conferees were appointed this week, there is not enough time to get a bill to the president by then.  Lawmakers are expected to introduce a one month extension that would run through June 30  to ensure the continued flow of program dollars.
 
Medicare Announces New Rules to Simplify Enrollment in Drug Discount Card Program
 
States that have prescription drug assistance programs for low-income Medicare beneficiaries will be allowed to automatically enroll them in the Medicare prescription drug discount care program when it becomes available in May 2004.  CMS Administrator Mark McClellan announced that Medicare has issued guidance that allows state pharmacy assistance programs, in certain circumstances, to enroll low-income Medicare beneficiaries automatically into the transitional assistance benefit of the Medicare Modernization Act (MMA).  States that have the authority to act as an "authorized representative" of a beneficiary (as defined by state law) would be permitted to enroll beneficiaries in drug cards on the beneficiary's behalf.  This step will make it easier for low-income beneficiaries in states with pharmacy assistance programs to get $600 in additional help.  Second, Medicare will issue a standard enrollment form that will be accepted by all Medicare Approved Discount card programs.  This standard form will make it easier for community-based organizations, health professionals, and consumer groups to assist beneficiaries with the enrollment process. 
CMS will soon provide a standard enrollment form for the Medicare-approved drug discount card program for use by State Health Insurance Programs (SHIPs) and other partners and organizations that assist beneficiaries with their health care decisions. 
For further information on McClellan's statement and a press release, visit the Public Affairs Office at HHS:  www.hhs.gov
 
 
House and Senate Schedule:
 
House:  The House will return tomorrow, Tuesday, April 20 to consider four measures under suspension.  On Wednesday, April 21, and Thursday, April 22, it will consider five additional measures under suspension, as well as the Continuity in Representation Act (H.R. 2822) which would expedite special elections in the House.
 
Senate:  The Senate is expected to concentrate on the Fairness in Asbestos Injury Resolution (FAIR) Act of 2004.  Later in the week, they could begin debate on a constitutional amendment that would guarantee crime victims' rights.
 
 
Key Committee Meetings
 
Appropriations:
 
* The Senate Subcommittee on Energy and Water has scheduled a hearing on the Bureau of Reclamation and Army Corps of Engineers on Tuesday, April 20, at 10:00 a.m. in 124 Dirksen Senate Office Building.
* The Senate Subcommittee on Transportation/Treasury has scheduled a Tuesday, April 20, hearing at 10:00 a.m. in 138 Dirksen Senate Office Building with Treasury Secretary, John Snow scheduled to testify.
* The House Veterans Affairs/Housing and Urban Development/Independent Agencies Subcommittee has scheduled NASA hearings on Wednesday, April 21 at 10:00 a.m. and 1:00 p.m. in 2359 Rayburn House Office Building. 
* The House Subcommittee on Labor/HHS/Education will hold hearings on April 21 (10:15 a.m.) and April 22 at 10:00 a.m. on NIH in 2358 Rayburn House Office Building.
* The House Transportation and Treasury Subcommittee has scheduled a Thursday, April 22 hearing at 10:00 a.m. in 2358 Rayburn House Office Building on intercity travel and freight transportation.
 
Education:  The House Education and Workforce Committee has scheduled a Wednesday, April 21 hearing at 10:00 a.m. in 2175 Rayburn House Office Building on the importance of highly qualified teachers in raising academic achievement.