September 20, 2004

 

This Week on the Hill
 
Congress will focus on the FY 2005 appropriations bills this week (September 20 - 24).  The Senate is scheduled to hold a final vote sometime today on the military construction spending bill (S. 2674) and is then expected to debate the legislative branch appropriations bill (S. 2666).  Senate action on the remaining spending bills is possible later this week.  The House will resume its debate on the FY 2005 Transportation/Treasury spending bill (H.R. 5025) on Tuesday with final action expected this Wednesday.  Once the House completes action on all 13 spending bills, House Appropriations Committee Chairman C.W. Bill Young (R-FL) is expected to package them into an omnibus bill, with the exception of Defense bill which has already been signed into law, and the bills for Homeland Security and Military Construction, which will likely move as stand-alone measures.  In the Senate, which to-date has only passed two spending bills, Appropriations Committee Chairman Ted Stevens (R-AL) said his primary goal is to press for action - either consideration on the floor or reported out of committee - on as many spending bills as possible while awaiting the omnibus from the House.  Current predictions call for the omnibus spending package to be considered during a lame-duck session, but other potential scenarios call for Congress to pass a long-term continuing resolution through the  FY 2005 or to postpone completion of the appropriations process until early next year. 
 
This week Congress could turn their attention to a package of legislation to extend expiring tax breaks for families.  The conference report on the child tax credit expansion bill, H.R. 1308, will serve as the vehicle.  The measure, which would cost about $130 billion over ten years, calls for a five-year extension of the $1,000-per-child tax credit, a four-year extension of the married couples benefit, and a three-year extension of the upper limit for the 10 percent tax bracket, as well as a one or two-year extension of the current income exemptions from the alternative minimum tax. Conference Chairman Charles E. Grassley (R-Iowa) is expected to hold a negotiating session tomorrow; House floor action is tentatively scheduled for Wednesday, September 22; and Senate floor action may occur later in the week. (Senator Grassley continues in his attempt to expedite action on the corporate tax bill - FSC-ETI/H.R. 4520 -  but House negotiators have still not been named).
 
 
Transportation Reauthorization
 
Conferees on the transportation reauthorization bill (H.R. 3550) will begin work on an extension of funding authority for surface transportation programs.  It remains uncertain whether lawmakers will be able to finalize the conference report before adjournment.  Therefore, the length of the extension could be anywhere from one week to one year and will likely depend on how much perceived progress has been made in reaching an agreement on funding levels that would also meet policy goals.  There continues to be speculation that Republican leaders have agreed to a $299 billion funding level, but are still struggling with how to raise the minimum guarantee for states that send more federal gas tax receipts to the Highway Trust Fund than they get back for construction projects while holding harmless states that receive more funding that they contribute to the trust fund.  The current short-term extension of funding for federal highway programs expires on September 24, and funding for public transit and other programs expires on September 30.
 
 
House Postpones Final Passage of FY 2005 Transportation/Treasury Spending Bill; Vote Expected Tomorrow
 
The House was unable to complete work on the FY 2005 Transportation/Treasury spending bill (H.R. 5025) before adjourning last Wednesday in observance of Rosh Hashanah.  The House postponed the final vote until tomorrow, Tuesday, September 21.  The bill became the subject of a chaotic floor debate after the Rules Committee allowed it to proceed to the floor with under an open rule.  Authorizers used points-of-order to eliminate provisions they identified as improper legislation on an appropriations bill, and appropriators in turn eliminated major portions of transportation funding that were unauthorized, including the entire federal-aid highway program, all transit funding, and all funding for Amtrak.  The House leadership was able to regain control of the bill late last Wednesday night, agreeing to consider 19 amendments.  Only 19 of the amendments are transportation related.  While the elimination of most of the transportation funding will not be restored before the House completes consideration of the bill, lawmakers have indicated that their actions are largely symbolic.  Funding for transportation programs is expected to be restored during the House/Senate conference.
 
 
Senate Passes FY 2005 Homeland Security Appropriations Bill
 
On Tuesday, September 14, the Senate passed a $33.8 billion spending bill for Homeland Security (H.R. 4567)  by a vote of 93-0, after accepting several amendments for additional funding .  An amendment offered by Senator Ensign to add $75 million for improving airport baggage screening machines was adopted by voice vote.  Senator Max Baucus (D-MT) and Senator Conrad Burns (D-MT) offered an amendment to add $2.65 billion for emergency disaster assistance to agricultural producers who suffered losses due to hurricanes, droughts, freezes, floods and other natural disasters was also approved by voice vote.  In addition, Senator Chris Dodd (D-CT) and Senator Debbie Stabenow offered an amendment that would add $100 million for fire department grants was approved by voice vote.  Several other Democratic amendments were defeated or tabled. 

The final bill provides $3.6 billion for state and local first responders and other activities.  In addition, the bill contains funding levels for the following programs:  $940 million for the State Homeland Security Grant Programs (SHSGP), a reduction from the FY 04 level of $1.7 billion.  $1.2 billion for the Urban Areas Security Initiative Grants (UASIG), including $150 million for port security grants, $150 million for rail and transit security grants, $10 million for intercity bus security grants, and $15 million for trucking industry security grants; $800 million for the firefighter grants program; $400 million for the Law Enforcement Terrorism Prevention program grants; $30 million for the Citizen Corps program; $236 million for Emergency Management Performance Grants (EMPG); and $2.1 billion for the Disaster Relief program. 
 
The measure will now move to conference with negotiations beginning sometime this week. 
 
 
Senate Committee Approves Labor/HHS/Education Spending Bill
 
On Tuesday, September 14, the Senate Appropriations Committee approved the FY 2005 spending bill for the Departments of Labor, Health and Human Services, and Education which provides $142.3 billion in discretionary spending.  The measure provides $64.5 billion in discretionary spending for the Department of Health and Human Services, including $250 million in additional funding for the community health centers bringing its total funding to $1.18 billion and an additional $111 million for the Low-Income Home Energy Assistance Program (LIHEAP).
 
The bill includes an increase from the FY 2004 level of $1.1 billion or 9.1 percent for Title I and a $1.161 billion increase for IDEA Part B.  The bill eliminates the $296 million Innovative Programs, Title V, Part A of the No Child Left Behind Act, which provides flexible funds to state education agencies and local school districts to engage in a variety of educational activities that best meet state and local needs. 
 
The House approved their version of the bill, H.R. 5006, which provides $142.5 billion in discretionary spending on September 9, 388-13.
 
 
Senate Appropriations Committee Approves FY 2005 CJS Spending Bill
 
The Senate Appropriations Committee approved its $39.8 billion, FY 2005 appropriations bill for the Departments of Commerce, Justice, State, and the Judiciary and related agencies. The Department of Justice is funded at $20.4 billion ($400 million below House level).  The measure provides $2.6 billion for state and local enforcement programs ($125 million below 04 levels), including $500 million for the Byrne state formula grant program, $410 for the Violence Against Women program, and $100 million for interoperable communications.  Senate appropriators did not consolidate the Byrne and Local Law Enforcement Block grants program into a Justice Assistance Grant as the Administration has requested in a legislative proposal being considered by the Senate Judiciary Committee.  Earlier this year, the House passed legislation consolidating the programs. 
 
During the mark-up Chairman Ted Stevens (R-AL) decided not to offer his proposal to impose a one year moratorium on new regulations affecting Voice over Internet Protocol (VoIP) service.
 
 
Senate Committee Approves FY 2005 Interior and Agriculture Spending Bills
 
On Tuesday, September 14, the Senate Appropriations Committee passed the fiscal year (FY) 2005 appropriations bill for the Department of Interior and related agencies by a vote of 29-0. The bill provides $20.2 billion, compared to the President's request of $19.9 billion and the FY 2004 level of $20 billion. The measure includes:$94 million in stateside Land and Water Conservation Fund grants,  $3 million more than provided in the House bill and $1 million less than last year; $75 million for State Wildlife Grants, $5.9 million more than last year; $82.6 million for State Cooperative Endangered Species Fund, $1 million more than last year;and $43.8 million for State Energy Grants, the same as last year.  The committee also provided an additional $500 million in emergency firefighting funds for the Forest Service.
 
Senator Robert Byrd (D-W.Va.) proposed an amendment to extend the Abandoned Mine Land Reclamation (AML) Fund for one-year, but members instead agreed to a nine-month extension (until June 31, 2005).

The Appropriations Committee also passed the FY 2005 appropriations bill for the Department of Agriculture . The bill, passed by voice vote, provides a total of $84 billion - $16.8 billion in discretionary spending, which is the same level passed by the House and $67 million less than provided last year. Some provisions include $11.4 billion for child nutrition programs, $990 million for conservation programs, and $1.5 billion for farm assistance programs. Most farm bill conservation programs would be funded at levels close to the President's budget request, but would still be below levels authorized in the 2002 farm bill.  The committee lifted the cap on the Conservation Security Program, restoring it as a mandatory entitlement. For FY 2005, the Administration requested $209 million for CSP and the House provided $194 million.

 

 

AML Reauthorization Still Pending in House and Senate

There has been mixed movement in the Senate on efforts to reauthorize the Surface Mining Control and Reclamation Act and the Abandoned Mine Land (AML) Reclamation Fund, which provides funds to states for cleanup of abandoned coal mines. Yesterday morning, at a scheduled business meeting of the Senate Energy and Natural Resources Committee, Senator Craig Thomas' (R-Wyo.) bill (S. 2086) was discussed but not acted upon. Instead, Senators agreed to discuss the measure during a members-level meeting. The committee's action was spurred by the Senate Appropriations Committee which added the extension onto the FY 2005 Interior Spending bill (see above story for further details). 

Meanwhile in the House, Resources Committee staff has indicated that talks have shifted to a simple extension of the fee-collection authority. There has been no indication on the length of time.

 

 
Aviation Security Bill Could Advance
 
The aviation security bill that was approved by the House Transportation and Infrastructure Subcommittee on Aviation on Wednesday, September 15, may be rolled into an omnibus package of September 11 Commission recommendations.  The draft bill includes the major aviation security recommendations of the commission, including establishing biometrics standards and promoting technologies to identify terrorists and confirm the identity of passengers.  It would require the Transportation Security Administration to conduct passenger prescreening against the "automatic selectee" and "no-fly" lists, and would require air carriers to provide passenger name record data to the federal government.  In addition, the draft bill provides $250 million annually in mandatory spending for installation of integrated, in-line explosive detection systems through the Aviation Security Capital Fund and directs TSA to develop technology to better identify, track, and screen air cargo.
 
Key Committee Meetings/Markups
 
Appropriations.  The Senate appropriations Committee is scheduled to mark-up the FY 2005 appropriations bills for the Departments of Veterans Affairs, Housing and Urban Development, NASA, and the Environmental Protection Agency on Tuesday, September 21, at 2:30 p.m. in S-128 of the Capitol.
 
Aviation Security.  The Senate Commerce, Science, and Transportation Committee has scheduled a markup of legislation (S. 2393) to improve aviation security for Wednesday, September 22 at 9:30 a.m., 253, Russell Senate Office Building.
 
Criminal Justice. 
The Senate Judiciary Committee has scheduled a markup on several measures, including a bill (S.1700) to improve and expand the DNA testing capacity of federal, state, and local crime laboratories and a bill (S. 1860) to reauthorize funding for the ONDCP policy for Tuesday, September 21 at 10:00 a.m. in 226 Dirksen Senate Office Building.
 
The House Judiciary Committee has scheduled a markup for Wednesday, September 22 at 11:00 a.m. in 2141 Rayburn House Office Building on several measures including legislation to improve and expand the DNA testing capacity of federal, state, and local crime laboratories. 
 
The House Government Reform Subcommittee on Criminal Justice, Drug Policy, and Human Resources will hold a Wednesday, September 22, hearing at 2:00 p.m., in 2247 Rayburn House Office Building titled "Access to Recovery: Improving Participation and Access in Drug Treatment."
 
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security has scheduled a Thursday, September 23 markup of legislation (H.R. 4547 and S. 1194) relating to drug treatment and the mentally ill (9:00 a.m., 2141 Rayburn).
 
Education.  The House Energy and Commerce Subcommittee on Oversight and Investigations has secured a Wednesday, September 22, oversight hearing on the E-Rate Program for 10:00 a.m., 2123 Rayburn House Office Bldg.
 
Health.
The House Energy and Commerce Subcommittee on Health has scheduled a Tuesday, September 21, oversight hearing at 2:00 p.m., in 2123 Rayburn House Office Building on the Medicare Modernization Act.
 
The Senate Health, Education, Labor, and Pensions Committee has scheduled a markup on legislation (S. 2283) to extend federal funding for operation of state high risk health insurance pools for Wednesday, September 22, at 10:00 a.m., in 430 Dirksen Senate Office Building.
 
The Senate Health, Education, Labor, and Pensions Committee has scheduled a hearing on Thursday, September 23, at 2:00 p.m, in 430 Dirksen Senate Office Building titled "Prescription Drug Abuse and Diversion: The Role of Prescription Drug Monitoring Programs."