May 23, 2005
The Senate will continue its deliberations on judicial nominations and the filibuster rule beginning today, May 23. All night debate is expected and a cloture vote could come tomorrow morning on the nomination of Priscilla Owen to the 5th Circuit Court of Appeals. The vote could launch a parliamentary procedure to alter Senate rules and prohibit filibusters on judicial nominations. In addition, Senate Minority Leader Harry Reid has objected to a request to allow Senate committees to meet for longer then two hours after the Senate convenes for the day.
The House convened today to consider 17 bills under suspension, including the Servicemembers' Health Insurance Protection Act of 2005 (H.R. 2046). Two bills on stem cell research are scheduled for floor action as well (H.R. 596 and H.R. 810). Floor action this week also includes the consideration of two FY 2006 appropriations bills. The first (H.R. 2419) provides $29.7 billion to fund energy and water programs; the second provides $121.8 billion to fund the U.S. Department of Veterans Affairs.
Both chambers could also consider a seventh short-term extension of surface transportation programs this week since it appears that a conference agreement on the the two versions of the reauthorization legislation (H.R. 3) cannot be reached before the current extension expires on May 31. It is unclear whether this extension will be "clean" or will include House language that would prevent states from incurring new contract authority or obligations in an effort to keep the pressure on Congress to act quickly on the reauthorization bill.
COMMITTEE MARK-UPS
Key Senate committee markups include the comprehensive energy bill and Head Start. Mark-up of the energy bill is scheduled for tomorrow, Tuesday, May 24, Wednesday, May 25, and Thursday, May 26. The committee is scheduled to take-up the sections on oil and gas, nuclear power, and renewables. Amendments are expected regarding oil and gas exploration in the Outer Continental Shelf, siting of liquefied natural gas terminals, and a mandatory renewable portfolio standard for utilities. The Senate Health, Education, Labor, and Pensions Committee has scheduled a markup of the Head Start Improvements for School Readiness Act on Wednesday, May 25. The legislation would reauthorize the Head Start program and is aimed at improving the coordination between state and local activities in the Head Start program, better aligning Head Start with K-12 education, and improving student school readiness.
SENATE PASSES HIGHWAY BILL
Last week, the Senate passed its $295 billion six-year surface transportation reauthorization bill (H.R. 3) by a vote of 89-11. During floor action, the chamber rejected two amendments before final passage - one (on a 16-84 vote) by Senator Jeff Sessions (R-Ala.) to lower the bill's funding level to the $284 ceiling set by the Administration; and one (on a 14-86 vote) by Senator George Allen (R-Va.) to strike a new program in the bill that bases some of a states' safety grants on their enactment of primary seat belt laws. The measure provides $11.2 billion more than the House-passed version. Of that amount, $8.9 billion more is provided for highways and $2.3 billion more for transit spending. The majority of the enhanced highway funds ($6.8 billion through FY 2009) would be used to immediately increase the minimum rate of return for states that pay more to the government in gas taxes than they get in highway money to 91 cents per dollar immediately and then 92 cents by fiscal year 2009 from the current 90.5 cents. States that receive more than they send in highway taxes to the trust fund would be guaranteed a 15 percent increase in funding over what they received from the 1998 law.
The tax title of the measure raises revenues through several provisions, including the prohibition of sale in, lease-out tax shelter transactions; clarifying the economic substance doctrine (requires any business activity to be done for genuine profitable purpose and not to just lower taxes) and doubling from 20 percent to 40 percent the IRS penalty for transactions deemed to lack economic substance; combating fuel fraud, including a proposal that would prevent untaxed gasoline blendstocks from being mixed into taxed fuel; shifting revenue from a tax on cars that get less than 22.5 miles per gallon from the general fund to the Highway Trust Fund, and; cracking down on tax fraud, including the imposition of a new tax on the net unrealized gain of expatriates' property.
Conferees to the transportation conference committee have not been named yet, however House and Senate Republican leaders announced last week that Rep. Don Young would chair the Committee. House Speaker Dennis Hastert has also indicated he will name Majority Leader Tom Delay to the conference.
HOUSE PASSES INTERIOR AND ENVIRONMENT APPROPRIATIONS BILL
The House approved the Interior, Environment, and Related Agencies appropriations bill by a vote of 329-89 late last Thursday night (May 19). $26.2 billion for FY 2006 for the Department of Interior, the Environmental Protection Agency, and other related agencies is provided. The House adopted an amendment that increased funding for the Payment in Lieu of Taxes (PILT) Program by $12 million. The House also rejected an amendment to lift the moratorium on natural gas drilling on the outer continental shelf.
FY 2005 enacted level was $26.7 billion, President's FY 2006 request $25.7 billion.
Major provisions in the bill include $850 million for the Clean Water SRF, $241 less than FY 2005 level, $120 million more than President's request; $850 million for the Safe Drinking Water State Revolving Loan Fund, $47 million more than FY 2005; $2.7 billion for Wildland firefighting and the National Fire Plan, which is an increase of $120 million from FY 2005; $1.3 billion for Superfund, $11 million more than FY 2005; $317 million for the Department of Interior's Cooperative Conservation Agreement, $79 million less from FY 2005; $242 million for the PILT Program, $42 million more than the President's request and $15 million above FY 2005; and the elimination of the stateside portion of the the Land and Water Conservation Fund (LWCF), which was funded last year at $91.5 million.
Last week, the House passed legislation (424-4) that would authorize $34.3 billion (H.R. 1817) for the Department of Homeland Security . The legislation is the first authorization bill for the two-year old department. For specific provisions in the bill, please visit the U.S. House Committee on Homeland Security website: http://hsc.house.gov/
Chairwoman Collins of the Senate Homeland Security and Governmental Affairs Committee has indicated her preference in taking up the measure next year. It is unclear at this point what the Senate will move forward with.
HOUSE PASSES FY 2006 HOMELAND SECURITY APPROPRIATIONS BILL
By a vote of 424 to 1, the House approved the Homeland Security Appropriations bill, which includes $40.85 in discretionary funds and $1 billion in mandatory funding for operations and activities of the U.S. Department of Homeland Security for FY 2006. The legislation provides $3.6 billion in first responder grants, including $750 million for state basic formula grants; $850 million for urban area grants; $150 million for rail security; $150 million for other infrastructure protection; $650 million for firefighter grants; $400 million for state and local law enforcement terrorism prevention grants; $180 million for Emergency Management Performance Grants; and $200 million for first responder training.
A total of 10 percent of the state basic formula grant and the urban area grants must be provided to Emergency Medical Service providers. The measure would provide $2 billion for disaster relief, $5 million for trucking security, and $4 million for hazardous materials truck tracking.
During floor consideration of H.R. 2360, an amendment was adopted to add $50 million to the fighter grants program, bringing the total funding to $650 million. In addition, the House approved an amendment offered by House Appropriations Committee ranking member David Obey to provide $100 million for states to implement the REAL ID legislation, which was signed into law by President Bush last week.
SENATE COMMITTEE APPROVES WORKFORCE INVESTMENT ACT LEGISLATION
Last week, the Senate Health, Education, Labor, and Pensions (HELP) Committee a bill (S. 1021) by voice vote, that rewrites and reauthorizes the 1998 Workforce Investment Act (WIA) which governs job training programs for youths, veterans, and season and migrant workers. The 1998 WIA law consolidated more than 60 programs into state block grants and established one-stop career centers where job seekers could apply for aid and receive counseling. S. 1021 would reduce the number of required members on local workforce boards, encourage business participation, and require states to use 10 percent of allotted funds to help workers find higher-paying jobs.
The Senate bill does not include two provisions that the House included in their WIA bill (H.R. 27) including the combination of funding funding for adults, dislocated workers and employment services (ES) into a single $3 billion block grant and allowing faith-based groups that receive WIA funding to use religious preferences in hiring.
HOUSE EDUCATION COMMITTEE APPROVES HEAD START LEGISLATION
The House Education and the Workforce Committee approved (by a vote of 48-0) the School Readiness Act of 2005 (H.R. 2123) last week. The bill would reauthorize the Head Start program, which provides comprehensive child development services to low-income children, pregnant women, and families. The bill would encourage greater competition in the federal Head Start early childhood program, strengthen school readiness, increase the role of states in Head Start, and better align Head Start with K-12 education standards. A copy of the legislation can be found on the Committee's website: http://edworkforce.house.gov/index.htm
HOUSE COMMITTEE APPROVES VETERANS AFFAIRS APPROPRIATIONS
The House Appropriations Committee approved $121.8 billion in funding for programs of the Department of Veterans Affairs for FY 2006. The bill provides $21 billion for health care of veterans, which is $1.64 billion above the FY 2005 level. It includes $2.2 billion for specialty mental health care and would not increase fees and co-payments for prescription drugs, as was proposed in the Administration's budget request. In addition, the bill provides $1.5 billion for base realignment and closure activities.
HHS ESTABLISHES MEDICAID COMMISSION
Last week, U.S. Secretary of Health and Human Services, Mike Leavitt, signed a charter which would establish a Medicaid Commission that would advise the Secretary on ways to modernize the Medicaid program. A notice announcing the establishment of the commission and seeking nominations for members is set for publication in tomorrow's Federal Register. The notice will also discuss the group's purpose. The Medicaid Commission is a result of Senator Gordon Smith's (R-Ore) urging as part of the FY 2006 budget agreement. The Medicaid Commission will submit two reports to Congress; the first report will be due on September 1, with suggestions on achieving the $10 billion (over 5 years) in Medicaid reductions required under budget resolution. The second report, due by December 31, 2006, would make recommendations on the future of the Medicaid program that ensures its long-term sustainability.
The structure of the commission will consist of 15 voting members, including former or current Governors; three representatives of public policy organizations involved in major health care policy issues for families, individuals with disabilities, low-income individuals, or the elderly; former or current state Medicaid directors; individuals with expertise in health, finance, or administration; federal officials who administer programs that service the Medicaid population; the HHS Secretary or designee, as well as other members the Secretary may specify, and ex-officio members. A group of 15 nonvoting advisers will offer the commission their Medicaid expertise and will include state and local government officials and consumer and provider representatives.
Congressional representatives on the committee will consist of eight policy experts designated by House/Senate leaders.
*some info taken from the May 23 edition of BNA.