Senate returns to face familiar spending dilemma

The Senate's first order of business Jan. 20 will be a cloture vote on a fiscal 2004 omnibus appropriations bill that wraps together seven remaining spending measures in advance of President Bush's Feb. 2 submission of his fiscal 2005 budget request.

The current continuing resolution, which funds agencies and programs at 2003 levels, expires Jan. 31. Congressional appropriators and agency officials contend passage of the 2004 measure is necessary to properly set baseline funding levels for 2005, since the alternative -- a long-term CR lasting until Oct. 1 -- would continue spending at the lower 2003 totals, leaving many programs in line for smaller 2005 increases.

The administration as recently as two weeks ago -- before much of Washington shut down for the holidays -- expressed support for swift enactment of the omnibus, which includes sought-after increases to administration priorities, including combating the global spread of HIV/AIDS.

But Senate Majority Leader Bill Frist, R-Tenn., has a tough task ahead in convincing 60 senators to vote for cloture, thus cutting off debate on the measure and leading to quick passage.

The bill contains $820 billion in spending -- of which $328 billion is discretionary and the remainder mandatory funds such as Medicare payments financed by payroll taxes and highway construction money from gasoline taxes.

Frist will need the support of several Democrats, and there are stated objections from Minority Leader Tom Daschle, D-S.D., and others over provisions inserted by GOP leaders on gun sales and country-of-origin labeling for meat and produce, among others. There are also rumblings of opposition from Republican budget hawks. But the conference report cannot be amended, and House GOP leaders refuse to reopen it for changes.

A senior Republican aide said the Senate vote remains uncertain but that "the Democrats have no alternative" save a full-year CR, which would shortchange their favored programs, and that GOP budget writers would likely fall into line behind Frist and the administration.

Commerce Committee Chairman John McCain, R-Ariz., may oppose the bill because of its thousands of so-called pork projects. According to Senate Budget Committee estimates, the measure is $6.3 billion over the fiscal 2004 budget resolution -- due to non-emergency Iraq spending, "Project Bioshield" funds and a $1.8 billion rescission of emergency Pentagon funds that did not count against budget caps. But appropriators dispute the Budget Committee's methodology and argue the measure is within the $785.6 billion discretionary limit.

Aides have said, however, that Budget Committee Chairman Don Nickles, R-Okla., does not plan to raise points of order against the bill, although others could choose that tactic. Nickles is in Australia with a Senate delegation this week and could not be reached for comment.