Senate leader loses first round on omnibus bill, but passage likely

Senate Majority Leader Bill Frist, R-Tenn., failed Tuesday in his effort to move the fiscal 2004 omnibus appropriations measure to a vote, falling short of the 60 votes needed to end debate on the Senate floor.

"We're not quite to 60 yet," Frist admitted before the vote. The final vote was 48-45 in favor of ending debate.

Despite weeks of lobbying senators on both sides of the aisle for speedy enactment of the $820 billion measure, Frist and Appropriations Committee Chairman Ted Stevens, R-Alaska, were unable to peel away enough Democratic votes and keep all GOP senators on board for cloture.

But the measure (H.R. 2673) is expected to pass before the current continuing resolution funding the government at fiscal 2003 levels expires Jan. 31, and a top Republican aide said it could be approved as early as this week.

Frist said if cloture fails he would continue to make the case to his fellow Republicans and Democrats that the bill contains necessary funding increases such as $3.1 billion more for veterans' health care and $2 billion for special education. A Frist spokeswoman later said that once this afternoon's cloture vote fails, a new cloture petition would be filed to force a vote Thursday. Senate Commerce Committee Chairman John McCain, R-Ariz., a critic of the bill, said it would likely pass Thursday.

Senate Minority Leader Tom Daschle, D-S.D., said Monday he expected the measure to go through, but not before assurances were granted that provisions opposed by Democrats and some Republicans -- such as a two-year delay of mandatory country-of-origin labeling of meat and produce -- would be addressed separately. Frist said he had not yet discussed the matter with Daschle but would later this week.

Representatives from groups such as the Florida Tomato Exchange, R-CALF and Public Citizen had scheduled a congressional "fly-in" Tuesday to lobby lawmakers for implementation of country-of-origin labeling, which is opposed by grocers and beef producers who say it will cost $3.9 billion in the first year and hurt small farmers and ranchers.

Democrats also oppose a provision lifting the broadcast media ownership cap from 35 to 39 percent and removal of language blocking Labor Department changes to overtime compensation rules. Democratic Policy Committee Chairman Byron Dorgan of North Dakota said he believes the omnibus will ultimately pass. "I believe it will, regrettably," said Dorgan.

Frist said the omnibus would not be reopened to address Democratic concerns over last-minute GOP-negotiated provisions such as the country-of-origin language, and the only alternative to passage by the end of the month was a full-year CR lasting through Sept. 30.

"The time has come to pass this legislation and move on to next year's budget," Frist said.

President Bush is expected to deliver his fiscal 2005 budget request Feb. 2, after outlining his spending priorities in tonight's State of the Union address. Meanwhile, opposition to the omnibus from within Frist's own party has ratcheted up as conservatives are demanding that the administration and Congress draw the line on spending beginning with the 2004 omnibus. Sen. John Ensign, R-Nev., said he told Frist Tuesday he would oppose cloture due to the measure's price tag.

"I think we're out of control spending-wise. We need to get our fiscal house in order," he said.

Rep. Jeff Flake, R-Ariz., issued a statement saying members were being "strong-armed" into supporting the bill because it was loaded with homestate earmarks.