In the waning moments of the first session of the 108th Congress, conferees were able to strike a deal on a historic prescription drug package for Medicare beneficiaries, ending a six-year-long battle to enact such legislation. Other completed actions of the first session included an expansion of last year’s tax cut and authorization of a global HIV/AIDS package. Negotiations on these measures also prevented lawmakers from considering other legislation, including reauthorization of the 1996 welfare reform law.
Consideration of appropriations bills consumed a significant part of the first session when lawmakers had to finish work on eleven of the thirteen FY2003 spending bills that were carried over from the 107th Congress (see The Source, 2/21/03 for detailed FY2003 spending levels).
Although lawmakers worked to avoid a repeat of last year’s actions, final approval of seven of the thirteen annual bills was pushed to next year. Congress approved a continuing resolution (P.L. 108-135) funding those programs through January 31, 2004. The FY2004 Consolidated Appropriations Act (H.R. 2673) incorporates the following seven spending bills that were still pending when Congress recessed for Thanksgiving: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies; District of Columbia; Foreign Operations, Export Financing, and Related Programs; Departments of Labor, Health and Human Services, and Education, and Related Agencies; Transportation, Treasury, and Independent Agencies; and Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies.
While the House approved the FY2004 omnibus spending bill on December 8, the Senate will not vote on the spending package until January 2004. As such, this summary of legislative action does not contain information on the funding levels for the FY2004 appropriations bills. WPI will publish a separate summary of those funding levels upon completion of the FY2004 spending bills.
At press time, public law numbers were not available for those bills most recently passed by Congress, therefore bill numbers are provided.
Actions Completed
Abortion Restriction: Congress approved legislation (P.L. 108-105) to prohibit “partial-birth abortions” (October 2003).
Adoption Promotion: Congress approved legislation (P.L. 108-145) to reauthorize payments to states to promote adoption (December 2003).
AMBER Alert: Congress approved legislation (P.L. 108-21) to create a nationwide AMBER Alert system to locate missing children (April 2003). The legislation included a number of other provisions aimed at curbing crimes against children, including a minimum 20-year sentence for kidnapping, elimination of the statute of limitations for child abduction and sex crimes, mandatory life imprisonment for twice-convicted child sex offenders, denial of pre-trial release for those who are accused of raping or kidnapping children, providing judges with the discretionary authority to require up to a lifetime of supervision for sex offenders, an expansion of the use of wiretaps by law enforcement personnel investigating child sex crimes, and reinstating a ban on virtual pornography.
Barbara Kennelly Post Office: Congress approved legislation (P.L. 108-119) designating a postal facility in Hartford, Connecticut, as the “Barbara B. Kennelly Post Office Building” (November 2003). Birth Defects: Congress approved a bill (P.L. 108-154) to reauthorize and expand the Birth Defects Prevention Act (P.L. 105-168) (December 2003).
Child and Spousal Abuse Prevention: Congress approved legislation (P.L. 108-36) to extend programs aimed at preventing child abuse and family violence, and protecting and treating abused children (June 2003).
Child Care in the Military: Congress also approved legislation (P.L. 108-136) to authorize $16.5 million in FY2004 for child development centers at the DoD through the FY2004 defense authorization bill (November 2003).
Child Nutrition Programs: Congress approved legislation (P.L. 108-134) to reauthorize child nutrition programs through March 31, 2004 (November 2003).
Child Tax Credit: Congress approved legislation (P.L. 108-27) to temporarily increase the child tax credit from $600 to $1,000 in 2003 and 2004. In 2005, the credit will be reduced to $700 (May 2003).
Contracting: Congress approved legislation (P.L. 108-136) to require the Secretary of Defense to commission a study on the use of small businesses, minority-owned businesses, and women-owned businesses in the U.S. efforts to rebuild Iraq. The provision was included in the defense authorization bill (November 2003). The legislation also included a provision to restrict the bundling of DoD contracts that unreasonably disadvantage small businesses.
Dorothy Height Gold Medal: Congress approved legislation (P.L. 108-162) granting a congressional gold medal to Dr. Dorothy Height (December 2003).
E-mail Spam: Congress approved legislation (S. 877) making it a federal crime to send fraudulent or deceptive e-mail spam (December 2003).
Financial Literacy: Congress approved legislation (P.L. 108-159) to reauthorize the Fair Credit Reporting Act (P.L. 104-208). Included in that measure was a provision to establish a Financial Literacy and Education Commission to improve federal financial literacy and education programs in the United States (December 2003).
FY2004 Budget Resolution: Congress completed action on the FY2004 budget resolution (H. Con. Res. 95) on April 11, 2003. The resolution provided for $784.5 billion in discretionary funding in FY2004, the same amount requested by the President (April 2003).
Global HIV/AIDS Prevention: Congress approved legislation (P.L. 108-25) to authorize $3 billion each year from FY2004 through FY2008 for global HIV/AIDS, TB, and malaria programs (May 2003).
Health Savings Accounts: Congress passed legislation (P.L. 108-173) to establish tax-free, employer-sponsored Health Savings Accounts. The provision was included in a bill to provide a Medicare prescription drug benefit (December 2003).
Income Tax Reductions: Congress approved legislation (P.L. 108-27) to temporarily expand previously enacted income tax reductions. The highest income tax bracket was lowered from 38 to 35 percent, with other brackets lowered to 33, 28, and 25 percent, effective retroactively to January 1, 2003. The 10 percent tax bracket also was temporarily expanded to include the first $7,000 of income for an individual and the first $14,000 of income for married couples filing jointly (May 2003). The expansion will sunset in 2005.
Marriage Penalty Relief: Congress approved legislation (P.L. 108-27) to temporarily relieve the marriage penalty by expanding the 15 percent tax bracket and standard deduction for married couples to twice that of single taxpayers for 2003 and 2004. The marriage tax penalty relief provision will sunset in 2005 (May 2003).
Medicaid Funding: Congress approved legislation (P.L. 108-27) to provide $20 billion in aid to cash-strapped states, half of which would go toward increasing the federal share of Medicaid costs (May 2003). The provision was included in the tax cut legislation.
Mental Health Parity: Congress approved legislation (S. 1929) extending for one year a law requiring insurers to impose equitable lifetime limits for mental and physical health benefits (December 2003).
Patsy Mink Post Office: Congress approved legislation (P.L. 108-57) designating a post office in Hawaii as the “Patsy Takemoto Mink Post Office Building” (July 2003).
Pediatric Research Equity: Congress approved legislation (S. 650/P.L. 108-155) to require new applications to the Food and Drug Administration to investigate a drug’s or product’s safety for children (December 2003).
Prescription Drug Coverage for Medicare Beneficiaries: Congress approved legislation (P.L. 108-173) to provide a prescription drug benefit to Medicare beneficiaries (December 2003).
Prison Rape: Congress approved legislation (P.L. 108-79) to reduce the incidence of prison rape (September 2003).
Runaway, Homeless, and Missing Youth: Congress approved legislation (P.L. 108-96) to extend a program aiding runaway, homeless, and missing youth (October 2003).
Sexual Assault: Both the Senate and the House approved a resolution (S. J. Res. 8) recognizing the importance of raising awareness and encouraging the prevention of sexual assault in the United States (April 2003/June 2003).
Sexual Harassment and Violence in the Military: Congress approved legislation (P.L. 108-136) requiring the Secretary of Defense to establish a civilian and military task force to address sexual harassment and violence at the U.S. Military and Naval Academies. The provision was included in the defense authorization bill (November 2003). The legislation also includes a provision requiring travel and transportation allowances to be made for dependents who are victims of domestic violence and are relocating for personal safety; a provision requiring that transitional compensation be made available to victims for three years after the sentencing of a domestic violence offender; and a mandatory review by the Secretary of Defense of each domestic violence or child fatality.
Small Business Administration (SBA) Reauthorization: Congress approved legislation (P.L. 108-172) to temporarily reauthorize the SBA through March 15, 2004 (December 2003).
State Children’s Health Insurance Program (SCHIP): Congress approved legislation (P.L. 108-54) to extend the availability of SCHIP funds allocated to states for FY1998-1999 through FY2004 (August 2003).
Stoning: Both the House and the Senate approved resolutions (H. Con. Res. 26/S. Con. Res. 26) condemning the punishment of execution by stoning (March 2003/May 2003).
Trafficking in Women and Children: Congress approved legislation (H.R. 2620) to reauthorize the Trafficking Victims Protection Act of 2000 (P.L. 106-386) through FY2005 (December 2003).
Unemployment Benefits: Congress approved legislation (P.L. 108-1) to extend a federal program that provides additional unemployment benefits to laid-off workers through the end of May 2003 (January 2003).
Welfare Reform: Congress approved legislation (P.L. 108-89) to extend the programs of the 1996 welfare reform law (P.L. 104-193) that expired on September 30, 2002 through March 31, 2004 (October 2003).
Outstanding Issues
Association Health Plans (AHPs): The House passed legislation (H.R. 660) designed to make health care more affordable for small businesses by establishing AHPs (June 2003). The Senate did not consider similar legislation; however, a committee hearing was held on the subject (February 2003).
Bankruptcy: The House approved legislation (H.R. 975) designed to revamp the nation’s bankruptcy laws (March 2003). The Senate did not consider similar legislation.
Breast Cancer Stamp: The Senate approved a bill (S. 2000) to reauthorize the breast cancer stamp for two years through December 31, 2005 (December 2003). The House did not consider a similar bill.
Charitable Giving: Both the Senate and House approved legislation (S. 476/ H.R. 7) that would provide tax incentives to encourage charitable giving by individuals and corporations (April 2003/September 2003). Senate Democrats blocked a motion to send the bill to conference with the House (October 2003).
Child Care and Development Block Grant (CCDBG): The Senate Health, Education, Labor, and Pensions Committee approved a bill (S. 880) to reauthorize the CCDBG (April 2003). The House included reauthorization of the program in its welfare reform bill (H.R. 4), which was approved in February.
Child Tax Credit: Both the House and Senate approved legislation (H.R. 1308) pertaining to the child tax credit (June 2003). The Senate-passed bill would restore the eligibility for the child tax credit to certain low-income children and families, while the House-passed bill would provide for additional tax cuts and expand the child tax credit. Conferees were unable to reach an agreement on a final bill prior to adjournment.
Community Services Block Grant (CSBG): The House Education and the Workforce Committee approved a bill (H.R. 3030) to reauthorize the CSBG (October 2003). The Senate Health, Education, Labor, and Pensions Committee also approved a similar bill (S. 1786) in October.
Compensatory Time: The House Education and the Workforce Committee approved legislation (H.R. 1119) that would allow private sector employees to choose paid time off as compensation for working overtime (April 2003). Although the bill was scheduled for floor action, it was pulled just prior to consideration. The Senate did not consider similar legislation.
Department of Justice (DoJ) Reauthorization: The House Judiciary Committee approved a bill (H.R. 1306) to reauthorize the DoJ (September 2003). The Senate did not consider a similar bill.
DNA Analysis: The House approved a bill (H.R. 3214) that includes a number of proposals to improve the collection and analysis of DNA for criminal prosecutions (November 2003). The Senate did not consider similar legislation.
Estate Tax: The House approved a bill (H.R. 8) that would permanently repeal the estate tax (June 2003). The Senate did not consider a similar bill.
Genetic Discrimination: The Senate approved legislation (S. 1053) that would prohibit employers and health insurance companies from discriminating against applicants based on genetic information (October 2003). The House did not consider similar legislation.
Head Start Reauthorization: The House approved a bill (H.R. 2210) that would reauthorize the Head Start program (July 2003). Similar legislation (S. 1940) was approved by the Senate Health, Education, Labor, and Pensions Committee in October.
Human Cloning: The House approved legislation (H.R. 534) that would prohibit human cloning (February 2003). The Senate did not consider similar legislation, although two committee hearings were held on the subject (March 2003).
Indian Family Violence: The Senate Indian Affairs Committee approved a bill (S. 1601) that would reauthorize the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630) (October 2003). The House did not consider similar legislation.
Individuals with Disabilities Education Act (IDEA): The House approved legislation (H.R. 1350) to reauthorize IDEA (May 2003). The Senate Health, Education, Labor, and Pensions Committee later approved its version of the bill (S. 1248) (June 2003).
Mammography Quality Standards Act (MQSA): The Senate Health, Education, Labor, and Pensions Committee approved a bill (S. 1879) to reauthorize the MQSA (November 2003). The House did not consider similar legislation.
Medicaid Coverage for Disabled Children: The Senate Finance Committee approved legislation (S. 622) that would allow states to extend Medicaid coverage to disabled children whose families currently do not qualify (September 2003). The House did not consider similar legislation.
Medical Devices in Children: The Senate approved legislation (S. 1881) to make technical changes to the Medical Device User Fee and Modernization Act of 2002. One of those changes included requiring the Secretary of Health and Human Services to report on the barriers to the availability of devices intended for the treatment or diagnosis of diseases and conditions that affect children (November 2003). The House did not consider similar legislation.
Medical Liability: The House approved a bill (H.R. 5) aimed at limiting medical malpractice awards (March 2003). The Senate was unable to consider similar legislation (S. 11) due to a motion to invoke cloture that failed to garner the 60 votes necessary to proceed to consideration of the bill (July 2003).
Mexico City Policy: During consideration of a bill (S. 925) to reauthorize the State Department, the Senate agreed to an amendment that would overturn the Mexico City policy, which bars overseas nongovernmental organizations that receive U.S. aid from using their own money to perform abortions or to lobby foreign governments on abortion policy. However, the bill was pulled from the floor prior to a vote on final passage (July 2003).
Microenterprise: The House passed legislation (H.R. 192) that would provide small loans to entrepreneurs and small business owners in developing countries (May 2003). The Senate Foreign Relations Committee approved the bill in May.
National Women’s History Museum: The Senate approved a bill (S. 1741) to provide a site for the National Women’s History Museum in the District of Columbia (November 2003). The House did not consider similar legislation.
Obesity: The Senate approved a bill (S. 1172) aimed at combating the growing problem of obesity (December 2003). The House did not consider similar legislation.
Pension Reform: The House Ways and Means Committee approved legislation (H.R. 1776) that would accelerate the increases in contribution limits for 401(k) pension plans and IRAs, in addition to a series of other reforms (July 2003). The Senate did not consider similar legislation.
Prescription Drug Coverage for Federal Retirees: The House approved a bill (H.R. 2631) that would ensure that the Federal Employees Health Benefits Program provides federal retirees with the same prescription drug benefit as it currently provides to federal employees (July 2003). The Senate did not consider similar legislation.
Respite Care: The Senate approved legislation (S. 538) that would provide assistance to unpaid family caregivers (April 2003). The House did not consider similar legislation.
Small Business Administration (SBA) Reauthorization: The Senate approved a bill (S. 1375) to reauthorize the SBA (September 2003). The Senate-passed bill includes provisions of the Women’s Small Business Improvement Act (S. 1154), which also was approved by the Senate as a stand-alone bill (June 2003). The House Small Business Committee approved its version of the reauthorization bill (H.R. 2802), but the bill did not reach the House floor (July 2003).
State Department Reauthorization: The House approved a bill (H.R. 1950) to reauthorize the State Department (July 2003). While the Senate Foreign Relations Committee approved its version of the bill (S. 925), the measure was pulled from the Senate floor to avoid consideration of an amendment to increase the minimum wage (July 2003). An attempt to offer the Senate bill as an amendment to the FY2004 foreign operations appropriations bill was defeated by the Senate (October 2003).
Teacher Loan Forgiveness: The House approved a bill (H.R. 438) that would increase student loan forgiveness for math, science, and special education teachers (July 2003). The Senate did not consider a similar measure.
Teacher Recruitment and Retention: The House passed a bill (H.R. 2211) that would provide incentives for teachers in subjects with teacher shortagesnamely math, science, and special educationto teach in “high-need” schools (July 2003). The Senate did not consider a similar measure.
Unborn Victims of Violence: The House Judiciary Subcommittee on the Constitution approved a bill (H.R. 1997) that would create a separate offense if an individual kills or injures an “unborn child” while committing a federal crime against a pregnant woman (July 2003). The Senate did not consider similar legislation.
Victims’ Rights Amendment: The Senate Judiciary Committee approved a proposed constitutional amendment (S. J. Res. 1) that would guarantee certain procedural rights to victims of violent crimes (September 2003). The House did not consider similar legislation.
Video Voyeurism: The Senate approved a bill (S. 1301) that would make it a federal crime to knowingly videotape, film, or photograph an improper image of another individual (September 2003). The House did not consider similar legislation.
Welfare Reform: The House approved a bill (H.R. 4) to reauthorize the 1996 welfare reform law (February 2003). The Senate Finance Committee approved its version of the bill in September, but the measure was not considered by the Senate prior to adjournment.
Workforce Investment Act (WIA): The House approved legislation (H.R. 1261) to reauthorize the WIA (May 2003). The Senate later approved its version of the bill (S. 1627) (November 2003).
