2003 Wrap-Up

Senate and House conferees have finished negotiating on the $328 billion year-end discretionary spending bill. Six of the 13 appropriations bills had been passed previously; the rest were jammed into this 2004 omnibus package. With mandatory spending, the total comes to $820 billion. (It is not open to amendments.) The House passed its version on December 8; the Senate will return on January 20 to vote. The delay in passing the spending bill means that many federal agencies will be funded at current levels through January.

• Africa
• Civil Rights and Religious Liberties
• Ecology and Environment
• Global Security
• Health Care
• Hunger and Human Needs
• Latin America
• Middle East
• Women and Families
• Ask the Director

Africa

HIV/AIDS and MCA
In the spring, under White House pressure, Congress passed an authorization for $15 billion to be used against the AIDS epidemic, over 5 years. Only $200 million would go to the Global Fund to Fight AIDS, TB, and Malaria, which many feel is the best funding vehicle. Though $3 billion was authorized for this year, House-Senate negotiators appropriated only $2.4 billion, in the Foreign Operations Appropriations bill (now a part of the omnibus). Though $400 million more than the President first proposed, it is still much less than needed.

Congress also put $650 million in the Foreign Ops bill for Bush’s Millennium Challenge Account; his plan to give foreign aid to countries making human rights, democratic, and economic reforms. Despite this being progress for direct aid, there are hard questions being asked about the effectiveness of this program for the poorest in Africa. (3rd Quarterly, 2003)

Sudan
A stumbling block in peace talks was overcome in September with the signing of a security agreement between the government and the rebel SPLM/A. Under the deal, Sudan will have two separate armed forces, as well as integrated units, and an internationally monitored cease-fire agreement once a final deal is signed. The breakthrough has raised hopes for a final settlement. On October 22nd, Secretary of State Colin Powell met with negotiators in Kenya, declaring that “the way is now open, it is absolutely clear to me, that the way is now open to a final and comprehensive solution.” (4th Quarterly)

Conflict Diamonds
Congress passed the Clean Diamond Trade Act in April. It commits the U.S. to mandatory implementation of the Kimberley Process Certification Scheme, the international system to which 50 countries have subscribed, including all of the major diamond producing and trading countries.

Since the Kimberley Process is politically, not legally, binding, it relies on governments to pass laws to carry it out. Human rights advocates, and the diamond industry, have played a key role in the scheme — to prevent trading in conflict diamonds. It is a major step forward that the U.S. has passed legislation to implement it. (1st Quarterly)

Landmines
We still await the White House’s review of landmine policy, but indications are the President will abandon previous commitments that the U.S. not use anti- personnel mines by 2003 (except for those in “mixed” systems and in Korea). As part of the review, last year the DoD recommended that the U.S. stop efforts to ban these weapons. The State Department and National Security Council are now reviewing. The President may keep the U.S. outside the treaty and retain this weapon in the U.S. arsenal. (2nd Quarterly)

Judicial Nominations
There was a 30-hour filibuster on appointing judges to federal courts. There is animosity between the two parties on this issue, though there are fewer vacant benches than there were. Vacancies change frequently with retirements and new appointments. Go to www.uscourts.gov. (1st Quarterly, 2003)

Homeland Security
Civil rights advocates prevented the Department of Justice’s draft of the Patriot Act II from being introduced, but several aspects of the bill have been pushed separately: The Terrorist Penalties Enhancement Act (HR 2934) expands the federal death penalty to terrorism-related crimes; the Antiterrorism Tools Enhancement Act (HR 3037) grants federal law enforcement the ability to issue administrative subpoenas without judicial oversight. Both referred to the House Subcommittee on Crime, Terrorism, and Homeland Security. (2nd Quarterly)

Security vs. Civil Rights
HR 2671, the CLEAR Act, has 112 co-sponsors. Referred to the Committee on the Judiciary, which referred it to the Subcommittee on Immigration, Border Security, and Claims. Advocacy is greatly needed to stop this bill, which threatens to undermine security and unity in our communities. (4th Quarterly)

Closing the Border?
Plans for 260 miles of fencing along the Arizona-Mexico border were sent back to the drawing board in July, a victory for immigration and environmental advocates. A piecemeal approach to fencing in Arizona is likely, and the planned 14-mile fence in San Diego should be protested as poor use of funds, and for its environmental impact. (May/June 2003 Report)

Hate Crimes
The Kennedy bill (S 966) is pending, with 49 co-sponsors. Languishing in the Senate Judiciary Committee since May 1, it could use calls to Senators to get it moving. (3rd Quarterly)

Concern about DOJ Policies
The Senate Judiciary Committee continued its series of oversight hearings to examine U.S. progress in the fight against terrorism, with a hearing on 11/18/03, which focused on the ways civil liberties have been affected by post-9/11 counter-terrorism efforts. (July/Aug Report)

Children of Undocumented Immigrants
The DREAM Act (S 1545) passed the Senate Judiciary Committee by a vote of 16-3 on 10/23/03, with 41 co-sponsors. It is on the Senate calendar; advocacy is needed to ensure that the bill is debated and passed soon. The Student Adjustment Act (HR 1684) has not fared as well; after multiple referrals, it has been stuck in the House Subcommittee for 21st Century Competitiveness. (Sept/Oct Report)

Redefining “Waters of the United States”
In January, the administration issued guidelines that would have weakened the Clean Water Act by redefining the “waters of the United States” and removing tens of millions of acres of wetlands and other waterways from Clean Water Act protection. The EPA and the Army Corps of Engineers received more than 133,000 public comments on the issue, and in December 2003 abandoned the plan to narrow the scope of the Clean Water Act. (1st Quarterly, 2003)

Energy Bill
Both chambers passed energy bills (S 14 and HR 6) in 2003. Negotiators agreed upon a conference report on HR 6, which passed the House 246-180. The conference report stalled in the Senate, where Senators failed to invoke cloture (and end a filibuster) by a vote of 57-40. (60 votes are needed to invoke cloture.) The legislation was not adopted in 2003. (May/June, Sept/Oct Report)

The Climate Stewardship Act
On October 30, the Senate voted on the issue of climate change for the first time since 1997, voting 43 to 55 to reject the Climate Stewardship Act (S 139). Sponsored by Sens. McCain (R-AZ) and Lieberman (D-CT), S 139 would have imposed caps on emissions of carbon dioxide and other heat-trapping gases by utilities, major industries and refineries. The U.S., though having less than five percent of the world’s population, accounts for 25 percent of carbon dioxide emissions. (2nd Quarterly)

EPA
Citing family reasons, EPA Administrator Whitman resigned this summer. Former Utah governor Michael O. Leavitt was sworn in on November 6, 2003. (3rd Quarterly)

Power Plant Pollution
No action was taken on three bills related to cleaning up power plants. S 1844, Mr. Bush’s Clear Skies initiative, would cap three pollutants — nitrogen oxides, sulfur dioxide, and mercury, but not carbon dioxide. S 366, the Clean Power Act, from Jeffords (I-VT), and S 843, the Clean Air Planning Act, from Carper (D-DE), both would regulate all four pollutants in a shorter period than would Clear Skies.

The White House has used administrative channels to pursue its goals. It recently issued a final ruling to roll back the New Source Review, relaxing rules to allow thousands of industrial plants to make upgrades without installing pollution controls. It also proposed to set new targets for utilities, pushing Clear Skies through administrative means. The White House also intends to put mercury under a less stringent category of the Clean Air Act. (4th Quarterly)

New Nuclear Weapons
Conferees finished both the FY 2004 energy and water appropriations bill (HR 2754) and the defense authorization bill (HR 1588) in November. In a big victory for disarmament, conferees for HR 2754 cut half the funds for the nuclear bunker buster (down to $7.5 million). Unfortunately, the conferees fully funded $6 million requested by the President for advanced nuclear weapons concepts (with $4 million unavailable until the Energy Dept. submits to Congress details on future nuclear reductions).

Conferees for HR 1588 unfortunately chose to repeal the Spratt-Furse ban on low-yield nuclear weapons (the House version modified the ban instead of repealing it). While the final bill authorizes research into low-yield nuclear weapons, it prohibits the Energy Department from development work that may lead to their production. Thus, the ban on research and development was lost, but a new hurdle was enacted. A similar ban on development was imposed on the RNEP, or nuclear “bunker buster.” (3rd Quarterly)

Iraq Supplemental
On November 3, in an unrecorded voice vote of the five members present, the Senate passed the $87 billion supplemental for Iraq, the largest in U.S. history. In final language some watchdog provisions — such as the creation of a post of inspector general of the Coalition Provisional Authority, who would oversee reconstruction activities—were included. But the final bill does not address the problems with the military occupation. Congress must be vigilant in overseeing the reconstruction. Members have complained that the CPA has not been giving adequate information.

Rep. Tauscher’s H. Con. Res. 122 — urging the U.N. to put in place broad U.N. Security Council authority to help the people of Iraq (16 co-sponsors) was referred to the House International Relations Committee. (2nd Quarterly)

International Criminal Court
31 countries continue to be punished by the U.S. for joining the ICC, and their refusal to sign a Bilateral Immunity Agreement. Military aid to these countries (including some fighting alongside U.S. forces in Iraq), has been suspended since July 1. Military aid is being with- held from countries that will not grant immunity to any U.S. citizen from the jurisdiction of the ICC. (2nd Quarterly)

Korea
The U.S. began six-party talks on North Korea’s atomic weapons program earlier in 2003. Talks were broken off; China and the U.S. decided not to resume the talks until early 2004. China has been urging the U.S. to be more flexible. North Korea wants to trade its nuclear weapons program for security assurances and economic aid. Washington wants North Korea to give up its nuclear weapons first. (1st Quarterly)

Medicaid
In his FY 2004 budget proposal, the President recommended significantly altering the way Medicaid is funded and administered. His proposal called for providing states the option of added funding for Medicaid in the short-term, but such funding would come with a catch; states would have to repay those funds in later years and consent to restructure their Medicaid and SCHIP programs. Not adopted.

Within the huge tax cut adopted last summer, Congress did temporarily raise the federal matching rate for Medicaid — the Federal Medical Assistance Percentage (FMAP). That helped in lowering states’ share of Medicaid expenses by about $10 billion until June 30, 2004 and provided grants worth $10 billion over two years that states can use for budget relief. (1st Quarterly)

Restoration of Benefits for Legal Immigrants
Sen. Graham (D-FL) succeeded in adding an amendment to restore benefits to legal immigrants in the Senate Medicare prescription drug benefit legislation (S 1). The amendment would provide states the option of restoring Medicaid and SCHIP for legal immigrant children and pregnant women that were removed in 1996. However, the amendment was not included in the final Medicare conference report, and thus did not become law. (2nd Quarterly, 2003)

Medicare Prescription Drug Legislation
On November 25, the Senate voted 54-44 in support of the conference report to add a prescription drug benefit and other changes to Medicare (HR 1 — Conference report: H Rept 108-391). The House had voted, on November 22, to support the report (220-215). President Bush signed the legislation into law on December 8.

The expanded entitlement, estimated at $400 billion over 10 years, is coupled, as Mary Agnes Carey of Congressional Quarterly noted, with “a fundamental shift in the composition of the program in its provision requiring that private health insurance companies compete for the health care of America’s senior citizens” and people with disabilities. Dual eligibles, those eligible for both Medicare and Medicaid, would receive their drug benefit through Medicare. (July/August Report, 3rd and 4th Quarterlies)

Mental Health Parity
Legislation to support mental health parity has strong support in Congress. S 486, sponsored by Sen. Domenici (R-NM) has 67 co-sponsors, while the House version, HR 953, has 242 co-sponsors. However, the legislation was not passed. Sen. Domenici said that he received assurances from Sens. Gregg (R-NH), Chair of the Health, Education, Labor and Pensions Committee, and Majority Leader Bill Frist (R-TN) that the Senate would move on this legislation as soon as Congress returns in 2004, according to CongressDaily. (1st Alert 2003)

HIV/AIDS
See Africa section.
(E-Serve Action Alert 2003)

Tax Cuts
In May, Congress approved a $350 billion tax cut over 10 years. (The President had originally sought a $726 billion cut.) The $350 billion figure is likely to rise in the next 10 years, as every provision except one officially expires between 2004—2008, and Congress is likely to extend them. The Center on Budget and Policy Priorities estimates that if all provisions are extended for 10 years, the cost would reach $1 trillion. A child tax credit for low-income working families who were excluded in this legislation was not passed. (1st Quarterly, Jan/Feb Report)

TANF
Temporary Assistance for Needy Families, scheduled to be reauthorized in September 2002, still has not been reauthorized. It is now functioning through a series of continuing resolutions. The House and the Senate Finance Committee passed legislation to reauthorize the bill. It must go to the Senate floor for further action. (2nd, 3rd, 4th Quarterlies, July/August Report)

Child Nutrition Reauthorization
HR 3232, extending the authorization for certain expiring provisions of child nutrition programs through March 31, 2004, was signed into law on November 26th. The bipartisan bill was authored by Committee on Education and the Workforce Chairman Mike Castle (R-DE) and was passed by the House on October 25th. (2nd Quarterly, March/April Report)

Low-Income Housing
In the omnibus appropriations bill (which has yet to pass the Senate), nearly $1 billion above the President’s request was allocated to the Housing Choice Voucher (Section 8), making it likely that, if the omnibus passes, all housing vouchers in use will be funded in FY04. Advocates fought for this restoration in funding. Legislation for a National Housing Trust Fund, to build, preserve, and rehabilitate 1.5 million units of low-income housing over 10 years, has gained support. HR 1102 now has 209 co-sponsors. (3rd Quarterly)

Head Start
In July, the House approved HR 2210, to make the first major changes in Head Start since its inception. By a one-vote margin, the House authorized an eight-state pilot program to allow the redirection of Head Start funds into state early-education programs. The Senate Health, Education, Labor, and Pensions Committee unanimously passed Head Start reauthorization. S 1940 is scheduled for the Senate floor in 2004. (3rd Quarterly)

Poverty Upsurge
New Census data surveys show that hunger and food insecurity increased in the U.S. in 2002 for the third consecutive year: 34.9 million people now live in households experiencing food insecurity, an increase of 3.9 million since 1999. In 2002, the official poverty rate also rose — from 11.7 percent in 2001 to 12.1 percent, according to the Census Bureau. Almost 35 million people are living below the poverty level. (4th Quarterly)

Minimum Wage
The federal minimum wage for covered, nonexempt employees remains $5.15 per hour. The last time it was increased (from $4.75 to $5.15) was in 1997. Legislation has been proposed, from Sen. Daschle (D-SD) and Rep. Miller (D-CA), to increase it to $6.65 an hour. It has not been brought to a vote in the U.S. Congress. (4th Quarterly)

Cuba
The Senate voted 59-36 to amend Treasury-Postal Appropriations, and cut funding for the Cuba travel ban. The House passed the same amendment. In a show of Senate bipartisan support for ending the ban, the Foreign Relations Committee approved S 950, to lift the Cuba travel ban.

Conference committees work out differences between House and Senate versions of a bill. Margins of support on travel to Cuba reflected a clear intent by Congress. Since both chambers passed the same amendment, no reconcilation was needed. But in November, behind closed doors and without offering a vote, GOP leaders stripped it from appropriations. White House pressure, for Florida’s electoral votes, was cited. (3rd Quarterly)

FTAA
In November, officials from the U.S., Canada, Latin America and the Caribbean agreed on parameters for a free-trade zone. But differences among the nations (Brazil and the U.S.) were extreme, and the language ultimately agreed upon was vague and non-binding.

The original plan for the FTAA has gone through major alterations because of the clashing positions of the U.S. and Brazil. When began, the FTAA was seen as an extension of NAFTA. But the declaration that came out of the November consultation in Miami was watered down. Countries will be able to ‘cherry-pick’ provisions and will not be forced to place the rights of corporations above the state and its citizens. It is a positive outcome.

After the consultation, the U.S. announced plans for bilateral NAFTA-style agreements with some Latin American countries. A U.S.-Chile pact was finalized earlier in the year. Business representatives and the U.S. hope to move Brazil toward their position — by sending jobs and factories to other countries. (4th Global Security Quarterly)

Colombia
In September President Alvaro Uribe attacked unnamed human rights groups as “politickers at the service of terrorism.”

The Senate Foreign Relations Committee held an October 30th hearing on Plan Colombia. Members heard concerns about our policies, especially from Sen. Feingold (D-WI); and Sen. Biden (D-DE) questioned the Colombian government’s plan for talks with the paramilitaries. This was progress: it helped educate Senators and sent a message that support for the policy shouldn’t be taken for granted.

Congress also appropriated $731 million for the “Andean Counter-Drug Initiative” account, which includes anti-drug, military, and economic aid for Colombia and six of its neighbors. (4th Quarterly)

Middle East Peace
As the Road Map floundered without key leader- ship from the Bush Administration, attention shifted to unofficial initiatives. The Geneva Accord, a com- prehensive model for resolving the Israeli-Palestinian conflict, was signed December 1. The People’s Voice Initiative, principles developed by Ami Ayalon and Sari Nusseibeh, has generated support.

Foreign policy moderates have begun to support new approaches. A resolution was brought to applaud Israelis and Palestinians working privately toward peace and urged President Bush and Israeli and Palestinian leaders to embrace their efforts. S. Res. 276 was introduced by Feinstein, co-sponsored by Chafee (R-RI), Lautenberg (D-NJ), Leahy (D-VT) and Nelson (D-NE). The same resolution was brought to the House by Reps. Capps (D-CA) and Houghton (R-NY).

These initiatives have raised discord in Congress between Republicans whose support for Israel has deep religious roots and believe that pursuit of the Road Map jeopardizes Israel’s security, and those who believe that U.S. action is necessary for peace and the security of the U.S. Some fear that the influence of the Christian right is jeopardizing efforts for peace. (1st and 2nd Quarterlies)

Syrian Accountability Act
HR 1828, to require the President to impose sanctions on Syria unless he concludes it would not be in the U.S. interest, was passed after the White House dropped its opposition. (They concluded that Syria was not cooperating with the U.S.-led war on terror.) Voting against were Sens. Byrd (D-WV), Chafee (R-RI), Enzi (R-WY) and Jeffords (I-VT). It passed the House, 408-8. Most sanctions could be imposed without the bill. It is a symbolic slap in the face to Syria and the Arab world.

The Wall and Loan Guarantees
The U.S. decided to delete $289.5 million from the $3 billion in loan guarantees for Israel, as punishment for illegal construction in the West Bank. It fulfills a requirement by Congress that the aid be reduced in the same amount Israel spends on activities in the West Bank. It will have little impact on Israel’s construction of the wall. (4th Quarterly)

Immunity for Gun Industry
HR 1036 passed the House in April (285-140), with 250 co-sponsors. Referred to the Senate Judiciary Committee. S 659 is also in the Judiciary Committee, with 54 co-sponsors. (Alert 7/22/03)

Title IX
S.Res. 40 was referred to the Health, Education, Labor and Pensions Committee. The Presidential Panel, created to see if women’s sports and education should get special funding and consideration, concluded most of its work with close votes on key elements of this program. The fact that Title IX was not dismantled is a victory for justice advocates. (1st Quarterly)

Women and Children in Conflict Protection Act
S 1001 was referred to the Foreign Relations Committee. It had just 16 co-sponsors as of early December. It could use the support of advocates when Congress reconvenes. Refugee women and children still need protection. (2nd Quarterly)

Assault Weapons Ban
Scheduled to sunset on Sept. 13, 2004 if not reauthorized, S 1431 and S 1034 are two bills to reauthorize a ban on these weapons. Referred to the Judiciary Committee, where they have been sitting since the summer. Urge your Senators to become co-sponsors. (3rd Quarterly)

School Vouchers
Part of a major federal appropriations bill during December 2003. Legislation agreed to by House and Senate would allow a five-year pilot program to provide as much as $7,500 to 1,700 child- ren to attend private and parochial schools in the District. This may have implications for funding in other areas. General Assembly policy opposes using federal dollars to fund private/sectarian education at the secondary and elementary school level. (4th Quarterly)

Education Aid
Funding levels for education are still contentious. Even though $35.8 billion went to fund education initiatives in 2003, it is still $6 billion less than prom- ised by the administration, and many schools are falling short of the standards set by the No Child Left Behind Act, leaving them at risk of losing even more. (Jan/Feb Report)

Now that Congress has recessed, is it too late to contact them on my issue?

It is never too late to contact your elected officials on issues that are still on their agendas. Many bills remain in committees or have been addressed in only one chamber. Some need just a little push from constituent advocates. Read this Wrap-Up edition of Report. You will find that key issues are still in question.

Congress spent much of the fall debating budget authorization issues and deferred many other items. These are the bills that will begin to come up very quickly during the second half of this 108th Session.

More items are being discussed in closed sessions and come to the floor very quickly — with the vote count already assured one way or the other. Often, the Washington Office staff does not have time to write a paper alert and mail it to you in enough time for your action. We hope that you are taking advantage of our Web and electronic materials, where we can get information to you quickly while allowing for your immediate response. Join our Presbyterian Legislative Action Center.

The White House and Congress will do their best to quickly clear their agendas in order to hit the campaign trail for re-election. You may want to hold onto this Report: you can refer to its list of issues as you judge which candidates to vote for in the November 2004 elections for President, one-third of the Senate, and the entire House.

The Washington Office will be updating the Christian and Citizen election year packet in the new year. It will give you recommendations on not just the issues, but on how to run a candidates’ forum, incorporate public policy in worship and urges you to volunteer to work at the polls or run for office yourself! [Read more]

The Washington Office staff thank you for your attention to these crucial issues. We look forward to the coming year.