On December 8, the House passed the omnibus spending package (H.R. 2673) and then adjourned for the year. Even with the objections of many House conservatives, who are concerned about spending levels contained in the bill and House Democrats who opposed some provisions in the measure, the House still adopted the conference report, 242-176.

The Senate took up the spending measure on December 9, but Senate Majority Leader Bill Frist (R-Tennessee) did not call senators back to Washington for a roll call vote, meaning that the measure had to pass by voice vote. When legislation is considered by voice vote, it only takes the objection of one senator to block passage of the entire measure. As expected, Senate Minority Leader Tom Daschle (D-South Dakota) objected to the passage of the omnibus bill without a recorded vote.

Over the past few weeks, Senator Frist was prodding lawmakers to adopt the spending measure by voice vote, which would allow the Senate to avert a long drawn out debate. Senator Frist had no intention of calling senators back to Washington for a lengthy debate on the omnibus bill and then a roll call vote. The White House and Senate Appropriations Chairman Ted Stevens (R-Alaska) wanted the Senate to pass the remaining spending bills before the holidays, even if some debate was necessary.

After Daschle objected to passing the measure by voice vote, Majority Leader Frist filed a motion to invoke cloture, which would limit debate on the omnibus package when the Senate returns in January. The cloture vote is set for 3pm on January 20, when the Senate is due to return from recess. To curtail debate on the spending measure and force a vote, Senator Frist will need 60 votes. Senator Daschle has already indicated that he will vote against the cloture motion. After Frist failed to pass the omnibus package by voice vote, Daschle sought to pass the foreign operations portion of the measure separately in part because of the $4.2 billion in AIDS funding for Africa contained in that appropriations bill. Frist did not oblige, saying funding for foreign operations programs are available in the short term. Government programs covered in the seven appropriations bill are funded by a Continuing Resolution that expires on January 31.

When the Senate returns on January 20, it remains unclear whether Senator Frist will have enough votes to force a vote on the omnibus package. Many Senate Democrats and some Senate Republicans are still frustrated over the last minute capitulation of Senate GOP leaders to the White House on contentious issues in the omnibus bill. The White House was successful in stymieing congressional efforts to lift the travel ban to Cuba, overturn new media consolidation regulations decreed by the FCC and new overtime rules promulgated by the Department of Labor. However, even while many senators are still indignant over the last minute deal brokering, the omnibus bill still contains money for local district projects, which are important to members of both parties. Senator Tom Harkin (D-Iowa), a top Democratic appropriator, was unable to overturn the new labor overtime rules, but managed to win $3.1 million in mandatory spending for a land conservation program, which is very important to the Iowa Democrat. Senator Harkin has not yet decided whether to vote for cloture.

The spending package contains $328 billion in discretionary spending and includes the following seven appropriations bills that the President has yet to sign: Agriculture (H.R. 2673) Commerce/Justice/State/Judiciary (H.R. 2799); Foreign Operations (H.R. 2800); Labor/HHS/Education (H.R.2660); Transportation/Treasury (H.R.2989); VA/HUD (H.R. 2861); and District of Columbia (H.R. 2765). Appropriators added $4.6 billion in discretionary spending to the omnibus bill, along with $3.1 billion in mandatory agriculture spending. The spending increases were offset by a .59% cut in all of the non-defense FY 2004 appropriations bills, including those already enacted into law. Also, the distribution of $1.8 billion in unobligated funds at the end of the fiscal year was cancelled.

Even after the omnibus bill passed the House, many House GOP conservatives remained miffed about the levels of spending contained in the omnibus bill and the number of local member projects. Congressman Jeff Flake (R-Arizona) did not even want Republican leaders to push the omnibus bill so soon after the Medicare reform bill passed. Rep. Mike Pence (R-Indiana) vowed that conservatives will assiduously press for a harder line on spending next year. House Budget Committee Chairman Jim Nussle (R-Iowa) commented that conservatives will have the chance to hold the line on spending when the FY 2005 appropriations process gets underway. Chairman Nussle did propose an across-the-board cut on mandatory and discretionary spending last year, but his idea was never implemented. According to House Appropriations Committee Staff Director James W. Dyer, it will be difficult to hold the line on spending in 2004 because of the election and resources that must be committed to education, health care, veterans defense and homeland security.