As Congress left town last week they left behind a huge stack of unfinished business on issues that had been top priorities for both parties. Despite GOP control of both houses of Congress and the White House there were stalemates on energy, highways, welfare, and prescription drug costs. Serious divisions between the conservative House and the more centrist Senate contributed to the impasses.
Republicans were thwarted on legislation to curb big awards from liability lawsuits and on a constitutional amendment to ban gay marriages. Democrats were thwarted in efforts to raise the minimum wage, overturn new overtime pay rules and allow the importation of cheaper prescription drugs from overseas.
A post election lame-duck session is scheduled to begin on November 16 and will be devoted mainly to the nine spending bills for the new fiscal year that Congress has not yet passed; it has approved only four.
The congressional session did have some achievements, including the approval of bills to cut corporate and middle class taxes and pay billions of dollars for hurricane, drought and flood relief. It also approved a bill making it a separate crime to kill an unborn child and legislation to expand DNA testing in crime cases and to provide new rights for crime victims.
A final compromise on intelligence prompted by the recommendations of the independent commission that investigated the Sept. 11, 2001, terrorist attacks, would add to the record, although it is not clear whether agreement can be reached before the elections or by the time of the post-election session.
It was a second year in a row that legislation to spur energy production, foundered in the Senate, although some of its provisions, including support for a natural gas pipeline from Alaska were included in other bills. The multibillion dollar highway and transit bill got caught up in disputes between lawmakers and the White House over cost and among states over how the money would be distributed.
Legislation to reauthorize and update the 1996 welfare bill, including new work rules and funding for child care, was sidelined by Senate Republicans after Democrats threatened to add some of their own legislative priorities including a minimum wage increase.
House bills targeted at curbing class action lawsuits and limiting damages from medical malpractice lawsuits died in the Senate, and lengthy negotiations on the creation of a fund to compensate asbestos victims failed to produce an agreement.
The Senate rejected a bill to protect firearms manufacturers and dealers from lawsuits after gun control advocates attached provisions to extend the ban on assault weapons and require background checks at gun shows. A White House proposal to provide new tax breaks for contributions to religious and other charities failed in the Senate, and Democrats lost efforts to extend unemployment benefits. A bipartisan Senate bill to expand the federal hate crimes statute was rejected by House Republicans in a conference committee. Immigration initiatives, including proposals by the President, went nowhere.
Congress failed to agree on a budget for the year, contributing to the delay in passing appropriations bills. Only bills dealing with defense, military construction, homeland security and the District of Columbia have been passed. With the government running out of borrowing authority, Congress will also have to raise the federal debt ceiling, which lawmakers were reluctant to tackle before the elections.