Lost in the excitement of energy and Medicare legislation, a voluminous spending bill awaits Congress on its return from Thanksgiving recess.

The bill funds seven of 13 federal agencies – including the FBI – for the fiscal year that began in October and comes with a price tag of around $373 billion in discretionary spending. Government agencies covered by the bill are operating at last year’s budget levels.

This legislation funds a lot of important programs and government functions. Much of it is worthwhile. But it is also an example of bad public policy.

It is too big and bundles together too many important, but unrelated, things. Congress typically has trouble passing appropriations legislation in time, and often must resort to continuing resolutions to keep the government open for business. Omnibus spending bills, which tie up thousands of loose ends in one shot, are the result.

President Bush, who has yet to use his veto authority, is holding Congress hostage on this bill. He has threatened to kill the entire package if several of his policy initiatives – which Congress opposed – are not included. The administration is playing hardball and members of Congress have no one to blame but themselves. By dallying on their responsibility to fund government’s operations, they have left themselves at the mercy of the president. They know it and the president knows it.

Early in the year, both the House and Senate rejected attempts by the Federal Communications Commission to loosen media ownership rules. They are being forced, now, to compromise and allow media companies to own stations that reach up to 39 percent of the country. Congress had endorsed leaving the level at 35 percent; the president wanted it raised to 45 percent.

Additionally, controversial changes in the regulation of overtime where defeated in the House and Senate. The president wants them back.

Other hot-button issues for the president in the bill include funding for his African AIDS initiative, rules concerning gun background checks, regulation of food labels and a school voucher program in the District of Columbia.

Regardless, the bill is difficult to oppose. It includes $56 billion for the Department of Education, an increase of 5 percent over last year, $33.8 billion for highway construction, $28.6 billion for veterans’ benefits and is wrapped up with $492 billion worth of non-discretionary spending – appropriations that are required by law.

Some budget hawks in Congress are also getting into the act by demanding an across-the-board cut before they will back the legislation. Even though they’ve approved record amounts in tax cuts, military funding, a $400 billion Medicare bill and off-the-books spending for Iraq and Afghanistan, they have suddenly found religion on the need to curtail government spending.

Passage is not assured, although political reality suggests enough deals will be made to send the legislation to the president. Who wants to be blamed for holding up money for veterans’ benefits, education and the fight to stop AIDS?

The interests of the country are best served when a balance of power exists between the president and Congress. Congressional leaders have ceded too much of their prerogative to the executive. We all have to live with the consequences, which include this big, bad bill.


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