- This Week in Congress

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STATUS OF ISSUES THAT MATTER TO BUSINESS

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With all the press coverage of the presidential race and the economy’s softness it’s easy to overlook the fact that Congress is back in session. But don’t: a number of issues that are important to business are on the table this year. Here’s the latest. 

« ISSUE:  Economic Stimulus

ü STATUS:  House and Senate pass it, and send it to the President

Late last month, House leaders from both parties quickly negotiated an economic stimulus package with the White House and passed it through their chamber on an overwhelming 385-35 vote. The centerpiece of the $146 billion package is rebates of as much as $600 for individuals earning up to $75,000 ($1,200 for couples earning up to $150,000) which phase out for higher income earners. It also includes some business tax incentives and, for the battered housing sector, higher loan limits for Fannie Mae, Freddie Mac, and the FHA. Both parties gave up cherished goals to expedite action on the package, which the U.S. Chamber supports.

After a great deal of negotiations, the Senate passed a package worth $167 billion last Thursday; it is similar to the House version with the exception of adding veterans and social security recipients.  The President has agreed to sign it, which could be as early as Wednesday this week.   

« ISSUE:  Americans with Disabilities Act (ADA)

ü STATUS:  overhaul bill would greatly expand ADA’s scope, lawsuits

Last week the House Education and Labor Committee met on H.R. 3195, the “ADA Restoration Act,” which would dramatically expand the reach of this landmark law. The ADA currently considers a person “disabled” if he or she has a physical or mental impairment that “substantially limits a major life activity.” H.R. 3195 would extend this to include minor or temporary impairments like near-sightedness, headaches, small scars, or even “tennis elbow.” It would put an employee with a minor cut requiring stitches into the same category as a returning veteran who lost an arm or leg. The virtually certain increase in requests for “accommodation” would overwhelm employers, making it harder for them to assist the severely disabled. It would also expose employers to a wave of new lawsuits for not adjusting the workplace to accommodate every minor ache and pain. The Education and Labor Committee could mark up the bill as soon as next week, and then it’s on to the House floor. 

« ISSUE:  Card Check Bill

ü STATUS:  it will be back

Remember last spring, when the House passed H.R. 800, the “Employee Free Choice Act,” the horribly misnamed bill that would do away with the right to secret ballot elections when deciding whether to be represented by unions? It was stopped when Senate supporters led by Edward Kennedy (D-MA) couldn’t overcome a filibuster of their version of the bill, S. 1041. Under their bill, unions would be certified as the bargaining agents for workers once they persuaded a majority of eligible employees to sign authorization cards. Because this process is conducted in the open, it would expose employees to all types of coercion and intimidation.

Card check supporters said they’d be back when conditions were more favorable for them. That could be as soon as this year, where they could make it a campaign issue to turn out union voters in this fall’s elections. Or, should the elections go well for them, card check will surely be on next year’s congressional agenda. The only thing uncertain about this issue is when we’ll face it again. 

« ISSUE:  Health Care Reform

ü STATUS:  after two vetoes, another try on SCHIP

Supporters of the State Children’s Health Insurance Program (SCHIP) won an 18-month extension of the program through March 2009 late last year, but weren’t happy. They had hoped to add $35 billion to the program over the next five years, more than doubling its funding. They would pay for it by increasing the federal excise tax on cigarettes from $0.39 a pack to $1.00 a pack. Supporters had been engaged in long-running discussions with a group of House Republicans centered on ensuring that the focus of the program remains low income children and not those of greater means or even adults. Those discussions didn’t produce results, so when House supporters attempted to override President Bush’s second veto last month they came up 15 votes short of the two-thirds they needed. Significant change in health care policy will probably be on hold until a new president and new Congress address the issue next year. 

« ISSUE:  Energy

ü STATUS:  after last year’s success, advocates want more

Last year, proponents of energy efficiency and sustainability achieved a long-sought goal: raising corporate average fuel economy (CAFE) standards for the first time in three decades, to 35 miles per gallon by 2020 for cars. To do it, supporters had to shed several other provisions they wanted from the energy bill that President Bush signed. Now they want to take another run at getting those too. They want to require utilities to produce part of their electricity from renewable sources (last year it was a mandate of 15 percent by 2020). Then there are tax incentives for the solar, wind, geothermal, and hydropower industries that were created in the 2005 energy bill which expire at the end of this year. Not surprisingly, officials in those industries and their supporters think that these incentives should be extended, the sooner the better. Last year, proponents tried to fund extensions by eliminating $16 billion in tax incentives that the oil and gas industries use to provide energy. This year, they’re looking for any vehicle they can find. They started with the economic stimulus package but won’t stop there. 

« ISSUE:  Climate Change

ü STATUS:  leaders working for bill this year

Coming off last year’s historic boost in CAFE standards, House Energy and Commerce Committee Chairman Dingell (D-MI) feels it’s time to move beyond the auto industry. He said, “We’re going to try to see that everybody makes their proper contribution.” He hopes to put a bill on the president’s desk this year that would impose a “cap-and-trade” system to reduce emissions of greenhouse gases. Under such a program, businesses would need emissions allowances before they could release pollutants into the atmosphere. Some allowances might be given away by government; others would be sold, either at auction or through a regulated market. Two Senate bills have cap-and-trade systems: S. 2191 by Joseph Lieberman (I-CT) and John Warner (R-VA) and S. 1766 by Jeff Bingaman (D-NM) and Arlen Specter (R-PA). S. 2191 was approved by the Environment and Public Works Committee in December and isn’t far from the 60-vote threshold needed for passage. 

« ISSUE:  Highways and Transit

ü STATUS:  panel highlights funding problems

The National Surface Transportation Policy and Revenue Study Commission released its recommendations last month, and they were dramatic. Nine of the 12 members of the commission, which was established in the last highway bill, feel that we should spend $225 billion annually on surface transportation over the next 50 years instead of the $85 billion we’re currently spending. They recommend increasing the federal gas tax by 25-40 cents a gallon over the next five years to pay for it, along with other new fees. Even at current spending levels the highway trust fund could come up $5 billion short next year. All of this helps set the backdrop for the next multi-year rewrite of the highway and transit bill which comes up in 2009. 

SHORT TAKES 

Taxes. The issues that bedeviled tax writers for much of last year are back again, because they were only patched for a year. The biggest is keeping more taxpayers from falling prey to the alternative minimum tax (AMT). Last year’s patch cost $50 billion, but since the AMT isn’t indexed for inflation it will cost even more this year. Then there is the list of business tax incentives known as the “extenders” because they tend to be pushed forward a year or two at a time. The largest is the R&D tax credit. The big issue will again be whether and how to pay for these tax benefits. 

Spending. President Bush’s budget proposal that came out on Monday was greeted with the usual “dead on arrival” talk. But remember that last year, by standing his ground, he got the total amount of discretionary spending that he wanted, if not the mix he asked for. He may prevail again this year. However his plan to cut earmarks by half and ignore those that don’t show up in bill text is encountering opposition from lawmakers in both parties. Another high stakes budget drama seems likely. 

Trade. Advocates of opening more international markets to U.S. goods and services like the U.S. Chamber want to pass the completed free trade agreements with Colombia, Korea, and Panama. Getting there may require doing something else first: renewing and strengthening the Trade Adjustment Assistance program for dislocated workers. Although the linkage is by no means direct, there could be something like a deal here. 

Intellectual property. Late last year, House Judiciary Committee Chairman Conyers (D-MI) introduced H.R. 4279, the “Prioritizing Resources and Organization for Intellectual Property Act of 2007,” with a bipartisan list of co-sponsors. It would strengthen civil and criminal IP laws, increase resources devoted to fighting IP crimes, and improve coordination of federal efforts in this vital area. The bill is expected to be marked up in subcommittee early next month. Intellectual Property is an area where America enjoys a huge competitive advantage in the world economy, but an advantage that is eroded in the worst ways by IP crimes. Estimated losses to U.S. companies and workers are staggering: $250 billion annually and 750,000 jobs. H.R. 4279 is an important step in fighting back. 

Border crossing rules. On January 31, the Department of Homeland Security began requiring proof of citizenship for crossing into the U.S. from Canada or Mexico at land ports of entry. For U.S. citizens, that means passports or drivers licenses backed up by citizenship documents like birth certificates. There will be an unspecified grace period, when citizens without those documents may be allowed to enter the country after more extensive questioning than they’ve faced in the past. Congressional displeasure with DHS for proceeding with this after last year’s problems with passports for international air travelers doesn’t seem to have dissuaded the agency.