America Can’t Afford a Year of Inaction
According to conventional wisdom, Congress is incapable of accomplishing much during a presidential election year. Add this quadrennial infirmity to an already weakened institution and it is understandable that most expect 2016 will be a lost year.
Recent history, however, demonstrates that Congress can function quite effectively against the backdrop of a combative election process. Contrary to the popular narrative of total incompetence, Congress actually passed several consequential laws in 2015. Given threats abroad and challenges here at home, we must not give Congress permission to slide back into a state of suspended animation while we wait for a new president to take the helm.
In 1996 amid a presidential campaign in full swing, a Republican-led Congress and Democratic White House enacted landmark telecommunications and welfare reform bills. Four years later in 2000, Congress approved permanent normal trade relations with China. Fast forward to 2008, and a Democratic Congress worked with President Bush to enact a farm bill, a new GI bill, amendments to the Foreign Intelligence Surveillance Act, and the TARP law to stabilize our nation’s precarious financial system. During the 2012 election cycle, legislative achievements include FAA reauthorization, adoption of the JOBS Act to jumpstart small businesses, and legislation to significantly reduce the number of presidential appointees requiring congressional approval.
Contrary to the popular narrative of total incompetence, Congress actually passed several consequential laws in 2015.
While no one can argue that Congress is a high-functioning institution, the body begins this year with some recent successes. In 2015, Congress reauthorized the Elementary and Secondary Education Act (“No Child Left Behind”), passed a major bipartisan highway and infrastructure bill, and strengthened and reformed Medicare to ensure that doctors continue to treat Medicare patients. On the international and homeland security front, Congress endorsed Trade Promotion Authority, imposed new limits on NSA data collection, and enacted legislation combating global human trafficking.
In addition to funding the federal government through an “omnibus” appropriations bill, Congress also advanced significant energy policy initiatives, including lifting the 40-year ban on U.S. crude oil exports and extending significant federal incentives for producers of wind and solar energy.
Whatever one’s views on these outcomes, Congress demonstrated some renewed capacity to build bipartisan coalitions and take on tough issues. On the theory that only what is measured can be improved, the Bipartisan Policy Center has developed a Healthy Congress Index outlining some key metrics for evaluating Congress’s ability to legislate and govern effectively. The index compares results against past Congresses and is updated quarterly.
Much of the improvement in 2015 owes to a return to the basic legislative process or “regular order.” House and Senate leadership increased their reliance on congressional committees to develop proposals, debate legislation, and bring bills to the floor. In the Senate, Majority Leader Mitch McConnell deserves credit for opening up floor debate to amendments offered by members of both parties, while increasing the number of days that senators are working in Washington. BPC’s assessment also demonstrates that Congress continues to fall short in several areas. Despite McConnell’s positive moves, both the House and Senate need to spend even more time in legislative session, the House amendment process is far too restrictive, and the formal process for reconciling legislative differences between the House and Senate is rarely employed. However, trends matter and in 2015, Congress deserves credit for stumbling uphill.
During this election year, the two parties will undoubtedly use the legislative process to define their differences. While we can’t expect Congress to tackle the most divisive issues like immigration reform or climate change, there is a backlog of pending legislation that can and should move forward this year.
These bills, which have already been subject to extensive congressional scrutiny and negotiation, include:
Modernization of the Toxic Substances Control Act (TSCA): TSCA, first passed in 1976, is the primary federal law overseeing the safety of chemical products, and has not been updated for 40 years. After heated debate, legislation has passed both the House and the Senate with near unanimous support. The House and Senate bills have some significant differences which must be resolved before the bill can be sent to the president’s desk.
Medical innovation legislation: The U.S. has invested more than $30 billion to incentivize the development and use of electronic health records. Remarkably, the majority of systems are unable to routinely exchange electronic patient information undermining the value and purpose of these investments. In the Senate, Lamar Alexander and Patty Murray, who lead the Health, Education, Labor and Pensions (HELP) Committee, have introduced legislation to address this problem. The Committee is also moving forward with bipartisan legislation to accelerate medical innovation by modernizing the testing and regulatory review of new drugs and medical devices. A related bill, The Healthy Cures Act, passed the House with overwhelming support last year.
The problems facing our nation don’t take time off to campaign in the early primary states.
Reauthorization of the America COMPETES Act: This legislation authorizes critical investments that are necessary to restore U.S. leadership in energy innovation and encourage U.S. economic growth. The House has already passed this legislation, and companion Senate proposals are moving forward in both the Energy Committee and the Commerce Committee.
Criminal justice reform: There is significant bipartisan support for legislative efforts to give federal judges more flexibility sentencing low-level drug offenders. Senators Rand Paul (R-KY) and Cory Booker (D-NJ)’s legislation is awaiting action on the Senate floor.
Last year, Congress proved it was capable of achieving some important legislative results. We cannot use the excuse of a presidential election year to justify inaction in 2016. Instead, it’s time to double down on recent progress and demand that Congress take action on the list of critical measures above. After all, the problems facing our nation don’t take time off to campaign in the early primary states.
Jason Grumet is the founder and president of the Bipartisan Policy Center.
