Elections and agendas

The Washington political world, like any subculture, has its share of aphorisms and urban myths. One of the most enduring is: “If you want to get something done in Congress, don’t try it in an election year.” As the House and Senate return next week for the second session of the 108th Congress, predictions about a thin gruel legislative calendar appearon target— leaving those with an appetitefor more scramblingto makesure theirpet issuegets served up on the congressional menu.

The grist of lofty legislative intentions crashing against cold political reality backs this truism. Consensus is always king in Congress; in election years, it reigns with an even more forceful grip. Still, lawmakers are likely to address a few high priority issues this year. Yet, for a variety of reasons, the window of opportunity is already beginning to close — and with good reason.

First, lawmakers will not be in Washington that much in 2004 — a common practice in election years. If absence makes the heart grow fonder, Washingtonians really love Congress during election years. Since the first Congress in 1789, lawmakers have been in session far less during even-numbered years. For example, the average number of days in session during non-election years is 219. In contrast, the number of days in session for election years is only 172.

Moreover, ever since the 1998 election, Republican leaders (particularly in the House) have concluded that their members are better off spending more time in their districts listening to voters and explaining their actions instead of slugging it out in a permanent campaign-like environment in Washington. This year’s proposed legislative calendar, for example, calls for the House to be in session only 127 days, one of the shortest proposed congressional schedules in history.

Additionally, lawmakers believe they have already accomplished a great deal. Congress enacted the third tax cut in as many years in 2003, Medicare reform, homeland security and national defense funding. The House also has passed medical malpractice and class-action reforms, and is awaiting Senate action on these measures, as well as a major asbestos litigation overhaul.

Yet like all urban myths, the one about the obstacles of passing legislation in an election year has its exceptions. Besides the always thorny and time-consuming budget and appropriations process, congressional insiders predict a few other “must do” measures will receive debate and floor votes this year.

First, Congress needs to pass legislation replacing an international tax provision that the World Trade Organization (WTO) has deemed an illegal export subsidy — the so-called FSC issue. The WTO has threatened trade sanctions against the United States unless the current law is changed. Also in the tax arena, Congress will continue the annual ritual of extending for one year a variety of politically popular tax credits in the areas of research and development, child care and welfare-to-work.

Moreover, lawmakers will reauthorize federal highway programs in 2004. This legislation, which requires renewal every several years, funds road construction and other politically popular infrastructure programs. It will almost certainly pass before the November elections.

Completing action on the comprehensive energy bill that was stalled in the final stages of a House-Senate conference committee last year is another high priority. Republican leaders failed to finish this measure late last year in the rush to adjourn for the holidays. With the dawn of a new session, Congress will refocus on energy in early 2004.

Beyond next year’s budget and appropriations, or those in which Congress has already devoted a considerable amount of time (e.g., energy policy), everything else can wait or continue through a simple extension. This is unfortunate because certain programs in need of reform, such as welfare and higher education, will likely receive only a continuation of current law. Two other measures — the Unborn Victims of Violence Act and legislation that defines marriage as the union between a man and woman — are also slated for floor votes in the House during the first six months of 2004.

After nearly a decade of majority control of the Congress (with a two-year hiatus in the Senate 2001-2002), Republicans are beginning to put a distinctive mark on the legislative schedule and agenda that is both efficient and focused. No more is the Congress’ success only defined by the hours they work or the number of bills passed — and for conservatives hungering for a new paradigm of success, that’s no urban myth.