OPEN SEASON FOR LEGISLATION

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The 1st Session of the 116th Congress is off to a brisk start. Given the fact that 2020 will involve an election to determine who will occupy the White House beginning in 2021, Congressional activity can be assessed within that context. Several Capitol Hill Democrats already have announced officially that they are in the race to decide which of them will be that party’s representative in the November election next year. A portion of the appeal of these candidates to voters will rest on legislative proposals that they endorse. Another venue where Congressional officials can operate effectively is as participants in hearings that highlight either defects in current Administration policies or alternative courses of action to adopt, which they espouse.

During his State of the Union Address to Congress on February 5, President Donald Trump served up a menu of examples of bipartisan cooperation that produced meaningful results, while also identifying areas where a reduction in partisan wrangling could lead to even more dramatic improvements in addressing topics of great importance to the nation’s welfare. Clearly, politics will provide a backdrop for what unfolds or fails to materialize between now and next year’s election. Not too surprisingly, the party in power always wants to be in the position of boasting of its enormous achievements, thereby furnishing a rationale why its leadership should be retained. The party out of power cannot be expected to cooperate in the passage of legislation that will burnish their opponents’ claims. Instead, it will redound more to their advantage to focus on the inadequacies of the other party and illustrate to voters in compelling terms why they would be better equipped to achieve more positive results once elected.

The President reminded his listeners on that occasion that both parties in the previous two years had come together: to pass unprecedented legislation to confront the opioid crisis, produce a sweeping new Farm Bill, and achieve historic Veterans Administration reforms. He said that as recently as only weeks ago, Democrats and Republicans united for groundbreaking criminal justice reform. Working closely with both groups, the Administration was able to sign the First Step Act into law, legislation that reformed previous sentencing laws that wrongly and disproportionately have harmed the African-American community. The Act gives non-violent offenders the chance to re-enter society as productive, law-abiding citizens.

Assuming that same cooperative spirit can prevail in the current session of Congress, then it may be possible to pass an infrastructure bill, including investments in cutting edge industries of the future. Along with proposing a nationwide paid family leave so that every new parent has the chance to bond with newborn children, the President identified the following objectives pertaining to health: (1) increase investments in HIV prevention programs, such as the Ryan White HIV/AIDS Program, and direct funding to launch new programs through community health centers to provide preventive medication to high-risk individuals, (2) allocate more than $500 million over the next 10 years to fund research for childhood cancer, (3) lower the cost of healthcare and prescription drugs and protect patients with pre- existing conditions, and (4) expand efforts to reduce “surprise billing” where patients are billed for care that is much more expensive than anticipated or is not covered by their insurance.

It is unclear whether any of these initiatives will see the light of day prior to November 2020. What is certain is that the 116th Congress will be worth monitoring to see what eventually unfolds.

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