For years, now, Congress has been collared with a "do-nothing"
label. Gridlock born of bitter partisanship seems to be the nature
of the beast.
But now and then, both Houses demonstrate the ability to rise
above petty political point-scoring and unite for a higher purpose.
Typically the unifying cause is sudden and dramatic--a natural
disaster or an imminent threat to national security. But even in
the absence of urgent, action-forcing events, sharp-eyed Washington
observers can spot men and women from both sides of the aisle
quietly working together in pursuit of effective, common-ground
policies that can make real progress. These sub rosa
sessions may not yield block-buster legislation that brings radical
reform, but they can result in important, incremental improvements
that contribute significantly to building a safer, healthier, more
prosperous America.
Below you will find 10 doable headlines that reflect some of the
incremental improvements that Washington can and should be able to
make this year. No "pie-in-the-sky" wish list, these headlines
summarize things that can be readily accomplished--sometimes
unilaterally, but usually as the result of long-standing,
good-faith bipartisan efforts to address some of our nation's most
pressing problems.
U.S. Inks Missile Defense Accord with
Poles, Czechs
The Iranian missile threat grows apace. In November, Tehran
announced it had added a new long-range (2,000 km) missile, the
Ashoura, to its growing arsenal. And despite a recent National
Intelligence Estimate, many analysts remain convinced that the
terrorist-supporting nation continues to pursue a clandestine
nuclear weapons program. It could have an operational nuclear ICBM
by 2013, if not earlier.
To counter this emerging threat, it is essential to quickly
complete negotiations with the Czech Republic and Poland that will
allow us to build a "third site" missile defense system to protect
our troops and allies in Europe. The system would include 10
interceptors in northern Poland and a radar installation in the
Czech Republic. It will take five years to install these critical
defenses--barely enough time to reach the finish line ahead of the
Iranian threat.
Of course, once the accord is reached with the Europeans,
Congress must do its part, by fully funding the project. That
should be doable. During last year's debate over military spending,
Rep. Duncan Hunter's (R-Calif.) amendment to strengthen the
U.S.-Israel cooperative missile defense program passed by an
overwhelming majority in the House. Such cooperation isn't limited
to Israel.
President Signs "Honest Accounting" Bill;
"Full Disclosure" Provisions Now Apply to Federal Budget
Just as corporations owe their stockholders an honest
accounting, so the federal government owes its citizens an honest
report of the nation's fiscal status. To this end, Congress should
change the federal budget process so that it reports--and takes
into account in every annual budget--the nation's rapidly growing
unfunded obligations.
Unfunded obligations arise when Congress promises to pay future
benefits without adopting a way to pay for those obligations. The
Big Three Entitlement programs--Medicare, Medicaid and Social
Security--have racked up long-term (75-year) unfunded obligations
totaling $53 trillion, the equivalent of a $170,000 mortgage
hanging over every man, woman and child in America. Yet the current
budget process ignores these obligations, encouraging lawmakers to
budget and spend as though these promises will never come do.
Corporations, states and local governments are now required to
disclose their unfunded obligations and to take appropriate steps
to assure that their fiscal house is in order. Congress should do
no less. It should reform the budget process to provide a full
accounting of the federal government's unfunded obligations in the
budget, and to require lawmakers to vote each year on whether they
are taking steps to decrease or increase that total.
Senate Rejects Law of the Sea Treaty
The United Nations Convention on the Law of the Sea (widely know
as the Law of the Sea Treaty) has languished unratified in
Washington for more than a quarter-century--and rightly so.
President Reagan rejected LOST in 1982, citing several major
deficiencies. His over-riding concern was that the host of new
international administrative, legislative and judicial institutions
created by the Convention to control access to and use of ocean
resources would severely undercut our national sovereignty and push
us a long way down the path toward world government.
LOST proponents argue that Reagan's objections focused
heavily--if not exclusively--on the treaty's deep-seabed mining
restrictions and that the problems were corrected in the subsequent
Agreement of 1994. Such claims have swayed President Bush to call
for ratification of LOST.
Unfortunately, the '94 agreement--though an
improvement--inadequately addresses the concerns over ocean mining.
Moreover, it fails to make a dent in the one-worldism implicit in
the document. For example, it would require the U.S. to assume a
number of obligations at odds with its national security interests,
including a commitment not to collect intelligence. As Ambassador
James Malone, Reagan's chief negotiator on LOST, said in 1995,
"Today, not only are the seabed mining provisions inadequately
corrected, and the collectivist ideologies of a now-repudiated
system of global central planning still imbedded in the treaty, new
and potentially serious concerns have arisen."
LOST never came to a vote last year because Senate leaders found
they couldn't muster the two-thirds majority required for
ratification. It deserves to meet the same fate in 2008.
Bush orders agencies to ignore earmarks;
Move quashes $15 billion in pork projects
Congress has become addicted to earmarks--the practice of
"earmarking" grant money to specific recipients, rather than
letting agencies distribute it according to statutory formula or
through competitive bidding. Earmarks have become the coin of
pork-barrel politics and political payoffs. The number of earmarks
metastasized from 958 in 1996 to 11,331 last year.
While eliminating earmarks would not immediately reduce
spending, it would ensure that grants are distributed by merit
rather than politics and dampen the ever-growing appetite for
federal largesse.
President Bush can help reduce this abusive budgetary tactic by
exercising his executive authority. He should issue an Executive
Order instructing agencies to ignore all non-binding earmarks. Most
earmarks never appear in actual appropriations legislation. Rather,
they are inserted in conference reports, the explanatory statements
that accompany legislation going to the White House for
signature.
Because these reports are not technically part of the bill, the
Executive Branch is not legally bound to implement their
provisions. The reports accompanying the recent omnibus
appropriations bill included an estimated 9,170 earmarks totally
$15 billion in expenditures. They should be ignored.
Congress Approves No-Match Bill;
DHS Gets New Tool to ID Illegals
Fences and border patrols alone are insufficient to deal with
illegal immigration. Any comprehensive effort to reduce the flow of
undocumented workers and restore respect for our immigration laws
must include a workplace enforcement component--to help employers
have confidence they are hiring legally and to help crack down on
employers that persist in routinely hiring undocumented
workers.
"No-Match" notices from the Social Security Administration and
the Department of Homeland Security have been helpful in this
regard. In 2005, SSA mailed out 10 million notices to employers
alerting them that an employee had submitted information (name,
Social Security number, etc.) that didn't match SSA records. It is
estimated that up to 90 percent of these "no-match" workers are in
the country illegally.
But even though it's long been unlawful for employers to hire or
retain employees known to be "unauthorized" aliens, immigration
officials have, at least until recently, tacitly encouraged
employers to skirt this requirement by allowing them to accept
virtually any identity document, so long as it "appears to be
genuine."
Last summer, the feds finally tried to close this loophole. They
wanted to send letters to 140,000 employers with large numbers of
"no-match" employees, alerting them to their responsibility to
correct these discrepancies and reminding them that they could face
criminal penalties or fines as high as $10,000 per illegal worker
if they did not do so within 90 days.
Last fall, however, US District Judge Maxine Chesney in San
Francisco issued a temporary restraining order blocking DHS and SSA
from mailing out these notices.
Congress should remove this impediment to immigration law
enforcement by passing legislation that would specifically call for
the resumption of no-match mailings. Moreover, the measure should
also authorize SSA to routinely share no-match data directly with
DHS. This can be done in a way that scrupulously protects
employees' privacy and civil liberties. Lawmakers interested in
showing that they're serious about reducing illegal immigration and
upholding the rule of law should welcome the opportunity to "climb
aboard" such a bill.
Feds Unleash States to Fix Health Care
Washington remains deadlocked over healthcare reform to increase
insurance coverage. But that's not to say Congress can't help
others make progress in this vital area.
Federal inaction has spurred many states, such as Massachusetts,
to develop innovative plans for expanding coverage within their
borders. But right now states are constrained in what they can do
-- they can work within federal rules but can't get permission to
alter federal programs or move money between programs even if that
would cover more people at lower cost. Congress should pass
legislation that will give states "legislative waivers" touse their
existing allotment of federal health funds creatively in
furtherance of any reasonable proposal designed to significantly
expand health coverage at no net cost to the federal treasury.
States would get permission to do this for five years to prove one
way or other whether their approach is successful.
This idea, first raised by experts at The Heritage Foundation
and the Brookings Institution, has already generated strong
bipartisan support. Sens. Russ Feingold (D-Wisc.) and Lindsey
Graham (R-S.C.) introduced the State-Based Health Reform Act last
year. Similar legislation was introduced by Sens. Jeff Bingaman
(D-N.M. and George Voinovich (R-Ohio) and by Reps. Tammy Baldwin
(D-Wisc.) and Tom Price (R-Ga.).
These are all "odd couple" pairings. The paired co-sponsors
disagree sharply on how best to extend health coverage to more and
more Americans. Some favor a government-centered health system;
others want a market based system; still others advocate a
"blended" approach. But all share an overriding desire to fix the
problem.
Absent a national agreement on what should be done, Congress
should free the states to serve as "laboratories of
experimentation," pursuing their own remedies for this critical
problem.
U.S.-Colombia Trade Pact Sails Through
Congress
A key component of the U.S. economy, trade is absolutely vital
to continued growth and prosperity. As the possibility of recession
draws nearer, Congress would do well to signal that it is serious
about promoting the U.S. role as a global trader. Enter the
bilateral Trade Promotion Agreement with Colombia.
With Congressional approval of the pact, Colombia would the
latest Western Hemisphere nation (joining the ranks of Canada,
Chile, Mexico, Peru, the Dominican Republic and the countries of
Central America) to have its own trade and investment partnership
with the U.S.
Beyond the obvious economic benefits to both nations, approval
of the pact would deliver positive diplomatic developments. It
would strengthen President Álvaro Uribe, a staunch ally who
has fought successfully since 2002 to make Colombia a more
democratic, stable, and prosperous state. It also would help
bolster prosperity and security throughout Latin America, helping
counter both the Bolivarian Alternative for the Americas and Hugo
Chávez's illusory promises of progress via "21st Century
Socialism."
Congress has an opportunity to assist one of our closest allies
in the Andean region and to strengthen an important economic link.
Failure to close the trade deal this year 2008 will reflect poorly
on the reliability of the U.S. as a friend and partner in the
Americas.
Commissioners Named to Entitlement Reform Panel
Last week Moody's credit-rating agency warned that the soaring
cost of entitlement programs might well cost the U.S. the triple-A
credit rating it has enjoyed for the last 90 years. Yet Congress,
paralyzed by political fear and partisan grandstanding, seems
incapable of addressing the ruinous explosion of entitlement
spending through the normal legislative process. And few candidates
are willing even to discuss options for restraining spending growth
in programs such as Social Security and Medicare.
And so Washington whistles past the fiscal graveyard. The
Congressional Budget Office projects that, absent reform, federal
spending could drive federal tax rates up to 90% or more--on both
corporations and individuals--by 2045.
Fortunately, some lawmakers are focusing on practical ways to
force serious decisions on the problem. For example, Reps. Frank
Wolf (R-Va.) and Jim Cooper (D-Tenn.) have introduced a bill to
create a bipartisan commission to craft a plan that would end
ever-rising taxes and spending in a way acceptable to the general
public.
Modeled in some ways after the successful base-closings
commissions, the Wolf-Cooper commission would implement a series of
public hearings to talk honestly about the nation's long-term
fiscal difficulties and the options for dealing with it. Armed with
feedback from this national conversation, the commissions would
then craft detailed recommendations for "fast-track" consider by
Congress. The resulting legislation would include reforms to "limit
the growth of entitlement spending," strengthen the social "safety
net," "increase private savings," and make the tax code "more
efficient and more conducive to encouraging economic growth." If
Congress failed to come up with a better solution, it would be
required to vote on the Commission plan, up-or-down, in toto.
Congress Enhances Anti-Terrorism Surveillance Authority
Congress enacted the Protect America Act last August to assure
the continued collection of vital intelligence information
overseas.
The PAA included two key provisions. It restored intelligence
agencies' authority to monitor the phone, internet and other
electronic communications of terrorists and potential terrorists
living and operating in foreign lands, even if there was some
possibility those communications might be routed through an
American switching system. It also protected telecommunications
providers from frivolous (but potentially costly) suits like those
filed by some who imagine their privacy was invaded when those
companies cooperated with government surveillance requests after
the World Trade Center attack on 9/11.
But the PAA was only a temporary "fix." It is set to expire Feb.
1. If that happens, the U.S. would have to cease communications
surveillance on thousands of foreign terrorists, making the task of
detecting and preventing terrorism even harder than it is
today.
The PAA passed with bipartisan support last year. Congress
should act in a similar nonpartisan spirit this year and make the
Act permanent. One improvement is needed: The liability protections
should be strengthened (i.e., made retroactive and permanent) so
that no American business is put through the wringer for
cooperating with reasonable intelligence requests from our
government.
Congress Okays Auto IRAs
Low Income, Minority Workers to Benefit Most
Social Security benefits alone are not enough to assure a
financially secure retirement. Yet America's personal savings rate
-- saving as a percentage of income -- has dropped below zero, and
traditional employer-sponsored defined benefit pensions, which have
served workers so well for decades, are rapidly eroding.
Worse, half the workforce--about 78 million Americans--work for
employers who offer no retirement plan at all.
Researchers at the Brookings Institution and The Heritage
Foundation have proposed a simple, effective way to help these
workers save: an "automatic IRA." Under their proposal, a business
that isn't ready to adopt a 401(k) or other retirement plan would
simply offer its employees the chance to contribute to an IRA every
payday by direct deposit--much as many have their paychecks
deposited directly into their bank accounts. It's easier to save
small amounts on a regular basis. And once payroll deposits begin,
they continue automatically and accumulate tax-free.
Employees would decide whether and how much to contribute. But
the experts recommend that enrollment be the "default" option--so
that employees would have to opt out of participating, rather than
opt in. In 401(k) plans, such a feature has dramatically increased
participation--especially among lower-income and minority
workers.
The idea has attracted broad, bipartisan support, and a bill
advancing this program is already in the hopper. Sens. Jeff
Bingaman (D-N.M.) and Gordon Smith (R-Ore) introduced the Automatic
IRA Act last year.
Michael Franc is
vice president of government relations for The Heritage Foundation
(heritage.org).