Update from Washington, D.C. 12/09/2011
Unable to reach a compromise on how best to reduce the nation’s
debt, the Joint Committee on Deficit Reduction dissolved just
before the Thanksgiving holiday. The committee was required by
the debt limit law to issue its report to Congress by November
23, with the House and Senate slated to vote on the
recommendations one month later. Now that the deadline has been
breached, the law requires across-the-board cuts of $1.2 trillion
over the next decade. These automatic cuts will not begin until
2013, and for the most part, entitlement programs like Medicare,
Medicaid, and Social Security will be shielded from any
sequester.
In the aftermath of the failed negotiations, Congress has turned
its attention to other matters, including an extension of the
payroll tax cut, jobless benefits, and other year-end matters. As
part of a budget-cutting deal last December, Congress negotiated
a two percentage point reduction – from 6.2 percent to 4.2
percent – in the employee share of the payroll tax rate. With
this provision set to expire on December 31, Congress is looking
at ways to extend, and perhaps expand, the provision for an
additional year.
Senators Claire McCaskill (D-MO) and Susan Collins (R-ME) have
offered a bipartisan proposal that would not only extend the
current payroll tax cut for an additional year, but would also
reduce the employer’s share of the tax on the first $10 million
of a company’s wage costs. In addition, the legislation would
delay a new pollution standard for industrial boilers, a proposal
that extends a hand to GOP senators. The plan also includes an
infrastructure component that would supplement funding for
highway and bridge programs. While this represents a strong
bipartisan effort, Republican lawmakers remain strongly opposed
to the legislation’s offset – a 1.9 percent surtax on income over
$1 million.
Across Capitol Hill, GOP leaders will soon unveil their payroll
tax proposal, which is expected to incorporate an extension of
unemployment insurance benefits and language to avert a scheduled
cut in Medicare reimbursement payments to health care providers.
House Republicans also plan to include provisions to remove
barriers to construction of the Keystone XL pipeline. The measure
will be offset by extending a pay freeze on federal employees and
by raising the cost of Medicare premiums on high-income
earners.
On the appropriations front, lawmakers are scrambling to complete
work on the nine remaining spending bills for fiscal year 2012.
Both chambers are under pressure to act before stopgap
appropriations provided as part of an earlier fiscal 2012
appropriations package (PL 112-55) expire on December 16. There
is little appetite in Congress to extend the spending battle into
the new year, so it is likely that a continuing resolution (CR)
will carry any unsettled appropriations through the current
fiscal year.
At this point, the most likely candidates for a CR are the
Labor-HHS-Education (HR 3070) and Financial Services (HR 2434)
bills, primarily because they fund elements of health care reform
and the financial regulatory overhaul advanced by Democrats in
the last Congress. A CR is also possible for the
Interior-Environment measure (HR 2584) as lawmakers continue to
disagree about potential policy riders.
The final appropriations package is expected to be released early
next week and voted on by the House and Senate before Congress
adjourns for the year.
In other news, Representative Martin Heinrich (D-NM) introduced
legislation – the County Payments Reauthorization Act of 2011 (HR
3599) – on December 7 that would extend for five years the Secure
Rural Schools (SRS) and Payment-in-Lieu-of-Taxes (PILT) programs.
SRS payments would start at fiscal year 2011 levels and decline
five percent per year, while PILT payments would be maintained at
current levels.
HR 3599 is a companion bill to Senator Jeff Bingaman’s (D-NM) SRS
legislation (S 1692). While the Senate legislation has garnered
bipartisan support, House Democrats and Republicans are split on
how to move forward. Democrats would prefer a clean extension of
the program, while House Republicans are insisting on new forest
management provisions that would expand logging and increase land
usage.
PILT does not expire until next year; however, SRS expired in
September. Last payments are expected to go out at the end of
this year, and a failure to extend SRS will have a devastating
impact on rural forested counties in California.
Like SRS and PILT, the National Flood Insurance Program (NFIP)
needs to be reauthorized. The current extension expires December
16 and must be renewed in order for new flood insurance policies
to be issued. The Senate approved legislation December 7 that
would extend the NFIP through the end of next May.
House leaders, on the other hand, would prefer to extend the
program through March. If the chamber fails to act on a
stand-alone extension, it could be added to the omnibus
appropriations measure currently under discussion.
It should be noted that the House and Senate have been working
throughout 2011 to craft legislation that would reform the NFIP.
Earlier this year, the House approved a five-year NFIP renewal
and reform package. In the Senate, the Committee on Banking
recently passed its own five-year measure, but the bill must
still be considered by the full Senate and reconciled with the
House legislation. Of particular concern to counties is a
provision in the Senate bill that would require certain
homeowners and businesses to purchase federal flood insurance.
Specifically, the legislation would designate land that is
currently protected by properly constructed and maintained flood
control structures as “areas of special flood hazard,” which
would trigger flood insurance purchase requirements and land-use
restrictions.
Finally, a bipartisan group of House members are pushing forward
their own six-year transportation reauthorization bill. In a
letter to President Obama from Representatives John Carney (D-DE)
and Aaron Schock (R-IL) on behalf of 111 House members, the two
lawmakers emphasized the need for their bill to help boost the
economy and noted that “the traditional six-year time-frame
allows state departments of transportation to prepare for
substantial infrastructure projects.”
House Republican leaders plan to offer a transportation
reauthorization proposal as well. However, with the extensive
to-do list for Congress between now and the quickly approaching
holiday break, leadership has pushed work on the proposal until
next year. With the most recent transportation extension keeping
highway and transit programs funded at current levels until March
2012, House GOP members have signaled that they have sufficient
time to clear a long-term reauthorization bill.