Washington Report

2007 Outlook

We have seen the 110th Congress in session now for about one month. Many bills are going into the hopper for consideration by committees and later full floor action of both the House and the Senate. Bills on which action was incomplete in the 109th Congress may have new numbers in the 110th Congress, unless the bill sponsors requested the previous number. Please be sure that you have current numbers for bills as you write your letters to the 110th Congress. This issue of REPORT to Presbyterians from Washington is the Outlook edition. We hope to identify, in this brief format, issues we think will rise to the top of debate that are also identified by General Assemblies as issues for the Washington Office to advocate. We have used the three major headings as agreed to by the General Assembly Council in the Mission Work Plan Process.

Race, Gender and Religious Liberties

by Elenora Giddings Ivory

Key issues of the first year of the 110th Congress regarding matters of race, gender religious liberty and the rights of individuals and groups are as follows:

Immigration

A major topic of debate will be the issue of what to do about the 11 million undocumented people in the United States. As we have heard over the last year, the President's views on immigration actually fall closer to those of the Democrats, seeking ways for undocumented workers either to have a path to citizenship or to be able to cross the border for work purposes. The business community wants the less costly labor provided by immigrants, while states resent the expense of providing them with social services. We can expect another highly charged debate on these issues and perhaps even public reaction in the form of more demonstrations.

One bill likely to be considered again this year is the bipartisan DREAM Act, which would make it possible for children who come to the U.S. at a young age to have access to in-state tuition when they reach college age. Congress has considered this proposal to varying degrees for several years.

Voting Representation for Washington, D.C. residents: Bills have been introduced to give District of Columbia residents a voting Member of the U.S. House of Representatives. This first step is seen by some advocates as not going far enough, because the bills include no Senate representation. The District now has only a non-voting delegate in the House.

The current initiative would tie a permanent House seat for the District of Columbia with an additional House seat for Utah. Given its population increase, Utah is expected to gain an additional seat in the House once the 2010 census is taken and redistricting is done. This balancing of the District of Columbia with Utah is seen as necessary because a D.C. seat would likely be Democratic while a Utah seat would likely be Republican. This same political party compromise was reached when Hawaii and Alaska were brought into the Union. Alaska was expected to be Republican while Hawaii would be Democratic. The current Senate political party representation from these two states reflects this balancing. The NAACP supports the incremental approach of giving the residents of the District of Columbia a House seat even though it is tied to an additional seat for Utah.

Criminal Justice

If those who are discharged from prison are not given good support systems to help them re-enter their communities, they may re-offend. Recidivism is a big problem for those who cannot get support to re-enter society and rejoin their families.

Congress could begin to address this problem by passing the Second Chance Act, which would offer support services for people who are leaving prison. The 109th Congress came close to passing this legislation, which can be viewed as an anti-poverty measure, in December. Researchers have shown that inmates who earn college degrees tend to find jobs and stay out of jail once released, but current law bars inmates from receiving Pell grants to attend college and keeps some students with drug convictions from getting other kinds of support. Following Washington's lead, many states have ended prison education programs that had long since proved their worth, despite the fact that many offenders are young people who could benefit from rehabilitative measures.

Congress should also repeal the lifetime ban on providing temporary welfare benefits to people with felony drug convictions. The federal government should strengthen tax credit and bonding programs that encourage employers to hire people with criminal records.

Curbing recidivism will also require doing a lot more to provide help and medication for the one out of every six inmates who suffer from mental illness.

Family Planning (International Funding/Domestic Access)

Several bipartisan bills have been introduced in support of programs to prevent unintended pregnancies through access to birth control, family planning and sex education. There will be much attention to this approach, and to work on restoring International Family Planning Funds to the United Nations.

Human Trafficking

Trade in human beings for various kinds of exploitation is a growing problem, even in the U.S., and will get congressional attention in 2007.

No Child Left Behind Reauthorization (NCLB)

This Bush Administration education program is due for reauthorization in 2007. Justice organizations are concerned that adequate safeguards be built in to protect the most vulnerable students. NCLB is only part of the public education debate. Infrastructure also needs attention from Congress.

Homeland Security (Privacy and Surveillance)

The public has recently learned about the Administration's assertion that it is within Homeland Security's purview to open anyone's private mail. How much access to private records should the government have in the name of security? Should medical files, library searches and travel plans of all citizens be open to public scrutiny? These questions will receive attention this year.

Hate Crimes/Sexual Orientation

Attention is expected to focus on passing an Employment Non-Discrimination Act (ENDA) bill barring employment discrimination based on sexual orientation. Legislation is also likely to be introduced in order to add to the list of offenses designated as Hate Crimes those criminal actions perpetrated on the basis of sexual orientation.

Race, religion and naturalized citizenship are now covered by the Hate Crime Statistics Law, but sexual orientation, gender and disability are not. When the Hate Crimes debate begins, legislators will recount cases in their districts where a disabled person may have been the subject of a violent action simply for being disabled. We may hear about the killing of Amish schoolgirls, possibly targeted only because they were girls. Law enforcement has supported expanding the Hate Crimes Act to these other categories. The question of whether gay couples may join in civil marriage or civil union is being debated primarily at the state level and may not come out of congressional committees.

Religious Advocacy

When the Senate debated its ethics regulation package, one of its titles would have made it difficult for the religious community and other non-profits to speak on behalf of the poor without severe scrutiny by government agencies. It appears that this restriction was not part of the measure as passed.

Domestic Poverty, Ecology and Environment

by Leslie Woods

Many anti-poverty and environmental advocates are excited about the prospects of positive movement on these vital issues during the 110th Congress, but the budget and appropriations process will prove challenging for social safety net programs. The issues that are most likely to move, and/or to be in most danger of funding cuts, are as follows:

Federal Budget and Tax Policies

The Fiscal Year (FY) 2008 budget process starts when the President releases his budget proposal in early February. March is devoted to hearings, with Appropriations Committees making requests to the Budget Committees, which then produce a budget resolution for consideration by Congress by mid-April. The President has promised to balance the budget in five years, and Congress has passed pay-as-you-go, or "pay-go" rules, meaning that all new spending must be offset by cuts elsewhere or increases in revenue. Members of the new congressional leadership may seek to include funds for the Iraq war in the budget. Until now, Iraq has been handled in supplemental bills and not included in the overall budget spending caps. Advocates are concerned that the new "pay-go" rules and the sudden desire to balance the budget will force damaging cuts in programs that serve the poor and vulnerable and will advocate for these programs in the budget process.

The State Children's Health Insurance Program (SCHIP) is slated for reauthorization in 2007. This $40 billion block grant funds state health insurance programs for about 4 million poor children across the nation. Because the funding has not been adjusted to keep up with inflation or the rising costs of health care, the program has experienced shortfalls in the last few years. The "pay-go" rules will make it difficult to fund SCHIP adequately. To fill the shortfall and restore coverage to previous service levels, appropriators need to find $15 billion above the $40 billion original allocation. There are about 9 million poor children nationwide who have no health insurance, many of whom are eligible for coverage through SCHIP. Increasing coverage to include eligible children not currently enrolled in the program could increase funding by an additional $40 billion above the $55 billion already mentioned, an unlikely prospect.

Nutrition Assistance

The Nutrition title of the Farm Bill, due for reauthorization in 2007, provides for many programs that serve hungry families, including the Food Stamps Program. This program is an effective investment in meeting the urgent needs of children, seniors, people with disabilities, and low-income working and unemployed adults. It has nearly eliminated malnutrition from the national landscape and prevents deepening hunger in our communities. There is, however, room for improvement, such as raising benefits to let families purchase a nutritionally adequate diet, expanding access to the program, and simplifying program administration. Reauthorization of the Farm Bill also provides an opportunity to assist front-line agencies, such as food banks, pantries and soup kitchens, which deal with the problem of hunger every day.

Advocates will urge that the Farm Bill and FY2008 Budget invest significant new resources to make food stamp benefit allotments sufficient to real world needs, extend eligibility to more vulnerable populations, connect more eligible people with benefits and adequately support emergency feeding programs. The Farm Bill will move this year, and advocates can monitor the issues on the Nutrition title at the Food Research and Action Center Web site.

Housing

In their Out of Reach 2006 report, the National Low Income Housing Coalition states, "On average, a family in our country must earn $16.31 an hour at a full-time job in order to be able to afford a modest two-bedroom apartment without foregoing other basic needs." The President's FY 2007 budget cut funds for many housing programs and the Housing and Urban Development (HUD) Department, but Senate Finance Committee Democrats have asked Mr. Bush to fund HUD fully in the FY2008 budget.

Minimum Wage

Both House and Senate have passed a bill to increase the federal minimum wage to $7.25 an hour; however, the Senate bill includes some tax provisions that make the minimum wage increase's path to law a bumpy road. Constitutionally, tax measures are supposed to originate in the House, but the House has not passed any analogous tax provisions, so the Senate will hold its bill pending House action on the tax provisions. It is not clear how quickly the House will move to pass such measures, because members have staunchly insisted on a "clean" bill. It is possible that congressional desire to give low-wage workers their first raise in 10 years will move the process quickly, but more likely there will be a battle over this bill, which will only prolong low-wage workers' wait for their delayed pay raise.

Whatever the resolution of this conflict, however, eventually the two chambers will have to come to some agreement on the bill and send it to the President, who has indicated he will sign it. Sixty days after that, the first increase will occur and minimum wage workers will start earning $5.85 an hour. Increases to $6.55 and $7.25 will come at 12-month intervals thereafter.

Minimum wage advocates argue that $7.25 an hour will not lift minimum wage workers — who currently make nearly $6,000 below the federal poverty line for a family of three — out of poverty; but it is an important first step toward wage justice for low-wage workers. Sen. Edward M. Kennedy (D-MA) has pledged to introduce a bill to increase the wage floor again when the current bill goes into effect.

Social Security

The 110th Congress is unlikely to act on Social Security, either to privatize it as the President wishes or to reform it.

Hurricane Follow-up

Gulf Coast recovery is a microcosm of the nation's challenges. Seventeen months after Katrina and Rita devastated the Gulf Coast, little progress has been made to measure environmental contamination or rebuild housing, infrastructure, schools and health care facilities. The 110th Congress has shown little will to act on further support for the Gulf Coast recovery process, and it was noticeably absent from the President's State of the Union Address. Advocates should keep pressing their elected officials to further the rebuilding process and to support local and state governments in this formidable task.

Climate Change

Prospects are good for climate change legislation in the 110th Congress. Several bills have been introduced, including the Sanders (I-VT)-Boxer (D-CA) bill, which calls for an 80% cut in CO2 (carbon dioxide) emissions by 2050, to be accomplished via a combination of a cap-and-trade program, mandatory emission standards for power plants, auto standards, consumer appliance standards, renewable portfolio standards and subsidies to renewable energy sources. This is by far the most ambitious bill that has been introduced with the aim of reducing the U.S. contribution to fueling global climate change. Many more climate proposals are expected this year.

International Issues and Peace

by Catherine Gordon

The November 2006 elections in the United States resulted in changes in congressional leadership that will significantly alter how foreign and security policy is conducted. Many of the chairs of committees with jurisdiction over foreign affairs have records of commitment to human rights, concerns about training abusive foreign militaries, and interest in fair trade and poverty alleviation.

Colombia

While the situation in Colombia continues to be dire, with the head of the Colombian Church fleeing to the U.S. after receiving death threats, there is hope for some improvement in our policy toward Colombia. The change in congressional leadership, as well as growing scandals in Colombia and U.S. commitments in Iraq, may mean that the FY2008 budget will include efforts to start gradually scaling down U.S. military involvement in Colombia's civil war.

Cuba

Members of Congress who support changing U.S. policy toward Cuba will control important committees and subcommittees. While in the past there have been enough votes to move towards a more productive policy of engagement toward Cuba, the obstructionist leadership in Congress used its influence and control of parliamentary procedure to remove Cuba provisions before sending legislation to the President for signing. The leadership change means prospects for keeping Cuba provisions in legislation have increased.

There are already new initiatives on Cuba, particularly on travel. Rep. Jeff Flake (R-AZ) has introduced legislation to end the travel ban altogether and Sen. Michael Enzi (R-WY) is exploring offering parallel legislation in the Senate.

Free-Trade Agreements

Both the Peru- and Colombia-U.S. "free trade" agreements (PUFTA and CUFTA) await a vote on ratification by Congress. Incoming House and Senate leaders have been critical of the weak labor rights provisions in the deals, but the unacceptable labor provisions are just the tip of the iceberg of what needs fixing. There have been previous close votes on free trade deals, such as a one-vote margin on the CAFTA in 2005, and the close Oman FTA vote in 2006, showing that there is increasing wariness of the current free trade model in Congress. It is possible PUFTA and CUFTA could both be sent back to the drawing board.

Torture

The Military Commissions Act of 2006 stripped detainees held at Guantanamo and non-citizens designated by the President as "unlawful enemy combatants" of the right to challenge their detention. Congress passed this legislation in 2006 in response to appeals from President Bush. Restoring the right to habeas corpus will not be easy, but, Sens. Patrick Leahy (D-VT) and Arlen Specter (R-PA), the chair and ranking member of the Senate Judiciary Committee, as well as Rep. Sheila Jackson-Lee (D-TX), have introduced legislation to restore habeas corpus protections for U.S. detainees at Guantanamo Bay, Cuba, and elsewhere.

Rep. Ed Markey (D-MA) and Sen. Leahy are expected to reintroduce legislation banning "extraordinary rendition", the process by which individuals are arrested without legal proceedings and sent to countries where torture is practiced, in order to extract information.

Sudan

A radical improvement of the security situation in Darfur is essential to prevent further genocide. The region is waiting for a breakthrough to enable UN peacekeepers to be deployed to protect civilians and humanitarian operations in Darfur.

President Bush mentioned Darfur in the State of the Union speech, with no plan of action or instructions to Congress about stopping the genocide. United Nations Resolution 1706 authorized a peacekeeping force for Darfur, but the genocide rages into its fourth year, with this force waiting in the wings for Sudanese consent. We must continue to hold our leaders accountable for their role in perpetuating the crisis through insufficient action.

Millennium Development Goals (MDGs)

The eight MDGs range from halving extreme poverty to halting the spread of HIV/AIDS and providing universal primary education, all by the target date of 2015. They form a blueprint agreed to by all the world's countries and leading development institutions. The MDGs have galvanized unprecedented efforts to meet the needs of the world's poorest. In 2007 there will be many vehicles in Congress to push for the achievement of these goals, such as pressing for more foreign aid allocations in the budget, as well as the Child Act, Jubilee Act, GROWTH Act, and Farm Bill.

Israel/Palestine

While the situation in Israel/Palestine grows increasingly grim and the wider region grows more unstable, the outlook for Israeli-Palestinian peace is not hopeful. Peacemaking requires strong leadership, but there is currently a constellation of weak or new leadership in place. Palestinians and Israelis are faced with deeply divided and weak leadership; and in the wider region King Abdullah of Jordan and President Mubarak of Egypt are unpopular because of their support for U.S. policies. There is a new and untried Secretary General of the United Nations and British Prime Minister Tony Blair, a champion of Israeli/Palestinian peace, will soon end his term. With the Democratic takeover of Congress, a more problematic legislative bias towards Israel is likely than in the previous Congress. In 2007 it will be even more important for grassroots voices to be heard by the Administration and Congress in support of Israeli/Palestinian peace.

Iraq

As the war in Iraq grows increasingly unpopular, Congress is seeking avenues to oppose the President's policies and bring the war to an end. When President Bush announced a new plan to deploy 21,500 more troops to Iraq, the Senate Foreign Relations Committee approved a non-binding resolution stating that the strategy is not in the national interest. Another proposed resolution stated that lawmakers disagree with the President's strategy. Rep. Lynn Woolsey (D-CA) introduced HR 508, "The Bring the Troops Home and Sovereignty Restoration Act of 2007," one of many bills likely to be proposed to end the war.

Congress has failed to exercise oversight of the war supplemental spending process so far, but will now try to pressure the Pentagon and the President to be more forthcoming over defense spending. The new leaders of the Budget Committees have signaled their desire for full disclosure of war needs and costs in the regular budget.

Nuclear Disarmament Issues

In 2007 the crisis in U.S.-Iranian relations and the escalating international conflict with Iran on nuclear issues will take center stage. The Iranian government has so far refused to abide by a UN-set February date by which Iran must halt nuclear enrichment. Iran is expected to announce shortly that its ability to enrich uranium for use in nuclear power reactors has been expanded dramatically.

The U.S. position on Iran is similar to its position toward Iraq before the invasion. The United States has repeatedly refused to engage in any diplomatic talks with Tehran, characterizing the government as part of an "axis of evil" and threatening a military confrontation. The Iranian government has fueled this fire by not complying with its commitments under the nuclear Non-Proliferation Treaty (NPT), defying the international community's desire to undertake full international inspections of its nuclear facilities.

There seems to be little political will within Congress for another war. Many inside the White House and Congress view the current escalation in tension as mere saber rattling with little possibility for an actual military confrontation.