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Businesses wanting a helping hand from Congress will have reason to applaud later this year as Congress acts on a stack of business-backed bills that have a better chance of passing than they did only a few months ago.
With huge debates looming over President Bush's biggest priorities—Social Security, tax reform and budget cuts, business leaders are looking for quick action on some smaller but still important bills before the legislative pipeline gets clogged.
Final passage won't be a cakewalk for any of the bills, but several measures should make it to the finish line:
Class-action lawsuits. First up in the Senate is a bill that would make it harder for trial lawyers to win big class-action lawsuits against manufacturers and other businesses. The measure would move class actions involving $5 million or more from state courts to federal courts if the defendant and at least one of the plaintiffs live in different states. In general, defendant corporations and companies tend to fare better in federal courts. The Senate will vote in a week or two. House action will follow.
Bankruptcy reform. Sponsors have been close for years to passing a bill that would force more bankruptcy filers to pay a portion of their bills. Still to be worked out is language sought by Democrats that would prohibit people convicted of violence at abortion centers from using bankruptcy laws to avoid paying fines. Though only tangentially related to the substance of the bill, the abortion issue has prevented passage for several years. Now, however, Republicans may offer a compromise to move the bill, which has better odds not only because of GOP election gains but also because the improving economy makes the bill seem less harsh. The key action will be in the Senate. House backers have more than enough votes to pass it.
Highway reauthorization. The House, Senate and White House get a little closer every week to a final agreement on a six-year highway reauthorization bill. A temporary bill expires at the end of March. Something in the range of $290 billion to $305 billion will be authorized, possibly by spring or summer. That will provide a road map for spending on hundreds of transportation projects in different degrees of planning and development, including interstates between Texas and Colorado and between Missouri and Louisiana; intermodal connectors at major port cities, such as Charleston, S.C., and Los Angeles; and another subway line for New York City.
Energy bill. Despite ever-present environmental controversies and regional disagreements, Congress is in better shape to pass energy legislation, even if in a piecemeal way. It may take a full two years to do it, but the larger GOP majority and a strong push from the White House improve the chances for legislation to expand oil and natural gas exploration, including in Alaska's Arctic National Wildlife Refuge, build a large natural gas pipeline in Alaska, make improvements to the aging national power grid and increase use of alternative fuels, including ethanol.
Asbestos litigation. There is no agreement yet, but there are signs of action on legislation to create an industry-financed trust fund to handle pending asbestos-related litigation as well as future cases. The major holdup is the size of the trust fund, which will probably end up being about $135 billion, lower than organized labor wants and higher than the insurance industry and corporations want. Progress is also being made in deciding on the medical criteria that will govern which claims will be considered, but more work in this key section remains.
Still to be worked out is language governing whether cases would be referred back to court if the trust fund were exhausted. Shepherding the bill through Congress when previous attempts by others failed will be a test for new Senate Judiciary Committee Chairman Arlen Specter (R-PA). He's working to get the measure to the floor by spring. The House will wait until after the Senate acts. Helping Specter considerably this year will be Democratic Sen. Dianne Feinstein of California, a key negotiator.
Medical malpractice caps. As with several other contentious bills, the holdup on medical malpractice legislation is in the Senate, not the House. When the bill was considered in the last Congress, Senate sponsors gathered only 49 votes, well short of the 60 needed to cut off debate. Nonetheless, Senate Majority Leader Bill Frist (R-TN), a former heart transplant surgeon, is pledging a full effort later this year. The legislation would cap damages for pain and suffering at $250,000. A sticking point will be whether the legislation will also protect pharmaceutical companies from lawsuits over drugs that have been approved by the Food and Drug Administration. Such a provision would help manufacturers of popular painkillers whose health risks are greater than earlier thought.
Researcher-Reporter: Gerry Moore
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