At midnight on Thursday, a default on the Federal government’s obligations was averted and the government re-opened after a 16-day shutdown. Congress agreed to a short-term deal to fund the federal government through January 15th, and extend the debt ceiling to February 7th.
So, what does this mean for a tech agenda in the remaining days of 2013? To answer that question, one should first realize that with Congressional recess and holidays, there are only a little more than 20 working legislative days left in 2013. Next, we should examine what the “honey do” list is for Congress that is not directly related to technology. Putting aside the need to produce a Budget Conference Report by December 13th and then reaching a deal in time to fund the government in 2014 and avoid another debt ceiling crisis (!), that includes:
- Passing the Farm Bill
- Passing the National Defense Authorization Act
- Passing the Sustainable Growth Rate (SGR) for Medicare, or the so-called "Doc Fix" “Doc Fix” which addresses physician reimbursement under Medicare
- Passing unemployment insurance
- Passing a water resources bill
The current Farm Bill expires in January, and SGR and Unemployment Insurance expire at the end of the year.
Still, we see a number of items that are germane to our industry that we will be closely monitoring and, in many instances, vocally pursuing. These include:
Immigration reform: Coming out of the government shutdown, the President raised this as a significant priority on his agenda. The Senate has already passed a comprehensive immigration reform bill that includes high tech provisions, border security and addresses undocumented workers. The House has a number of smaller bills that take on each of these parts of the debate but has resisted a comprehensive approach. We believe there is a strong likelihood that one or more of those pieces of legislation could move in the House and one could be a high tech immigration reform piece. That said, the split in approach between the Senate and the House makes it less clear that there will be a bill that goes to conference and passed by both chambers.
Patent Reform on Litigation Tactics: We expect the House Judiciary Committee will soon formally introduce a bill on this topic. The next step will be for the Senate Judiciary Committee to introduce its bill and there is hope that the two can reconcile any differences as the legislative process unfolds.
Data Breach and Notification: We expect that one to two House committees will look to advance some legislation on this matter.
Marketplace Fairness Act: With the Chairman of the House Judiciary Committee having set out principles on this matter, it is not clear how or when some legislation may follow. The Senate has already voted in support an internet sales tax.
There are other matters on the horizon as well, such a cell phone unlocking bill that could move, ongoing debates around the right balance between privacy and innovation, advancing a cybersecurity framework, and allocation of spectrum. In addition, the Budget Conference may yield some progress on tax initiatives that are important to IT and technology – such as the Start-Up Innovation Tax Credit.
All of this is to say that we take the long view. We may not see our desired action this year but we must and will continue to advance our agenda this year and position ourselves for 2014.
