While Republicans won control of the House of Representatives and several seats in the Senate, those new members will not be sworn in until January. The current Democratic congress is still in charge until then (though Democratic numbers in the Senate will be reduced to 58 as Senator-elect Mark Kirk will take office in December) and there’s a lot to do in the short session in these two months:
Extending tax cuts is a top political priority but the world won’t end if they expire for a short while: more money will simply be withheld from workers’ paychecks. And, next spring’s income tax returns are based on tax provisions in effect in 2010.
But there are other items that simply can’t be put off until next year.
Not a single spending bill has passed. A stopgap bill is needed to avoid a government shutdown.
Doctors face a 23 percent cut in their Medicare reimbursements, with another 6.5 percent cut looming on Jan. 1. That needs to be fixed.
It gets worse. Tax cuts that expired at the end of last year haven’t been extended, and that’s a problem that needs to be fixed this year. It would be too late to address it next year because the filing season will have already begun. More than 26 million families would face tax bills in April averaging $2,600 higher because of the alternative minimum tax, or AMT, which was enacted four decades ago to make sure the rich pay at least some tax, but threatens to reach into the middle class because it’s never been updated for inflation.
“That’s a political train wreck that I can’t imagine they’ll let happen,” said GOP tax lobbyist Ken Kies.
A popular deduction on state and local sales and property taxes has already expired and also needs to be revived this year so taxpayers can claim it when preparing their taxes next year. Also in that category are popular tax breaks on college tuition, the widely backed research and development tax credit and a roster of other business tax cuts.
And, without action by Congress, 2 million unemployed people will lose jobless benefits averaging about $300 a week nationwide by the end of December. It’s by no means a sure thing that the benefits could be extended in the post-election session.
One of the few sure bets is that Congress will find a way to avoid a government shutdown when a stopgap spending bill expires Dec. 3. The lame duck session begins Nov. 15 for a week and then resumes after Thanksgiving.
Some lawmakers are holding out the possibility of wrapping all 12 unfinished spending bills for the budget year that began Oct. 1 into a massive $1.1 trillion catchall bill, but that’s now a long shot, given the election results. Instead, another stopgap bill freezing budgets at current levels, perhaps until March, is needed to avoid a shutdown.
On the other hand, it’s looking bleak for the annual defense policy bill, which has been passed every year for five decades. It’s caught in a standoff over the Pentagon’s “don’t ask don’t tell” policy on homosexuals serving in the military.
Indeed, Defense Secretary Gates is encouraging Congress to repeal DADT now. Senate Majority Leader Harry Reid promises a vote on the DREAM Act. There’s also the New START treaty President Obama negotiated with Russia to reduce our respective nuclear arsenals. A two-thirds majority is constitutionally required for passage by the Senate and that’s why Democrats are being encouraged now when there’s still more of them. In fact, it makes sense for Democrats to pass as much as possible before Republicans takeover. Why not? The Republicans used the 1998 lame duck session to impeach President Clinton!
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