High Tech ScorecardOverview
When it comes to technology policy, the first session of the 110th Congress was an improvement over the second of the 109th Congress which, distracted by a heated midterm election, did little legislatively to address the needs of the high tech industries. Nevertheless, the actual conclusive accomplishments of this session of Congress were modest. There is some reason for the tech community to be cautiously optimistic going into the second session of the 110th Congress if initiatives begun in the first session are concluded successfully in the second session.
With the new Congress came new Democratic leadership and with it came a well intentioned “Innovation Agenda” that promised the promotion of science and math education, increased emphasis on research and development, increased broadband deployment and affordability, federal support for green technologies, and a renewed commitment to small business. With the America COMPETES Act, it looked as if Congress had fulfilled at least part of its pledge in regard to R&D funding and science and math education. The bill promised funding for several key initiatives. However, at the end of the day various pressures resulted in a budget in which these programs failed to be funded.
Also on a disappointing note, Congress passed legislation that green-lighted the administration’s warrantless wiretapping program, although only for a six-month time frame. However, when it came time to approve a more permanent extension of the program, Congress resisted the Administrations’ extreme demands, at least for the first session. The Democratic caucus with the backing of a few key Republicans (such as Senator Specter) were able to push back against some of the more egregious administration proposals including retroactive immunity for a few favored telecommunications companies who may have broken the law. This matter is being hotly debated in the beginning of the second session.
The first session of Congress also saw the House of Representatives pass much needed legislation to reform the U.S. patent system.
H.R. 1908 (The Patent Reform Act) is one of the most important pieces of tech legislation in a long time. In curbing some of the most blatant abuses of our patent system, the bill creates a better climate for innovation. The bill has yet to be taken up on the Senate floor, but we hope Congress will vote on the bill early in the 2008 legislative cycle.
At the start of the session, the shift to Democratic control brought with it high hopes that the crisis in H-1B visas for skilled workers would finally be addressed within the framework of comprehensive immigration reform. While the Senate did take up reform, the collapse of the bill due to disagreement on illegal immigration issues was a great disappointment.
Progress on free trade agreements was extremely difficult due to increased skepticism toward (and in some cases outright opposition to) free trade among many members. The approval of the Peru FTA indicated that bipartisan support for free trade could still be achieved, but other pending FTAs still face uphill struggles in the second session.
Even though the first session of the 110th brought with it mixed results, serious tech issues are getting more attention and making their way into the discourse of leadership on both sides of the aisle. With the 2008 election fast approaching, all major candidates have expressed a commitment to tech policy—although to varying degrees. Going forward, we are encouraged by the prospects for tech policy advancement.
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