Less than 45 legislative workdays remain in the 109th Congress, yet the agenda remains packed with what Congressional leaders term “must-pass” legislation. In fact, the only bills pending before Congress that truly “must-pass” are the 13 Constitutionally mandated appropriations measures that must be approved to keep the government running.  With both major political parties laser-focused on the outcome of the November elections, debate in Congress is likely to remain fixed on “headline” issues, such as immigration reform, gas prices, the war in Iraq, and Hurricane Katrina relief. Also, the possibility of additional charges being brought against people alleged to be involved with the criminal and / or ethics violations connected with the far-reaching lobbying scandals uncovered earlier this year continues to loom large.  Washington is always hot in the summer, but this could be an especially uncomfortable season in the nation’s capitol. 

Following is an update and summary status of IHA’s legislative priorities for the 2nd session of the 109th Congress: 

1. Counterfeit Manufactured Goods (H.R. 32, S. 1699) – In March of this year, a House-Senate conference committee came to agreement on anti-counterfeiting legislation.  The bill, titled the “Stop Counterfeiting in Manufactured Goods Act of 2005,” would allow U.S. Customs and Border Protection to seize and destroy known counterfeit goods, as well as the equipment and machinery used to make and package such goods.  President Bush signed the bill into law shortly after the conference committee’s action.

The legislation amends 18 U.S. C. Section 2320 by outlawing the sale of “labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto.”  Courts will have the authority to order the destruction of such items and the machines for making them.  Judges would also be directed to order the divestiture of proceeds from such counterfeit labels and the seizure of property used to make them and to provide restitution to the party that owns the counterfeited mark.

While the new law helps close several loopholes in existing Intellectual Property (IP) laws, the IHA believes that additional enhancements are necessary to address the problem at its core, that is, stopping counterfeited or pirated goods before they enter the U.S. marketplace. Under the guidance of its Government Affairs Committee, the IHA will continue to work with the Coalition Against Counterfeiting and Piracy – a broad-based coalition of business groups and companies concerned about the growing problem of counterfeit goods – to implement fundamental patent reforms. 

Read the complete report on Counterfeit Manufactured Goods here (PDF File)

2. Small Business Health Plans (SBHPs) – As health care premiums for small businesses continue to escalate, Congress has tried to address legislation (H.R. 525 and S. 406, S. 1955) that would allow small businesses through various industry, professional, or business associations, to band together across state lines to bargain with health insurers for better premium rates.

The House of Representatives has consistently endorsed the concept of SBHP’s, first in the 108th Congress, then again in the 109th Congress, when on July 26, 2005, H.R. 525 passed by a resounding bipartisan vote of 263-165.  In the Senate, the issue has had an especially hard time gaining traction.  However, in November 2005, Sen. Mike Enzi (R-WY), chairman of the Senate Health, Education Labor and Pensions Committee, introduced S. 1955.  The bill made its way through the committee process and onto the Senate floor.  But on May 11, 2006, a motion to limit debate on S. 1955 was defeated 55-43, essentially killing the bill for this Congress.  

While no further Senate action is anticipated, Sen. Enzi and his supporters, as well as a broad-based coalition of businesses and associations have pledged to continue to push for passage of this much needed legislation.  IHA is a strong proponent of association health plans legislation.

Read the complete report on Small Business Health Plans (SBHPs) here (PDF File)