A slim Republican House. A one-seat Democratic majority in the Senate.
Conventional wisdom suggests with a divided government we will invariably see only gridlock and partisan grandstanding. With the current fight over how to raise the debt ceiling and threats of a government shutdown, it’s easy to conclude that conventional wisdom is correct.
In contrast, we see opportunities for legislative achievement where others see logjams. History is on our side. Divided government has resulted in durable legislation, including welfare reform in 1996, The JOBS Act in 2012 and the CARES 2020 Act during the height of the pandemic. Policymakers can move the needle on issues that lack the prominence of big partisan battles but are critically important to the country and working families.
Challenges undoubtedly lie ahead, including a looming presidential campaign that could make bipartisan cooperation even harder. Nevertheless, the 118th Congress presents an opportunity for policymakers to once again put our divided government to work to address the challenges about which Americans are most concerned. Some of those challenges affect individuals and families and others impact the country, including our international competitiveness.
Nothing brings the two parties together like a global threat to the nation’s future. For proof, look no further than the early January 365-65 House vote to create a Republican-proposed Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party. Members of both parties are concerned about our standing vis a vis China and are willing to work across the aisle to bolster our nation to protect America’s national security and economic interests. Much work lies ahead to maximize investment dollars and address delays in the regulatory system to ensure that the next generation of technological innovations is made in the United States.
Global competition for the critical minerals needed for our smart devices, vehicles and clean energy resources is a driving domestic supply chain concern. These sectors require vast amounts of raw materials and refining capacity for which the United States largely depends on imports from hostile nations. There is bipartisan agreement that we must make reforms to increase U.S. access to critical minerals. Bipartisan support exists for investing in the domestic critical mineral workforce, increasing mineral processing capacity, boosting federal research on the potential of mineral recycling, providing funding for assessments of U.S. resources and improving permitting and cleaning up abandoned domestic mines.
Regarding technology, members from both parties have expressed an interest in addressing the outsized role it plays in the life of every American. One place to start is to pass national privacy legislation. Last year, it came the closest yet with a ‘three-corners’ bill authored by House Energy and Commerce then-Chairman Rep. Frank Pallone (D-N.J.), then-ranking member Rep. Cathy McMorris Rodgers (R-Wash.) and Senate Commerce Committee Ranking Member Sen. Roger Wicker (R-Miss). This is an area ripe for additional bipartisan collaboration.
Importantly, we need to better prepare U.S. students and workers for the jobs of the future, including in the tech sector. There is a growing national consensus among elected officials, employers, and workers that while a four-year college degree is a viable option for many students, it isn’t best for all students. To ensure that Americans have multiple pathways to a well-paid career without a college degree, the president and Congress should quickly reauthorize the Perkins Career and Technical Education Act, which promotes career technical education. Further, policymakers should pass legislation like last Congress’ bipartisan National Apprenticeship Act, which would expand federally registered apprenticeship programs, youth apprenticeships and pre-apprenticeships, creating 1 million new apprenticeship opportunities.
Relatedly, small businesses constitute more than 90 percent of all employers and close to half of private sector employment. It’s why small businesses — major employers in every congressional district — are often referred to by members of both parties as the “backbone of the economy.”
Our organization, the Bipartisan Policy Center (BPC), has a task force on the future of the Small Business Administration (SBA) that is exploring reforms to the SBA for its reauthorization. To help the growth and creation of small businesses, Congress should take up SBA reauthorization (which has not happened in over 22 years) and consider bills such as the One Stop Shop for Small Business Licensing Act. Small businesses and entrepreneurs need better support, new efforts and reduced bureaucratic burdens.
Additionally, there is much that policymakers can do to support individuals once they secure a job. A critical issue, laid bare by COVID-19, is worker access to paid leave and other measures to support workers as they balance work and home. The president and Congress should look to modernize the Family and Medical Leave Act to ease regulatory burdens on businesses and expand access to job protection for workers. Policymakers have an opportunity to reform the Child Tax Credit by making sure it continues to reward work while helping ease the cost of raising children, particularly following the birth of a child.
Virtually every member of Congress is hearing about the lack of affordable housing in their states and districts. The BPC’s Terwilliger Center on Housing Policy put forth the American Housing Act of 2023, which provides a bipartisan blueprint to address the nation’s high housing costs, the lack of affordable homes and the overall housing shortage. Specifically, the president and Congress should incentivize communities to reform local zoning laws that act as barriers to the production of new housing units and expand the Low-Income Housing Tax Credit which promotes the development of affordable rental homes.
Finally, politicians can disagree on what policies or programs should be enacted to support economic growth and create opportunities for all Americans. But BPC believes elected officials, regardless of party affiliation, want to ensure that whatever policies are adopted that the taxpayer’s dollars are being spent efficiently, effectively and without waste. Oversight of federal programs, new and old, is a bipartisan responsibility.
For those already throwing up their hands in defeat about bipartisan cooperation in the 118th Congress, we encourage you to reset your expectations and recognize that a lot of important work gets done outside of the headlines and limelight. Ronald Reagan and former Sen. Tip O’Neill (D-Mass.) proved that and so did Bill Clinton and former Rep. Newt Gingrich (R-Ga.). If leaders from both parties take a page from their bipartisan negotiations, Congress can and will do much to help the country and our working families.
Kelly Veney Darnell is the interim chief executive officer for the Bipartisan Policy Center. Michele Nellenbach is vice president of strategic initiatives for the Bipartisan Policy Center.
Editor’s Note: This piece was updated on Feb. 14 at 9:20 a.m. to correct the name of the COVID relief bill enacted during a divided government.