Is congress broken, or is the system working? (Washington Insights).

Over the last decade, the U.S. Congress has failed to produce legislative solutions to some of America's most significant and tragic situations and events: the shootings at Columbine, HMOs, September 11, presidential transgressions, and if I am correct, Enron.

My former political science professor began a class stating that Congress was designed not to work -- the necessity to reach consensus on any one issue, coupled with strong ideological barriers to compromise, makes it extremely difficult for a bill to become a law. This professor postulated that the founding fathers had set up a system of checks and balances that, when applied to a structure with inherent factions, would prevent radical or damaging legislation from becoming law. Since Congress is reactionary in nature, the system works against the enactment of knee-jerk legislation. Some examples:

* In April 1999, two students at Columbine High School carried out the worst school shooting in the nation's history, killing 12 students, a teacher and themselves. In the wake of this tragedy, Congress proposed several bills that increased the difficulty of obtaining firearms without background checks and made it illegal to purchase large-capacity magazines for firearms.

Gun control is one of the most contentious issues in the U.S., and gun control laws are very difficult to pass. One arm of Congress acted, but the other failed to pass the same bill; the 106th Congress adjourned without passing consensus legislation. Despite powerful interest group pressure on lawmakers to act, the issue has not been revisited. My professor would, no doubt, say the system worked.

* Members of Congress campaigning in 1996 began to hear stories from constituents that some HMOs were providing inadequate medical care to participants -- in some cases refusing payment for certain treatments, causing patients to die. When the 105th Congress convened in January 1997, several members introduced what has become known as the "Patients' Bill of Rights" legislation, requiring HMOs to follow certain guidelines and give patients greater access to needed medical care.

No Compromise Forthcoming

Before adjourning in 1998, both the House and the Senate had passed different versions of patient protection legislation, but no compromise bill was produced. The legislation met the same fate in the 106th Congress. Now, more than five years later, patient protection legislation passed by both Houses of Congress will likely meet the same fate. Again, according to the professor, the system works.

* In the waning hours of the lame duck 105th Congress, the House voted articles of impeachment against the sitting president, which required that the Senate hold a trial to decide whether to remove the president from office. Naturally, this process was riddled with partisanship and was likely the most difficult situation Congress had dealt with in 50 years. However, after hearing the facts presented by the House managers during several weeks of trials, the Senate did not find enough evidence to warrant the removal of a sitting president. Again, the system worked.

* Enter Enron. In the fall of 2001, Enron Corp. collapsed in a wave of accounting scandals, leaving thousands out of work. Many employees, with 401(k) balances largely in Enron stock, had their life savings largely wiped out. Congress again reacted immediately by introducing legislation to prevent future Enrons. As of mid-June, Congress has yet to finish investigating the collapse, yet has introduced no fewer than 30 bills to remedy the perceived problems.

* The House has passed three significant pieces of legislation dealing with Enron, two on pension and retirement issues and another on corporate governance and accounting. The Senate has yet to pass any legislation, but has reported a pension bill out of one committee, with two other committees poised to report bills by July 4.

While many agree that "something should be done," the debate has bogged down over what and how much. As this process unfolds during the final months of the 107th Congress, it is quite possible that no final product will be produced -- and that the system will have worked again.

The one significant event that may prove to be the exception to my professor's rule is legislation stemming from September 11. While it's unlikely that a terrorism insurance bill will become law, the President has asked Congress to create a new federal agency to combat terrorism. There will be wrangling, but in the end, I believe this agency will be created -- though maybe not until next year.

The legislative process is sometimes confusing and frustrating, so the next time you are stumped by Congressional inaction on an issue, thank the founding fathers!

Bob Shepler is Manager, Government Relations, in FEI's Washington, D.C. office.