Policy Updates and Issue News September 2017

The Framework

The United Framework for Fixing Our Broken Tax Code was unveiled September 27 by the President and Republican members of Congress.   The so-called “Big Six” who will have tremendous influence over the details of tax reform are all supportive of the Framework blueprint.  The Big Six are Senate Finance Committee Chairman Hatch (R-UT), House Ways and Means Committee Chairman Brady (R-TX), Senate Majority Leader McConnell (R-KY), House Speaker Ryan (R-WI  ), Treasury Secretary Mnuchin and National Economic Council Director Cohen.  In addition, Chairman Hatch and Chairman Brady report the Republican members on their committees are solidly behind the blueprint.  Democrats, on the other hand, are skeptical and have questioned the validity of several provisions in the Framework.  They contend that by dropping the top tax bracket from 39.6 to 35 percent, the Framework is handing a tax cut to the wealthy.   Beyond the general targets for comprehensive tax reform contained in the Framework, a whole host of specific provisions remain unknown.  As with most initiatives in Washington, the devil will be in the details as Congress tries to write comprehensive tax reform legislation. 

The Framework Outline

• Nearly doubles the standard deduction to $24,000 for married taxpayers filing jointly and $12,000for single filers
• Reduces the current seven 10% to 39.6% tax brackets to three at 12%, 25% and 35%
• Eliminates most itemized deductions except for home mortgage interest and charitable contributions
• Repeals the death tax, generation-skipping transfer tax and Alternative Minimum Tax (AMT)
• Limits the maximum tax rate for small and family-owned businesses to 25%
• Reduces the corporate tax rate to 20% from 35%
• Allows businesses to immediately expense the cost of new depreciable assets other than structures for five years
• Preserves business tax credits for research and development and low income housing
• Repeals numerous additional special exclusions and deductions such as local and state taxes

What about Agriculture?

Because so much of the business of farming and ranching relies on borrowed money and operates on tight profit margins, agriculture is concerned about the outcome of several provisions as the tax reform package moves through Congress such as,

• Cash accounting that recognizes income when received and expenses when paid
• Interest expense deductions on capital purchases and operating loans
• Like-kind exchanges (Section1031) that allow the sale of assets and purchase of replacement property of a like-kind
• Capital gains taxes that discourage property sale and transfer
• Deductions for local and state taxes

What About PAYGO?

The 2010 statutory Pay-As-You-Go (PAYGO) Act passed by a Democratic Congress requires the federal government to tally the revenue effects of bills that have become law.   PAYGO reinstated pay-as-you-go rules used in Congress from 1990 until 2002 which require most new spending to be offset by spending cuts or offset by new revenue.  The Framework would supposedly yield around $1.5 trillion in tax cuts producing budget deficits.  Senior Republicans on the Hill suggest that any deficits caused by tax cuts will be offset by tax reform revenues through economic growth.  But to avoid automatic PAYO spending cuts up front, Republicans must muster 60 votes in the Senate with help from Democrats for a waiver.  That will be tough.  On the other hand, if Democrats block the waiver, they risk deep cuts in programs that are important to Democrats in order to satisfy PAYGO.

Senate Republicans are considering the possibility moving a tax bill through a budget resolution procedure they’re drafting for FY’18.  The resolution procedure would allow the Senate to advance and pass tax legislation with only 51 votes in the Senate thereby bypassing a Democratic filibuster.  Both parties have used budget reconciliation to pass difficult legislation in the past.

What’s Next?

The National Grange will push for equitable tax treatment of its members as tax reform legislation moves through Congress.  In addition to tax law changes laid out in the Framework, the Grange will pay special attention to what Congress proposes on cash accounting, interest expense deductions, like-kind exchanges, capital gains rates and local and state tax deductions.

What Now for the Affordable Care Act?

The Senate failed to muster enough votes to pass the latest attempt to repeal and replace ObamaCare.  The bill, sponsored by Republican Senators Graham (R-SC) and Cassidy (R-LA), was vigorously opposed by hospitals, doctors and the insurance industry.  Graham-Cassidy would have ended federal funding for Medicaid expansion and the subsidies to help people afford coverage, and would have converted these monies into block grants to states.  The block grant would have been capped per beneficiary regardless of how much a state spends, the grant would not adjust to changes in states’ funding needs, and it could be spent for virtually any health-care purpose.   The measure would also have given states a waiver out of ObamaCare regulations if they could otherwise provide “adequate and affordable” coverage to people with pre-existing conditions. 

After the Senate pulled the vote on Graham-Cassidy, Senate Committee on Health, Education, Labor and Pensions Chairman Alexander (R-TN) and Ranking Member Murray (D-WA) announced they would resume their stabilization talks.  The emerging stabilization plan could include: 

• Funding of cost-sharing reduction for two years
• Allowing individuals over 30 to purchase cheaper, skimpier so-called “copper plans”
• Flexibility to Section 1332 waivers that allow states to tailor health insurance plans for their state’s needs

Meanwhile, President Trump announced plans to issue an executive order to allow health insurance to be purchased across state lines.  Selling insurance across state lines could encourage the formation of interstate association health plans (AHIPs) and allow membership groups to offer health plans as a  benefit of joining.                                                                   

Veterans Affairs

Proposed regulation changes at the Department of Veterans Affairs would allow VA providers anywhere in the country to conduct telehealth visits with VA patients across state borders regardless of state licensing.  Right now, VA telehealth care is limited by state restrictions that prohibit physicians from seeing a patient via telemedicine in a state where the physician is not licensed.  President Trump announced plans for “anywhere to anywhere VA healthcare” priority in August.

Ag Workers on Fast Track

“The Agricultural Guest Worker Act of 2017” will be introduced in the House the first week of October.  Sponsored by House Judiciary Committee Chairman Goodlatte (R-VA), the bill is a collaborative effort between the Chairman and the agriculture community.  A few key points are:

• Gives USDA authority to enforce and administer a new H-2C program to begin two years after enactment. The current H-2A program will sunset at that time.
• Annual visa cap of 500,000 but allows for increases or decreases depending on demand. Unauthorized ag workers at time of introduction who become H-2C  workers do not count against the cap.
• For seasonal workers, initial visas will be for 18 months continuous stay. For non-temporary work (skilled workers such as milkers), initial visas will be for 36 months continuous stay.
• Wages will be state or local minimum wage or 15 percent above federal minimum wage, whichever is greater.
• There is no requirement for employers to supply housing or transportation.

Markup in the House Judiciary Committee will occur within a few days of introduction and the bill is expected to pass the House.    Over in the Senate, Democrats are likely to insist that ag worker legislation become part of a broader overall comprehensive immigration legislative package which will tend to stall ag worker relief for the foreseeable future.

Proposed Boost to Rural Broadband  

Democrats in the Hill are calling for a $40 billion rural and inner-city investment to expand internet access.  Their plan is modeled on the 1930’s Rural Electrification Act that’s credited with increasing access to electricity from 10 percent of Americans in 1936 to 90 percent by 1950.  Democrats say public funds are necessary because internet companies on their own have failed to cover large segments of the public.

Electric Co-Ops Step In             

People living in rural communities are four times more likely to lack access to high speed internet than those in urban areas.  Increased bandwidth has become a necessity for precision agriculture, health care, education, businesses and tourism in rural communities.  Rural Electric Cooperatives, formed nearly 80 years ago to bring electricity to rural inhabitants, are increasingly stepping up to fill the rural broadband supply gap.  The existing co-op distribution networks may lend themselves to deployment of broadband service.   Several co-ops have found that building out a broadband network, either on their own or partnering with established telecommunications providers, using their existing infrastructure is an efficient way to serve rural customers.  

Secretary Perdue has lamented for months that he is the only confirmed appointee serving at USDA.  Now help appears to be on the way.  The Senate Agriculture Committee will meet Monday evening October 2 to vote on the nominations of Steve Censky to be Deputy Secretary of Agriculture (Perdue’s number 2) and Ted McKinney as Under Secretary for Trade and Foreign Agriculture.  Censky is the CEO of the American Soybean Association and McKinney is Indiana’s Director of Agriculture.  The noncontroversial candidates are expected to be quickly confirmed by the Senate.  Later in the week, the Senate Agriculture Committee will hold hearings on the popular nominations of Bill Northey to be Under Secretary for Farm and Conservation Programs and Greg Ibach to be Under Secretary of for Marketing and Regulatory Programs.  Northey is Secretary of Agriculture in Iowa and Ibach is Nebraska’s Agriculture Director.  There has been no word from the Senate Agriculture whether hearings will be scheduled for controversial nominee Sam Clovis to become Under Secretary for Research, Education and Economics.

The Senate Finance Committee has scheduled an October 5 hearing on the nomination of Greg Doud to be Chief Agricultural Negotiator in the Office of Special Trade Representative.    Doud is President of the Commodity Markets Council and was a senior aide to the Senate Agriculture Committee during the 2014 farm bill process.