2002 To Be Busy Year on Capitol Hill
Year-End Wrap-Up

by Jonathan Yarowsky
NATO Washington Counsel

Beginning with the hotly debated, if not hotly disputed, 2000 presidential election and ending with the aftermath of the incomprehensible events of Sept. 11, last year was, by any calculation, a most difficult and extraordinary year in our collective memory. As we start 2002, let us briefly review the past year with particular focus on its impact on NATO members.

2000 Elections – In what was surely one of the closest national election cycles in years, 2001 began with the presidential election being thrown into the courts and ultimately being decided by a 5-4 Supreme Court ruling. The finality of the election (needed by all) and its effects on Capitol Hill were just beginning to come into focus, when the body politic was shaken up again (as described below).
Following the casting of the electoral votes, and the inauguration of George W. Bush, Congress went back to business. After a long debate, the Senate reached a unique power-sharing agreement which reflected in committee memberships, budgets and office space that body’s new 50-50 split between the parties.

Republicans were able to retain their technical “control” of the Senate — resting on the fact that vice president Dick Cheney, as president of the Senate, had the tie breaking vote — by negotiating into the agreement the condition that in the event of a tie vote on a bill or nomination in Senate subcommittee of full committee, the full committee chairman or Majority Leader of the Senate (then Trent Lott) respectively would have the right to move the bill or nomination for floor consideration. As historic as this agreement was, its brevity of duration was all the more dramatic.

Jeffords Party Switch – Just as it seemed that President Bush and Congress were settling into their “new business” mode, another unprecedented event shook the halls of Congress. On May 24, Sen. Jim Jeffords of Vermont announced that he would leave the Republican party to become an independent. As a result of his party switch, Democrats suddenly became the majority party in the Senate and, starting June 5, gained all the incidents of power and prerogative that such control means: control of committees and with it the setting of agendas.

Media Violence – As could be expected, there was continued focus during the course of 2001 on the issue of media violence. As in 2000, no legislation was enacted, as many members realized that the issue is fraught with complexity. Early in the year, surgeon general David Satcher released his much-awaited report entitled Youth Violence: A Report of the Surgeon General. Although the report itself received a modicum of news coverage, it actually carried an important observation about the root causes of youth violence. To paraphrase the surgeon general’s response — there is no single factor or combination of factors that can predict youth violence.

Satcher went on to observe that “a diverse body of research provides strong evidence that exposure to violence in the media can increase children’s aggressive behavior in the short term. Some studies suggest that long-term effects exist, and there are strong theoretical reasons that this is the case. But many questions remain regarding the short- and long-term effects of media violence, especially on violent behavior. Despite considerable advances in research, it is not yet possible to determine with accuracy how various factors — length of exposure, type of exposure, site of exposure and age of subject, among others — will predict violent behavior in adolescents and adults.”

Federal Trade Commission Reports – The FTC also released two highly anticipated media violence reports. In April, the FTC issued an “interim” report on the entertainment industry’s marketing of media violence to children. In that report, the FTC found that NATO members were living up to the promises they made in September 2000, which indicated that NATO members: would not show trailers for R-rated films before any G- or PG-rated films; would only show trailers for R-rated movies before PG-13 films if those movies were consistent in tone and content with the feature film; and would “seek ways to include rating information in their Websites, and/or to link with sites that contain additional ratings information.” As a result of this report, several hearings were held in both the House and Senate.

In December the FTC released its annual review on the same topic. While the motion picture industry (encompassing the memberships of both the MPAA and NATO) was praised for keeping to its commitment to restrict placement of trailers for R-rated films and for displaying ratings information for specific films on theatre Websites, the report found that there was virtually no change in the ability of children to purchase tickets to R-rated films. Despite NATO’s repeated statements and efforts to increase ratings enforcement, the report found that “slightly more than half of theatres (52 percent) refused to sell tickets to an R-rated movie to the shoppers, and only 39 percent of the cashiers asked the shopper’s age at point of sale.” While brief attention was given to this report by Congress at the end of 2001, there was the understandable pressure to move forward on finishing the budget and legislation related to the Sept. 11 terrorist attacks. Undoubtedly, there will be renewed attention on the issue of media violence in the second session of the 107th Congress.

Minimum Wage – The legislative debate over minimum wage was superseded by the larger debate over the stimulus package and the need to help displaced workers receive extended unemployment and healthcare benefits. As you will recall, the last time the minimum wage was increased was the fall of 1997. For all these reasons, we strongly anticipate that there will be a minimum wage bill considered in the second session of the 107th Congress. In fact, Sen. Edward Kennedy (D-Mass.) has already said publicly that he will seek a vote on a minimum wage increase this year.

2002 will most certainly be a busy year, as control of both houses of Congress hangs in a precarious and unpredictable state. Republicans and Democrats have already started setting their agendas with a view to how best gain the critical few seats needed for majority control. As we move further from the events of Sept. 11 we also expect that Congress will turn its attention to a variety of issues affecting the exhibition industry. Issues surrounding media violence, increasing the minimum wage, antitrust, and digital and online cinema, as well as general oversight of the entertainment industry, are sure to attract attention this year. As such, we remind NATO members to continue their dedicated work in ensuring a safe movie-viewing experience as well as a sound workplace.

Finally, we also look forward to Capitol Hill Day, which will take place May 8 in Washington, D.C. during the NATO spring board meeting. It will be a pleasure to work with the real “dream team” — NATO members bringing their message directly to the halls of Congress.

 

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