The National Assn. of Wholesaler- Distributors has just completed our biennial Membership Survey which, among other things, gives us a timely report on what issues keep our members up at night.

Health care once again tops the list with energy, taxes and spending all of concern. Will these issues see legislative action this fall?

Congress spent September focusing on Iraq and the long-awaited report from Gen. David Petraeus. As a result the legislative agenda for the fall got crowded with unresolved issues and too little time.

The new federal fiscal year began on Oct. 1 with Congress having failed to pass the spending bills that fund government departments and agencies. This will require Congress to pass “continuing resolutions” to fund the departments on a stop-gap basis.

Congressional Democrats advocate significant increases in federal spending, but President Bush has threatened to veto appropriations bills which include those increases. If the president vetoes spending bills and Congressional Republicans sustain his vetoes, we could face a shutdown of the government agencies or departments in question. As of this writing, no one is predicting how this expected game of “chicken” will be resolved.

Congress will also likely consider significant tax legislation this fall. House tax-writing committee chairman Charles Rangel (D-NY) has proposed lower-income tax breaks and repeal of the Alternative Minimum Tax (AMT)—cuts totaling almost $1 trillion in foregone revenue. He would offset this revenue loss by raising taxes on upper-income earners (perhaps with a tax surcharge of up to 5 percent) and by taxing the investment income of private equity firm executives as ordinary income rather than as capital gains.

Congress has several healthcare-related items percolating. Most noteworthy is legislation to fund the children's health care program (SCHIP). This legislation has been tied up in controversy over proposals to expand the program so that families with up to $83,000 in income would be eligible for benefits—which could result in middle class families both qualifying for the aid program and being required to pay AMT. The president has threatened a veto should it pass.

Both houses are considering legislation to mandate mental health parity in health insurance coverage. A House committee has approved a bill uniformly opposed by the employer community. Employer and mental health advocacy groups, though, have reached agreement on a more reasonable approach moving through the Senate.

On energy, both houses have passed legislation, but there is little confidence in the business community that either bill would successfully address energy needs. Any passage this year remains doubtful.

So while Congressional leaders say they may remain in session into mid-December to provide more time to address legislative matters, there are few observers who are optimistic that they will complete action on all, or even much, of their legislative laundry list this fall.