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Top Issues, Key Insights: The 2015 State
of the Union Address
Brunswick Group 2015
President Barack Obama’s State of the Union Address kicked off a year in which both Democrats
and Republicans face competing pressures to work together on governing the country while
also laying the groundwork for the 2016 election. How the two parties resolve their conflicting
goals in the next few months will determine which of Mr. Obama’s proposals—most of which
target the middle class—will be enacted.
Mr. Obama outlined a range of proposals on Tuesday, but with Republicans now in control of
both houses of Congress, the president’s highest-profile proposals, such as middle class tax cuts
paid for by expanded taxes on businesses and high-income Americans, face long odds. Rather,
the speech’s greatest impact will likely be to begin framing the Democrats’ agenda for the 2016
election.
Mr. Obama is seeking to capitalize on recent momentum from the improving economy, low
gasoline prices and executive actions on immigration and Cuba that were popular with his
Democratic base. His proposals aim to refocus the country on economic issues with a core
appeal to the middle class by providing tangible, if small, benefits—from additional tax credits
for two-income households to expanding paid medical leave.
Republican lawmakers have already sounded warnings on some of Mr. Obama’s proposals. In
the Republican response to the president’s speech, freshman Senator Joni Ernst of Iowa sought
to elevate her party from its opposition status. The unspoken aim of her speech was to position
her party as ready to govern now that Republicans have full control of Congress and an eye on
the 2016 presidential race.
| P a g e 2
The Brunswick Group’s analysis of key issues in the State of the Union:
Top Issues
Taxes
Mr. Obama’s tax proposals represent one of the areas of deepest partisan division and lowest likelihood
of adoption. The president made a strong push for a “fairer” tax code, introducing measures to close
corporate tax loopholes and offer relief for middle-class Americans. His proposals, which he called
“middle-class economics”, introduce several methods to increase the share financial firms pay, including a
tax to deter banks from taking on excessive leverage (known as the “bank tax”) and closure of loopholes
to prevent corporate inversions. Though only alluded to during the president's speech, the call from
Democrats to stop corporate inversions will continue, and the Treasury Department has signaled that it
will likely pursue additional regulatory steps to curtail the practice.
In the immediate aftermath of the mid-term elections, many expressed hope that the Republican
majority and the Obama Administration would seek compromise on comprehensive corporate tax
reform, but that now appears a distant possibility. To counter this difficulty, Mr. Obama
attempted to emphasize a bipartisan purpose for tax reform: investment in 21st century
infrastructure that allows American businesses and citizens to thrive. This shared purpose may be
the only glimmer of hope for bipartisan collaboration.
Financial Regulation
Not surprisingly, progress on financial reform and the importance of “sensible regulations”, such as the
Dodd-Frank Act of 2010, was a central point in Mr. Obama’s speech. This year will likely see Republicans
use their majority to propose a scale-back of Dodd-Frank. The House has already passed a bill which
delayed the implementation of aspects of the Volcker Rule until 2019 (from 2017). Mr. Obama again
confirmed his willingness to veto any bill to delay the implementation. In the event of another high-
profile scandal similar to the LIBOR and foreign-exchange issues banks have already faced,
populist sentiment from both sides of the aisle could very well increase, resulting in openness to
tougher banking legislation.
Budget
Many of the policy proposals detailed on Tuesday by the president will be formally submitted to Congress
as part of the President’s budget, scheduled for February 2. In previous years, submission of the budget
has been delayed by fiscal cliffs and partisan gridlock. This year’s budget benefited from the passage of
the Bipartisan Budget Act of 2013, but the respite from budget wars will likely be short-lived. Barring
congressional action, sequestration returns in 2016 with enormous implications for the discretionary
spending upon which Mr. Obama’s policy proposals aimed at strengthening the middle class rely. The
| P a g e 3
prospects for Republican support of the president’s budget remain grim. Instead, watch for Congress to
pass its own budget resolution, setting the stage for an appropriations battle, with the president’s
veto as his only leverage.
Energy
Mr. Obama's speech signals a busy year ahead for fossil fuel industries and their lobbyists. He pledged to
continue his administration’s efforts to fight climate change by finalizing new regulations limiting
emissions of carbon from power plants and methane from natural gas wells. And he took a veiled swipe at
the proposed Keystone oil pipeline, a project championed by Republicans and Canada’s government. Mr.
Obama urged lawmakers to “set our sights higher than a single oil pipeline” and pass legislation to
fund “modern ports, stronger bridges, faster trains and the fastest Internet”. Mr. Obama was silent
on another industry priority—lifting the 40-year-old ban on exports of domestic crude oil.
Cybersecurity
Amid escalating cyber threats against American companies and consumers, the president doubled down
on his call for the cybersecurity reforms that he announced last week. The president was also careful to
emphasize the importance of balancing civil liberties and privacy against security considerations. Chief
among the president’s proposed reforms is greater data sharing between businesses and the federal
government about cyber threats and vulnerabilities. Targeted liability protection for participating
companies would shield them from lawsuits and regulatory repercussions over any data shared with the
government. Despite criticism from privacy advocates over greater government access to data, the
likelihood a data sharing bill will pass Congress this year is high, as both parties are fearful of the
“next” Sony hack. And rank-and-file Republicans, who believe the federal government should not
regulate cybersecurity in the private sector, are unlikely to object, viewing the proposed data sharing
arrangements between business and government as sufficiently limited in scope.
Technology Policy
Mr. Obama reiterated his support for a free and open Internet. Late last year, the president called for the
Federal Communications Commission to adopt new regulations on Internet Service Providers (“ISPs”)
that would effectively reclassify the Internet as a public utility. While FCC Chairman Wheeler has signaled
support for this approach, congressional Republicans and ISPs fiercely oppose reclassification.
Republican legislators recently unveiled a draft net neutrality bill, which would reinstate and bolster the
FCC’s old net neutrality rules while preventing the agency from creating stronger regulations. The
bottom line is that net neutrality is far from settled and, notwithstanding congressional action,
any rule issued by the FCC will almost certainly be challenged in court.
On the issue of expanding Internet access, the president announced that his administration will help
communities build and access faster broadband networks. In recent days, the White House rolled out a
series of broadband proposals, including support for local choice and greater competition through
municipal broadband. Mr. Obama’s support for municipal broadband comes at a sensitive time politically:
| P a g e 4
In addition to the net neutrality rules, the FCC is also poised to preempt state laws so that municipal
broadband can be offered as an alternative to for-profit ISPs. With Republicans fiercely opposed to
Title II net neutrality and to the FCC preempting existing state restrictions on municipal
broadband, the president’s support for both is sure to escalate the political stakes for ISPs,
especially if consumers increasingly view net neutrality and municipal broadband as related
issues. Left unanswered in the debate is whether a viable business model even exists to successfully scale
municipal broadband across the country.
Health Care
Though a signature accomplishment of his first term, health care was only briefly mentioned Tuesday.
Not surprisingly, the president did continue to tout the millions of Americans that now have coverage as a
result of the Affordable Care Act as well as the slowing of healthcare cost inflation. Left unaddressed
was previously proposed federal legislation to repeal the medical device tax, which recently
resurfaced with bipartisan congressional support. Republicans have signaled that repealing the 2.3%
excise tax, a source of funding for the Patient Protection and Affordable Care Act, is a top priority now
that they control the Hill. Additionally, the president reinforced his recent push for mandatory paid sick
(seven days) and maternity leave for every worker in America. Though this initiative would bring the
United States closer to international norms regarding employment benefits seen in other developed
nations, it has met with resistance over whether the federal government is the appropriate starting point
for such an effort.
Education
Education was front and center in the speech, signaling a strong policy focus during the final two years of
Mr. Obama’s presidency. The president called for improved access to education, from preschool
through higher education, with a strong emphasis on reducing the financial burden for students
and families. His plan includes new tax credits, federal-state partnerships and two years of free
community college. He specifically urged the private sector to engage in strategic partnerships to support
educational opportunities. Mr. Obama also reiterated his focus on the importance of protecting student
data. Notably, he left thornier issues off Tuesday’s stage, including the “No Child Left Behind Act”,
the Common Core standards and high stakes testing. Expect the education debate to continue to grow,
especially as former Florida Governor Jeb Bush, a leading voice in education, signals a run for the
presidency.
Trade
With Republicans in control of both the House and Senate and movement on trade promotion authority
likely, Mr. Obama may soon have greater leverage to negotiate trade deals and to push the Trans-Pacific
Partnership (TPP) across the finish line, with an agreement on the table likely by Labor Day. This year is a
pivotal one for trade, extending beyond the TPP and the Transatlantic Trade and Investment Partnership
(T-TIP). The U.S. Export-Import Bank faces a tough fight for survival with friends and foes on both sides
| P a g e 5
of the aisle and particular opposition from Senate Majority Leader Mitch McConnell. Also up for
negotiation is a new Transatlantic Trade and Investment Partnership between the United States and the
European Union, likely to take center stage later in 2015. Following the Administration's 2011 announced
“pivot” to Asia, expect Tuesday’s minor highlight on trade to translate into a major policy issue for the
final two years of Mr. Obama’s presidency.
Conclusion
As he enters his final two years in office, Mr. Obama’s ability to execute on new initiatives is severely
constrained by time and politics. The president understands he has a narrow window of time to deliver
on his proposals before Washington’s focus turns toward the 2016 presidential and congressional
elections. If the White House and Republicans want to find common ground, a few of Mr. Obama’s
proposals on cybersecurity and trade offer some opportunities for bipartisan compromise. But many of
the president’s proposals will serve as a foundation for the Democrats’ campaign proposals in 2016.

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Top Issues, Key Insights: The 2015 State of the Union Address

  • 1. 1 | P a g e Top Issues, Key Insights: The 2015 State of the Union Address Brunswick Group 2015 President Barack Obama’s State of the Union Address kicked off a year in which both Democrats and Republicans face competing pressures to work together on governing the country while also laying the groundwork for the 2016 election. How the two parties resolve their conflicting goals in the next few months will determine which of Mr. Obama’s proposals—most of which target the middle class—will be enacted. Mr. Obama outlined a range of proposals on Tuesday, but with Republicans now in control of both houses of Congress, the president’s highest-profile proposals, such as middle class tax cuts paid for by expanded taxes on businesses and high-income Americans, face long odds. Rather, the speech’s greatest impact will likely be to begin framing the Democrats’ agenda for the 2016 election. Mr. Obama is seeking to capitalize on recent momentum from the improving economy, low gasoline prices and executive actions on immigration and Cuba that were popular with his Democratic base. His proposals aim to refocus the country on economic issues with a core appeal to the middle class by providing tangible, if small, benefits—from additional tax credits for two-income households to expanding paid medical leave. Republican lawmakers have already sounded warnings on some of Mr. Obama’s proposals. In the Republican response to the president’s speech, freshman Senator Joni Ernst of Iowa sought to elevate her party from its opposition status. The unspoken aim of her speech was to position her party as ready to govern now that Republicans have full control of Congress and an eye on the 2016 presidential race.
  • 2. | P a g e 2 The Brunswick Group’s analysis of key issues in the State of the Union: Top Issues Taxes Mr. Obama’s tax proposals represent one of the areas of deepest partisan division and lowest likelihood of adoption. The president made a strong push for a “fairer” tax code, introducing measures to close corporate tax loopholes and offer relief for middle-class Americans. His proposals, which he called “middle-class economics”, introduce several methods to increase the share financial firms pay, including a tax to deter banks from taking on excessive leverage (known as the “bank tax”) and closure of loopholes to prevent corporate inversions. Though only alluded to during the president's speech, the call from Democrats to stop corporate inversions will continue, and the Treasury Department has signaled that it will likely pursue additional regulatory steps to curtail the practice. In the immediate aftermath of the mid-term elections, many expressed hope that the Republican majority and the Obama Administration would seek compromise on comprehensive corporate tax reform, but that now appears a distant possibility. To counter this difficulty, Mr. Obama attempted to emphasize a bipartisan purpose for tax reform: investment in 21st century infrastructure that allows American businesses and citizens to thrive. This shared purpose may be the only glimmer of hope for bipartisan collaboration. Financial Regulation Not surprisingly, progress on financial reform and the importance of “sensible regulations”, such as the Dodd-Frank Act of 2010, was a central point in Mr. Obama’s speech. This year will likely see Republicans use their majority to propose a scale-back of Dodd-Frank. The House has already passed a bill which delayed the implementation of aspects of the Volcker Rule until 2019 (from 2017). Mr. Obama again confirmed his willingness to veto any bill to delay the implementation. In the event of another high- profile scandal similar to the LIBOR and foreign-exchange issues banks have already faced, populist sentiment from both sides of the aisle could very well increase, resulting in openness to tougher banking legislation. Budget Many of the policy proposals detailed on Tuesday by the president will be formally submitted to Congress as part of the President’s budget, scheduled for February 2. In previous years, submission of the budget has been delayed by fiscal cliffs and partisan gridlock. This year’s budget benefited from the passage of the Bipartisan Budget Act of 2013, but the respite from budget wars will likely be short-lived. Barring congressional action, sequestration returns in 2016 with enormous implications for the discretionary spending upon which Mr. Obama’s policy proposals aimed at strengthening the middle class rely. The
  • 3. | P a g e 3 prospects for Republican support of the president’s budget remain grim. Instead, watch for Congress to pass its own budget resolution, setting the stage for an appropriations battle, with the president’s veto as his only leverage. Energy Mr. Obama's speech signals a busy year ahead for fossil fuel industries and their lobbyists. He pledged to continue his administration’s efforts to fight climate change by finalizing new regulations limiting emissions of carbon from power plants and methane from natural gas wells. And he took a veiled swipe at the proposed Keystone oil pipeline, a project championed by Republicans and Canada’s government. Mr. Obama urged lawmakers to “set our sights higher than a single oil pipeline” and pass legislation to fund “modern ports, stronger bridges, faster trains and the fastest Internet”. Mr. Obama was silent on another industry priority—lifting the 40-year-old ban on exports of domestic crude oil. Cybersecurity Amid escalating cyber threats against American companies and consumers, the president doubled down on his call for the cybersecurity reforms that he announced last week. The president was also careful to emphasize the importance of balancing civil liberties and privacy against security considerations. Chief among the president’s proposed reforms is greater data sharing between businesses and the federal government about cyber threats and vulnerabilities. Targeted liability protection for participating companies would shield them from lawsuits and regulatory repercussions over any data shared with the government. Despite criticism from privacy advocates over greater government access to data, the likelihood a data sharing bill will pass Congress this year is high, as both parties are fearful of the “next” Sony hack. And rank-and-file Republicans, who believe the federal government should not regulate cybersecurity in the private sector, are unlikely to object, viewing the proposed data sharing arrangements between business and government as sufficiently limited in scope. Technology Policy Mr. Obama reiterated his support for a free and open Internet. Late last year, the president called for the Federal Communications Commission to adopt new regulations on Internet Service Providers (“ISPs”) that would effectively reclassify the Internet as a public utility. While FCC Chairman Wheeler has signaled support for this approach, congressional Republicans and ISPs fiercely oppose reclassification. Republican legislators recently unveiled a draft net neutrality bill, which would reinstate and bolster the FCC’s old net neutrality rules while preventing the agency from creating stronger regulations. The bottom line is that net neutrality is far from settled and, notwithstanding congressional action, any rule issued by the FCC will almost certainly be challenged in court. On the issue of expanding Internet access, the president announced that his administration will help communities build and access faster broadband networks. In recent days, the White House rolled out a series of broadband proposals, including support for local choice and greater competition through municipal broadband. Mr. Obama’s support for municipal broadband comes at a sensitive time politically:
  • 4. | P a g e 4 In addition to the net neutrality rules, the FCC is also poised to preempt state laws so that municipal broadband can be offered as an alternative to for-profit ISPs. With Republicans fiercely opposed to Title II net neutrality and to the FCC preempting existing state restrictions on municipal broadband, the president’s support for both is sure to escalate the political stakes for ISPs, especially if consumers increasingly view net neutrality and municipal broadband as related issues. Left unanswered in the debate is whether a viable business model even exists to successfully scale municipal broadband across the country. Health Care Though a signature accomplishment of his first term, health care was only briefly mentioned Tuesday. Not surprisingly, the president did continue to tout the millions of Americans that now have coverage as a result of the Affordable Care Act as well as the slowing of healthcare cost inflation. Left unaddressed was previously proposed federal legislation to repeal the medical device tax, which recently resurfaced with bipartisan congressional support. Republicans have signaled that repealing the 2.3% excise tax, a source of funding for the Patient Protection and Affordable Care Act, is a top priority now that they control the Hill. Additionally, the president reinforced his recent push for mandatory paid sick (seven days) and maternity leave for every worker in America. Though this initiative would bring the United States closer to international norms regarding employment benefits seen in other developed nations, it has met with resistance over whether the federal government is the appropriate starting point for such an effort. Education Education was front and center in the speech, signaling a strong policy focus during the final two years of Mr. Obama’s presidency. The president called for improved access to education, from preschool through higher education, with a strong emphasis on reducing the financial burden for students and families. His plan includes new tax credits, federal-state partnerships and two years of free community college. He specifically urged the private sector to engage in strategic partnerships to support educational opportunities. Mr. Obama also reiterated his focus on the importance of protecting student data. Notably, he left thornier issues off Tuesday’s stage, including the “No Child Left Behind Act”, the Common Core standards and high stakes testing. Expect the education debate to continue to grow, especially as former Florida Governor Jeb Bush, a leading voice in education, signals a run for the presidency. Trade With Republicans in control of both the House and Senate and movement on trade promotion authority likely, Mr. Obama may soon have greater leverage to negotiate trade deals and to push the Trans-Pacific Partnership (TPP) across the finish line, with an agreement on the table likely by Labor Day. This year is a pivotal one for trade, extending beyond the TPP and the Transatlantic Trade and Investment Partnership (T-TIP). The U.S. Export-Import Bank faces a tough fight for survival with friends and foes on both sides
  • 5. | P a g e 5 of the aisle and particular opposition from Senate Majority Leader Mitch McConnell. Also up for negotiation is a new Transatlantic Trade and Investment Partnership between the United States and the European Union, likely to take center stage later in 2015. Following the Administration's 2011 announced “pivot” to Asia, expect Tuesday’s minor highlight on trade to translate into a major policy issue for the final two years of Mr. Obama’s presidency. Conclusion As he enters his final two years in office, Mr. Obama’s ability to execute on new initiatives is severely constrained by time and politics. The president understands he has a narrow window of time to deliver on his proposals before Washington’s focus turns toward the 2016 presidential and congressional elections. If the White House and Republicans want to find common ground, a few of Mr. Obama’s proposals on cybersecurity and trade offer some opportunities for bipartisan compromise. But many of the president’s proposals will serve as a foundation for the Democrats’ campaign proposals in 2016.