ASBA Update From Washington

As an ASBA member, you now have free access to news and updates on important issues from our legislative team in Washington DC.

January 2008
by James C. Musser, ASBA Washington Representative

The House of Representatives has returned to work and the Senate is set to follow suit next week. As the session gets underway for this second year of the 110th Congress, let's gaze deeply into the crystal ball to see what is likely to lie ahead legislatively. Like the old western it may be called the good, the bad and the ugly. Congress soon may address the looming economic slow-down, Iraq War funding and there will be plenty of partisan noise in this election year but do not expect much effort on health care or Social Security reform.

Congress and the president seem to agree that the current state of the economy is rocky and action needs to be taken to stave off or at least shorten any slow-down or recession. Speaker of the House Nancy Pelosi (D-CA) and tax-writing Ways and Means Committee Chairman Charlie Rangel (D-NY) have already issued invitations to Treasury Secretary Henry Paulson to discuss common ground for a stimulus package to pump up the economy. The Chairman of the Federal Reserve Ben Bernanke testified before the House Budget Committee agreeing that a stimulus package is in order, if enacted quickly, and House Majority Leader Steny Hoyer (D-MD) has indicated that he anticipates quick passage of a package of tax rebates, small business tax cuts and federal grants to state and local governments.

Initial discussion has centered on a tax rebate in the range of $250-$800 per household. This rebate is expected to apply to all taxpayers including Social Security beneficiaries who pay taxes. The administration seems to be favorably disposed towards this type of plan but the details remain to be ironed out between congressional leaders and the Bush Administration. Other possible items for the package include an extension of unemployment benefits and an extension of food stamp benefits.

Funding for the wars in Iraq and Afghanistan is also likely to play a prominent role in the new congressional session as it did last year. The success of the surge in Iraq has taken much of the steam out of the anti-war movement. However, doves in Congress will continue to play to their anti-war base and attempt to limit funds for the war. Their efforts are not likely to be any more successful this year than they were last year when Congress voted no less than 63 times to end the war. The military success and more recent political developments in Iraq have greatly undercut the anti-war position.

The No Child Left Behind law, President Bush's signature education legislation, is due for reauthorization this year and may be another partisan flashpoint. There are likely to be battles over additional funding for the program which represented an unprecedented federal intervention in education at the kindergarten through 12th grade level.

The program, which requires nearly 50 million children to be tested each year in reading and math, is designed to improve accountability and narrow the achievement gap between minority and white students. Many Democrats feel the penalties are too stiff for schools that fail to meet the achievement requirements. The volume is likely to be loud when this legislation is up for consideration.

With the parties jockeying for political advantage, election years are always tough for substantive legislation. This year does not promise to be any different and may be worse than usual.

Check back each month for the latest from our national capital. ASBA closely monitors all of the issues that matter to you and your family.

James C. Musser, Esq. is a legislative consultant based in Falls Church, Virginia. His reports are updated monthly.