Federal Legislative Update
May 2005

May 27, 2005
May 20, 2005
May 13, 2005

5/27/05

News from Capitol Hill...

Last-Minute Compromise Averts 'Nuclear' Vote

With the Senate just hours away from pulling the trigger on the "nuclear option," a moderate group of seven Republicans and seven Democrats struck a compromise Monday, May 23, to preserve the Senate's long-standing tradition of open debate and discourse in the judicial nomination process. The compromise was made possible in part by countless phone calls, letters and e-mails to Senators from voters, including NEA members, who believe that judges must be free not to adhere to the political agenda of a particular party.

The agreement, which brought to an end for the time being an attempt by Senate Majority Leader Bill Frist (R-TN) to take away the right to scrutinize judicial nominees carefully, upholds our Constitution's principle of checks and balances and the filibuster, or unlimited debate. The agreement urges President Bush to consult and cooperate with both parties before naming future court nominees.

Had the nuclear option been triggered, it would have given the majority party unlimited power to seat judges who place ideological beliefs before legal precedent. At stake most immediately is the balance of the U.S. Supreme Court, where a vacancy is expected as early as this summer. Tilting the highest court's balance increases the likelihood of private school vouchers being ruled constitutional.

Social Security Privatization Plan To Go to Senate Floor by August

The drive by President Bush and Republican leaders in Congress to privatize Social Security will go to the Senate floor before the August recess, despite opposition by a growing majority of Americans. The schedule for Senate action was announced by Senator Charles Grassley (R-IA), chairman of the Finance Committee, at a closed-door meeting of Senate Republicans May 25.

The announcement came hours after the latest Finance Committee hearing on Social Security reform. At the hearing, three of the five witnesses, including the director of the Congressional Budget Office, agreed that creating private stock market accounts by diverting money from the Social Security Trust Fund would worsen the social insurance program's future financial shortfall.

NEA supports Social Security reform that is fair and ensures at a minimum the same level of benefits provided by the existing system. Most NEA members, like the majority of middle-class Americans, rely on Social Security to anchor their retirement security. The President's privatization proposal jeopardizes the children who receive survivor benefits and persons with disabilities who rely on Social Security.

Action Needed

• Stop Social Security privatization. Send a petition to Congress and the White House. NEA members and friends have sent more than 74,000 petitions, stating "Don't gamble with my future!"
• Educate your friends, colleagues and families by forwarding them this message and asking them to sign a petition.
• Urge your Senators and Representatives  to cosponsor the Social Security Fairness Act (H.R. 147/S. 619), which would fully repeal both the Government Pension Offset and Windfall Elimination Provision.

5/20/05
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News from Capitol Hill...

School Bus Drivers Win a Victory in Senate Transportation Bill

School bus drivers may have much-needed breathing room from a testing requirement thanks to the transportation bill passed by Senate on May 17. The one-year delay for the requirement that school bus drivers get an "S" endorsement -- a compromise championed by NEA -- would give states additional time to schedule testing for drivers and bring them into compliance. The requirement was part of a bill passed several years ago that drew little attention from states and school districts.

As it currently stands, the requirement is scheduled to be implemented on October 1, 2005. The delay is the result of an amendment of Senator Max Baucus (D-MT), who took on the matter at the urging of Neal's Montana affiliate, MEA-MFT.

For the delay to take effect, the House of Representatives and President Bush must agree with the Senate action. The House and the Senate are expected to resolve their differences next month.

'Nuclear' Countdown Underway

Senate Majority Leader Bill First (R-TN) set into motion a historic debate Wednesday that could end as early as next Wednesday in the use of the so-called "nuclear option," a maneuver that could result in judges being appointed to carry out a certain political agenda.

The nuclear option, pursued by persons who believe federal judges should share the beliefs of the majority party, threatens to overturn the U.S. Constitution's founding principle of checks and balances. It would eliminate the Senate's 200-year-old tradition of unlimited debate, also known as the filibuster, and give control over the federal courts to one party.

NEA opposes the nuclear option and supports the continued independence of courts. The filibuster encourages among Senators moderation, consensus and negotiation. It discourages personal rhetoric and veiled threats against judges who hand down unpopular rulings.

Action Needed

• Urge your Senators to uphold the filibuster, which promotes an independent judiciary. Or call your Senators at 202-224-3121.
• Tell others about the importance of keeping our courts free from politics. E-mail this page to your friends, family and colleagues. Our system of nominating judges is not broken; 95 percent of the nominees submitted by President Bush have been approved.

President Bush Offers Details on Plan To Privatize Social Security

Future Social Security benefits for disabled workers are not guaranteed under President Bush's privatization plan, according to the Bush Administration. The statement, made last Thursday by White House spokesperson Trent Duffy, is the first time the Administration has admitted future benefits for workers with disabilities are open for negotiation.

Also last week, the White House's point man on Social Security, Allan Hubbard, said President Bush's proposal would mean smaller survivor benefits for children and widows. At the same time, the Administration's plan would cut retirement benefits by 25 percent to 37 percent for all middle-income and higher-income workers when they retire.

NEA supports Social Security reform that is fair and ensures at a minimum the same level of benefits provided by the existing system. The retirement security of American workers and their families is under increasing assault, as evidenced by last week's news that United Airlines can renege on its pension promise for current and former employees. Analysts expect other companies to follow suit.

Action Needed

• Protect Social Security from privatization. Send a petition to Congress and the White House. NEA members and friends have sent more than 62,000 petitions, stating "Don't gamble with my future!"
• Educate your friends, colleagues and families by E-mailing them this page and asking them to sign a petition.
• Urge your Senators and Representatives  to cosponsor the Social Security Fairness Act (H.R. 147/S. 619), which would fully repeal both the Government Pension Offset and Windfall Elimination Provision.

Key Lawmakers Balk at Expanding 'No Child' Testing

The chairman and ranking minority member of the House Education Committee effectively put an end to President Bush's proposal to expand "No Child Left Behind" testing to high schools.

At a hearing May 17, Chairman John Boehner (R-OH) said, "I have doubts about the idea of expanding it at this time." Ranking committee member George Miller (D-CA) added that to force states to meet new requirements without providing sufficient resources would mean "big-time trouble."

Testifying at the hearing was Governor Tom Vilsack of Iowa and Governor Mitt Romney of Massachusetts. Vilsack spoke out against high school testing, while Romney said he favored it.

5/13/05
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News from Capitol Hill...

Senate Prepares for 'Nuclear' Showdown

Independence of Federal Courts at Risk

The Senate could vote as early as next week on the so-called "nuclear option," which would seriously erode our government's system of checks and balances and undermine the independence of the federal courts from political pressure.

Senate Majority Leader Bill Frist of Tennessee said, barring a last-minute deal, he will move to eliminate the Senate's 200-year-old procedure that allows unlimited debate, or filibustering, on judicial nominations. Doing so would grant virtually unlimited power to the majority political party. It also would open the door to stacking federal courts with ideologues who, among other things, are more likely to support private school vouchers. The vote is too close to call.

NEA opposes the nuclear option because it would give a party unchecked power to impose its political agenda on the federal courts. Instead, the Senate should retain the right to unlimited debate, giving Senators from both parties the opportunity for bipartisan cooperation and consultation.

Action Needed

• Urge your Senators to oppose the nuclear option
• Tell others about the importance of keeping our courts free from politics. E-mail this page to your friends, family, and colleagues.

President Bush Admits Plan Would Cut Social Security Benefits

President Bush's proposal to privatize Security took center stage yesterday in the first of a series of hearings by the House Ways and Means Committee to write legislation that would allow the federal government to use Social Security funds to create private stock market accounts.

The hearing follows a primetime news conference last month by President Bush at which he revealed for the first time that his plan would cut Social Security benefits for most workers. Under the President's plan, workers who earn between $25,000 and $90,000 would lose 25 percent of their benefits. Workers who earn more than $90,000 would see a 37 percent cut.

NEA supports Social Security reform that is fair and ensures at a minimum the same level of benefits provided by the existing system. At a time when more employers are reducing or dropping pension plans, workers should not be forced to gamble on the stock market for their retirement security.

Action Needed

• Stop the privatization of Social Security. Sign a petition to Congress and the White House.  Already, NEA members and friends have sent more than 58,000 petitions. 
• Educate your friends, colleagues and families by E-mailing them this page and asking them to sign a petition telling Washington, "Don't gamble with my retirement security!"
• Urge your Senators and Representatives who haven't done so to cosponsor the Social Security Fairness Act (H.R. 147/S. 619), which would fully repeal both the Government Pension Offset and Windfall Elimination Provision.

Congress Parts Ways with Bush on Voc Ed

The House voted overwhelmingly last week to renew the Perkins Act, the nation's signature program for high school and college students looking to gain the technical skills needed for good-paying jobs or postsecondary education. The vote represents an emphatic rejection of President Bush's proposal to eliminate the program.

With the 416-9 vote on H.R. 366, sponsored by Representative Mike Castle (R-DE), the House approved $1.3 billion for the Perkins Act. The Senate passed its version (S.250) by a vote of 99-0 on March 10. Almost half of high school students and about one-third of college students make vocational programs a major part of their studies.