By Avelino Maestas [3], Assistant Managing Editor, Congresspedia

Congress is back up to half-strength this week, following the winter recess. Majority Leader Harry Reid [4] (D-Nev.) kept the Senate in a special “pro forma” session [5] in a bid to prevent President Bush from making any recess appointments. That didn’t stop Bush from attempting a pocket veto on the Defense Appropriations Act [6], which funds the Defense Department and provides money for soldier and sailor enlistment bonuses.

Bush contends that, since he used a pocket veto, Congress cannot use a traditional 2/3 majority vote to override the veto. Democratic leaders appeared to be backing down from a full-on Constitutional showdown, with House Majority Leader Steny Hoyer [7] (D-Md.) signaling that the House would attempt to dispose “of the president’s veto.”

Accordingly, the Armed Services Committee [8] will reexamine the spending bill and strip the language Bush says triggered his veto: a measure that would have left the Iraqi government open to U.S. lawsuits.

As news of the economy worsened over the break, talk of the need for a stimulus package heated up. The non-partisan Congressional Budget Office recently announced that a package of “tax rebates, extended unemployment benefits and a temporary increase in food stamps” would be the most cost-effective way of providing stimulus but some Republicans in the House, like Roy Blunt [9] (R-Mo.), have argued that additional tax cuts would spur business investment. While the presidential candidates were quick to offer proposals on the campaign trail, President Bush and the Democrat-controlled Congress will have to develop their own ideas and develop a proposal they can both live with.

Turning to civil liberties, after then-presidential hopeful Chris Dodd [10] (D-Conn.) blocked adoption of a surveillance overhaul in the Senate last month, speculation held that the chamber would take up the measure again when it resumes next week. Dodd objected to the inclusion of legal immunity for telecom companies that helped the federal government eavesdrop on Americans’ phone calls, a measure which was not included in the House version of the FISA overhaul bill [11]. Bush has said the companies were helping to protect national security, and has threatened to veto the bill if immunity is left out. An extension of a previous revision expires in February, so time is running out.

A slew of other holdovers from last year remain to be resolved by Congress:

• The farm bill [12] was passed by both the House and Senate, and a conference must now take place to work out differences.
• Relief for homeowners hit hard by the mortgage-lending crisis [13] was not completed before the break.
• Trade agreements with Colombia, Panama and South Korea, negotiated by Bush, still await Congressional approval. An agreement with Peru [14] was adopted by Congress in 2007.
• After accidents thrust the issue into the spotlight, lawmakers began discussions on mine safety legislation. A bill should pass House this week, though President Bush has threatened a veto.
• An overhaul of the No Child Left Behind legislation [15] was also delayed due to time constraints.

Of course, the war in Iraq continues, and partisan feuding will likely accompany any legislation aimed at ending the conflict or funding a longer presence [16]. Congress might attempt to reign in abuses by extending criminal jurisdiction to contractors working in Iraq. Funding for the mission will expire in March, so prepare for another possible showdown over withdrawal timelines.

Finally, with an election year in full swing, you might take note of the number of members jumping the Congressional ship. By our count, 23 members of the 110th Congress [17] have left or have announced they will leave. That’s left plenty of vacancies, and we’re keeping track of them (and all the other Congressional races) with our 2008 Wiki-the-Vote project [18].