August 2018 Washington Letter

Robert M. Carlson assumes ABA presidency

Montana lawyer Robert M. Carlson, assuming the ABA presidency this month at the ABA Annual Meeting in Chicago, vowed to do everything in his power every single day “to advance our association and fight for America’s lawyers and the public we serve.”

Labor & Employment

DOL final rule rescinds previous “Persuader Rule” changes

In a victory for the ABA, the Department of Labor published a final rule on July 18 rescinding previous changes to the “Persuader Rule” adopted in 2016 that would have required management-side labor lawyers to report confidential client information to the government.

Elder

ABA recommends ways to reform guardianship

The ABA conveyed recommendations July 20 to the Senate Special Committee on Aging on ways to improve guardianship policy and practice and to address guardianship abuse and exploitation.

Children's Rights

ABA urges that FFPSA Clearinghouse highlight legal-assistance role

The ABA and its Center on Children and the Law recommended July 20 that the Department of Health and Human Services (HHS) include programs that incorporate legal assistance to help prevent children from entering foster care as part of its Family First Prevention Services Act (FFPSA) Clearinghouse.

Public Health

ABA opposes proposed Title X family planning restrictions

The ABA is urging the Department of Health and Human Services (HHS) to eliminate proposed restrictions on abortion counseling and referral services that are included in regulations proposed July 1 regarding family planning clinics under Title X of the Public Health Service Act.

Children's Rights

Homeless Children

The House Financial Services Committee voted 39-18 on July 24 to approve legislation that would, among other things, harmonize eligibility for federal homelessness programs to ensure that children and youth experiencing homelessness are able to access federally supported stable housing.

Family

Parental Representation

The ABA expressed support Aug. 16 for the objectives of the New York State Commission on Parental Legal Representation, which is holding a series of hearings this fall.

Criminal

Sentencing Guidelines

The ABA urged the U.S. Sentencing Commission Aug. 7 to include, in its 2019 priorities, proposals to address the impact of mandatory minimum sentences and to study whether current guidelines effectively encourage the use of compassionate release when “extraordinary and compelling reasons” exist.