Third Quarterly Report
 
November 10, 2006
 

CAPITOL HILL

The Third Quarter of the 109th Congress was relatively brief, with Congress returning from the August recess on September 5 and working until September 29, when they adjourned to provide members with additional time to campaign for the November election. All members of the House and approximately one third of the Senators were up for re-election on November 7.

Congress passed a number of bills during the Third Quarter, most of which were focused on improving national security, including: the Department of Defense and the Department of Homeland Security appropriations bills for fiscal year (“FY”) 2007; the Secure Fence Act (H.R. 6061); and the Security and Accountability for Every Port Act (“SAFE Port Act”) (H.R. 4954). The Secure Fence Act authorized the construction of a 700-mile fence on the U.S. border with Mexico. Meanwhile, the SAFE Port Act included unrelated language prohibiting internet gambling, which tracked portions of H.R. 4411, the Internet Gambling Prohibition and Enforcement Act. All of the bills were signed by the President and have become Public Law.

Congress is expected to return for a lame duck session on November 13, the Monday following elections, for one week before departing again for Thanksgiving recess beginning Friday, November 17. During the one week session, Congress will need to address the remaining appropriations bills and may address several tax bills focused on health insurance savings and telephone taxes, among other pieces of legislation. Legislation considered during this session will be extremely vulnerable to riders, which are unrelated and sometimes controversial legislation attached to a bill that is moving. These riders can be favorable or detrimental to Indian Country, and bills should be carefully reviewed whenever possible. While neither the House nor the Senate have confirmed whether they will reconvene for an additional lame duck session following Thanksgiving recess, there is a strong possibility that they will reconvene.

EYE ON CONGRESS

Appropriations. Two FY 2007 appropriations bills were signed into law during the Third Quarter, including the Department of Defense and the Department of Homeland Security Appropriations Acts (signed by the President on September 29 and October 4, respectively). The Senate had previously indicated that it would only bring domestic security related appropriations bills to the floor before the November election. The Defense bill was funded at $447.6 billion, in direct response to the President’s threat to veto the measure if it did not meet the House passed funding level of $447.4 billion. The amount was a substantial increase from the budgeted level and will result in a $5 billion decrease in the remaining domestic spending bills in order stay within the total spending limits, jeopardizing all projects already secured in Committee reports or House passed bills. The Homeland Security bill was funded at $34.8 billion, $1.2 billion of which is directed to fund the construction of a 700-mile fence along the U.S. border with Mexico.

Ten FY 2007 appropriations bills have not been passed and are currently being funded by a continuing resolution (“CR”), since the FY 2006 appropriations bills expired on September 30. The CR, which was attached to the Defense appropriations bill, funds programs at the lowest level of either FY 2006 monies or the FY 2007 House or Senate passed levels. However, it only authorizes funding through November 17. If the Congress fails to finalize and pass appropriations for any federal department or agency by November 17, it will have to adopt another CR.

Meanwhile, the House resumed its discussion of earmark reform. On September 14, the House passed H.Res. 1000, a resolution providing for earmark reform in the House of Representatives. The resolution changes the House rules to require that Committee and conference reports include a list of earmarks in the bill or in the report and the names of members who requested the earmarks. Earmarks include tax earmarks as well as traditional member-directed funding requests. The Senate has yet to address earmarks with similar reform and it is not clear whether the 109th Congress will substantially reform the practice before concluding its second session.

Gaming Legislation. Despite efforts in both the House and Senate, neither S. 2078, the India