Update from Washington, D.C. 11/10/2010
In the aftermath of the Republicans’ resounding victory in last
week’s mid-term elections, members of Congress will return next
week to a Capitol Hill that will have a much different look. To
be sure, Democrats are scrambling to wrap up unfinished
legislative priorities before the new GOP House majority takes
over in January.
Washington will be abuzz with activity the week of November 15 as
members of the House and Senate are expected to caucus to select
their leadership teams for the upcoming 112th Congress. In
addition, new members will be in town to receive their
orientation and President Obama has invited top congressional
leaders to the White House on November 18 to discuss plans for
the lame-duck session.
Lawmakers will return home for the week of Thanksgiving and
reconvene in Washington on November 29, with an adjournment
target date yet to be set.
In addition to dealing with the aforementioned organizational
matters, Democratic leaders in Congress are aiming to tackle a
number of hot-button issues. However, time is running short as
the 111th Congress is rapidly coming to a close.
Nevertheless, topping the agenda during the post-election session
is the fiscal year 2011 appropriations bills and an extension of
the 2001 and 2003 tax cuts. Additionally, Congress is expected to
wrestle with a number of other program extensions before they
expire at the end of the year.
LAME-DUCK SESSION
Headlining the list of unfinished legislative items during the
lame-duck session will be the expected omnibus appropriations
bill. Prior to adjourning for the mid-term elections, none of the
12 spending measures for fiscal year 2011 had been finalized. The
funding bills are likely to be rolled into a massive omnibus
spending measure, or left for the new 112th Congress to complete
in January or February. Republicans may attempt to take advantage
of their recent electoral gains by pushing for spending cuts in
the omnibus bill. Democrats, on the other hand, may try to push
their spending initiatives through before they are in the
minority.
It should be noted that various interest groups will be
attempting to use the omnibus spending legislation as a vehicle
to advance their respective policy agendas. For their part, a
number of tribal governments are seeking to overturn the Supreme
Court’s Carcieri v. Salazar decision. InCarcieri, the
Court held that Secretary of Interior lacks authority to take
land into trust for Indian tribes that were not under federal
jurisdiction at the time of the passage of the Indian
Reorganization Act (IRA) of 1934.
Since the Carcieri decision in February of 2009, CSAC
has called upon Congress to thoughtfully re-examine the
fee-to-trust process and to provide for necessary reforms. Among
other things, CSAC and other states and local governments are
advocating for clearly defined standards for trust land
acquisitions, as well as sufficient notification requirements.
CSAC also has been promoting that intergovernmental agreements
should be mandated between tribes and local governments to
require mitigation for adverse impacts of development projects,
including environmental and economic impacts from the transfer of
the land into trust.
Another issue on the front burner for Congress to grapple with is
whether to extend the expiring George W. Bush-era tax cuts. The
2001 and 2003 tax cuts are scheduled to expire on December 31.
The White House has made it clear to Congress that it wants to
make the tax cuts permanent for individuals who earn less than
$200,000, or $250,000 for married couples. Although the proposal
would extend tax cuts for most Americans, the administration has
faced opposition from Republicans and some moderate Democrats,
who insist that the tax cuts for all income earners be
extended.
Another potential item on the agenda is an extension of
unemployment benefits. Senator Debbie Stabenow (D-MI) and other
Democrats will be pressing leadership to take up the Americans
Want to Work Act (S 3706). The Stabenow bill would provide an
extension of unemployment benefits, which are set to expire on
November 30, as well as extend a tax break for businesses that
hire unemployed workers.
At press time, it is unclear if an unemployment benefits bill
will successfully make its way to President Obama for his
signature before the end of the current Congress. Senator
Stabenow can be expected to face strong opposition to the measure
from fiscal conservatives, who will argue that offsets need to be
identified to cover the bill’s cost.
Congress also will be pressed during the lame-duck session to
pass yet another extension of the nation’s surface transportation
law, SAFETEA-LU, which is slated to expire on December 31.
Although the length of a new extension has yet to be determined,
a renewal of current highway and transit programs will set the
stage for the 112th Congress to begin its work on a multi-year
transportation reauthorization bill early next year.
With Republicans capturing control of the House, Representative
John Mica (R-FL) is in line to chair the Transportation and
Infrastructure Committee. Immediately following the elections,
Mica indicated that passage of a long-term highway and transit
measure is among his top legislative priorities. According to
Mica, raising taxes to pay for new infrastructure spending is
“off the table” and, therefore, intends to use public-private
partnerships, tap unspent federal dollars, and accelerate aid to
states to fund a new surface transportation bill.
MID-TERM ELECTIONS
Washington is beginning to come to grips with the huge Republican
sweep of the House and substantial gains in the Senate, although
Democrats maintained control of the upper chamber as only two
incumbent Democrats lost their bids for re-election – Senator
Russ Feingold (D-WI) and Senator Blanche Lincoln
(D-AR).
The results for approximately nine House seats still have not
been finalized. Republicans are likely to have a majority of at
least 51 seats. (In the current Congress, Democrats have a
39-seat majority.) This net GOP gain of at least 67 is the
biggest power shift in the House in 70 years.
Overall, the remaining House Democrats in 2011 will likely be
more liberal than the current Democratic caucus. Nearly half of
the fiscally conservative Blue Dog Coalition was defeated in the
mid-term elections. At this point, 23 of the 46 Blue Dogs who ran
for re-election lost.
As noted above, Democrats will continue to control the upper
chamber, albeit with a slimmer majority. Currently, the Senate is
comprised of 57 Democrats, 41 Republicans, and two Independents,
who caucus with the Democratic majority. In the new 112th
Congress, the Democrats will have 51 senators, the GOP 47
members, and two Independent senators who are expected to again
caucus with the Democrats, giving the party a 53 to 47 edge in
the Senate.
The California Congressional Delegation will have several new
faces next year as at least two House newcomers will take the
oath of office in January. Los Angeles Democrat Karen Bass, a
former Speaker of the California Assembly, defeated Republican
James Andion to succeed Rep. Diane Watson (D-CA), who represents
the state’s 33rd Congressional District.
Republican Jeff Denham of Atwater, an agricultural packaging
company owner and almond farmer, bested Democrat Loraine Goodwin
in last week’s election. Denham will succeed Rep. George
Radanovich (R-CA), who represents California’s 19th Congressional
District and is retiring from the House.
At press time, two House races in California were still too close
to call. Rep. Jerry McNerney (D-CA), who represents California’s
11th Congressional District, is locked in a tight battle with
Republican David Harmer of San Ramon. Another undecided contest
is in the state’s 20th Congressional District as Rep. Jim Costa
(D-CA) is trying to hold off GOP challenger Andy Vidak of
Hanford.
CONGRESSIONAL LEADERSHIP
The current minority leader of the House, John Boehner (R-OH), is
expected to be chosen by his Republican colleagues as the new
Speaker of the House in the 112th Congress. Representative Eric
Cantor (R-VA), the current minority whip, is likely to be
selected as the new majority leader. A battle could be brewing
for the other key GOP House leadership post (majority whip), as
Rep. Kevin McCarthy (R-CA) may be challenged by Representative
Pete Sessions (R-TX).
The presumptive House Speaker, Representative Boehner, recently
expressed his main priorities for the new Congress that he is
expected to lead. Topping his agenda are federal spending cuts, a
reduction in the national deficit, job creation, and a repeal of
the president’s health care overhaul. No doubt many of the
details of his agenda will be resisted by the
Democratic-controlled Senate and the Obama
administration.
On the other side of the aisle, House Speaker Nancy Pelosi (D-CA)
recently announced that she will seek to remain the Democratic
leader in the lower chamber. Despite the historic drubbing taken
by House Democrats, only one Democrat has expressed an interest
in running against the California lawmaker. Representative Heath
Shuler (D-NC), a former football player with the Washington
Redskins, may oppose Pelosi’s bid for minority leader if no other
Democrat steps forward.
Current House Majority Leader Steny Hoyer (D-MD) is likely to run
for minority whip, but may be challenged by James Clyburn (D-SC),
who currently serves as the majority whip.
Across the Capitol, Senator Harry Reid (D-NV), fresh off his
hard-fought victory in the Silver State, is expected to remain
the majority leader in the upper chamber. Senator Richard Durbin
(D-IL) is once again likely to be tabbed as the majority whip.
For their part, Republicans will apparently stick with Mitch
McConnell (R-KY) as their minority leader and Jon Kyl (R-AZ) as
minority whip.
While the Senate remains in Democratic hands, the ability of
Majority Leader Reid (D-NV), to achieve 60 votes to overcome a
potential filibuster in 2011 will be next to impossible. No
longer enjoying a 59-41 split, Reid will need the support of at
least seven Republicans. It is estimated that there are not more
than five Republican moderates who would seriously consider
crossing the aisle.
POSSIBLE COMMITTEE CHAIRS AND ASSIGNMENTS
With regard to the new committee chairmen, as well as committee
assignments, both the House and Senate will not make an official
announcement until the 112th Congress convenes in January.
However, it is safe to state that many, if not most, of the
current ranking members of the various House committees will
assume the gavels when the GOP takes control of the lower
chamber. Additionally, most of the present chairmen of the Senate
committees will probably continue to lead their panels in the new
session, including Senator Barbara Boxer (D-CA), who chairs the
Environment and Public Works Committee.
A brief overview of some of the other California members of
Congress who may be in a position to lead their panels include
Representative Jerry Lewis(R-CA), the top Republican on the House
Appropriations Committee. Under GOP term-limit rules, however,
Lewis would need a waiver from party leaders to become chairman
because he led the panel when Republicans last controlled the
House earlier in the decade.
Other California Republicans who may ascend to chairmanships are
Representative David Dreier (Rules Committee), Representative
Howard “Buck” McKeon (Armed Services Committee), Representative
Dan Lungren (House Administration Committee), and Representative
Darrell Issa (Oversight and Government Reform Committee).
Additionally, at the subcommittee level, Representative Wally
Herger is in line to chair the Ways and Means Committee’s Health
Subcommittee. Representative Lungren, who is currently the chief
Republican on the Homeland Security’s Emerging Threats,
Cybersecurity, and Science and Technology Subcommittee, could
chair the panel next year.