LAME DUCK WATCH LIST
Employment Non‐Discrimination Act (ENDA)
ENDA would make it illegal to fire, refuse to hire, or refuse to promote an employee based on his or
her actual or perceived sexual orientation or gender identity. The Education and Labor Committee
scheduled a markup on H.R. 3017 in November, 2009, but the markup was postponed.
Liberal groups have long been calling for passage of ENDA. The bill passed the House last Congress,
but was never considered by the Senate. Last week, ENDA was mentioned in a list of bills that could
be part of the lame duck session. However, the following day, sources indicated that such reports
are not true and pointed to Speaker Pelosi’s previous statement that she would not consider
moving ENDA unless the “Don’t Ask, Don’t Tell” policy is first repealed.
DOD Authorization Bill
On May 27, 2010, Rep. Patrick Murphy offered an amendment to repeal the “Don’t Ask, Don’t Tell”
policy to H.R. 5136, the National Defense Authorization Act for FY2011, and it passed by a vote of
234‐194, with 5 Republicans voting in favor of the amendment and 26 Democrats voting against it.
The following day, H.R. 5136 was approved by a vote of 229 to 186.
On September 21, 2010, the Senate voted on the Motion to Proceed on the National Defense
Authorization Act for 2011. However, the Senate version of the bill contained both the
controversial repeal of the “don’t ask don’t tell” policy as well as new provision, the Burris
Amendment, to allow abortion services on both domestic and overseas military bases. The bill
would have reversed current DOD policy on both military conduct and abortion, turning our
military medical facilities into abortion clinics and using critical military resources for the purpose
of expanding abortion. Despite previous claims of wanting to limit abortions, the Administration
issued a Statement of Administration Policy supporting the Burris amendment’s inclusion in the
DOD Authorization. Nonetheless, the bill failed to receive enough votes to invoke cloture (60 yea
votes needed to invoke cloture – final tally was 56‐43).
Reports indicate that the Majority plans to complete the DOD Authorization bill during the lame
duck session, but it remains unclear whether they will push to retain the controversial changes to
military conduct and abortion policy.
Internet Gambling Legislation
On July 28, 2010 the House Financial Services Committee approved H.R. 2267, the Internet
Gambling Regulation, Consumer Protection, and Enforcement Act. This bill, along with Rep. Jim
McDermott’s companion tax bill, would not only legalize internet gambling, but would create a
whole new regulatory structure that undermines states’ laws on gambling. These bills would
effectively transport addictive gambling into homes all across the country. State attorneys general
from Maryland, Florida, Colorado, Indiana, and Virginia all sent letters opposing the bill, and a letter
from the National Association of Attorneys General (NAAG) was sent in 2007, opposing a nearly
identical piece of legislation.
Some reports have indicated that Sen. Reid may look to attach internet gambling legislation to
another vehicle during the lame duck session.
Faith‐Based Initiatives
On May 28, 2010, Rep. Patrick Kennedy introduced H.R. 5466, the Substance Abuse and Mental
Health Services Administration (SAMHSA) Modernization Act. This bill would reauthorize SAMHSA,
but contains harmful language to undermine existing charitable choice provisions. Specifically, the
bill would undermine faith‐based organizations ability to take into consideration religion in their
hiring decisions in order to access federal grants or contracts under SAMHSA.
There has been no movement to consider H.R. 5466. However, the Constitution, Civil Rights, and
Civil Liberties Subcommittee has scheduled a hearing entitled "Faith‐Based Initiatives:
Recommendations of the President's Advisory Council on Faith‐Based and Community Partnerships
and Other Current Issues" for Thursday, November 18, at 10:30 a.m. in 2141 Rayburn.
Pro‐Life/Pro‐Family Appropriations Provisions
There are a number of critical pro‐life and pro‐family provisions that must be maintained in each
fiscal year’s appropriations bills. The only FY11 appropriations considered by the House this year
were the Military Construction, Veterans Affairs Appropriations bill and the Transportation, HUD
appropriations bill.
Reports remain unclear as to whether the Democrat leadership will try to pass an Omnibus
spending bill or a long‐term Continuing Resolution. Either way, it will be important to ensure that
the pro‐life and pro‐family policies are retained.
Embryonic Stem Cell Research
On August 23, 2010, District Court Judge Royce Lamberth issued a preliminary injunction halting
federal funding for embryo‐destructive research during consideration of the case of Sherley v.
Sebelius. The court found that the NIH Guidelines for Embryonic Stem Cell Research may violate
the Dickey‐Wicker Amendment, a funding restriction included annually in the Labor, HHS
Appropriations bills. However, on September 9, 2010, the U.S. District Court of Appeals granted an
administrative stay, temporarily lifting the preliminary injunction. Ten days later, Sen. Harkin held
a hearing on embryo‐destructive stem cell research.
Pro‐abortion groups continue to pressure leadership to overturn the Dickey‐Wicker Amendment.