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What Happened, What You Missed: January 17-21

White House to Start Sending Out 400 Million N95 Masks Next Week

The Biden administration will begin distributing 400 million N95 masks from the National Strategic Stockpile to pharmacies and other locations starting next week.  The administration expects the program to be fully operational by early February and has plans for sending out high-quality masks to children in the future.  The announcement follows new guidance from the Centers for Disease Control and Prevention that says N95 masks offer far better protection from COVID-19 than cloth masks, but stopped short of officially recommending that people opt for N95 masks.

Democrats’ Push for Voting Rights Reform Falters in the Senate

Sens. Joe Manchin (D-WV) and Kirsten Sinema (D-AZ) joined all 50 Republican Senators in opposing a rules change to allow for voting rights legislation to pass with a simple majority, putting an end to Democrats’ efforts to bring about comprehensive voting rights reforms.  The late-night vote was unsurprising, as both Sinema and Machin have been forthright in their opposition to changing Senate rules, despite publicly backing some of the voting rights reforms included in the Democrats’ bill.  While President Joe Biden vowed to continue the fight for voting rights just hours before the Senate’s vote, it remains unclear if and how the Democrats will continue to pursue voting rights legislation.

Biden Speaks on BBB’s Uncertain Future

The Build Back Better (BBA) Act, Democrats’ sweeping social and climate spending package, isn’t completely dead, as President Biden conveyed during a two-hour press conference on Wednesday.  To keep Democrats’ policy agenda moving forward, Biden proposed breaking up the bill into smaller measures that could more easily pass.  Unfortunately for Democrats, this would involve sacrificing two of their key priorities – the expanded child tax credit and federally subsidized community college.  However, the path forward for BBB remains uncertain.  The day after Biden’s press conference, House Speaker Nancy Pelosi (D-CA) said she would prefer passing a “skinny” BBB through the budget reconciliation process as opposed to “chunks” as Biden proposed.  Additionally, some worry an attempt to revive BBB in some fashion will jeopardize Democrats’ attempts to pass an omnibus appropriations bill by February 18.

HHS to Provide $103 Million for Health Care Workforce

On January 18, the Department of Health and Human Services (HHS) announced the availability of $103 million in funding to address burnout and provide behavioral health services to the health care workforce.  The funding, which was provided through the American Rescue Plan, will come at a time when the nation’s health care workers face undue burden and stress as the Omicron variant pushes health care providers to the brink.  According to HHS Secretary Xavier Becerra, the funding will be focused on rural and underserved areas, whose health care systems have been hit especially hard by the pandemic.

ICYMI: Get Ready for Donald, Melania Trump Portraits at National Portrait Gallery

A spokesperson for the National Portrait Gallery in Washington, DC confirmed that the museum has commissioned for the  portraits of former President Donald Trump and former First Lady Melania Trump, but declined to offer a timeline or additional details.  Since the 1990s, the museum has worked with the White House to commission a portrait near the end of a president’s term.  Typically, portraits of former presidents appear in the National Portrait Gallery a year or two after leaving office.  A photograph of Trump will remain on display at the museum until the official portrait is finally completed.

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All the Members of Congress Who Aren’t Running for Reelection in 2022

All the Members of Congress Who Aren’t Running for Reelection in 2022 (1/19/2022)

Get ready for action in November.  Ahead of what’s certain to be a historic midterm election in Congress, 45 current incumbents – six Senators and 38 Representative – have declared they won’t be seeking reelection for the 118th Congress.  While all Senators have cited retirement as a reason, which typically entailsspending more time with family or an account for health issues, the reasons House members are not running again vary a bit more. While 18 Democrats and 6 Republicans in the House have cited retirement, 15 Representatives – eight Democrats and seven Republicans – are stepping aside to run for other offices.  The following charts list all the current incumbents in Congress who’ve said they aren’t running for reelection in 2022, and their reasons for doing so.

House

Name Party State Date Announced Reason
Bass, Karen Democrat California 9/27/2021 Running for Mayor (Los Angeles)
Brady, Kevin, Chairman of the Ways and Means Committee Republican Texas 4/14/2021 Retirement
Brooks, Mo Republican Alabama 3/22/2021 Running for Senate
Brown, Anthony Democrat Maryland 10/25/2021 Running for Attorney General (MD)
Budd, Ted Republican North Carolina 4/28/2021 Running for Senate
Bustos, Cheri, Member of the Appropriations Committee Democrat Illinois 4/30/2021 Retirement
Butterfield, G.K., Member of the Energy and Commerce Committee Democrat North Carolina 11/19/2021 Retirement
Crist, Charlie, Member of the Appropriations Committee Democrat Florida 5/4/2021 Running for Governor
DeFazio, Peter Democrat Oregon 12/1/2021 Retirement
Demings, Val Democrat Florida 6/9/2021 Running for Senate
Doyle, Michael Democrat Pennsylvania 10/18/2021 Retirement
Gohmert, Louis Republican Texas 11/22/2021 Running for Attorney General (TX)
Gonzalez, Anthony Republican Ohio 9/16/2021 Retirement
Hartzler, Vicky Republican Missouri 6/10/2021 Running for Senate
Hice, Jody Republican Georgia 3/22/2021 Running for Secretary of State (GA)
Hollingsworth, Trey Republican Indiana 1/12/2022 Retirement
Johnson, Eddie Bernice Democrat Texas 10/9/2019 Retirement
Katko, John Republican New York 1/14/2022 Retirement
Kind, Ron, Member of the Ways and Means Committee Democrat Wisconsin 8/10/2021 Retirement
Kinzinger, Adam, Member of the Energy and Commerce Committee Republican Illinois 10/29/2021 Retirement
Kirkpatrick, Ann, Member of the Appropriations Committee Democrat Arizona 3/12/2021 Retirement
Lamb, Conor Democrat Pennsylvania 8/6/2021 Running for Senate
Lawrence, Brenda, Member of the Appropriations Committee Democrat Michigan 1/4/2022 Retirement
Long, Billy, Member of the Energy and Commerce Committee Republican Missouri 8/3/2021 Running for Senate
Lowenthal, Alan Democrat California 12/16/2021 Retirement
Murphy, Stephanie, Member of the Ways and Means Committee Democrat Florida 12/20/2021 Retirement
Perlmutter, Ed Democrat Colorado 1/10/2022 Retirement
Reed, Tom Republican New York 3/21/2021 Retirement
Roybal-Allard, Lucille, Member of the Appropriations Committee Democrat California 12/21/2021 Retirement
Rush, Bobby, Member of the Energy and Commerce Committee Democrat Illinois 1/3/2022 Retirement
Ryan, Tim Democrat Ohio 4/26/2021 Running for Senate
Sires, Albio Democrat New Jersey 12/21/2021 Retirement
Speier, Jackie Democrat California 11/16/2021 Retirement
Suozzi, Tom, Member of the Ways and Means Committee Democrat New York 11/29/2021 Running for Governor
Vela, Filemon Democrat Texas 3/22/2021 Retirement
Welch, Peter, Member of the Energy and Commerce Committee Democrat Vermont 11/22/2021 Running for Senate
Yarmuth, John, Chairman of the Budget Committee Democrat Kentucky 10/12/2021 Retirement
Zeldin, Lee Republican New York 4/8/2021 Running for Governor

Senate

Name Party State Date Announced
Blunt, Roy, Member of the Appropriations Committee Republican Missouri 3/8/2021
Burr, Richard, Chairman of the HELP Committee Republican North Carolina 7/20/2021
Leahy, Patrick, Chairman of the Appropriations Committee Democratic Vermont 11/15/2021
Portman, Rob, Member of the Finance Committee Republican Ohio 1/25/2021
Shelby, Richard, Ranking Member of the Appropriations Committee Republican Alabama 2/8/2021
Toomey, Pat, Member of the Budget Committee Republican Pennsylvania 10/5/2021

What does “retirement” really mean?  While some members are legitimately retiring from public service either due to health issues or to spend time with family, some House Democrats with competitive seats, like Cheri Bustos and Ron Kind, may be preemptively stepping down to avoid the possibility of losing their seat in what’s sure to be a difficult midterm election cycle for Democrats.  The president’s party almost always loses seats in Congress during the  midterm election. And this year is no exception, especially with President Joe Biden’s current low approval rating simply makes “retirement” from Congress a more palpable option than a difficult reelection battle.

And it’s not just Democrats worried about tough reelection fights.  Three retiring GOP congressmen, – John Katko, Adam Kinzinger, and Anthony Gonzalez, all voted to impeach former President Donald Trump in February 2021 following the riot at the US Capitol.  Trump is still popular among a large number of Republican voters, and this trio may have just decided to end their career in Congress on their own terms rather than face a tough primary race against an opponent who strongly supports the former president.

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The Most Bipartisan Committee in Congress You’ve Never Heard Of

Gridlock, gridlock, gridlock.  Thanks to deeply embedded polarization, Democrats and Republicans in Congress hardly work together in a bipartisan manner to pass legislation.   However, there’s one committee that has a proven track record of members working together across the aisle: the House Select Committee on Modernization of Congress.

What it is: A bipartisan committee with an equal number of Democratic and Republican members, the House Select Committee on the Modernization of Congress was established in January 2019 to investigate, study, hold hearings, and develop recommendations to make Congress more effective, efficient, and transparent.  The committee’s members are appointed by Speaker Nancy Pelosi (D-CA) and House Republican Leader Kevin McCarthy (R-CA), and two committee members are each chosen from the House Rules Committee, the House Administration Committee, and the congressional freshman class.

While the committee does not have legislative jurisdiction – meaning it lacks the authority to develop or advance legislation – it does release rolling recommendations throughout the year. Nearly 100 recommendations have been issued over the past three years across several key areas, including streamlining and reorganizing the House of Representatives human resources, overhauling the onboarding process for new members, modernizing House technology, and reforming the budget and appropriations process.

Recent moves: On December 8, 2021, the select committee approved 25 new recommendations, 14 of which are designed to create a more civil and collaborative environment in Congress.  Key examples include creating bipartisan websites for committees, hosting bipartisan committee events, and promoting civility and collaboration at a proposed Congressional Leadership Academy and Congressional Staff Academy.  The new recommendations’ focus on civility is likely a reaction to the institution’s increasingly polarized environment that has only gotten worse since last year’s riot at the Capitol.

Recommendations do become policy. Even though the select committee can’t develop its own legislation, nearly 60% of the 97 recommendations been implemented by Congress to some degree.  Key examples include:

  • Creating a one-stop shop Human Resources HUB dedicated to Member, committee, and leadership staff.
  • Making permanent the Office of Diversity and Inclusion.
  • Allowing newly elected members to hire and pay one transition staff member.
  • Providing more financial stability for congressional staff enrolled in the federal student loan program.
  • Establishing a Community Project Funding process to allow non-profit entities to apply for competitive grants from a member of Congress (House only).  Community Project Funding requests are similar to earmarks in that they allow members to allocate funding to projects in their district, although the newest iteration has more rules and transparency requirements.

But unfinished business remains.  Many of the committee’s recommendations that have been adopted by Congress amount to non-partisan, low-hanging fruit intended to improve the workplace environment for congressional staff and members.  In contrast, the committee’s more sweeping, structural recommendation on budget and appropriations haven’t seen much movement, with the exception of the committee’s Community Project Funding recommendation.  These include:

  • Requiring an annual Fiscal State of the Union with a presentation of baseline budgetary facts to provide a common set of numbers on which to base decisions;
  • Requiring a biennial budget resolution with annual appropriations bills, which would provide appropriators more time to plan; and
  • Limiting use of the budget reconciliation process to only deficit reduction and require an explanation of changes in direct spending or revenue that have not been reconciled.

While the Select Committee on Modernization of Congress certainly seems to have a bipartisan track record, the polarized environment of the legislative branch limits how far the committee’s recommendations can go, especially when they pertain to larger, structural changes.  However, the committee’s work is far from done – the House voted in January 2021 to reauthorize the select committee through 2023 – meaning the bipartisan group will continue to have time to put out new recommendations to create a more efficient and productive Congress.

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What Happened, What You Missed: January 10-14

CMS Issues Narrow Coverage Determination for New Alzheimer’s Drug

On January 11, the Centers for Medicare and Medicaid Services (CMS) proposed a national coverage determination for Alzheimer’s disease medication Aduhelm that will limit Medicare coverage to patients participating in relevant clinical trials.  The Food and Drug Administration (FDA) approved the Biogen-developed drug last year, despite conflicting data regarding the drug’s efficacy.  Aduhelm attracted significant controversy after Biogen announced a launch price of $56,000, which was later halved due to public outcry.  CMS is holding a 30-day public comment period and will announce its final decision by April 11.

Supreme Court Blocks Vaccine Mandate for Employers, but Not Health Care Providers

On Thursday, the Supreme Court struck down the Occupational Safety and Health Administration (OSHA) mandate for private sector employers to require workers to be vaccinated or regularly tested, on the basis that OSHA lacks the authority to “regulate public health more broadly.”  The high court’s vote to invalidate the vaccine mandate was 6-3, along ideological lines.  However, the Supreme Court did vote to uphold a CMS regulation that requires health care provider that receive money from the federal government to mandate that employees be vaccinated.  According to the majority opinion, CMS was justified to mandate vaccinations because unlike OHSA, the agency has long-standing authority to issue health care mandates.

Sinema Doubles Down on Opposition to Filibuster Reform

Sen. Kyrsten Sinema (D-AZ) strongly expressed her opposition to changing filibuster rules to pass a voting rights bill in an impassioned speech she delivered on the Senate floor yesterday.  While Sinema said she supports the Democrats’ voting rights legislation, she’d prefer to see it advance through more collaboration between Democrats and Republicans.  Sinema’s speech came just before President Joe Biden met with Senate Democrats on Capitol Hill in order to stir up support for voting rights reform.  Both Sinema and her West Virginia Democratic colleague Sen. Joe Manchin’s continued opposition to creating a filibuster carve out for the voting rights bill means Democrats’ hopes of passing the measure are facing an uphill battle and may not get done.

Johnson Announces Reelection Bid, Perlmutter Announces Retirement

In a Wall Street Journal op-ed, Sen. Ron Johnson (R-WI) announced on January 8 his plans to run for a third term in the Senate, putting an end to months of speculation regarding his plans.  Johnson initially pledged in 2016 to not seek reelection in 2022; however, encouragement from constituents and the nation’s “unsustainable path” caused him to reconsider.  The Senate race in Wisconsin is expected to be close, as President Biden narrowly won the state in 2020.  Later in the week, Rep. Ed Perlmutter (D-CO) announced that he will not be seeking reelection in November.  Representing the north and west suburbs of Denver, Perlmutter served in the Colorado Senate for eight years before his election to Congress in 2006.  In a statement, Perlmutter said he is stepping aside to “explore other opportunities,” but did not specify what those would be.

ICYMI: Harry Reid Lies In State at US Capitol Building

On Wednesday, former Senate Majority Leader Harry Reid (D-NV) lied in state in the Rotunda at the US Capitol, where President Joe Biden, Vice President Kamala Harris, and dozens of other elected officials paid tribute.   Reid, who worked as a Capitol Police officer while studying law at George Washington University, served for years in the Nevada state government before being elected to the House in 1982 and the Senate in 1986.  Reid’s 30-year Senate career included a decade as Majority Leader, during which he led the Democratic caucus in voting to end the filibuster for most presidential nominations, including federal judges.  Reid retired in 2017 but continued to stay active in the public eye despite his diagnosis of pancreatic cancer in 2018.

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2022 Midterm Primaries Feature Incumbents versus Incumbents

Redistricting has made for strange bedfellows. Thanks to population losses reported in the 2020 Censusseven states lost one seat apiece in the US House of Representatives.  Individual states redraw their district boundaries to create a new map of congressional districts, and the states that lost a congressional seat have their own set of unique challenges.  On top of that, several states where one party has a supermajority are using their leverage to redraw district lines to bump out House members from another major party.  Therefore, the results of these newly drawn district lines have made for five strange matchups that involves two incumbents from the same party.

Lucy McBath (D-GA) versus Carolyn Bourdeaux (D-GA)

Both congresswomen are new to Washington – McBath was elected in 2018, and Bourdeaux in 2020.  On December 30, 2021, Georgia’s Republican Governor Brian Kemp, signed into law a Republican-drawn congressional map that shifts most of McBath’s 6th Congressional District to the exurbs west of Atlanta where Republicans dominate the electorate.  As a result, McBath is now running in the 7th Congressional District, which is currently held by Bourdeaux.  Each congresswoman has her own advantages, so the race is likely to be close.  While McBath has gained national recognition for her story as a gun control advocate and cancer survivor, Bourdeaux’s old district represents most of the new district, and she has repeatedly touted her ties to the district on the campaign trail.

Marie Newman (D-IL) versus Sean Casten (D-IL)

Democrats currently control 13 of Illinois’ 18 congressional seats, and Democratic Gov. J.B. Pritzker signed into law in November 2021 a new congressional map that aims to give Democrats a total of 14 seats out of 17 seats since the state will lose one due to a drop in population.  To accomplish this, however, state legislators had to put Rep. Newman and Rep. Chuy Garcia (D-IL) in the same district.  Rather than run against a fellow progressive, Newman has opted to run in the neighboring 6th Congressional District, currently held by Rep. Casten.  While Casten has been touting his work on climate an infrastructure, much of Newman’s old district lies in the new one, and she has been emphasizing her longtime Chicagoland roots to contrast herself with her opponent, who moved to the area as an adult.

Mary Miller (R-IL) versus Rodney Davis (R-IL)

Illinois Democrats’ “sacrifice” of Newman was intended to thin the herd of GOP-held seats.  For instance, the new map puts Rep. Miller’s hometown in a new seat held by Rep. Mike Bost (R-IL) that covers the southern third of the state.  Rather than fight against Bost, Miller opted to seek run against Rep. Davis in the primary, whose central Illinois district contains portions of Miller’s old district.  While Davis has represented his district in Washington for five terms, Miller brings to the table an endorsement from former President Donald Trump, although she recently faced controversy for quoting Hitler.

Andy Levin (D-MI) and Haley Stevens (D-MI)

Michigan lost a congressional seat in 2020 Census.  The state’s new congressional map is the product of an independent commission, and while the commission has been successful in avoiding partisan gerrymandering, it wasn’t enough to stop a race between two incumbents.  Both Rep. Levin and Rep. Stevens could have opted to run in the new 10th Congressional District, which leans slightly Republican and contains suburban communities northeast of Detroit.  But instead, both Democratic incumbents chose to seek reelection in the 11th Congressional District, which features a more Democratic-leaning electorate in the suburbs northwest of Detroit.   While Levin resides in the new district, Stevens’ current district includes much of the new one she’s running in.

David McKinley (R-WV) versus Alex Mooney (R-WV)

West Virginia’s House delegation will shrink from three to two members in the next Congress.  A new congressional map signed into law by Republican Gov. Jim Justice last fall means Rep. McKinley and Rep. Mooney will have to square off to see who will represent the state’s northern 2nd Congressional District next year.  While two-thirds of McKinley’s old district is included in the newly formed district, Mooney is a staunch supporter of former President Trump, meaning whoever wins the May 10th primary is anyone’s guess.

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