This Week In Congress (TWIC)
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Well, the Doctor is back from my vacation Space/Time Adventure. Sorry for the Belated weekly post!
Anything much happen in Congress while I was gone?
HOLY CRAP!
A Shitload of Crap Happened!
As you may already know, every week Congress is in session (usually on Sunday evening or Monday morning, but this time I’m late) I recap the previous week’s important legislative and committee activity and look ahead to what Congress has planned for the coming week, with my 2 cents of opinion from time to time of course. For the sake of brevity, I will not be going back to before I left in June, but only provide highlights on the big stuff that has happened in the last week or two. I of course will cover what should be happening this week A lot going on, so let’s get right down to it!
Hope you find it both informative and worthy of recommending and discussion in the comments section.
But before I get into the usual stuff, I have to highlight the Schumer — Manchin Bromance that seems to have popped up from nowhere.
There has been a lot of ink put to paper about what might have caused Manchin’s sudden 180 on the Reconciliation Bill. But let me just give you my crazy theory.
Back on Christmas Day 2021, I posted a Special “This Week In Congress” which I entitled A Manchin-Scrooge Christmas Carol. This was just after Manchin publicly torpedoed the BBB Bill for the first time. The tale patterned after the Dickens’ classic starred Joe Manchin as Scrooge of course, the ghost of John McCain (Manchin’s former Senate Colleague) as Scrooges partner Jacob Marley, Representative Primila Jayapal (who Manchin lied to) as the Ghost of Christmas Past, Senator Chris Coons (Manchin’s friend in the Senate) as the Ghost of Christmas Present, and Senator Bernie Sanders (Manchin’s nemesis in the Senate) as the Ghost of Christmas Yet To Come. In my political version of a Christmas Carol, Manchin experiences a 180 degree turn on the BBB after the one night visit by the four spirits and announces his full throat support for the Bill.
Now did this actually happen to Manchin in a “Christmas in July” sort of way? Probably not. But I have no better explanation for his overnight support for a somewhat scaled down and renamed Bill. More Details on the Schumer-Manchin screwing of McConnell later on down the page.
BTW, Click on this LINK to give my previous post a quick read. I think you will find it amusing.
Now back to your regularly scheduled TWIC:
Here Are The Previous Weeks’ Headlines:
House Passes Two Abortion Rights Bills!
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House Passes Same Sex & Inter-Racial Marriage Bill!
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House Passes Right to Contraception Bill!
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House Passes Assault Weapons Ban!
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House & Senate Pass CHIPS Semi-Conductor Bill!
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Senate Republicans Have Tantrum and Vote Against Cloture on a Veterans’ Health Bill!
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Jan. 6 Committee — Sharing Transcripts with DoJ and Interviewing Former Trump Cabinet Officials
Legislative Activity -
House:
1. 7/15/22 — House Resolution 8296 (H.R. 8296) - Vote on Passage of H.R.8296 - Women’s Health Protection Act of 2022 — This bill prohibits governmental restrictions on the provision of, and access to, abortion services.
Specifically, governments may not limit a provider's ability to
- prescribe certain drugs,
- offer abortion services via telemedicine, or
- immediately provide abortion services when the provider determines a delay risks the patient's health.
Furthermore, governments may not require a provider to
- perform unnecessary medical procedures,
- provide medically inaccurate information,
- comply with credentialing or other conditions that do not apply to providers whose services are medically comparable to abortions, or
- carry out all services connected to an abortion.
(You can read the Full Summary of this Bill HERE and the Bill’s Full Text HERE.)
Democrats- 219 Yes 1 No 0 Present 0 Not Voting
Republicans- 0 Yes 209 No 0 Present 2 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 219 Yes 210 No 0 Present 2 Not Voting
PASSED
Voting Details HERE.
2. 7/15/22 — House Resolution 8297 (H.R. 8297) - Vote on Passage of H.R.8297 - Ensuring Access to Abortion Act of 2022 — This bill prohibits anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. (Abortion services includes the use of any drugs that are approved to terminate pregnancies and any health care services related to an abortion, whether or not provided at the same time or on the same day.)
Specifically, the bill prohibits any person acting under state law from preventing, restricting, impeding, or retaliating against
- health care providers who provide legal abortion services to out-of-state residents,
- any person or entity who helps health care providers to provide such services,
- any person who travels to another state to obtain such services,
- any person or entity who helps another person travel to another state to obtain such services, or
- the movement in interstate commerce of drugs that are approved to terminate pregnancies.
(You can read the Full Text of this Bill HERE.)
Democrats- 220 Yes 0 No 0 Present 0 Not Voting
Republicans- 3 Yes 205 No 0 Present 3 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 223 Yes 205 No 0 Present 3 Not Voting
PASSED
Voting Details HERE.
3. 7/15/22 — House Resolution 8351 (H.R. 8351) - Vote on Motion to Suspend the Rules and Pass H.R.8351 - Formula Act — This bill provides through December 31, 2022, duty-free treatment to infant formula.
During this time period, articles of infant formula shall not be subject to (1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the Harmonized Tariff Schedule; or (2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles. (You can read the Full Text of this Bill HERE.)
Democrats- 218 Yes 0 No 0 Present 1 Not Voting
Republicans- 203 Yes 2 No 0 Present 6 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 421 Yes 2 No 0 Present 7 Not Voting
PASSED (2/3s Required to Pass)
Voting Details HERE.
4. 7/19/22 — House Resolution 8404 (H.R. 8404) - Vote on Passage of H.R.8404 - Respect for Marriage Act — This bill provides statutory authority for same-sex and interracial marriages.
Specifically, the bill repeals and replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.) (You can read the Full Text of this Bill HERE.)
Democrats- 220 Yes 0 No 0 Present 0 Not Voting
Republicans- 47 Yes 157 No 0 Present 7 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 267 Yes 157 No 0 Present 7 Not Voting
PASSED
Voting Details HERE.
5. 7/21/22 — House Resolution 8373 (H.R. 8373) - Vote on Passage of H.R.8373 - Right to Contraception Act — This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to an action taken to prevent pregnancy, including the use of contraceptives (i.e., a device or medication used to prevent pregnancy), fertility-awareness based methods, and sterilization procedures.
Generally, the bill prohibits measures that single out and impede access to contraception and related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating, through clear and convincing evidence, that the measure significantly advances access to contraception and cannot be achieved through less restrictive means. (You can read the Full Text of this Bill HERE.)
Democrats- 220 Yes 0 No 0 Present 0 Not Voting
Republicans- 8 Yes 195 No 2 Present 6 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 228 Yes 195 No 2 Present 6 Not Voting
PASSED
Voting Details HERE.
6. 7/29/22 — House Resolution 1808 (H.R. 1808) - Vote on Passage of H.R.1808 - Assault Weapons Ban of 2022 — This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD).
The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model.
The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD:
- importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments;
- importation, sale, transfer, or possession related to securing nuclear materials; and
- possession by a retired law enforcement officer.
The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties.
The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD.
Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture.
The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program. (You can read the Full Text of this Bill HERE.)
Democrats- 215 Yes 5 No 0 Present 0 Not Voting
Republicans- 2 Yes 208 No 0 Present 1 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 217 Yes 213 No 0 Present 1 Not Voting
PASSED
Voting Details HERE.
7. 7/29/22 — House Resolution 4346 (H.R. 4346) - Vote on Motion to Concur in the Senate Adt to the House Adt to the Senate Adton of the CHIPS and Science Act — This bill provides $52 billion for semiconductor production subsidies and R&D. It also outlines an ambitious vision for US science policy more broadly, with expansion plans for NSF, NIST, and the Department of Energy. You can read a House Summary of the Bill HERE and download a copy of the text HERE. A couple of warnings however: 1. The Bill # does not correspond to the CHIPS and Science Bill, since that Bill was likely amended to replace it entirely by the CHIPS Bill. 2. Since this Bill has gone through a number of Senate and House amendments, I’m not sure the links provided above necessarily reflect the final passed Bill.
Democrats- 219 Yes 0 No 1 Present 0 Not Voting
Republicans- 24 Yes 187 No 0 Present 0 Not Voting
Independents- 0 Yes 0 No 0 Present 0 Not Voting
Totals- 243 Yes 187 No 1 Present 0 Not Voting
PASSED
Voting Details HERE.
Details & Commentary — In general, the votes on the Bills above are good examples of Democrats playing political HARDBALL with Republicans, by making them take votes on issues they would prefer to not vote on, with the exception of the Baby Formula and CHIPS Bills. Taking these votes before the mid-terms are extremely important politically. They clearly establish that Democrats are for things the large majority of voters support, while the Republicans are against them. Also, since these all (except the Baby Formula Bill) won’t get passed by the Senate because of Manchin, Sinema and the GOP filibusters, it allows us to show voters who favor these that they can be passed in 2023 by holding the House and flipping at least two more Senate seats. That is if Democrats can make these the major issues for the 2022 mid-terms.
With respect to the two Abortion Rights Bills, the Marriage Bill and the Contraception Bill, I find it a little disconcerting that these things which are unenumerated rights in the Constitution need to be codified into Federal Law to preserve them. With respect to other multiple unenumerated rights, it’s a slippery slope that unfortunately we have to go down.
- H.R.8296 - Women’s Health Protection Act & H.R.8297 - Ensuring Access to Abortion Act of 2022 — Looking at the voting outliers on these two abortion rights bills, one Democrat (Cuellar of Texas) voted against the first Bill codifying abortion nationally, but apparently voted for interstate access to abortion. On the other side of the aisle, no Republicans voted for the Bill codifying abortion, while three (3) (Fitzpatrick of Pennsylvania, Kinzinger of Illinois and Upton of Michigan).
- H.R.8351 - Formula Act — Amazingly two (2) Republicans (Allen of Georgia and Gohmert of Texas) actually voted against helping Mom’s obtain baby formula. Since these are also pro-birth Republicans, I guess they figure all mothers should breast feed (hand maiden’s style).
- H.R.8404 - Respect for Marriage Act — With this Bill, 47 Republicans voted for it, while 157 Republicans decided to vote against codifying same sex and inter-racial marriage, leaving us all to wonder if they are anti-gay or racists or both.
- H.R.8373 - Right to Contraception Act — On this Bill, eight (8) Republicans (Cheney of Wyoming, Fitzpatrick of Pennsylvania, Gonzalez of Ohio, Katko of New York, Kinzinger of Illinois, Mace of South Carolina, Salazar of Florida and Upton of Michigan) voted to codify the right to obtain contraception, while 195 Republicans voted against it. I have to wonder how many of those Republicans who voted against it have actually used some form of contraception in their lives. I would expect all of them.
- H.R.1808 - Assault Weapons Ban of 2022 — I have to say the mere fact that we finally got an Assault weapons ban on the House Floor and passed it, is a tremendous accomplishment, even if it can go nowhere in the Senate. It’s still important progress. On the vote the outliers were five (5) Democrats (Cuellar of Texas, Golden of Maine, Gonzales of Texas, Kind of Wisconsin and Schrader of Oregon) who voted against the ban, while two (2) Republicans (Fitzpatrick of Pennsylvania and Jacobs of New York) voted for the ban. While the 5 Democrats are likely from “pro-gun” Districts and probably voted “no” to save their own political skin, the mere fact that 2 Republicans voted for it is amazing since they were the deciding votes that allowed it to pass.
- CHIPS and Science Act — See below under Senate Section.
Senate:
Legislation —
1. 7/27/22 — House Resolution 4346 (H.R. 4346) - Vote on the Motion: Motion to Concur in the House Amendment to the Senate Amendment to H.R. 4346 with Amendment No. 5135 of the CHIPS and Science Act — This bill provides $52 billion for semiconductor production subsidies and R&D. It also outlines an ambitious vision for US science policy more broadly, with expansion plans for NSF, NIST, and the Department of Energy. You can read a House Summary of the Bill HERE and download a copy of the text HERE. A couple of warnings however: 1. The Bill # does not correspond to the CHIPS and Science Bill, since that Bill was likely amended to replace it entirely by the CHIPS Bill. 2. Since this Bill has gone through a number of Senate and House amendments, I’m not sure the links provided above necessarily reflect the final passed Bill.
Democrats- 46 Yes 0 No 0 Present 2 Not Voting
Republicans- 17 Yes 32 No 0 Present 1 Not Voting
Independents- 1 Yes 1 No 0 Present 0 Not Voting
Totals- 64 Yes 33 No 0 Present 3 Not Voting
PASSED
Voting Details HERE.
2. 7/27/22 — Senate Resolution 3373 (S. 3373) - Vote on Motion to Invoke Cloture: Motion to Concur in the House Amendment to S.3373 - Honoring our PACT Act — This bill addresses health care, presumption of service-connection, research, resources, and other matters related to veterans who were exposed to toxic substances during military service. (You can read a Complete Summary HERE and the Full Text of this Bill HERE.)
Democrats- 45 Yes 1 No 0 Present 2 Not Voting
Republicans- 8 Yes 41 No 0 Present 1 Not Voting
Independents- 2 Yes 0 No 0 Present 0 Not Voting
Totals- 55 Yes 42 No 0 Present 3 Not Voting
FAILED (60 Votes Needed)
Voting Details HERE.
Details & Commentary — The CHIPS and Science Act finally got enough votes for Cloture and passed both the Senate and House last week, after much arm twisting. This Bill is designed to boost the US Semi-conductor / Chip industry and help them compete with China. Democrats like it because it has the potential to create more US jobs and some Republicans like it because it helps Big Business (nor surprising). However, it’s passage combined with the Manchin-Schumer announced deal on a Reconciliation Bill caused Republicans to throw a hissy fit and block a slightly amended version of the Honoring our PACT Act, a Bill that would extend VA health care benefits to our Veterans who have illnesses related to their toxic exposure to PFOS chemicals while in the Service, which is certainly a good thing. Yes, 41 Senate Republicans voted against our Veterans because they got played by Chuck Schumer. Not too smart on their part, but good for our side. More on this below on this weeks events.
Nominations — Since I last posted there have been fourteen (14) Biden nominees confirmed, including three (3) judges.
Committee Activity:
House:
House Jan. 6 Select Committee: For the sake of brevity and since you all have watched or read about the last public hearing by now, I’m going to skip it and just focus on the latest developments.
- 7/29/22 — Committee to Share Transcripts with DoJ — Per CNN:
The House select committee investigating the January 6, 2021, attack on the US Capitol intends to share 20 transcripts with the Justice Department, a select committee spokesperson told CNN.
"The select committee intends to share 20 transcripts. We have no plans to share additional transcripts at this time," the spokesperson said.
The official sharing of transcripts between the committee and the Justice Department comes as the department's criminal investigation into January 6
is heating up.
Although it is not immediately clear which transcripts the committee would be handing over to the Justice Department, Rep. Bennie Thompson, a Mississippi Democrat who chairs the panel, previously said the department was interested in individuals connected to the plan to put forward "fake electors" for former President Donald Trump.
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7/29/22 — Mulvaney Testifies — Per
POLITICO:
Mick Mulvaney, the former acting chief of staff from the Trump administration, said Friday that his interview this week with the House committee probing the Jan. 6 insurrection focused on day-to-day operations in the Trump White House as well as Mulvaney’s own communications surrounding the 2020 election and the Capitol riot.
Mulvaney said the panel’s makeup — it is comprised of seven Democrats and two Republicans, all of whom were appointed by House Speaker Nancy Pelosi — makes its structure “politically biased.” But he insisted that the information the committee has obtained, mostly from Republicans, has been “good and sound.”
Next This Week in Congress: Here is your
C-Span Link where you can view some of next week’s events.
Here Are The Coming or This Week’s Headlines:
Senate may Try Again This Week To Pass the Pass PACT Act To Help Sick Veterans!
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Schumer May Bring the Mini-BBB Reconciliation Bill to the Floor This Week!
Legislative Activity —
House: According to the House Majority Leader's Page the House will not be in Legislative Session from August 1 through August 5. We will see if that changes should the Senate pass something.
Senate:
Per the Senate's Web Site, the Senate convened on Monday, August 1 and will be in session for most of the week. Currently, the Senate is working on nominations. Here’s what else may happen this week:
Honoring Our PACT Act — As noted above, last week Senate Republicans blocked this Veteran’s Health Bill by denying the required 60 votes for Cloture. This was the result of McConnell’s and the GOP Senate’s tantrum over Schumer putting one over on them.
In a nut shell, McConnell said the GOP would not give the Democrats the Cloture votes for the the CHIPS and Science Act if the Democrats tried to move forward the Mini-BBB Reconciliation Bill, that Republicans can’t block on their own. With Manchin’s previous announcement that he could not vote for the energy and tax provisions in the Reconciliation Bill, McConnell’s perception was that the Mini-BBB was dead, and he allowed the CHIPS Act to pass the Senate. Then, almost immediately after that vote, Manchin and Schumer announced a deal on a Mini-BBB Reconciliation Bill that included much of the tax and energy provisions Manchin previously opposed, as well as prescription drug cost reductions and ACA subsidy extensions. McConnell, believing he’d been screwed proceeded to block the Veteran’s Health, Honoring Our PACT Act. This was obviously a tantrum on McConnell and the GOP’s part, since if they stopped and thought about it, blocking a Veteran’s Health Bill was a political loser move by them. But they didn’t think and they did block it. Now this week after they have had time to think about it, they may be changing their tune.
Here’s the latest from Vox:
After Republicans initially blocked a bill that would expand benefits for veterans exposed to toxins while deployed, the Senate is now poised to pass the legislation in the coming days.
Last week, sudden Republican opposition to the bill, called the PACT Act, left many veterans and their supporters shocked. After days of backlash, lawmakers are set to reconsider the bill in a Senate vote this week, with Minority Leader Mitch McConnell telling NBC News that he expects it will pass.
Could see another Cloture Vote on this Bill tomorrow.
Mini-BBB Reconciliation Bill — We already covered above the fast one Schumer pulled on McConnell on this deal. But I have to say, I don’t know what made me happier, the Manchin 180 giving us a decent Mini-BBB Bill that we didn’t expect or the Political HARDBALL screwing Schumer gave McConnell by holding off on announcing the deal until the CHIPS Bill was passed. However, the deal is not yet complete and some questions remain on how it gets done.
The latest from E&E Daily News highlights the hurdles between the Schumer-Manchin Deal and the passage of the Mini-BBB Reconciliation Bill:
Beyond convincing a wary public, Manchin and Democrats must overcome a number of Senate procedural hurdles before they can hold votes on the package.
First, the Senate parliamentarian must certify the bill meets budget reconciliation parameters. The process will give Republicans an opportunity to take down key portions of the legislation.
Then, the bill will be subject to a lengthy amendment process known as “vote-a-rama.” It will likely go late into the night.
That all means senators could be working through the weekend and into next week before leaving town for the summer recess. The House would also have to return from break to pass the bill.
Senate Democrats are moving forward with the reconciliation process without knowing whether they have enough votes to secure final passage.
With Manchin on board, Senate Majority Leader Chuck Schumer (D-N.Y.) has expressed confidence the entire caucus is on the same page.
But Arizona Democratic Sen. Kyrsten Sinema, a moderate who has shown little hesitation to block her party’s initiatives, has yet to say whether she supports the Manchin-Schumer deal.
Sinema has in the past been adamant against corporate tax increases. At last check, her office said she was reviewing the text.
Schumer said last week that Democrats will “work out how to pass this bill successfully going through vote-a-rama, and I think we’ll have the cooperation of all 50 of the members.”
On NBC’s “Meet the Press” yesterday, Manchin said he didn’t know if Sinema was on board but “would like to think so” considering her input in overall negotiations and her support for prescription drug pricing reforms.
Also, SALT could get poured into the wound.
New Jersey lawmakers may also insist the package include the state and local tax (SALT) deduction, which has been one of their priorities in the reconciliation talks. Republicans in 2017 — during their own reconciliation push — eliminated a dedication that often helps affluent people in higher-tax, blue states.
Rep. Josh Gottheimer (D-N.J.) has led a cohort of other moderate lawmakers who have voiced displeasure with the policy being left out of the Manchin-Schumer deal, and they have been willing to play hardball on the issue in the past.
Sen. Bob Menendez (D-N.J.) voiced similar concerns. “I’m reserving judgment on it until I see all the particulars and what it means for New Jersey,” Menendez told reporters on Thursday.
When asked whether he would sink the bill because of that single issue, Menendez said he “does not make decisions like that.”
Manchin insisted last week that SALT would not be in any deal he backed. He called the deduction a tax break for the wealthy.
Schumer said, “I would love to do it, but he’s opposed.”
Details & Commentary — A lot lot can still go wrong with Senate passage of the Mini-BBB Reconciliation Bill as outlined above. But the two major things that concern me most are both named Sinema.
The first is how she will vote on Republican amendments during the “Vote-A-Rama” (Note: The Senate Rules governing the Reconciliation process allow for nearly unlimited amendments to be brought to the floor by any Senator and voted on, with a simple majority required to pass). If she votes with all 50 Republicans on some of their probably wacky amendments, she could create enough “poison pills” to make it difficult for all 50 Democrats to vote for the final Bill. A death by a thousand cuts type of situation. An example would be that she succeeds in cutting out enough of the tax increases to cause the Bill to be a deficit increaser which may cause Manchin to balk.
The second is she could really screw us by demanding stuff be cut out of the Bill and then not vote for the final Bill. That would be really “ballsy” and political suicide on her part.
So as I see it there are two possibilities:
1. Schumer has already talked to her (or their staffs have talked) and she is secretly 90% or more on board with the final Bill, with some stuff like the carried interest loophole getting cut out; or
2. Schumer is rolling the dice and hopes that the tremendous pressure being put on her will prevent her from being the skunk at the party in the end.
I sure hope it’s the former and not the latter, since she is fully capable of pulling a thumbs down in the end, John McCain style.
Also, to further complicate matters, Schumer needs all 50 Dem. Senators and the VP to remain COVID free and healthy so they can all be on the floor for all the days of voting this will take to pull off.
We all need to have our fingers crossed 🤞!
Committee Activity:
House: No Committee public action as the House is not in session this week. However, the Jan. 6 Committee will continue working behind closed doors, so there could be news that leaks out during the week.
Here is the list of Senate Committee Hearings/Meetings for the coming week. Nothing much interesting.
Hope you enjoyed! Hope to post next weekend as usual!