AMRPA Magazine | December 2020

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Legislative Update

2020 Election Day (Weeks) Continues

Martha M. Kendrick, Esq., Partner, Akin Gump Strauss Hauer & Feld LLP

Highlights: »

Per John Hopkins data, more than 14 million coronavirus cases were confirmed in the United States as of December 3.

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Pfizer and BioNTech and Moderna released preliminary analysis showing that their COVID-19 vaccines are effective at preventing symptomatic coronavirus disease.

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The Senate Appropriations Committee released 12 Fiscal Year 2021 (FY21) appropriations bills, kicking off negotiations over a year-end spending package. The current Continuing Resolution (CR) expires December 11.

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As the 116th Congress concludes its second session, near-term action is expected on a package to fund the government through FY21 that includes COVID-19 relief measures.

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Post-election, Democrats and Republicans remain firm on their prior COVID proposals.

With a victory in Pennsylvania, former Vice President Joe Biden crossed the 270 electoral vote threshold on November 7, thus winning the election to serve as the 46th President of the United States. His running mate, Sen. Kamala Harris (D-CA), will be the first woman, Black person and Asian-American to serve as Vice President. Their victory is historic in an election where a deeply divided country cast a record number of ballots in the Presidential and closely contested Senate and House races. Senate Republicans currently control 50 seats, and Democrats control 48 seats. The final two Senate seats in Georgia will be decided in a runoff election on January 5. Democrats need to win both Georgia seats for Vice President-elect Harris to break the 50-50 tie and give Democrats majority control of the upper chamber. Democrats retained control of the House of Representatives, albeit with a much narrower majority of only 14 seats. House Democrats lost seven incumbent seats, including Reps. Debbie Murcarsel-Powell (D-FL), Donna Shalala (D-FL), Xochitl Torres Small (D-NM), Collin Peterson (D-MN), Kendra Horn (D-OK), and Joe Cunningham (DSC). Democrats Kathy Manning (D-NC) and Deborah Ross (D-NC) picked up GOP-held seats in North Carolina (likely due to recent redistricting). As we go to print, the House ratio is 218(D) – 201(R) with 16 seats currently uncalled, or going to a run-off. Notably, a record number of Republican women and minorities will serve in the next House of Representatives, adding at least 13 seats to their ranks and bringing their total to 33. This may influence future Committee assignments (currently only one GOP woman, Rep. Jackie Walorski (R-IN) serves on the Ways and Means Committee, and there are no minorities). President Trump has not yet conceded the election, and is calling for recounts and investigations into claims of voter fraud. Reportedly, the Office of Management and Budget is moving forward with preparing a Trump administration FY22 budget proposal. President-elect Biden is proceeding with plans to transfer power on January 21, 2021. On November 9, Biden announced his COVID-19 Advisory Board led by co-chairs Dr. Vivek Murthy, former Surgeon General under President Obama; David Kessler, former head of the Food and Drug Administration under Presidents George H.W. Bush and Clinton; and Dr. Marcella Nunez-Smith with Yale School of Public Health. The Advisory Board will focus on executing Biden’s campaign proposals, guided by three principles: 1) Listen to science; 2) Ensure public health decisions are informed by public health professionals; and 3) Restore trust, transparency, common purpose and accountability to our government. The Advisory Board will address masks, vaccine distribution, vaccine prioritization, personal protection equipment, essential drugs and supplies, standards for reopening schools, and bolstering test and trace capacity.

AMRPA Magazine / December 2020

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