Category Archives for Congress

“Georgia on My Mind”

Published by RINewsToday on March 29, 2021

Rewriting election rules has ramifications for voting accessibility of older adults. According to the National Conference of State Legislatures, Republicans now control 30 state houses with 18 being controlled by the Democrats, one legislature being nonpartisan. As the country looks at its election and voting rules, the background has been set for partisan politics of the highest order.

With this backdrop, legislation is being drafted to rewrite election laws. These steps could disproportionately impact minority communities. According to the New York City-based Brennan Center for Justice, as of Feb. 19, 2021, there are 253 bills with provisions that could restrict voting access pending in 43 states. More than a quarter of these voting and election bills address absentee voting procedures.

The legislation restricting voting includes creating stricter voter ID requirements, creating additional restrictions on voter registration, prohibiting the harvesting of ballots where a third party collects and delivers absentee ballots to the Board of Elections, reducing some opportunities to vote early, barring felons from voting, and reducing the number of polls. Some state legislatures are expected to re-draw legislative districts which could also have the effect of diluting voting power and representation of specific groups.

The Nation’s Long History of Absentee Voting

During the 2020 Presidential election, there were more than 50 challenges claiming electoral fraud and irregularities in absentee voting were made in various courts, but most not upheld. This method of voting has been around for hundreds of years, though it is more actively used today. In the past one had to attest to their physical inability to go to the poll or that they would be away from home on election day.

According to Becca Damanta, senior research associate of the Washington, DC-based Constitutional Accountability Center, a progressive think tank, the earliest record of absentee voting occurred in Dec. 1775 when a group of soldiers from the Continental Armory sent a letter to their town asking to absentee vote in a local election. At a meeting, the town agreed to count these votes “as if the men were present themselves,” says Damanta. Pennsylvania allowed soldiers to absentee vote during the War of 1812 but this law would be declared unconstitutional in 1862. She noted that New Jersey had a similar law dating back to 1815, but this law was repealed in 1820.

Damanta stated that the first major use of absentee ballots occurred during the Civil War when Wisconsin, before the 1862 midterm elections, enacted legislation to allow armory officers to conduct the vote in their camps and then forward the ballots to the governor and Secretary of State.

“By the 1864 presidential election, 19 Northern states had legislation allowing soldiers to vote away from home, either through polling places in the field or by mailing ballots home. Some soldiers were also allowed to vote by proxy whereby a soldier designated someone at home to cast his vote. By the time the election had concluded, about 150,000 of the 1 million Union soldiers voted absentee.

Damanta added: “After the Civil War ended, the states gradually passed new laws to expand absentee voting to civilians. Between 1911 and 1924, 45 of the 48 states adopted some kind of absentee voting. In some cases, these laws required voters to have a specific reason or excuse to vote absentee, such as travel or illness. Today, registered voters can vote absentee in all 50 states, though 16 states still required a documented ‘excuse’ to do so.”

The Importance of Casting a Vote by Absentee Ballot for Seniors

In a March 2021 issue brief, “The Importance of Mail-in Ballots to Seniors,” the Washington, DC-based National Committee to Preserve Social Security and Medicare (NCPSSM), noted that just before the COVID-19 pandemic, “five states were already holding entirely mail-in elections — Colorado, Hawaii, Oregon, Washington and Utah. Twenty-nine states and Washington, D.C., allowed ‘no excuse’ mail-in absentee voting. Sixteen states allowed voters to cast a ballot by mail if they had an excuse. In the 2016 presidential election, about one in four voters cast their votes via ballots mailed to them.”

According to NCPSSM, seniors like the ease and comfort of vote-by-mail. “Those who are immobile or sick can request mail ballots, as can those who cannot drive or lack access to mass transit. Mail ballots represent a way for those individuals to exercise their rights at election time in a convenient way, with over 60% of seniors age 65 and older living in states which currently use all mail-in voting systems support moving all elections to mail-in voting,” says NCPSSM’s issue brief. 41% of voters age 50-64 and 55% of voters over age 65 voted by mail in the 2020 election.

While some lawmakers alleged widespread absentee ballot fraud in the president 20020 election, NCPSSM cited studies that found vote-by-mail to be consistently free of fraud. “A Massachusetts Institute of Technology study says it found only 0.00006% of 250 million votes by mailed ballots nationwide were fraudulent. Additionally, scholars at Stanford University analyzing 1996-2018 data in California, Utah, Washington found vote-by-mail did not advantage one political party over another, noted NCPSSM.

In 2020, NCCPSM noted that many seniors took advantage of the easier voting when staying safe during the pandemic was a competing, if not greater concern. Voting-by-mail seemed destined to become a convenient choice liked by many, regardless of the inability to call close races on election night, with some races going to lengthy counts of ballots in boxes stored in a variety of locations. This election year was the most unusual ever, and standards were developed quickly in the year where a pandemic and presidential election were occurring simultaneously. It’s clear that if these practices are to become permanent, details should be shored up for security and confidence purposes.

At press time, while GOP-controlled state legislatures move to restrict voting on vote-by mail procedures, it becomes even more important now to be sure that while the security of the vote is shored up, the constitutional right to vote is not impeded – especially for the housebound, the frail, and the elderly.

Georgia Gov. Brian Kemp, signed S.B. 202, a 96-page bill that would shorten timelines, drop box restrictions, make it easier for state officials to have control of local election boards, ban third-party groups from sending absentee-ballot applications to voters, end the use of portable polling sites, and requiring a either a driver’s license or state ID or a photo copy of their identification to cast a mail in ballot. Water could still be available in a self-serve table, but no longer would be able to be given out by volunteers representing one candidate or another.  

After passage on March 25, Gov. Kemp stated, “I knew, like so many of you, that significant reforms to our elections were needed.”  He stated, “Georgia will take a step ensuring our elections are secure, accessible and fair. Republicans defend the law saying that it will preserve the state’s election integrity and root out election fraud. Some voting rights advocates view Georgia’s new law as a GOP attempt to influence an election by suppressing voter turnout, particularly from minorities. Stacey Abrams, founder of Fair Fight Action, stated, “Now, more than ever, Americans must demand federal action to protect voting rights as we continue to fight against these blatantly unconstitutional efforts that are nothing less than Jim Crow 2.0.” The Jim Crow comment has become a Democratic speaking point as it was later repeated by President Biden when referencing voter ballot changes.

Now, attention turns to Washington, DC to block GOP efforts to restrict voting in states by the passage of bills in state legislatures. The House recently passed H.R. 1, “For the People Act of 2021,” considered to be the largest overhaul of U.S. election law in a generation. The House proposal, now being considered by the Senate, can block state houses from taking steps seen as taking away the voting rights of their residents. Their legislative proposal contains a set of national mail-in voting standards, guaranteeing no-excuse mail-in voting. The act requires states to give every voter the option to vote by mail, calls for prepaid postage for all election materials and state-provided drop boxes for federal races.

Currently, 60 votes are needed to pass H.R.1’s Senate companion measure. President Joe Biden has indicated that he would support a change of current Senate rules to allow H.R.1 to pass by eliminating the filibuster that would reduce the number of votes for this legislation to pass. 

Stay tuned….

Whitehouse Pushes for COVID-19 Senate Proposal to Protect Residents, Employees

Published in the Pawtucket Times on March 1, 2021

As the one-year anniversary of the coronavirus disease (COVID-19) pandemic approaches, U.S Senator Sheldon Whitehouse (D-RI) joins Senators Bob Casey (D-PA), Raphael Warnock (D-GA), Richard Blumenthal (D-CT), and Cory Booker (D-NJ) in introducing a legislative proposal to save lives of nursing home residents and employees and assist with vaccinations.   At press time, over 1.3 million nursing residents and workers in long-term care facilities have been infected with COVID-19 and more than 170,000 have died so far, accounting for approximately 35 percent of COVID-19 deaths nationwide.

Taking a Close Look at S.333

Last week, S.333, “The COVID-19 Nursing Home Protection Act,” was thrown into the legislative hopper.  Initially introduced last Congress, the latest version, now being considered by the Senate Finance Committee, would provide funding to give nursing homes the needed resources to keep residents and workers safe; funding would go towards providing vital infection control assistance and organizing local health and emergency workers – known as “strike” or “surge” teams – to manage COVID-19 outbreaks and care for residents.  At this time no House companion measure has been introduced.

S. 333, introduced on Feb. 22, would provide $210 million for the Secretary of HHS to contract with quality improvement organizations to provide essential infection control assistance to nursing homes. 

Moreover, the legislative proposal would also send $750 million in funding to states to implement “strike” or “surge” teams. States are using “strike” or “surge” teams to ensure a sufficient number of aides, nurses and other providers are available to care for residents. Such teams also help manage COVID-19 outbreaks within a facility, particularly as vaccinations proceed in these settings. Since August, approximately 20 percent of nursing homes have reported each week that they do not have a sufficient workforce to care for residents.”

The impact of the pandemic has been devastating to minority communities, where reports have indicated that facilities serving significant numbers of Black and Hispanic residents were twice as likely to have COVID-19 infections. S. 333 would require the HHS Secretary to collect and make public demographic data on COVID-19 cases and deaths, including information on age, race, ethnicity, and preferred language. 

Whitehouse supports President Joe Biden’s call for the implementation of strike teams in his American Rescue Plan to help address these persistent shortages as well as the collection and dissemination of data on suspected and confirmed COVID-19 cases and deaths by race, ethnicity and preferred language.

Controlling COVID-19 Outbreaks in the Nation’s Nursing Homes

“Nursing home residents and staff have been through a traumatic year,” said Whitehouse who sites on the Senate Finance Committee.  “We need to prioritize vaccinating and caring for the Americans who live and work in these settings.  That means providing additional staff as needed to control outbreaks and making sure every resident and care worker who wants a vaccine can get one.,” said the Rhode Island’s junior Senator who has served since Jan. 4, 2007.

“As more than 170,000 residents and workers in nursing homes and other long-term care facilities have died from COVID-19, it is critical that Congress pass the COVID-19 Nursing Home Protection Act,” says Sen. Bob Casey, Chair of the U.S. Special Committee on Aging.

“This bill would address persistent staffing shortages in nursing homes by utilizing strike teams, promote infection control protocols and require that demographic data is collected on COVID-19 cases and deaths,” notes Casey.

Adds Casey, “The challenge this terrible virus poses are unprecedented and requires an immediate and extraordinary response. That is why my colleagues and I are advancing strategies to give states what they need – funding for ‘strike’ teams to help address staffing shortages in nursing homes and assist with vaccinations in these settings. We have an obligation to protect our most at-risk citizens.”

 “We applaud the efforts of Senator Whitehouse and his colleagues to provide funding for the protection of nursing home residents and staff,” said Scott Fraser, President and CEO of the Rhode Island Health Care Association, an affiliate of the Washington, DC-based American Health Care Association.  “We are especially pleased with the creation of strike teams to address the critical issue of staffing shortages during times of crisis.  This is a suggestion that RIHCA brought to Senator Whitehouse’s attention this past Spring when our homes were in critical need of additional staff due to the pandemic.  We thank him for listening and taking action,” he says.

At press time, 12 Democratic Senators join Sens. Whitehouse, Casey, Warnock, Blumenthal, and Booker, becoming cosponsors to this legislation.  They are: Sens. Maria Cantwell (D-WA), Bob Menendez (D-NJ), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Amy Klobuchar (D-MN), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Sherrod Brown (D-OH), Catherine Cortez Masto (D-NV), Jack Reed (D-RI), Maggie Hassan (D-NH) and Mazie Hirono (D-HI). 

A Call for Bipartisan Support

With the Senate now under Democratic control, there is a good chance that S. 333 will be considered by the Senate Finance Committee and if passed sent to the floor for consideration.   During the 116th Congressional session, the former Senate GOP Majority Leader, Mitch McConnell, of Kentucky, who often called himself the “Grim Reaper,” sent Democratic legislation to a legislative graveyard, refusing to act on Democratic legislation, even proposals with bipartisan support.

It’s time for Senate Republicans to support a Democratic proposal that protects the health and safety and the wellbeing of nursing home residents and workers in the nation’s 15,600 nursing homes. 

Partisan politics shouldn’t play a role in Senate Minority Leader Mitch McConnell’s decision to not urge his caucus to support this worthy legislative proposal.  S. 333 truly deserves bipartisan support and enactment, especially during the ongoing COVID-19 pandemic.

Cicilline Pushes for House Aging Committee

Published in Pawtucket Times on January 4, 2021

Yesterday, the 116th Congress came to an end, with the new Congressional session convening that day with the swearing in of lawmakers elected on Nov. 3, 2020.   Some political observers say that legislative gridlock during this Congress made it the least productive in the last fifty years.  GovTrack.us, reported that of 16,587 bills thrown into the legislative hopper, 252 became enacted laws, and 712 resolutions were passed.

During a Fox interview last February, Senate Majority Leader Mitch McConnell (R-Kentucky) candidly admitted he prevented the consideration of hundreds of bills passed by the House that were sent over to the Senate for consideration.   McConnell’s “Legislative Graveyard” created by his controlling the legislative agenda by blocking debate, markup and refusing to allow a vote on House proposed legislation, was widely reported by the media and documented in a 33-page report, “2020 Democracy Score Card,” released last September by Common Cause, a watch dog advocacy group.

The results of tomorrow’s Georgia Senate runoff will determine if the GOP can maintain legislative control of the Senate. If Senate Democratic candidates win their seats, the Senate Democratic caucus will have the majority with 50 Senate seats, with Vice President Kamala Harris having a tie breaking vote. But if McConnell, called “the Grim Reaper” by his critics, continues to maintains political control of the upper chamber, Democratic legislative proposals introduced to improve the quality of life of America’s seniors and to help those struggling to financially make ends meet, would be rejected.  

Legislative Proposals to be Reconsidered by New Congress

During the116th Congress, Washington, DC-based aging advocacy groups, including the National Committee to Preserve Social Security and Medicare (NCPSSM) , AARP, Social Security Works, Leadership Council on Aging, and National Council on Aging, pushed for passage of legislative proposals to enhance the quality of life of America’s seniors and to strengthen and expand Social Security and Medicare, to keep these programs fiscally sound.  As the new Congress begins, lawmakers might consider bringing back legislative proposals that were not enacted in the previous Congressional session because of a Republican-controlled Senate.  Here are a few legislative proposals that have some merit and I hope to see reintroduced this year:

Congressman John Larson (D-Conn.) called on Congress to finally address the Social Security “Notch” issue. By ignoring this issue, workers born in 1960 and 1961, would likely see lower Social Security retirement benefits in the future, charged NCPSSM.  Last session, Larson, who chairs the House Ways and Means Social Security Subcommittee, introduced the “Social Security COVID Correction and Equity Act,” to increase benefits for those born in 1960 and 1961 without impacting the benefits for any other beneficiary. 

Larson also introduced the “Social Security 2100 Act” to strengthen and expand Social Security.  The landmark legislation would keep the program financially healthy for more than 75 years, while boosting benefits for all retirees. Congress must work during the 117th session to protect and expand the nation’s Social Security program.

The late Maryland Congressman Elijah E. Cummings, Chair of the House Oversight Committee, introduced the “Lower Drug Costs Now Act” which the House passed last session, would allow Medicare to negotiate prescription prices with Big Pharma, which would save the government and seniors nearly $350 billion in drug costs. The bill would also expand traditional Medicare by adding dental, vision, and hearing benefits. 

Additionally, a bipartisan crafted bill, the “Prescription Drug Pricing Reduction Act,” introduced by Senators Chuck Grassley (R-Iowa), and Ron Wyden (D-Ore.), was not allowed to be considered on the Senate floor by Senate Majority Leader McConnell.  According to the Congressional Budget Office, this legislation would save taxpayers $95 billion, reduce out-of-pocket spending by $72 billion and finally reduce premiums by $1 billion.

Almost three months ago, the Social Security Administration announced that approximately 70 million Americans would see a meager 1.3 percent cost of living adjustment (COLA) increase to Social Security benefits and Supplemental Security Income.  With retirees experiencing financial difficulties during the pandemic, a $20 increase in their monthly check might not help them to pay for spiraling health care and drug costs, along with the expenses of purchasing personal protective equipment and cleaning supplies to keep them safe. 

Following the announcing of the 2021 COLA, Congressman Peter DeFazio (D-Ore.), chair of the House Transportation Committee, introduced the “Emergency Social Security COLA for 2021 Act” to provide Social Security beneficiaries with a 3 percent increase (or a $250 per month flat increase) which would reduce the impact of the small 2021 COLA increase. 

With COVID-19 quickly spreading throughout the nation’s nursing homes and intermediate care facilities, U.S. Senators Bob Casey (D-Pa) and Sheldon Whitehouse (D-R.I.), “The Nursing Home COVID-19 Protection and Prevention Act,” to provide needed resources to facilities to protect frail residents and staff. Residents in these facilities are among the most vulnerable because of their age and underlying medical conditions.  Days after the introduction of the Senate bill, Congressman David N. Cicilline (D-R.I.), signed on as a cosponsor of the House version.  

This legislative proposal would help states implement strategies to reduce the spread of COVID-19 in congregate settings, including through the purchase of personal protective equipment (PPE) and testing and to support nursing home workers with premium pay, overtime and other essential benefits.

New Push to Reestablish House Aging Committee

“After a lifetime of hard work, seniors should be able to enjoy their retirement years with dignity and peace of mind,” says Rhode Island’s Cicilline. “It’s the best way to secure the future of Medicare and Social Security, bring down the cost of prescription drugs, and find solutions for housing, transportation and long-term care issues that are especially important to Rhode Island seniors,” he says.

A long-time advocate for seniors, Cicilline announces in this weekly commentary his intentions of reintroducing a House resolution in the 117th Congress to reestablish the House Aging Committee

During the previous three Congressional sessions, Cicilline, representing the state’s first legislative district, introduced a House Resolution (just 245 words) to reestablish a House Permanent Select Committee on Aging. Two of the times a Republican-controlled House blocked consideration of the House Resolution. 

According to Cicilline, the House can easily create an ad hoc (temporary) select committee by just approving a simple resolution that contains language establishing the committee—giving a purpose, defining membership, and detailing other aspects.  Funding would be up to the Appropriations Committee. Salaries and expenses of standing committees, special and select, are authorized through the Legislative Branch Appropriations bill.

The previous House Aging Committee was active from 1974 to 1993 (until it was disbanded because of budgetary issues) put the spot light on an array of senior issues including elder abuse, helped increase home care benefits for older adults and helped establish research and care centers for Alzheimer’s disease.  

Cicilline noted that a House Aging Committee would perform comprehensive studies on aging policy issues, funding priorities, and trends.  Like its predecessor, its efforts would not be limited by narrow jurisdictional boundaries of the standing committee but broadly at targeted aging policy issues, he notes.

“I look forward to working with my colleagues on both sides of the aisle to get the job done,” says Cicilline.

Herb Weiss, LRI’12, is a Pawtucket writer covering aging, health care and medical issues. To purchase Taking Charge: Collected Stories on Aging Boldly, a collection of 79 of his weekly commentaries, go to herbweiss.com.

Updated on Jan. 4, 2021