House Democratic majority off to a good start; approve the "For the People Act"

The new Democratic majority in the U.S. House of Representatives is off to a solid beginning in the 116th Congress.  Under the leadership of Speaker Nancy Pelosi (D-CA), the House, working in regular order through the committee system, is acting on a wide array of measures that are part of the legislative agenda on which Democrats regained control of the House for the first time since 2010.

The centerpiece of legislative action in the first three months is H.R. 1, the For the People Act, a major piece of legislation “with a focus on expanding access to the ballot box, ensuring complete transparency and reasonable limits in campaign financing, and demanding accountability from public officials.”  The bill was approved on a strict party line vote in the House and has been ridiculed by Senate Majority Leader Mitch McConnell (R-KY) as a “Democratic incumbent protection act.”  McConnell has also said the bill will not be considered by the Senate (“I decide what we vote on here.”).

The House passed H.R. 1 nevertheless serves as a marker for future reforms in our elections, campaign finance and government officials ethics, when the Democrats regain a majority in the Senate and again occupy the White House.  Major provisions of H.R. 1 include provisions to insure fair elections and foster greater participation, such as: 

  • automatic voter registration, 

  • expanded early voting, 

  • restoring voting for felons after sentences,

  • prohibiting voter rolls purges

  • providing federal financial support for improving election infrastructure.

H.R. 1 also includes campaign finance reforms, including:

  • restructures the Federal Election Commission to have five commissioners rather than the current four in order to break gridlock and enhance campaign law enforcement,

  • establishes a system of matching funds for small donations (up to $200) in federal races,

  • expresses Congress’ intent to crack down on the use of shell companies that facilitate the flow of foreign money into U.S. elections,

  • bans foreign money, requires disclosure of funding for online ads, requires all political organizations to identify large donors

  • calls for enactment of Constitutional amendment to nullify Citizens United Supreme Court ruling.

In a major breakthrough, H.R. 1 addresses Congressional gerrymandering by requiring all states to adopt independent redistricting commissions, along the lines proposed and supported by Fair Districts PA.

In the arena of ethics requirement reforms for government officials, H.R. 1:

  • prohibits members of Congress from serving on corporate boards,

  • bars Members from using taxpayer funds to settle employment discrimination, sexual harassment claims against Members,

  • requires Presidents to disclose ten years of tax returns,

  • strengthens Office of Government Ethics and tightens Foreign Agents Registration Act (FARA) rules,

  • creates a code of ethics for the Supreme Court.

Other Legislation Moving

House Committees have been busy holding hearings and marking up other major legislation.  True to her commitment on resuming the Speakership, Speaker Pelosi is giving committees free range to move on important items on the Democratic agenda.  She has also allowed members of both parties generous opportunities for offering amendments during consideration by the full House, for example 72 amendments were considered by the House during debate on H.R. 1.

House Committees will soon be reporting bills designed to lower prescription drug prices (H.R. 3); strengthen provisions of the Voting Rights Act (H.R. 4); protect LGBTQ individuals against discrimination in housing, employment, financial credit, education, and public accommodation (H.R. 5); provide a legislative fix for DACA and provide permanent residency for “Dreamers”  after two years of college, military service or steady employment (H.R. 6); and strengthen provisions requiring equal pay for women (H.R. 7).

In the area of firearms regulation, the House has passed two significant pieces of legislation: H.R. 8, the Bipartisan Background Checks Act, which requires background checks for private transactions and H.R. 1112, giving up to 10 days for the federal instant criminal check prior to a firearm sale’s completion.  Currently, if the federal check is not completed within three days, the transaction becomes final.

By any measure the first three months of Democratic control in the House have been productive.  It has also shown that the legislative process in the House can work.  Speaker Pelosi has a different sort of caucus behind her than she did during the years 2007 to 2011; Members are much younger, with less prior public service and are more determined to reform the way government and the house operate. The Speaker and her leadership team and committee chairs, all older and more experienced, are demonstrating that they can adapt and thus far, with occasional distractions, the Democratic caucus is pulling together.

GovernmentWilliam Gilmartin