US Policy Scan 2021

1 • US Policy Scan 2021 Introduction

Welcome to Dentons 2021 Policy Scan, an in-depth look at policy a number of Members of Congress and Senators on both sides of at the Federal level and in each of the 50 states. This document the aisle and with a public exhausted by the anger and overheated is meant to be both a resource and a guide. A preview of the rhetoric that has characterized the last four years. key policy questions for the next year in the states, the House of Representatives, the Senate and the new Administration. A Nonetheless, with a Congress closely divided between the parties resource for tracking the people who will be driving change. and many millions of people who even now question the basic legitimacy of the process that led to Biden’s election, it remains to In addition to a dive into more than 15 policy areas, you will find be determined whether the President-elect’s goals are achievable brief profiles of Biden cabinet nominees and senior White House or whether, going forward, the Trump years have fundamentally staff appointees, the Congressional calendar, as well as the and permanently altered the manner in which political discourse Session dates and policy previews in State Houses across the will be conducted. What we can say with total confidence is that, in country. We discuss redistricting, preview the 2022 US Senate such a politically charged environment, it will take tremendous skill races and provide an overview of key decided and pending cases and determination on the part of the President-elect, along with a before the Supreme Court of the United States. All with an eye measure of good luck, to achieve such ambitious goals. toward providing you with a clear, comprehensive and reader- friendly description of what US public policy will look like in 2021. Notwithstanding the expected changes in tone, tenor and approach to governance, unless President Biden proves to demonstrate truly The Dentons Public Policy Team hopes you find it helpful and extraordinary powers of legislative persuasion, to achieve even informative. limited policy objectives in the short term, the Biden Administration will likely have to embrace the executive order and rule making The official 116th Congressional stationary had barely made it to process, at least as vigorously as the Trump Administration did. the recycling bin before the 117th Congress gaveled in to session at noon on Sunday, January 3. With the, (while uncertified at the time of The President elect has outlined a number of these “Day One” our publishing, we believe imminent), Democratic victories in both priorities covering regulations touching energy, immigration, labor, January 5th Georgia runoff elections, as of January 20th, Democrats healthcare, and LQBTQ+ issues where he will undo the work of the will control the evenly split Senate for the next two years with Vice previous Administration. President Kamala Harris breaking ties, a development that will ensure for the first time in several years that bills reflecting Democratic Clearly, however, addressing the COVID-19 pandemic will take center policy priorities will reach the Senate floor for consideration. The stage in the administration and, in the near term will consume much 117th Congress will welcome a new Biden Administration on the 20th of the oxygen in the White House. The President-elect has laid out of the month, a White House that will be led by a President whose a 7-point plan to combat COVID-19 and named a team that will lead policy goals and approach to governance differ sharply from those his Administration’s response. He has warned Americans of a “Dark of President Trump. Winter” ahead and called for more Federal spending to supplement the December passage of the COVID-19 package that was included Disruption, and the often impulsive decision making of the Trump in the Omnibus appropriations bill. years, it would seem, will give way in the Biden White House to a far more data-driven approach with a renewed emphasis Congress will be similarly focused. With the margins between the on process. parties small in the Senate and historically small in the House, neither the Speaker of the House nor the Majority Leader of the Senate can The at times chaotic approach taken by Congressional afford much dissent within their ranks. Consensus within the House Republicans and the Trump Administration to accomplish policy Democratic caucus, let alone between the two sharply divided objectives over these last four years is likely to be replaced by a parties, will be very hard earned and often not possible. Given their far more familiar and conventional policymaking process, given surprising success in narrowing the House margins in 2020, the the deep wells of legislative and public policy experience of House GOP expects to return to the Speaker’s balcony as a result of the President-elect, his Chief of Staff Ron Klain and the many the 2022 midterm elections. In the interim, House Republicans will seasoned senior staff who will be assisting the new President. be seeking to exploit the Democratic majority’s need for near total Stumbles, with their associated chaos, of course, plague all solidarity to pass legislation in the House. incoming administrations regardless of party, experience and best intentions and a Biden White House is certainly While many may despair about the state of, and prospects for, not expected to be the exception to this rule. The essential political discourse and effective public policy in the United States, difference from the Trump years, however, is that the chaos won’t we are not as pessimistic. To that end, we conclude this introduction be by design. with a very wise reminder from the late Senator Robert Kennedy:

The President-elect says that he is committed to reducing partisanship, lowering the temperature of political discourse and “Democracy is messy, and it’s finding common ground with Republicans and Independents whenever possible. He pledges to use all of his many relationships on Capitol Hill, and to do everything within his power, to achieve hard. It’s never easy.” these ends. These are admirable goals that could resonate well with – Robert Kennedy, Jr.

2 • US Policy Scan 2021 02 … Introduction Contents 04 … Administration 05 … Biden Cabinet on 1 Page 06 … Cabinet Bios 08 … White House Senior Staff 12 … ‘09 / ‘17 Nominee Confirmation Timeline 14 … First 100 days 15 … Biden COVID-19 Task Force 16 … Campaign Promises to Keep 18 … 100 Days Priorities 19 … Policy in a Biden Administration 20 … Budget Reconciliation 21 … Policy Scan 34 … Trump Regulations In Early Jeopardy 37 … The Policy and The Players 42 … Congress 43 … The Senate Gang of 16 44 … Leadership 46 … House Committee Leaders 48 … Senate Committee Leaders 51 … Congress by the Numbers 54 … Senators in Cycle 55 … Redistricting Overview 58 … Meet the Freshmen 62 … Supreme Court 64 … A look at House Passed Legislation in the 116th Congress 67 … 50 state overview 69 … Attorneys General 71 … State Policy Scan 89 … Calendars 89 … Legislative Dates to Watch 90 … Congressional Calendar 91 … State House Sessions Calendar 92 … Dentons Dialogue 93 … Dentons Team

Editors’ note: We had planned to release this Policy Scan report on Thursday morning, January 7, but decided it would be callous and inappropriate to do so while democracy itself was under attack at the Capitol. On behalf of all of us at Dentons who know, love, and have had the privilege of serving at, the Capitol, we fervently hope that our country will never again be subjected to the chaos, violence and lawlessness we witnessed on January 6.

3 • US Policy Scan 2021 Administration

Biden Cabinet on 1 Page

White House Senior Staff

‘09 / ‘17 Nominee Confirmation Timeline

4 • US Policy Scan 2021 ADMINISTRATION Avril Haines Avril Director of Nat’l Intelligence Alejandro Mayorkas Alejandro Security Homeland Lloyd AustinLloyd Defense Raimondo Gina Commerce Pete Buttigieg Pete Transportation John Kerry John Special Presidential Envoy for Climate Michael Regan Michael Administrator EPA Denis McDonough Denis Affairs Veterans Janet Yellen Janet Treasury Vilsack Tom Agriculture Marcia Fudge Marcia Housing & Urban Development

CIA Director William J. Burns J. William Linda Thomas-Greenfield Linda US Ambassador the to UN Miguel Cardona Miguel Education Deb Haaland Deb Interior Antony Blinken State Xavier Becerra Xavier Health & Human Services Isabel GuzmanIsabel BusinessSmall Administrator Neera Tanden Neera White House OMB Director

DENTONS’ DEMOCRATS DENTONS’ CABINET-LEVEL OFFICIALS PRESIDENT-ELECT JOE BIDEN’S CABINET PICKS CABINET BIDEN’S JOE PRESIDENT-ELECT 5 • US PolicyScan 2021 Katherine Tai Katherine RepresentativeUS Trade Ronald Klain Ronald White House Chief of Staff Jennifer Granholm Jennifer Energy Merrick Garland Merrick General Attorney

Kamala Harris Kamala President Vice Biden Cabinet on 1 on Page Biden Cabinet Martin “Marty” Walsh “Marty” Martin Labor ADMINISTRATION COMMERCE ENERGY OF DEPARTMENT ATTORNEY GENERAL ATTORNEY Fmr. GovernorFmr. Jennifer Granholm Secretary of Energy Jennifer Granholm served as Michigan’s 47th governor for two terms. Previously, Granholm served as the Attorney General of Michigan. Granholm is a proponent for clean energy policy as an advisor the to Pew Charitable Trusts’ Clean Energy Program and as a professor at the University of California’s Goldman School of Public Policy. Granholm is affiliated with the California Institutefor Energy and Environment and the Berkeley Center for Information Technology Research in the Interests of Society, where she is a Senior Research Fellow. Martin “Marty” Walsh “Marty” Martin Secretary Of Labor Serves as the 54th Mayor of Boston, having served in office since 2014. He was previously a member of the Massachusetts House of Representatives, serving in that office from 1997 until 2014 and representing the Thirteenth Suffolk district. Merrick Garland Merrick General Attorney United States Circuit Judgeof the United States Court of Appeals for the District of Columbia Circuit. He has served on that court since 1997. On March 16, 2016, President Barack Obama, nominated Garland serve to as an Associate Justice of the Supreme Court fill to the vacancy created by the death of Antonin Scalia. spent having themselves Republicans Despite years suggesting Garland as an acceptable Democratic choice, the Senate Republican majority refused hold to a hearing or vote on this nomination made during the last year of presidency. Obama’s DEPARTMENT OF DEFENSE DEFENSE OF DEPARTMENT COMMERCE DEPARTMENT OF TRANSPORTATION Pete Buttigieg Pete Secretry of Transportation Pete Buttigieg served as the 32nd Mayor of South Bend, Indiana for eight years. Buttigieg was also an intelligence officer in the United States Navy Reserve who was deployed to Afghanistan in 2014, eventually earning the rank of Lieutenant. Gina Raimondo Gina Commerce Of Secretary Rhode Island’s 75th Governor and former Venture Capitalist, she is the first woman to serve as governor of Rhode Island. Before her election, she served as general treasurer of Rhode Island from 2011 2015 to and was the second woman hold to the office. General Lloyd Austin Secretary of Defense GeneralLloyd Austin was the 12th Commander of the U.S. Central Command, retiring as a four- star general in 2016 after more than 40 years of military service. He has also served as Chief of the Joint Operations, J-3, Joint Staff, and as Director of the Joint Staff. DEPARTMENT OF TREASURY Janet Yellen Secretary of Treasury Previously, she has served as the Chair of the Council of Economic Advisors, and Chair of the Federal Reserve. Yellen served as the Federal Reserve’s Vice Chair from 2010 to 2014 following an earlier term on the Federal Reserve Board of Governors. She also served as President of the Federal Reserve Bank of San Francisco and Chair of the Council of Clinton. President under Advisers Economic DEPARTMENT OF AGRICULTURE DEPARTMENT OF HOUSING HOUSING OF DEPARTMENT AND URBAN DEVELOPMENT Congresswoman Marcia Fudge Fudge Marcia Congresswoman Secretary of Housing and Urban Development Congresswoman Marcia Fudge has represented the 11th Congressional District of Ohio since 2008. Fudge currently serves on the Committee on House Administration, House Committee on Agriculture, and House Committee on Education and Labor. She is also a past Chair of the Congressional Black Caucus. She has served the state of Ohio for thirty years in roles such as a prosecutor and later the Mayor of Warrensville Heights, Ohio. Tom VilsackTom Agriculture of Secretary VilsackTom was the former Secretary of Agriculture for all eight years of the Obama- Biden Administration. He is also a former two-term governor of Iowa.

DENTONS’ DEMOCRATS DENTONS’ HEALTH AND HUMAN SERVICE HEALTH DEPARTMENT OF THE INTERIOR DEPARTMENT OF STATE 6 • US PolicyScan 2021 Xavier Becerra Becerra Xavier Secretary Of Health and Human Services Currently serves as the 33rd Attorney General of California. Previously, Becerra served twelve terms as a member of the U.S. House of Representatives, serving on the Committee on Ways and Means, Ranking Member of the Subcommittee on Social Security, and Chair of the House Democratic Caucus. Congresswoman Deb Haaland Deb Congresswoman Secretry of the Interior Congresswoman Deb Haaland currently serves as the Representative for the First District of New Mexico in the House of Representatives since 2019. She is one of the first two Native American women elected the to United States Haaland entrepreneur, former A Congress. served as Chairwoman ofthe New Mexico Democratic Party.

Tony BlinkenTony Secretary of State Blinken was a foreign policy advisor for the Biden campaign. Prior joining to the campaign, he served as director of Human Rights First. He served as Deputy National Security Advisor from 2013 2015 to and Deputy Secretary of State from 2015 2017 to under President Barack Obama. Blinken Mr. served for six years on Capitol Hill (2002 – 2008) as Democratic Staff Director for the U.S. Senate Foreign Relations Committee. Cabinet Bios Cabinet ADMINISTRATION DEPARTMENT OF SECURITY HOMELAND Alejandro Mayorkas Alejandro Department of Homeland Security Secretary Alejandro Mayorkas is a Cuban-American lawyer who served as the Deputy Secretary of the UnitedStates Department of Homeland Security from Dec. 23, 2013 Oct. to 31, 2016. DEPARTMENT OF VETERANS AFFAIRS Denis McDonough Secretary of Veteran Affairs Denis McDonough served as White House Chief of Stafffor President Barack Obama from February 2013 January to McDonough 2017. wasPrincipal Deputy National Security Advisor from September 2010 until February 2013. McDonough has served in senior leadership and policy-making positions in the U.S. House of Representatives, as Professional Staff Member on the International Relations Committee, and in the U.S. Senate, for the Senate Majority Leader Daschle Tom and for (CO). Salazar Ken Senator DEPARTMENT OF EDUCATION Dr. Miguel Cardona Miguel Dr. Secretary of Education MiguelDr. A. Cardona currently serves as He Education. of Commissioner Connecticut’s began his career as a fourth-grade teacher in Meriden’s public school system. Cardona Dr. became the youngest school principal in the state at age serving 27, in the position for 10 years before taking on a role as Assistant Superintendent for Teachingand Learning. 7 • US PolicyScan 2021 ADMINISTRATION Stuart Delery Deputy Counsel the to President Obama-Biden the During Administration, Delery served as Acting Associate Attorney General of the United States. Previously, Delery was the Senate-confirmed Assistant Attorney General for the Civil Division. He also served as Senior CounselorAttorney to General Eric the to Prior positions. other among Holder, Obama-Biden Administration, Delery was a partner at another DC law firm. Steve Ricchetti Counselor the to President Richettiis chair of the Biden campaign. He has served in multiple Democratic administrations, including as deputy assistant for legislative affairs and as deputy chief of staff toPresident Bill Clinton and as chief of staffto Vice President Biden from 2012 2013. to first-generation Americans 11% LGBTQ+ Almost 20% Dana Remus Counsel House White Remus served as General Counsel of the Biden-Harris Campaign. Prior that, to she was General Counsel of the Obama Foundation and President and Mrs. Obama’s personal Obama-Bidenthe office. During administration, Remus was the Deputy Assistant the to President and Deputy Counsel for Ethics. Bruce Reed Deputy Chief of Staff Bruce Reed was Vice President Joe Biden’s Chief of Staff from 2011to 2013 and served as a Senior Adviser the to Biden for President Campaign. Reed has spent 12 years working on domestic and economic policy in the White House, and served as President Clinton’s chief domestic policy adviser. He began his career as Senator Al Gore’s chief speechwriter and was deputy campaign manager for policy of the 1992 Clinton-Gore campaign. For the past five years, Reed has been Co-Chair of the Aspen Institute’s Future of Work Initiative and CEO of Civic. their more than 2x than more population the of proportion Jen O’Malley Dillon Deputy Chief of Staff Jen O’Malley Dillon is a veteran campaign staffer. She served as the Campaign Manager for the Biden-Harris campaign. She was the first female campaign manager for a campaign.successful presidential Democratic Mike Donilon Donilon Mike Senior Advisor the to President Mike Donilon served as Chief Strategist for the Biden-Harris Campaign, Previously, Donilon served as Counselor then-Vice to President Biden in the White House. Donilon has been a nationally recognized strategist, media consultant and pollster for nearly four . decades. 54% people color of

BIDEN-HARRIS HOUSE WHITE APPOINTEES & Pacific Islander & Pacific Asian American Asian women 61% DENTONS’ DEMOCRATS DENTONS’ WEST WINGWEST CABINET OBAMA TRUMP NOMINATION 8 • US PolicyScan 2021 Ambassador Susan Rice Director of the Domestic Policy Council Rice served as National Security Advisor from 2013-2017. She previously served as U.S. Permanent Representative the to United Nations and a member of the Cabinet from 2009-2013. Rice has also served President Bill Clinton as U.S. Assistant Secretary of State for African Affairs, Special Assistant theto President and Senior Director for African Affairs, and Directorfor International Organizations and Peacekeeping at the National Security Council from 1993-2001.

Ronald Klain Ronald White House Chief of Staff Post. Ron Klain served as the president- elect’s first Chief of Staff when he became Vice President (2009-11); Chief Counsel of the Senate Judiciary Committee during the president-elect’s tenure as Chair of the Committee (1989-92); and Policy Advisor on the Judiciary Committee staff (1986-87). Klain also worked as an advisor on President- elect Biden’s 1988 and 2008 Presidential campaigns. Senior White House Staff House White Senior ADMINISTRATION Ashley Etienne for Director Communications the Vice President Etienne served as Communications Director and Senior Advisor Speaker to of the House Nancy Pelosi. Etienne was Special Assistant to the Presidentand Director of Communications for the Cabinet in the Obama-Biden communications led also and administration on President Obama’s signature My Brother’s Keeper initiative. Mala Adiga Policy Director Jill Dr. to Biden Mala Adiga served as a senior advisor Dr. to Jill Biden and a senior policy advisor on the Biden-Harris Campaign. Previously, Adiga was Director for Higher Education and Military Families at the Biden Foundation. During the served in Adiga Obama-Biden administration, positions. leadership numerous Anne Filipic Filipic Anne Director of Management & Administration Filipic recently served as the Chief Program Officer Operating Chief the and Officer at the Obama Foundation. Prior joining to the Foundation, she led Enroll America. Filipic served as Deputy Director of Public Engagement in the Obama-Biden White House and Deputy Director of Intergovernmental Affairs at the U.S. Department of Health and Human Services during the Obama-Biden Administration. She also served as the Deputy Executive Director of the Democratic National Committee and on President Obama’s 2008 campaign. OFFICE OF THE FIRST LADY OFFICE OF THE VICE PRESIDENT Hartina Flournoy Flournoy Hartina Chief of Staffto the Vice President Tina Flournoy currently serves as Chief of Staffformerto President Bill Clinton. Priorto that, Flournoy was Assistant the to President for Public Policy at the American Federation of Teachers. Flournoy has held a number of positions in the Democratic Party over the past three decades, including serving as the head of Governor Howard Dean’s Democratic team. Committee transition National Julissa Reynoso Pantaleon Chief of Staff to JillDr. Biden Julissa Reynoso Pantaleon is a seasoned lawyer. During the Obama-Biden administration, Reynoso served as U.S. Ambassador Uruguay to and as Deputy Assistant Secretary of State for the Western Hemisphere in the U.S. Department of State. Danielle Conley Conley Danielle Deputy Counsel the to President Danielle Conley serves as Deputy on the Department of Justice Agency Review Team for the Biden-Harris Transition. She is a partner at a DC law firm where she co-chairs the firm’s Anti-Discrimination practice. During the Obama-Biden administration, Conley served as Associate Deputy Attorney General at the U.S. Department of Justice. Rohini Kosoglu Rohini Domestic Policy Advisor the to Vice President Rohini Kosoglu currently serves as Senior Advisor Vice to President-Elect Kamala Harris on the Biden-Harris Transition and Team previously served as Senior Advisor on the Biden-Harris Campaign. Before that, she was a Spring 2020 resident fellow at the Institute of Politics at the Kennedy School of Government at Harvard University. She served as Vice- President Elect Harris’ Chief of Stafffor her Senate office and laterfor her presidential campaign. Before that, she was Policy Director for U.S. Senator Michael Bennet of Colorado. Cathy Russell Director of White House Office Personnel Presidential of Ambassador Cathy Russell serves on the Advisory Board of the Biden-Harris Transition andTeam served as Vice Chair of the Biden- Harris Campaign. Before that, Ambassador Russell was a resident fellow at the Institute of Politics at the Kennedy School of Government at Harvard University. During the Obama-Biden for served Russell Ambassador administration, all eight years at the White House and the U.S. Department of State Annie Tomasini Director of Oval Office Operations Annie Tomasini serves as President Elect Biden’s Traveling ChiefTomasini of Staff. has served the Biden family for over a decade in several positions, including as Deputy Press Secretary for Vice President Biden and Press Secretary for Senator Biden when he was Chairman of the Senate Foreign Relations Committee. 9 • US PolicyScan 2021 Symone Sanders Sanders Symone Senior Advisor and Chief President Vice the for Spokesperson Sanders served as a Senior Advisor on the Biden-Harris campaign. Previously, Sanders then-presidential Sanders’ Bernie as served campaign. Before joining the Biden-Harris campaign, Sanders was a CNN political commentator and served as principal of the 360 Group LLC. Julie Rodriguez Julie Director of the White House Office of Intergovernmental Affairs Julie Chavez Rodriguez served as a Deputy Campaign Manager on the Biden-Harris Campaign. Previously, she was National Political Director and traveling Chief of Staff for then-Senator Kamala Harris’ presidential campaign. She served as California State Director in Harris’ Senate office. During the several held she administration, Obama-Biden roles. leadership Cedric Richmond Senior Advisor the to President and Director of White House Office of Public Engagement National Congressman Cedric Richmond was Co-Chairman of the Biden-Harris Campaign and is currently a Co-Chair of the Biden-Harris Transition Team. Since 2011, Richmond has represented Louisiana’s 2nd Congressional District in the United States House of Representatives. ADMINISTRATION David Kamin Deputy Director of National Economic Council David Kamin is Professor of Law at New York University School of Law. Prior joining to NYU, Kamin served in the Obama-Biden White House as Special Assistant the to President for Economic Policy and also worked as special assistant, and later adviser, the to Director of the Office of Management and Budget. He has also worked at the Center on Budget and Policy Economic for Committee the and Priorities Development. Ramamurti Bharat Deputy Director for the National Economic Council for Financial Reform and Consumer Protection Bharat Ramamurti is the Managing Director of the Corporate Power program at the Roosevelt Institute. He was also appointed in April serve to on the Congressional Oversight Commission for the CARES Act by Senate Minority Leader Chuck Schumer. Previously, Ramamurti was the top economic adviser to Senator Elizabeth Warren during her 2020 senior counsel and campaign presidential for banking and economic policy in her office. Senate Jake Sullivan National Security Advisor the to President Sullivan servesas a senior policy advisor for the Biden campaign and a contributor theto magazine Foreign Policy. He most recently served as a senior policy advisor on foreign policy matters 2016 to Democratic presidential candidate Hillary Clinton. He also wasthe director ofpolicy planning at the State Department during the Obama administration. ECONOMIC POLICY ECONOMIC NATIONAL SECURITYNATIONAL Brian Deese Director of National Economic Council Brian Deese will serve as Director of the National Economic Council. He is a former Senior Advisor President to Barack Obama. Obama-Biden the During Administration, he also served as Special Assistant the to President for Economic Policy after the 2008 financial crisis, as Deputy Director of the National Economic Council, and as Deputy Director and Acting Director of the Office of Budget. and Management Boushey Heather Member Heather Boushey currently serves as President & CEO of the Washington Center for Equitable co-founded she research non-profit a Growth, in 2013. Previously, Boushey served as an economist for the Center for American Progress, the Joint Economic Committee of the U.S. Congress, the Center for Economic and Policy Research,and the Economic Policy Institute. Nancy McEldowney Nancy National Security Advisor the to Vice President Ambassador Nancy McEldowneyserved for over 30 years in the U.S. Foreign Service, including as U.S. Ambassador Bulgaria to and as Chargé d’Affaires and Deputy Chief of Mission and in Turkey Azerbaijan. During her time at the Department of State, she served as Director of the Foreign Service Institute, also served as Interim President and Senior Vice President of the National Defense University. She has also been a policy advisor on Europe, including working for President Clinton as Director of European Affairs on the National Security Council staff, and as Principal Deputy Assistant Secretary of State in the Bureau of European and Eurasian Affairs. Jared Bernstein Bernstein Jared Member Bernstein served as Vice-President Biden’s Chief Economist during in the first years of the Obama-Biden Administration. He also served as chief economist then-Vice to President Biden in the Obama-Biden Administration before joining the Center on Budget and Policy Priorities, where he has served as a senior fellow since 2011. Jonathan Cedarbaum Cedarbaum Jonathan Deputy Counsel the to President and National Security Council Legal Advisor Jonathan Cedarbaum is a career litigator who most recently was Senior Counsel for Litigation for the Biden-Harris Campaign. During the Obama-Biden Administration, he served as Deputy Assistant, PrincipalDeputy Assistant, and Acting Assistant Attorney General for the Office of Legal Counsel. Elizabeth Alexander Alexander Elizabeth Communications Director for the First Lady Elizabeth Alexander served as Press Secretary thento Vice President Biden during the Obama-Biden administration. She has also served in the role of then-Senator Biden’s Communications Director on Capitol Hill. Alexander has been a federal prosecutor in the U.S. Attorneys’ offices Washington,in DC and served also as she where Virginia, Alexandria, a counselor the to U.S. Attorney for the Eastern District of Virginia. • US PolicyScan 2021 10 Ceila Rouse Rouse Ceila Chair of the Council of Economic Advisers Currently, Rouse serves as the dean of the Princeton School of Public and International Affairs. She formeris a member of the Obama-Biden Council of Economic Advisers and served as Special Assistant t in the National Economic Council in the Clinton Administration. If confirmed, she will become the first African American woman lead to the Council of Economic Advisers in years the 74 of its existence. John Kerry John Special Presidential Envoy on Climate John Kerry is an American politician and diplomat who served as the 68th United States Secretary of Statefrom 2013 2017. U.S. to He also served in the Senate from 1985–2013 and was the Democratic Party’s nominee for president in 2004. Anthony Bernal Senior Advisor Jill Dr. to Biden Anthony Bernal was Deputy Campaign Manager and Chief of Staff to JillDr. Biden on the Biden-Harris Campaign. Bernal has served as a trusted advisor and assistant the to Biden family for more than a decade. 2017 From to 2019, he served as Chief of Staff in the Office Biden.of Dr. He served for all eight years of the Obama-Biden administration in multiple roles. leadership ADMINISTRATION

LEGISLATIVE AFFAIRS TEAM Louisa Terrell Director of the White House Office of Legislative Affairs Louisa Terrell currently oversees legislative affairsfor the Biden-HarrisTransition Team. Terrell served as Special Assistant the to President for Legislative Affairs in the Obama- Biden administration. She has also held roles as the Deputy General Counsel and Head of Public Affairs at McKinsey & Company, Executive Director of the Biden Foundation, Senior Director for Federal Policy & Strategy at Yahoo!, and Director of Public Policy at Facebook. Ali Zaidi Deputy National ClimateAdvisor Ali Zaidi currently serves the state of New asYork Deputy Secretary the to Governor for Energy and Environment and Chairman of Climate Policy and Finance. He also is an adjunct professor at Stanford University on climate change. Zaidi co-founded Lawyers for a Sustainable Economy. During the Obama- Biden Administration, Zaidi served as Associate Director for Natural Resources, Energy, and and Management of Office the for Science Budget and as Deputy Director of Energy Policy for the Domestic Policy Council. Gina McCarthy McCarthy Gina National Climate Advisor Gina McCarthy served as the 13th Administrator of the Environmental Protection Agency, and is currently the President and CEO of the Natural Resources Defense Council. McCarthy was a professor at the Harvard T.H. Chan School of Public Health and currently serves as chair of the board of directors of the Harvard Center for Climate, Health, and the Global Environment. • US Policy Scan 2021 CLIMATE 11 Shuwanza Goff Deputy Director of White House Office of Legislative Affairs Shuwanza Goff served as Floor Directorfor the House of Representatives under House Majority Leader Steny H. Hoyer. Prior that, to Goff was Director of Legislative Operations for Representative Hoyer when he was minority whip. Goff has also served as Floor Aide, Floor Assistant, and Staff Assistantfor Representative Hoyer. Brenda Mallory Brenda Chair of the Council on Environmental Quality Brenda Mallory currently serves as Director of Regulatory Policy at the Southern Environmental Law Center. Mallory has also served as Executive Director and Senior Counsel at the Conservation Litigation Project. Mallory has served in both Democratic and as including Republican administrations, GeneralCounsel on the White House Council on Environmental Quality and as the Principal Deputy General Counsel at the Environmental Protection Agency during the Obama-Biden Administration. ADMINISTRATION CONFIRMED 28-Apr-09 10-Feb-17 20-Jan-09 2-Mar-17 20-Jan-09 7-Feb-17 20-Jan-17 24-Mar-09 27-Feb-17 2-Feb-09 8-Feb-17 20-Jan-09 24-Apr-17 RECEIVED 17-Mar-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-17 16-Mar-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 9-Mar-17 HEARINGS Attorney General Secretary of Energy Secretary of Defense of Secretary Secretary Education of Secretary of Commerce of Secretary Secretary Agriculture of 2-Apr-09 18-Jan-17 24-Jan-17 13-Jan-09 19-Jan-17 13-Jan-09 17-Jan-17 12-Jan-17 18-Mar-09 18-Jan-17 Jan 15-16, 2009 Jan 10-11, 2017 14-Jan-09 23-Mar-17 Secretary of Health & Human Services ANNOUNCED 2-Mar-09 29-Nov-16 11-Dec-08 14-Dec-16 15-Dec-08 1-Dec-08 23-Nov-16 6-Dec-16 25-Feb-09 30-Nov-16 1-Dec-08 18-Nov-16 17-Dec-08 19-Jan-17 voice vote

NOMINATION

Kathleen Sebelius Kathleen Tom Price Steven Chu Rick Perry Arne Duncan Arne Robert Gates Betsy DeVos James Mattis James Gary Locke Wilbur Ross Eric Holder Eric Jeff SessionsJeff Tom Vilsack Tom Sonny Perdue Sonny • US PolicyScan 2021 A new President doesn’t get his full Cabinet on day one. The Senate has the Constitutionally directed responsibility directed has Constitutionally one. the Cabinet The get full on his Senate doesn’t day President A new and (red) Trump the for and took consent” it nominations. Below look time the we at “advice on Presidential to Teams. respective their fill to Administration Obama(blue) DENTONS’ DEMOCRATS DENTONS’ CABINET OBAMA TRUMP NOMINATION 12

for Trump and Obama and Trump for Cabinet Nominations Timeline Timeline Nominations Cabinet ADMINISTRATION CONFIRMED 20-Jan-09 13-Feb-17 26-Jan-09 13-Feb-17 22-Jan-09 31-Jan-17 21-Jan-09 1-Feb-17 20-Jan-09 27-Apr-17 20-Jan-09 1-Mar-17 22-Jan-09 2-Mar-17 20-Jan-09 20-Jan-17 RECEIVED 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 7-Mar-17 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 20-Jan-09 20-Jan-17 HEARINGS Secretary of State of Secretary Secretary of Labor Secretary of Interior Secretary of Treasury 14-Jan-09 1-Feb-17 21-Jan-09 19-Jan-17 21-Jan-09 11-Jan-17 13-Jan-09 11-Jan-17 15-Jan-09 22-Mar-17 15-Jan-09 17-Jan-17 13-Jan-09 12-Jan-17 Secretary Transportation of 15-Jan-09 10-Jan-17 Secretary of Veterans Affairs Secretary of Homeland Security Secretary of Housing & Urban Development ANNOUNCED 7-Dec-08 11-Jan-17 24-Nov-08 30-Nov-16 19-Dec-08 29-Nov-16 1-Dec-08 13-Dec-16 17-Dec-08 16-Feb-17 17-Dec-08 15-Dec-16 13-Dec-08 5-Dec-16 1-Dec-08 12-Dec-16 NOMINATION Eric Shinseki Eric David Shulkin David Timothy GeithnerTimothy Steve Mnuchin Steve Ray LaHood Ray Elaine ChaoElaine Hillary Clinton Rex Tillerson Rex Ken Salazar R. Alexander Acosta Ken Salazar Ryan Zinke Shaun Donovan Shaun Ben Carson Ben Janet NapolitanoJanet John Kelly • US PolicyScan 2021 13 First 100 days

Biden COVID-19 Task Force

Campaign Promises to Keep

100 Days Priorities

14 • US Policy Scan 2021 FIRST 100 DAYS rmer Obama White House Aide o Dr. JillDr. Jim COVID-19 Response Team Executive director at the Navajo Nation Department of Health Dr. ZekeDr. Emanuel Team Response COVID-19 F Dr. HeleneDr. Gayle COVID-19 Response Team CDC OfficialFormer Dr. Marcella Nunez-Smith Marcella Dr. COVID-19 Response Team Yale University Associate Professor Medicineof mandatory in their states/cities mandatory in their states/cities the US across case rates COVIDˆ19 reduce to of his presidency 100 days „irst for on disparities in the public health response on disparities in the public health response in speci„ic zip codes Global Health Security and Biodefense Implement mask mandate • masks make and mayors • that governors and advocate Support national mask mandate a mask wear American to Biden announced that he will ask every On December 3rd, Protect high-risk and elderly individuals Protect • recommendations develop to and ethnic disparities task racial force • Establish COVIDˆ19 local transmission Americans can detect where Dashboard Pandemic a Nationwide Develop eorts biodefense nationwide Reestablish • for House National Security Council Directorate White • the Obama-Biden’s Restore the pandemic to global response coordinate with the WHO to US relations Reestablish One thing I promise you about my leadership leadership my about you I promise thing One you to it tell to going I’m crisis: this during And truth. the you tell to going I’m straight. in days darkest Our truth: simple the here’s not us, of ahead are Covid against battle the Biden Elect – President us,” behind 7 5 6 Dr. JulieDr. Morita Team Response COVID-19 Commissioner Chicago Health Former Dr. CelineDr. Gounder COVID-19 Response Team New University York Medical School Professor Assistant Jane Hopkins Jane COVID-19 Response Team Worked for more than 20 years as a bedside nurse and has a long history in union work Dr.David Kessler Dr.David COVID-19 Response Team for Commissioner,Center FDA Former Science in the Public Interest Director Dr. Margaret Hamburg Margaret Dr. COVID-19 Response Team Commissioner FDA Obama Former the nation and types of tests developed/administered (at-home and rapid tests) and rapid (at-home the nation and types of tests developed/administered and test at risk populations bars, restaurants, schools, gyms etc. schools, gyms etc. restaurants, bars, budget shortfalls prevent fund to and establishing package renewable relief coronavirus by fully utilizing the Defense Production Act Act Production fully utilizing the Defense by

Scale up testing • number of testing sites across increasing by testing regular • cost-free, Enhance access to contact trace to public health help with local eorts oicials to least at 100,000 Mobilize Provide federal health recommendations and resources health recommendations federal Provide • local businesses, • open/close states of when to and localities on criteria Clear CDC guidance for pass another to with Congress working by and local governments state to „inancial relief Provide Develop an equitable vaccine allocation plan an equitable vaccine Develop • • free Americans for and distribution to manufacturing vaccine billion for $25 Invest public review for report write sta to public and career clinical data to vaccine Release Ensure adequate PPE supply Ensure • national stockpiles • meet demand and restore and other PPE to of masks Scale up production American independence ensure capacity to Enhance domestic manufacturing

• US PolicyScan 2021 1 2 3 4 THE COVID-19 RESPONSE TEAM THE BIDEN-HARRIS 7-POINT PLAN COVID-19 TO BEAT 15 Dr. David Michaels David Dr. COVID-19 Response Team Epidemiologist and professor at the Milken Institute School of Public Health University Washington George at Dr. NicoleDr. Lurie COVID-19 Response Team Former Obama HHS Assistant Sec for Preparedness Dr. VivekDr. Murthy COVID-19 Response Team General Surgeon Former DENTONS’ DEMOCRATS DENTONS’ Biden COVID-19 Taskforce COVID-19 Biden The Biden-Harris 7-point plan to beat COVIDˆ19 plan to The Biden-Harris 7-point FIRST 100 DAYS ld a meeting leaders with Salvador, El from authorize the Violence Against Women Act e Attorney Generale Attorney will be tasked producing with d the National Emergency allows that federal dollars d refugee bans. view current federalview current housing policies ensure they to view the countries listed under Temporary ose the “Charleston loophole” be allows that firearms to rect the Secretaryrect Housing of and Urban Development purchased the background required checks before have completed. been recommendations on how the Bureau Alcohol, of Tobacco, Firearms, and Explosives could be better help enforce to gun laws. leadto will ask a task that and mayors other force elected officialsto detailthey what believe could housing make everyoneavailable for in their communities. The report would be due within 100 days. Re from the Departmentfrom Defense of build the to U.S. and Mexico border wall. En Re Ho Guatemala, Honduras, Mexico, and Canada, address to driving and migration the factors propose a regional solution. resettlement Re Cl Th Di “housingapply Biden’s to first” approach and review homelessness assistance and grants the results they communities. to provide can En Protected Status.

HOUSING GUN SAFETY • • • • • • • • • ress the Dreamers question. Dreamers the ress

st a climate worldst a climate summit and discuss leaders with of ve the Officeve of TechnologyScience andPolicy gin rolling backgin rolling deregulatory Trump-era rules joining the Paris Agreement. d the current asylumd the current policies in place. verse Trump’s public charge rule denies that permanentverse Trump’s eate a cabinet-level working group to promote union promote a cabinet-level workingeate to group ing back case management programs while seeking to

the major carbon-emitting countries join the United to in makingStates pledges limit their carbon to footprint promised. already they what beyond residency legal to immigrants use if they food stamps, Medicaid, housing vouchers, other or any public benefits. Re Br detentions. prolonged ease Add En organizing and collective bargaining in the public and sectors, while private also looking a solution at will that increase union density and address economic inequality. The will also team numerous with work unions and trade associations expand bargaining to efforts. Cr Be emissions. GHG on Ho Re Ha a reportcreate identifying and strategies climate technologies quality air and water improve in to communities. underfunded • US PolicyScan 2021

IMMIGRATION LABOR CLIMATE CHANGE CLIMATE • 16 • • • • • • • • Joe Biden will not be as productive as FDR. But for posterity’s sake, below is a catalogue of Candidate Biden’s 100 Biden’s below is a catalogue Candidate sake, of as FDR.Joe posterity’s But be Biden for not as productive will and press conferences. postelection trail the from promises Day Candidates for the Office of the President often cite the “First 100 Days” as the time they will realize their legislative their legislative realize will they time the theas 100 “First oftenDays” Officecite the thePresident of for Candidates Delano Roosevelt began Franklin goals. after days those seldom first It with The happens fascination fast. that ruins andFDRvanishing,in jobs theDepression.thesystem financialof Great With tumult officethe amid entered in economic the curb swore He suffering. to bureaus passing and work establishing government laws new set to New out office Deal the in and 100 began – first his in days rolling law, Cabinet once, into at bills signed 76 entire his been measured have against. since, presidents all ever that, and productivity activity a frenzy of

DENTONS’ DEMOCRATS DENTONS’ First 100 Days Campaign Promises Campaign Days 100 First FIRST 100 DAYS cus federal violence help resources prevent to against ss the Equality Act, which prohibits discrimination based Pa identity. gender and orientation, sexual sex, on Fo women transgender on focusing women, transgender of color. • US PolicyScan 2021

LGBTQ+ COMMUNITY 17 • • FIRST 100 DAYS POLITICAL/GOVERNMENT REFORM POLITICAL/GOVERNMENT REFORM EDUCATION Pass H.R. 1, the For the People Act • The bill would establish a national voter nonpartisan establish program, registration congressional redraw commissions to maps, and create a public financing system other among campaigns, federal for provisions Act Higher Education the Reauthorize Additional • Higher Act Aim the through education legislation would attempt to make four-year public universities debt-free for low-income families IMMIGRATION REFORM IMMIGRATION ADDRESSING THE CORONAVIRUS PANDEMIC CORONAVIRUS THE ADDRESSING PRIORITIES LEGISLATIVE ADVANCING A comprehensive immigration deal, such as the 2013 deal that received 68 votes in the Senate, could become a topic of debate in the 117th Congress • Sens. Graham and (R-SC) Rubio (R-FL) were involved in that effort Passing a major stimulus bill • Creating a nation-wide testing strategy • distribution and development vaccine Managing Climate change and infrastructure • Political reform (H.R. reinstating 1), the Voting Rights Act • Health care reform TAX REFORM TAX HEALTH CARE REFORM CARE HEALTH Increase corporate tax from rate 21% to 28% • Create manufacturing repatriation tax income top-bracket Increase • incentives rate tax Pass H.R. 3 and H.R. reduce 1425 to drug prices and expand coverage under the ACA attempt legislation would health Additional • address option, insurance public a create to surprise billing, and reinstate funding for health reproductive

2022 ELECTIONS 2022 CORONAVIRUS RELIEF CORONAVIRUS IMMIGRATION REFORM IMMIGRATION CLIMATE CHANGE/INFRASTRUCTURECLIMATE REVERSING TRUMP ADMIN POLICIES ADMIN TRUMP REVERSING FILLING HIS CABINET HIS FILLING The 2022 Senate election cycle is set be to competitive with at least five GOP senators in competitive races (WI, FL, MO, OH, AK), in addition potentialto GOP retirements states in key • Senate Republicans could focus on signature issues bolster to these candidates and appeal voters to Although some relief was passed as part of a larger spending deal, Sen. Majority Leader Mitch McConnell (R-KY) has indicated that an additional deal could come about in early 2021 Pass an immigration reform bill with a path citizenshipto for some undocumented residents • Codify protections for children who came the to Untied States illegally from deportation Infrastructure/stimulus bill that makes significant investments in renewables, electric vehicles, grid modernization and other clean infrastructure, while promoting to Legislation justice. environmental the decarbonizing for target a establish electricity sector Start the process of rejoining international orgs: Paris Climate Accord, WHO, Iran nuclear deal • Reverse orders on immigration, reproductive health and civil rights • Because Dems won the Senate, Congress could use the reverse Congressional to Act policies Review National security positions (Defense, CIA, DHS) usually confirmed first • The rest of the cabinet will likely be filled faster with a Democratic Senate • US Policy Scan 2021 DENTONS’ DEMOCRATS DENTONS’ POTENTIAL REPUBLICAN LEGISLATIVE PRIORITIES FOR THE FIRST 100 DAYS POTENTIAL DEMOCRATIC LEGISLATIVE PRIORITIES FOR THE FIRST 100 DAYS ADMINISTRATION PRIORITIES FOR THE FIRST 100 DAYS

18 First 100 Days Priorities Days 100 First Policy in a Biden Administration

Budget Reconciliation

Policy Scan

Trump Regulations In Early Jeopardy

The Policy and The Players

19 • US Policy Scan 2021 POLICY IN A BIDEN ADMINISTRATION However, up until now, the Senate was precluded now, up until from However, budget in provisions spending and non-tax including reconciliation legislation. The so called named “Byrd rule,” Senator Virginia after West Robertthe late (D), C. Byrd fast- this in legislation non-budget extraneous, prohibited procedure.track In other the words, Senate could not include legislation on criminal environmental justice reform, in this type etc., legislation. of policy, foreign laborlaw, policy, If the Senate did, the provisions could be struck any by Senator unless the 60 it with Senate approved votes. But given the Senate Democrats’ the with way frustration Senator McConnell Mitch has run the chamber the past for six years and the likelihood he that and other Republicans will filibuster some or and all President of COVID-19 Biden’s economic agenda, it is possible Senate that Democrats, if in the majority in 2021, willchange allow the “Byrd rule” to fast- the in included be to legislation prohibited previously process. track Enacting most, if not President all, of agenda Biden’s could lead either to one massive budget reconciliation bill—or them. of several some There are Senate Democrats who change to would the prefer budget reconciliation process instead eliminating of the filibuster on normalthis way, legislation.

• US Policy Scan 2021 DENTONS’ DEMOCRATS DENTONS’ *As of the*As date of publication Senate - 2 GA races in the Democratic win column have be yet to certified. 20 Since then, the process has become a legislative of more process get congressional to priorities passed without having deal a filibusterto with and open debate in the Senate. Congress used pass this tactic to a portion the of Affordable Act, theCare 2017 tax cuts, and repeal in an attempt the to Act. Affordable Care Congress used this process reduce times several the to Congressdeficit 1980 from in 1997, 1993. through However, began process use the decrease to fast-track not just to the deficit both but increase also the to it. first For time, in 1997, the House and Senate used cut taxes along it to some with spending cuts. In 2001, Congress used enact it to the so called “Bushtax cuts” no with spending cuts. The original thought Congress was that would, early in passbudget a the year, plan called that a deficit for target be met.to Then it would pass its spending bills and other legislation and, the in the Congressional fall, Budget Office would assess whether Congress met its deficit target. If Congress short fell the of target, it could use the budget reconciliation process enact to tax and spending in a laws process, meetfast-track to deficit that target. Congress did use it, to butnot it had have do the option so. to When Congress the budget created reconciliation process Budgetin the landmark Act, it was designed 1974 help to passlawmakers legislation would that reduce the deficit. The authors the knew of Act how difficult cutting spending and raising taxes was under the normal legislative process so they process. this fast-track created

With Joe Biden in the White House and the Democrats barely in control of the Senate and House, it is likely that that and House, Senate is the likely it of Joe HouseWith control in Biden and Democrats the White barely the in called to budget procedure reconciliation Democratic congressional leaders use a confusing, will fast-track pass some type tax-and-spending and of is package. Senate the type This in legislation cannot of be filibustered under this scenario, words, Democrats couldother pass In a packageof to changefloor. the on Senate difficult the both in majorities narrow the But with either in chamber. Republican votes andtax spending any without laws Biden and House, be the President and congressional challenging the will Senate it for Democratic leadership to come a tax-and-spending support with garners up package the that 100 Democratic senators the of of percent Biden President and that Democratic House the of is likely percent it members.and these 97 realities, with Faced rules only apply And fast-track the measure. less controversial congressionalDemocrats pursue a smaller, would police reform, reform, policy legislation, such and as spending) immigration legislation and to not budget (taxes to and changes safety gun technology in policy. rights, voting Budget Reconciliation* POLICY IN A BIDEN ADMINISTRATION

CANNABIS When it comes cannabis to and Joe Biden, it is important rememberto he that chaired the Senate Committee on the Judiciary during the height the on of war drugs and the enactment the of 1994 Crime Bill which critics laid say massthe groundwork for incarceration. Although Biden has recently said made mistakes were bill in that regarding equity in drug sentencing, the bill its expansion with mass of momentincarceration was a key in the escalation the of onwar drugs—and illicit reflected for drugs, dislike Biden’s including cannabis. With this as background, it should come as no surprise a majority with even that Americans of favoring legalization cannabis, of the Democratic platform does not call full legalization. for Pre-pandemic, 2020 was looking the cannabis year that like legalization would double its foothold in and the states gain needed permissions accelerate the at federal to level the industry’s disrupted growth. those COVID-19 plans, with legislativeto state shortened effortsseveral falling prey legislative sessions, ballot stalling initiatives when signatures could no longer be gathered, and federal even effortsto allow the cannabis industry access the banking to failing to system gain the needed traction pass. to Despite these setbacks, four South and Arizona Dakota, Montana) Jersey, (New states more passed legalize ballot cannabis to initiatives adult-use, for and conservative even Mississippi a ballot approved measure for Farmworkers Act. Farmworkers for Administration. The Biden Administration plans to conduct conduct to plans Administration Biden The Administration. Administration’s a comprehensive the of Trump review butthat it is Bidenunlikely tariffs andteampolicy, histrade will immediately lift the of existing tariffs any against China or the Section 232 steel in and aluminum tariffs. However, existing UStime, revisions tariffs to policy underthe Biden couldAdministration result in corresponding the US for relief industryagriculture the or of relaxation in the lifting form of certain countermeasures. retaliatory Immigration / Protections Workers for Farm The Biden Congress with work is Administration very to likely expandin an effortto immigration and laborfor protections agricultural This include workers. will likely development by the Biden a proposed of Administration legalization path to agricultural as workers, for well as the Biden House’s White Fairness the of passage and reintroduction the support for

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ AGRICULTURE 21 Much the US aid the sector agriculture of to Trump-era was intended offsetthe to retaliatoryimpacts of countermeasures in response wide-ranging to tariffsTrump imposedtheby Trade The Biden-led House White the prioritize expansion will likely nutritionof assistance and food security programs. Moreover, Vice and Biden President-elect which on platform the President-elect Harris calls family of ran the protection for farms, including ownership the limitation foreign of US of farmland and an increase in subsidies support to small- and operations. farming mid-sized Food Security Food sector technologies the pursuit promote Democrats’ of to ambitious climate-related goals the industry. for In pursuit be what of will likely agenda, a robust climate the Biden support will Administration likely research and the in investment, strong other among development, agriculture advanced of deployment and development Innovation The Democratic Party’s 2020 platform includes a zero emissions goal agriculture. The for Biden Administration’s focus on the decarbonization the of US food and agriculture resultsectors in increased will likely regulatory and stakeholders. industry agriculture for burdens compliance Climate Change Many of the of Many leading industry agriculture advocates and supporters within the House and SenateDemocratic Caucuses signaled have the that subsidization the of US in the tenure sectoragriculture during President Trump’s HouseWhite is wholly unsustainable. In short, many industryagriculture stakeholders could face reckoning a under the new Biden a dramatic of in Administration the form reduction in much the of federal aid has that flowed the to industry the last over years. four Nevertheless, President- elect selection Biden’s former of Secretary Agriculture of Vilsack reprise his as role to the headTom the of US Department means likely Agriculture of agriculture that and food policy issues champion a strong will have within soon-to-be President inner Biden’s circle. Policy ScanPolicy POLICY IN A BIDEN ADMINISTRATION ENERGY AND THE ENVIRONMENT In his nomination acceptance speech on the first night the of Democratic National Convention, Joe Biden listed climate change as one crises “historic” the of four facing the US, along Early Childhood Education Democrats ensureaccess to want high-quality, affordable to child and care universal preschool three- for and four-year- olds investment, expanded greater through tax credits and sliding-scale subsidies. In addition advocating quality to for child-care standards and a well-trained and -compensated collectivelyworkforce the with to right bargain, support they funding community and pediatrician health centers offices a highwith percentage Medicaid of andCHIP patients ensure adequateto support during early-childhood- development. They would also in building invest energy- safe, efficient, developmentally child-careappropriate facilities, home- for funding double and workplaces, in including programs. visiting Education K-12 Biden triple Title would I funding (i) districts and require use theto funds offer competitive to salaries and make other increase critical access investments; (ii) mental to health professionals in schools, and colleges with work to expand the pipeline these of professionals; fully fund the (iii) Individuals Disabilities with Education (IDEA) Act roughly by tripling levels funding, current of phased a decade; in over (iv) increase funding address federal infrastructure to pandemic- healthrelated risks, among address a $23 other things; (v) billion funding gap between and non-white white districts, teacher improve and strategies desegregation pursue in and invest expanddiversity the allowable ; (vi) use Pell of andgrants other high-quality vocational programs; training teachers sure make receive a competitiveand wage (vii) and benefits, and simplify Public Service Forgiveness Loan (PSLF) help outto young teachers. Higher Education Democrats support double (i) funding and Pell grants for halving payments on federal student loans; borrowers making less than $25,000 payments would any not owe and others, for payments would be capped 5 percent at of discretionary income, complete with loan forgiveness after a “Title creating postsecondary (ii) 20 years; I for education” schools four-year under-resourced at students help to complete their degrees; establishing (iii) a fund schools for serving poor students billion and in $70 HBCUs invest and collegesother cracking MSIs; down on for-profit (iv) and lenders private making profiteering (v) offof students; two communityyears of college and free allowing students to use federal child aid for transportation, care, housing, (vi) etc.; making public colleges families for incomes free with under community for program grant $125,000; create and (vii) colleges focused on boosting teacher graduation rates, infrastructure. and development • US PolicyScan 2021 EDUCATION 22 Democrats will increase funding for K-12, make early make educationDemocrats will increase funding K-12, for affordablemore and accessible,the to andattemptmake first two community years of college They free. will also place an emphasis on technical courses, training registered apprenticeships, and trade school in lieu college. of This amendment the appropriations to bill expands and from Justice of Department the on prohibition the continues medicalinterfering both with state and adult-use cannabis medicalprograms. State cannabis been have laws protected a similarthrough amendment since 2014. House Amendment 398 (Blumenauer-McClintock- 398 Amendment House Norton Amendment) H.R. to 3055 (Further Continuing Appropriations Act, 2020, and Further Health Extenders Act 2019) of Widely considered the piece of federal legislation most most legislation federal of piece the considered Widely in 2020, the move bill would the cannabis give to likely industry access the banking preventing to by system punishing from financialfederal regulators institutions services providing for cannabis-related to businesses operating in compliance laws. While state with cannabis industry as advocates part hoping approval were late for a COVID-reliefof a more for package, wait to will have they comprehensive bill next session. H.R. 1595, S. 1200 – SAFE Banking Act 2019 of The bill would federally decriminalize and deschedule cannabis, set thus their allowing to policies. own states It also emphasizes social equity justice for and restorative communities impacted cannabis by prohibition. The House passed the measure setting a new mark high-water for cannabis legalization 2021. going into H.R. 3884, S. 2227 Marijuana – Opportunity Reinvestment and Expungement (MORE) Act 2019 of Major Federal Bills While Vice President Biden embrace has to legalization, yet he does supportdecriminalization possession, of expungement criminal of records, and letting decide states whether legalize cannabis to within their borders. His running Sen.mate, Harris, is not only a supporter legalization of but the lead sponsor the of MORE Act. If Congress manages legislation comprehensive more or Act MORE the move to decriminalizing cannabis the at federal President level, Biden will not champion the legislation, but he signwill likely it. to make medical make to House marijuana available. Federally, leaders on delivered the Marijuana on their vote promise to Opportunity Reinvestmentand Expungement (MORE) Act, passing the bill 228-164. Although the measure was not taken the Senate,up the by House was the first action taken vote eitherby chamber end the to federal prohibition on cannabis, and sets the stage action for in 2021. POLICY IN A BIDEN ADMINISTRATION Incentives: While Incentives: the end-of-the-year spending power effectively more thediscipline CFPB to ergy Innovation: As demonstrated the passage by able antitrust regulators to review all mergers review able to antitrust regulators eate a publiceate credit reporting agency will be that used ovide real-time payment and systems bank accounts ovide banking services the through USPS and acquisitions place took that under the Trump administration (Fed accounts) the through Federal(Fed Reserve Cr all federalby lending programs Em bad actors En package temporarily extended a variety energy of tax provisions, the measure did the not long-term provide certainty the incentives As as such, to industry. for a Biden long- on together work could Congress and administration extensions,term expansion existing credits of and new incentives energy for storage. Pr Pr Tax En 2020, the of of is Energy there Act bipartisan agreement among Republicans many and Democrats support to energy the through innovation funding emerging of technologies, such as advanced nuclear reactors, carbon and capture energy storage.

FINANCIAL SERVICES • • • • • Democrats will pursue policies intended increase to access bankingto products low-income for Americans. They will also push the a public creation of for credit reporting bankingagency, access marijuana for businesses in states where the drug is legal, and the establishment banking of services the through US Postal Service However, (USPS). Republican narrow with the of control Senate, Democrats will find it challenging put let on the to Senate even floor, alone pass, financial controversial any services legislation. As is a former that Delaware, historically senator from a state very friendlycorporations, to Joe Biden has a moderate taken stance and on on corporate governance credit reform card issues. Nonetheless, the with Supreme Court having ruled monthsseveral ago the the that president remove is to free the of Consumerdirector Financial Bureau (CFPB) Protection without cause, Kraninger CFPB Kathy will surely be Director Biden, by removed as will Federal Housing Finance Director Mark Calabria the high (if court declares unconstitutional a provision in the 2008 establishing law which states the FHFA thethat president be can to cause), for only the director fire more President-elect’s the share who nominees by replaced liberal views. Force ProposalsUnity Task The majority financial Biden’s of services proposals were Force Task Unity Sanders Biden-[Bernie] the by developed and released as part its set of policy of recommendations. The proposals include the following: • • as: The Biden administration ratchet is expected to vironmental Justice: A Biden administration Justice: to is likely vironmental onomic Stimulus/Infrastructure: Clean energy ecutive Action: Biden will look predominantly to could well be a central part economic any of stimulus/ packageinfrastructure the Biden administration may in 2021.advocate for Such a package could include significant investments in electric vehicles, energy such renewables, and modernization grid efficiency, as solar and wind. Ec En environmental of consideration agencies’ federal bolster justice as part federal of energy climate, and infrastructure a make may programs. Under the EPA watch, Biden’s effortto addressgreater legacy pollution impacting low- communities. indigenous and minority income, Oil & G Ex executive action to implement action to executive aggressive action to reduce GHG emissions. He is pledging the rejoin to Paris Agreement on one and day his of presidency, his administration otherwise is expected to bolster US engagement internationally on change. climate Meanwhile, repeal a Biden-led to move will likely EPA deregulatoryTrump-era actions new promulgate and to GHG regulations the oil at electricity, and directed gas, Exchange and Securities the sectors; transportation and Commission issue may new regulations requiring publicly traded companies disclose to climate to risks related change; and the Federal Energy Regulatory Commission considermay proposals establish to carbon pricing in the electricity it regulates. markets up and oversight pursue new federal environmental regulations on While the industry. Biden has repeatedly asserted he that does not support a federal ban on fracturing, or fracking,hydraulic a Bidenadministration will or halt, even the leasing slow, likely federal of land the for extraction crude of oil and gas. natural • US PolicyScan 2021

23 • • • Biden has unveiledhis and climate energy team. It will be co-led Agency former (EPA) Environmental Protection by Gina who will serve McCarthy, Administrator as the Domestic and former Secretary who Czar, Climate John State of Kerry, will serve as Special Change. Climate for Presidential Envoy While neither position Senate requires confirmation, Biden’s headpicks to the Council on Environmental Quality (Brenda Mallory), the Department Energy (Jennifer of Granholm), the Department the of Interior (Deb Haaland) and the EPA (Michael could Regan) face a difficult confirmation process these of consideration The Senate. closely-divided the in nominees dominate is early expected 2021, to and their administration Biden the as important is confirmation employs a “whole government” of approach addressing to change.climate with COVID-19, the economic COVID-19, with and downturn racial injustice. The President-elect’s inclusion change climate of alongside importance the reflects issues clearly-more-top-of-mind these his administration will place on reducinggreenhouse gas emissions. (GHG) • POLICY IN A BIDEN ADMINISTRATION FOREIGN POLICY FOREIGN The Biden Administration is expected to return to a more The a more Biden to return is Administration expected to traditional, process-based, approach US multilateral to selection Biden’s President-elect policymaking. foreign serve longtime Blinkenof to as Secretary advisor of Tony telegraphsState the impending Trump- transition from a renewed emphasis unilateralismera to on building and leveraging alliances advance to US and shared foreign policy objectives. Blinken is a centrist who believes in the US supported has and values democratic of promotion intervention on moral and other grounds during thecourse hisof career. Alliances One the of first expected actions the Biden by will be team hold democracies” of to a “summit begin to the process of rebuilding alliances during forged and II. after War World Biden a administration quickly reinforce Similarly, will move to which is widely viewed amongthe US’ commitment NATO, to Departmentthe former State and Pentagon officials in Biden’s inner circle as the US’ most important alliance. China Biden has a tougher promised take approach China, to to whose president, Jinping, Xi has adopted assertive a more international posture in recent months. On matters of might not Biden besubstance, so far and Trump however, whichTrump, Biden imposedapart. has by criticized Tariffs could serve as hurting and manufacturers, American farmers as leverage in trade negotiations Beijing with and Biden will continue uselikely them to more in combination other, with economictargeted measures, keep economic to pressure on China. significant A more difference in approach that is Biden would chart likely measured a more and consistent Anotherdiplomatic difference trajectory that is than Trump. Biden will almost certainly be vocal more in criticizing China Regulators Biden-appointed financial acting the regulators, at behest of Financial Services Committee Chair Banking Maxine Waters, Committee Chair Sherrod and Brown consumer groups, are Office abandonexpected to theof the Trump Comptroller “go-it alone” approach CRA the (OCC’s) of Currency’s to in revealed former Comptrollerreform, Joseph Otting’s May 2020 proposal, taking of a coordinated in favor approach will surely also and Senator Warren Waters suchto reform. promote to Fed the directing legislation their reintroduce racial and income equality when setting monetary policy and supervising banks. Democrats take also expected to are a closer look nonbank at mortgage origination and will likely push the Financial Stability Oversight Council to (FSOC) assess whether such originations risk constitute a systemic to adequately is practice the whether and system financial the supervised. and regulated

onsumer (Dodd-Frank), Act particularly Protection the provisions relating to oversight of investing, consumer investing, of oversight provisions to relating lending and credit cards Strengthen the and Dodd-Frank Reform Street Wall C • US Policy Scan 2021 Fannie AndFannie Freddie

24 The President-elect has already brought a new and significant focus on racial and gender diversity as he fills cabinet administration. new his in positions leadership senior and He will also seek persuade to Congress the add to to Federal Reserve’s mandate the challenge addressing of racial economic inequality. He is expected, his through regulations, such fair-lending appointments, reinstate to appointeesas the ability-to- rule, had which repay Trump rolled back. He has also pledged strengthen and to expand the Community ensure Reinvestment (CRA) not that Act to provide lenders nonbank and “fintechs” also but banks only responsible access all members to the of community. Lending in search a problem. of To the Mae dismay Fannie Mac the of and investors, Freddie To processadministrative Mark championed Director FHFA by Calabria government-sponsored free to enterprises, or GSEs, the governmentfrom conservatorships imposed on them in 2008 will surely be shelved under a Biden administration. A new Democratic replace attempt to administration to is likely and congressional director Calabria as the FHFA Democrats, little and in usingby large, have interest government see what they as speculative reward resources GSE to A Bideninvestors. be receptive more administration to is likely the those view of to Democrats who believe the that GSEs are essential preserving to the 30-year mortgage and housing and thatis reform actually a GSEsolution affordability, å Biden will move quickly to overturn the Trump White White Biden quickly overturn will the move Trump to strengthen and restore to and agenda deregulatory House’s consumer a specific with protection, and particular emphasis on re-empowering its Elizabeth the CFPB Warren-Richard to the mastermind to behind referring activity, of level Cordray respectively. the CFPB first its director, Consumer Protections Consumer Biden adopted comprehensive Sen. Elizabeth Warren’s plan, whichbankruptcy reform would reduce fees, streamline various bankruptcy processes, and modify the current, two-pronged a single of in system favor bankruptcy system wouldthat all be consumers. by utilized Under the Warren plan, filers would be presented a set with options of for addresshow to their debts. Also, certain types consumer of debt would remain non-dischargeable whileothers, such as student loans, would becomeeligible discharge. for BankruptcyReform • POLICY IN A BIDEN ADMINISTRATION

HEALTH CARE HEALTH Addressing the ongoing pandemic COVID-19 will be the Expect priority. immediate, top Biden administration’s Democrats push aggressive more to for federal engagement in combatting the coronavirus, novel including making a concerted effortto communicate the with public the on if at all, underif at the Biden Administration. rights abusesrights and other malign activities. Biden will also process-based, traditional, more a employ likely very approachmultilateral in engaging North with Korean-- whether on a diplomatic basis impose or to pressure greater Biden the under broadly, More regime. Jong-un Kim the on the pre-Trump canAdministration, we to expecta return status quo respect with US policy to and posture in the Peninsula.Korean Biden will maintain a robust US forces presence the US-Republic in the region and will reinvigorate cancelled. joint military Korea of Trump exercises that Russia traditional, a more can process-based, to We expect a return Russia approach USmultilateral policy under to toward the Biden example, Administration. For Biden and Blinken have alliance signaled clearly the NATO the that US will reinvigorate and leverage the collective nations of in dealings with directly Russia and on Russia-related matters. Although the Biden policymaking approach foreign to will be team’s different normalized/ more in line the with approaches other of US see to a shift likely while are we administrations pre-Trump, Russia under andin tone posture toward Biden, not may we see shift a dramatic Russia. in actual policy One toward key exception will be holding in the Biden Russia Administration’s accountablemore certain for malign activities, including for election interference, poisonings and human abuses, rights and incursion Russia’s Crimea. into Latin America and the Caribbean Biden will shift US policy on Trump’s Latin America from away almost emphasis illegal on preventing border immigration by soft-power more toward measures, other and apprehensions plan $4 providing initiatives. Biden for billion has a four-year in aid and assistance aimed addressing at the leading factors illegal contributed to have that migration, including high unemployment, gang violence, and drug trafficking. Along thiswith increase in aid, the Biden will Administration also adoptlikely a renewed focus on anti-corruption in the region. Venezuela administration has madeThe a calculated Trump effortto push President Nicolás Maduro out office of by imposing a sanctionssevere regime, aligning a coalition countries of leader opposition acknowledging and Maduro against Juan Guaidó president as interim The maximum pressure campaign it remains has achieved mix results. However, unclearVenezuela will shift US that policy much, toward

• US PolicyScan 2021 25 Biden relationship- has been heavily critical Trump’s of building North with leader Korean Kim Jong-un. Soon-to- be President Biden will not meet the with latter without preconditions. the Biden be will Administration likely Further, predisposedmore using to and shows naval other of military in the region in responseforce North provocations to Korean and will also readily deploysanctions in response human to North Korea Biden backs a two-state solution the Israel-Palestinian to seeminglyconflict one-sided and believes Trump’s approach the conflictto has been a setback. While he staunchly supports Israel, Israel Biden defer to as much is to not likely administration has. Elsewhereas in the the Trump Middle East, Biden has pledged the rejoin 2015 nuclear to Iran deal compliance.agreement to returns if Iran Biden and his top on a range issues of aides been have and critical Turkey of expressedhave deep concerns about the US’ maintaining of Trump’s condemned strongly Biden there. weapons nuclear US of Northerntroops withdrawal from Syria, calling it a allies our of Syrian Kurdish . Expectbetrayal renewed support, albeit mostly covert, allied forces of the with US in Syria. Biden maintain will likely the status quo in Iraq, providing institutional and military support the Iraqi government. to As Biden has long been critical Saudi of Arabia, expect some pushback against the kingdom’s human and record rights the Saudi-led, GCC-supported military Oman) operation (except Yemen. in Middle East Middle Under Trump, the US recently participated‘Under Trump, Australia, with India and Japanin the Quadrilateral Security Dialogue (Quad) Each these of countriesin Tokyo. closer has drawn the to US as their posed the view of threat China by increases. This upon foundation a administration Biden the provide could buildwhich a collective to security serve in Asia system to as a bulwark against Chinese such aggression. an However, alliance than more requires a shared suspicion China of and will also need be supported to stronger through economic Pacificties. Partnership Rejoining the Trans is (TPP) one way US leadership restore to on economic issues in Asia, and butBiden has indicated he that might seek the rejoin TPP, to has also said parts renegotiate he would to it. want of An obstacle Biden for will be manufacturing that has already beenSoutheast China from migrating to Asia, which will make renegotiating better TPP with signatories terms difficult. more A Biden relations with administration improve try will also to to Asian allies not in the Quad, such as South Korea. Asia vis-à-vis China. on human abuses, rights including Uighurs the of treatment and Hong Biden protesters. Kong also he says will rebuild US alliances other with Asian nations, which he believes present unified a more to front under frayed Trump, have POLICY IN A BIDEN ADMINISTRATION

HOUSING AND COMMUNITY INVESTMENT As Americans many feel the weight job of losses, missed and emergencies health payments, mortgage and rent community addressing instability, housing insecurity and community investment policy become have pivotal issues in the fight against the pandemic, the effortto mount an economic recovery and the maintenance societal of peace How the new Presidentand addresses order. these issues will be critical of importance both Main Street. and to Street Wall COVID-19 the both approached, election presidential the As progressives support from attract need to the and pandemic who had supported Bernie Sanders caused to Biden move to the left and embrace proposals progressive more were that rent and Mortgage supported. previously had he than andprotections other housing-related financial to relief relating foreclosures and evictions in surge the to respond economic the current to and public health crises, will be at housing the of newthe administration’s top and community end to pledges also President-elect The agenda. investment redlining and other discriminatory and practices unfair in the market. housing Democrats margins that Given control of the narrow will hold in the House and Senate in the next Congress, it will be challenging President for legislative Biden achieve his key to development, community and housing for priorities especially significant those involve that additional spending increases. tax through financed Americans not accepted living have that in states federal funding expand Medicaid to underAct; the Affordable Care incomeeliminate cap premium tax for credits premiums with capped 8.5 at percent income; of and lower the Medicare eligibility 60. age to Prescription Drugs will includePolicy initiatives allowing the government to negotiate drug prices manufacturers; limiting with directly drug price inflation; of increases taxing drug the rate to makers whose prices inflation; of increase the above rate allowing importation prescription of drugs deemed safe Departmentby Health of and Human Services; and using pricing recommendexternal reference to prices drugs for that face no competition. Reproductive Health The Democrats’ agenda calls repeal for the of Hyde Amendment barring use abortion federal of for funds pay to in rape, incest,(except endangerment); and life a public option health reproductive covers that services; rescission theof “Mexico City Policy” restoration aka “Global Gag Rule”; federalof funding Planned for Parenthood; codification of and federal a requirement law; federal that into Wade Roe v. and therapy hormone treatment, HIV/AIDS cover plans health surgery. confirmation gender

ending the Public Health Service cover all to Act reasing the federal medical federal assistance the reasing percentage storing the White House thestoring White National Security Council suring no cost-sharing public in any health programs panding the National Disaster Medical System’s ving the Secretary Health of and Human Services oviding weeks 12 paid of and family medicaland leave creasing funding the CDC for health and state (FMAP) by at least at by 10 percent and all(FMAP) states for providing maximize matching federal dollars to states for Medicaid enrollment. Inc authority to approve the price of vaccines developed developed vaccines of price the approve to authority taxpayer dollars.with Pr Act paid of 7 days sick as leave, outlined in the FAMILY 463)(S. and the Healthy (H.R. Act Families 1784). for COVID-19 treatments and treatments vaccines. COVID-19 for Gi En Ex authority reimburse costs treatment providers for to insurance. not by covered are that COVID-19 to related testing, treatment, preventative servicestesting, treatment, preventative and vaccines necessary address to a public health emergency an for disease. infectious departments. Am In Re Global for HealthDirectorate Security and Biodefense. • US PolicyScan 2021

26 The Biden administration will seek a public insurance option wouldthat insurance compete would private with be (it thoseavailable to employer-sponsored with The plans). public option would offer premium-free accessto 4.9 million Building on the Affordable CareAct Creating an emergency and fund local state for governments needs. economic and health for resources provide to • • • • • • • • The President-elects pandemic-related wish list includes: list wish pandemic-related President-elects The Upon inauguration, President Biden can be expected to orders undermining executive Presidentoverride Trump’s COVID-19 importance a science-based of approach public to health the reliability vaccines, FDA-approved of policy, and the needurgent measures for the House deemed necessary to adequately respond the health to crisis which did not make the Senate version orit into Act the of successor CARES packages. stimulus In what be is expected an ongoing to effort based on its centrality in the campaign, Democrats expand will to work health access, care affordability and improve increase quality care—particularlyof medically for underserved communities America and major areas. urban rural in the Affordable Care Act Act the otherwise Affordable or Care negatively impacting health access care and affordability. POLICY IN A BIDEN ADMINISTRATION dicate $5dicate increase billion to the affordable stock of vote $100 thevote Affordable billionHousing to aggregate t aside $10 homes make billion to energy more efficient pand investments in HUD’s Local Housing Policy Financial Development Community the for funding pand pand $5 Credit by billion annually the New Tax Markets pand $10 by billion the low-income housing tax credit pand the Section voucher 8 rental fully- to program pand $10 by billion years flexible ten over funding for ilize federal transit dollars leverageilize local to investment in minate localminate housing and state regulations limit that ovide $65 billion in new housing incentives state for crease $20 billion by funding Fund, the Housing for Trust Grants program to give states and states give localities to Grants program the technical assistance and planning support need they modernize to regulations housing Institutions which supports Fund, local, mission-driven financial institutions in low-income areas around the US, including those in building invested new housing in areas underserved increase to localprogram and investment in affordability, permanent the program make so communities can take accountthe tax credit into in their long-term planning (LIHTC), a tax provision designed incentivize(LIHTC), the to construction or rehabilitation affordable of housingfor tenants low-income fundedstatus Community Development Block expand to Grants (CDBGs) affordable andhousing, increase infrastructure improve individuals low-income for opportunities economic communities and transit and affordable housing, and encouragetransit and regional planning policies essential are that ensuring for housing affordable access to Ex housing as part larger of local community development efforts utilizingexpanded an HOME and the program Capital Magnet Fund anthrough increase in the assessment Mae on Fannie and support Mac, to Freddie the constructionand rehabilitation housing affordable of Ex Ex Eli affordable optionsto by urban and sprawl contribute directing the Secretaries HUD of and to Transportation as a requirementadd in certain zoning reform existing federal grant programs Ex Ut Ex De housing affordable upgrade and construct to Fund Pr authorities and the Indian Housing Block program Grant constructto low-cost, or rehabilitate efficient,resilient and accessible housing in areas where affordable housing is in short supply Se lower families’to energy bills, enhancing thereby housing affordability De In Ex

• • • • • • • • • • • • •

rsuing a comprehensive approach ending to eating a Homeowners and Bill Rights Renters of oviding financial assistance help hard-working to creasing lowering the cost the supply, and improving Pu homelessness In the quality housing of investments through in resilience, energy and efficiency, accessibilityof homes Pr Cr Americans quality buy safe, or rent housing, including down paymentassistance a refundable through and advanceable tax credit and fully funded federal assistancerental • US PolicyScan 2021

27 A Biden presidency will also use likely the federal influence of levers government’s encourage to the creation of inclusionary zoning policies expand communities to available working familiesto and dissuade discriminatory housing patterns. The following is a partial list proposed of housing, and estate real community could that investment initiatives a Bidenflow from House: White • If adopted, policies Biden’s would increase estate real and community investment the through continuation and expansion programs of specifically subsidizing geared toward financially more of development the supporting and accessible housing working stock for class families. • • • To end redlining and other discriminatoryTo and practices unfair in the housing Biden market, supports: Biden proposes a $640 make to billion investment in housing 10 years, raising paidover taxes by on for corporations and financiallarge institutions. Of that, about $300 billion would new construction to be devoted and is encompassed in his $1.3 plan. trillion infrastructure The $340 billion would be paid instituting a financial by for on fee certain liabilities firms of $50 over with billion in assets. He also proposes a renter’s reduce and 30credit rent utilities to percent to income of and a first-down-payment spur $15,000. tax credit up to of To the development low income of housing, Biden will expand Credit an providing additional program, the New Tax Markets $5 billion in support and the program will make every year, permanent so communities account can the credit into take in their long-term planning. at the at least. Biden supports the one-month extension of the ban on on ban the of extension one-month the supports Biden evictions is that included package relief in the COVID-19 that the House and on Senate approved December 21, along thewith $25 billion the emergency provided bill by for rental assistance. he views both these of provisions However, be onlyto a down payment on the and required relief an inadequate response the in surge evictions and to foreclosures is that expected as or expires this is relief exhausted. Thus, shortly after his inauguration, Biden will propose additional legislation relief COVID-19 in which he seekis expected to as much as $100billion in additional emergency assistance rental extend and the ban to on evictions and an additional foreclosures at by six months POLICY IN A BIDEN ADMINISTRATION

INFRASTRUCTURE The Biden administration has big plans infrastructure for when the it takes in 2021. reins The former vice president’s campaign will be priority a top infrastructure that stated and, specifically,more a Biden that administrationwill be focused on rebuilding America the through green lens clean of energy and environmental responsibility. The Biden plan includes repairing roads and bridges, green creating spaces, rebuilding systems; water strengthening electricity grids; and in technology promote to broadband universal providing advancements.infrastructure While campaigning, Biden unveiled a $2 trillion infrastructure objective the which of make will a key beoverhaul, to movement goods of and cheaper people and faster, cleaner; boostto American competitiveness in manufacturing; and to Biden President-elect workers. union for opportunities create the energy transform sourcesalso to power wants that the transportation making sector by it easier commuter for trains, school and transit buses, ferries and passenger vehicles be to powered electricity by and clean fuels. He supports incentivizing companies build a nationwide to network 500,000 of electric vehicle charging stations. The resulting reduction in air pollution, he claims, thousands will save lives and of millions dollars of in medical costs. plan Biden’s an energy for will overhaul also spur public of transformation revolution”—the a “second railway great provide to aiming is Biden President-elect networks. transit favor of semi- of favor or unskilledearning workers entry-level wages threatens American innovation and competitiveness. Biden Congress temporarywillwith work reform visas first to to establish a wage-based allocation process and establish enforcement mechanisms aligned ensure are they to the with labor and market not usedundermine to wages; and then to expand the number high-skilled of visas and the eliminate limits on employment-based visas country by led have that unacceptablyto long times wait application for processing. Increasing the number visas of offeredfor permanent, work-based immigration based on macroeconomic conditions the number employment-based of Currently, visas is capped 140,000 without at the ability per be to year, the of laborresponsive the state or demands to market domesticfrom employers. Biden with work has to vowed Congress increase to the number visas of for awarded to immigration—and employment-based permanent, number the reduce temporarily to mechanisms promote visasof during times high of US unemployment. He has capalso any recent from promised graduates of exempt to PhD fields programs in STEM in the US poised who are to Biden economy. world the to contributions important make believes a US graduates of program doctoral foreign that “should be given a green along card their with degree” and losingthat these economies foreign highly to trained workers competitiveness. economic own our disserves • US PolicyScan 2021 IMMIGRATION 28 The Biden Campaign website high-skilled states, temporary visas should not be used disincentivize to recruitment of already in theworkers US in-demand for occupations. An outhighly crowds that skilledimmigration system in workers Reforming the temporary visa system Biden system the current Congress will with work reform to temporaryof in these visas work allow workers to select jobs,industries switch while to certifying the labor market’s need should (Employers workers. foreign be for able to supply data showing a lack labor of availability and the harm wouldthat result This if temporary unavailable.) were workers coupledflexibility, safeguards, strong with such as requiring calculation a fair pay employers wage to the and of prevailing join a union ensure to and the all of workers right to exercise their labor rights, will help meet the needs domestic of employers, sustain higher wages American for and foreign and incentivize operate workers employers alike, to workers within legal channels, exploitation temporary of prevent economies. local boost and workers, Temporary Workers Temporary Biden does not support decriminalizing illegal border crossing, but he has promised reduce the to number immigration minor for border the at prosecutions of violations. He has also proposed in technology investing betterfor security including the at border, better screening suchinfrastructure, as cameras, sensors, large-scale X-ray machines points at entry. of towers and fixed watch Border Security Since DACA was a majorSince focus Obama-era of DACA immigration efforts to end Biden President wouldpolicy, reverse Trump’s program. He would alsothe DACA strengthen the protections Dreamers citizenship.for In and a path to so have they that addition, Biden would Dreamers make eligible federal for student aid, such as loans and Pell as grants, part his of the for protections proposed also He plan. higher-education Dreamersparents of butvery offers little detail theseon what wouldprotections entail. Deferred Action for Childhood Arrivals (DACA) President-elect country- Biden will seek undo Trump’s to specific bans, his expansion reverse the of public-charge rule back and roll his new restrictions on asylum seekers and refugees. Biden has also said spending he will stop federal expandmoney the US-Mexico to border and wall instead “smart border fundsdirect enforcement toward efforts, like our at screening improving in investments infrastructure He has alsoports pledged protections entry.” of restore to the Dreamersfor put in were place that when he was vice president under to Barack Obama, a pathway create and to citizenship those for living in the US illegally. POLICY IN A BIDEN ADMINISTRATION NATIONAL SECURITYNATIONAL House Armed Services Committee Chairman Adam Smith who is poised continue(D-WA), to during in his role current Congress,the 117th has predicted a long-brewing that battleinternal among congressional Democrats future over defense spending levels will come a head to during the Progressive cycle. appropriations and authorization next members the of Houseand Senate Democratic Caucuses longhave sought steep defense spending cuts 10 percent of or whereas more, moderate more members the of party like party new standard-bearer Smith—and, importantly, more pragmatic Joe Biden—support more a President-elect security national Democratic new a developing in approach Biden and indicated his do have they that team not strategy. cuts. spending defense major envision Defense Innovation and Acquisition Reform With President Biden House, in the White Democratic defense policymakers continue across work will likely the to aisle theirwith GOP counterparts in supporting robust more investment in new and emerging defense technologies, such as artificial intelligence, position to compete the US to in the ongoing tech cold China. with war the same At time, in seeking identify to cost-cutting opportunities in annual defense spending, congressional Democrats would likely pursue funding or divestment even decreases from, for, suitable longer no platforms and programs defense legacy warfare. modern for Transportation technology Transportation Beyond electric vehicles,Biden has proposed a $1billion helpcompetitive cities to program grant develop new andstrategies technologiesreduce emissions, to improve public safety and encourage innovation. Grid modernization As the electric grid integrates more intermittent renewable sources, a stimulus bill couldor infrastructure include funding emergingfor technologies support to this transition, such as controls, sensors and data analytics. Facial recognition technology Following the lead cities, several of the Biden administration aggressive a more take may approach addressing to how facial recognition and other artificial intelligence technology can produce gender or reinforce and racial biases. Bipartisan legislation data collected to relating facial recognition by technology be is expected re-introduced to in the new Congress. Workforce training Biden has called the Department for to Transportation of partner labor with impacted unions workers by in retraining sector. transportation the in automation • US PolicyScan 2021 SMART CITIES AND COMMUNITIES COMMUNITIES AND CITIES SMART 29 Biden calledthe installation for least at of 500,000 public charging bipartisan receive stations; strong a call to likely support in a stimulus package. or infrastructure Funding andwould be states municipalities. likely provided to In to Congress support in considerable is there addition, increase the cap on an electric vehicle 600,000 tax credit to vehicles per 200,000. the current manufacturer from Electric vehicles During the campaign, the Biden set team a goal installing of 8 million solar and roofs community solar energy systems. An packageinfrastructure could include increased Department funding support Energy grant of to this goal. Community solar Working to addressWorking to the digital divide could be an issue that enjoys bipartisan support and bridges differences between urban and communities. rural Congress and a Biden broadband extend to programs propose could administration underservedto communities. The federal government could also support various broadband projects infrastructure loansthrough and loan guarantees. Broadband The COVID-19 pandemicThe COVID-19 has in a significant resulted in drop cities for andrevenue counties, arguably undermining the ability local of advance governments to smart city initiatives. Under a Biden administration, the possibility an of infusion of infrastructure or stimulus economic an from money federal package could help cities and counties “build back better” technology. in investments through Some the of elements the of Biden plan will infrastructure bipartisan have likely and bicameral support in Congress but finding the funding such for a plan a great will take deal compromise of and be priorities outlined. to will have transportation surface in include could Democrats tax- taxes transportation excise of legislation extension an Congress legislation. tax energy and financing, bond favored historically has used legislation infrastructure spur the to economy but the details such of a plan will be paramount of importance get both parties to support to it. In telecommunications, the Biden has team committed to broadband wireless or services, internet broadband extending every American.via to 5G, Biden campaigned on the need universal,for reliable, affordable and high-speedto Internet enable Americans across all income remotely, work to brackets connected. distance in learning, and stay participate municipalities than more with 100,000 people quality with public transportation 2030.by POLICY IN A BIDEN ADMINISTRATION

In addition pledging to appoint to Americans Native to President-Elect Administration, his in positions prominent Biden has committed nominate federal judges to who have sovereignty tribal Indian law, understanding federal an of and treaty rights. This would too continue the legacy of Obama appointments Administration such as the Hon. Diane the of District Humetewa Arizona, a respected of former federal prosecutor and member the of Hopi Tribe, and Supreme Court who is often Justice SoniaSotomayor, viewed as particularly well versed on Indianmatters. law While the Obama acquired Administration than more 500,000 acres land of tribes, in trustfor the Trump acquisition, of pace the slowed considerably Administration imposingnew hurdles on tribes and in one case seeking even disestablishto its trust reservation a tribe’s away and take lands, something has that not happened since the mid- twentieth century’s “termination President-Elect era.” Biden homelands, tribal of restoration the prioritize to pledged has making the fee-to-trust process less burdensome protecting existing trust lands and reservations disestablishment. from In addition, Biden has signaled tribes with work a desire to on settling long-standing land disputes; rights and water sacred protect sites and heritage; cultural to reestablish to regular and meaningful tribal government-to-government consultation; tribal enforcement law and improve and to care. health substantial Biden also has highlighted President-Elect investments in Indian country as part his of planned $2 trillion infrastructure package.$2 trillion infrastructure Reservation roads and among are the most infrastructure neglectedwater in the areas, United rural broadband many States, and like telecommunicationsand lacking. wireless significantly is President-Elect Biden has specifically identified of all three these areas as investment. priorities It is infrastructure for also worth underscoring Vice-President that Elect Harris’ home California of is home than more state a hundred to federally recognized tribes, and in her that as role California’s working experience significant gained she General Attorney with tribal governments. With scarce federal funding and unique jurisdictional conflicts, enforcement law and prosecution in Indian country and within Alaskacommunities Native remains a significant challenge. passed laws Several President by Obama with (and then-Vice President close Biden’s including input), the Tribal Law and Order and Act the Violence Against Women Act, some provide have resources Indian for tribes deal to with their unique enforcement law challenges. funding However, and while the last year, expire was allowed to VAWA for Democratic-controlled House passed a reauthorization bill, it has advance failed to in the Republican-controlled Senate. Should Democrats sweep both chambers, such legislation is be a high to prioritylikely in a Biden Administration.

• US PolicyScan 2021 NATIVE AMERICAN NATIVE 30 This would include advancing important several tribal beguninitiatives during the Obama were that Administration abandoned Administration. or during reversed the Trump Representative Haaland is now poised a over take to federal department roundly criticized during the Trump American Native its disregard of for Administration rights and priorities of as the well protection its disregard as for for the environment, resources natural and She wildlife. also is key (a development energy support renewable to expected protection the and agenda) Biden-Harris the of component publicof lands. President Obama was widely viewed American by Indian, Alaska and Hawaiian Native American Native communities as on American a positive Native force issues, and President- Elect Biden already has begun continue In an to legacy. that momenthistoric Americans Native for and the country, for President-Elect Biden has nominated Congresswoman Deb Haaland, a member the of Pueblo Laguna, of serve to as CongresswomanSecretary the of Interior. Haaland, along with in history made previously Davids, Sharice Congresswoman 2018 as the first two women Native elected Congress. to President-elect Biden has openly endorsed certain cyber- administration, including actions therelated Trump a by expand military to directive Trump-era and intelligence community authority the conduct to related offensive of cyber operations against and non-state state adversaries. The Biden administration back walk will not likely or deviate even administration cyber policies, existing Trump many from well established are given many that and enjoy broad bipartisan support. One notable exception is in the of area election security election and foreign interference. Biden has committed increasing to attention and resources in support securingof US elections interference. foreign from Cybersecurity With increasingly acceptance greater among members of the US national security establishment change climate that is a national securityproblem, the Biden-led House White and congressional Democrats increase will likely climate-focused funding the US for Armed as Forces a component the of defenseoverall budget. Climate Change next Congress. next The pandemic focus on has and reinvigorated expedited ongoing supply shifts improve chain security to and strengthen andcomponents sustain key the of US defense industrial base. This is another in which area the Biden bothadministration with work party its own will likely members and congressional Republicans during the Supply Chainand Industrial Base Security POLICY IN A BIDEN ADMINISTRATION Biden, like Trump, supported Biden, bringing Trump, antitrust like nsumer Data Biden Privacy: has he stated believes the titrust: ction 230 the of Communications Decency Act (Hate U.S. should the unlike set “not privacy standards are that the stringent EU’s General to a reference DataEuropeans,” Regulation,Protection which prohibits the processing of personal data unless it is expressly allowed or law the by data subject has consented the processing. to Expect broadbandBiden reinstitute Trump that privacy laws to repealed obtain requiring consumer providers Internet to consent using before certain types theirof data. actions against dominant platform companies. He he that stated supports antitrust oversight. There strict lawsuits filed antitrust five against currently are internet companies in the past months: three against three Google and two against Facebook, These been suits have filed by the Department Justice, of Attorneys and the FTC State General. The Bidenadministration will need decide to whether pursue to these cases, which could several take years, or seek reach a settlement. to Se Speech and Biden and Misinformation): Both Trump said onlinehave that platforms need change to how they moderate content online, and both Biden and Trump urged repealhave Section of 230 the of Communications Decency online Act, which protects platforms liability from user-postedfor content. Commenting on Facebook, Biden said, should “[Section 230] because be revoked it is not It is propagatingmerely falsehoods an company. internet amend bills Several to be section know false.” they to 230 gained in both traction parties in Congress, the 116th and supporters efforts renew the to in likely new are Congress and seek enlist the to Biden support. administration’s A Biden administration will also consider whether the FTC will consider FCC and/or regulations. Co An

TECH • • A particular a Biden focus for presidency will be whether and companies internet regulate how to and address technology advancements. While do not Biden agree and Trump on hot many button topics, concerns both strong share technologyregarding issues such as national security, consumer data privacy and regulation social of media platforms. Biden a sharp is away take not turn expected to administration in of terms the coursefrom the set Trump by can we however expect lesssubstantive policy, anti-internet andrhetoric an embrace technology how of prevalent is in lives. citizens’ everyday This recognition should lead to compromisegreater and lawsuits. fewer . • in the calculation adjusted of grossincome Section for 163(j) deductioninterest limits could become a vehicle repeal for additional cap, for extensions the taxof of SALT provisions only were extendedthat one for year in the Omnibus or even somefor tax not expired provisions renewed were or that extended allin at the recently enacted Omnibus. • US PolicyScan 2021 TAX 31 Legislation seeks that continue to the expensing costs R&D of depreciation and amortization of inclusion the prevent and Under beginning the TCJA, in 2022, will be taxpayers required amortize expensesto R&D years five and over include adjusted of calculation the in depreciation and amortization gross income the deductions limit for on interest under Section 163(j). These changes included were in the 2017 TCJA reduce adverse theto bill’s impact later in the on bill’s revenue particularlyyears and are they unpopularRepublicans. with Especially the if economy continues lag because to the of pandemic,COVID-19 Republicans, that it is likely the with support some of business-friendly Democrats, will seek to changes. these eliminate or postpone Democrats repeal the to $10,000 want cap and on local state tax deductions, and while could that get some GOP support, the cost such of probably a move makes it a nonstarter in this Congress unless such a tax change be paired to with were importantseveral Republican tax policy priorities. A bill that would continue the expensing research of and development costs could possibly become such a legislative vehicle. Such ball” “small wins could include proposals expand to earned income and child and dependent tax care credits. Lawmakers could also find common ground on enhanced child tax credits and legislation. retirement lawmakers Many supportedhave a tax creating the credit costs for of as employeesemployers well protecting COVID-19, from as temporarily expanding Opportunity the Work Credit Tax receiving cover anyone unemployment. to There also (WOTC) appears be some to bipartisan support tax state providing for whose taxpayers for relief working location changed because less or for who COVID-19 of in work a state than 30 Tax days. regulations could that also get a second look include those allowing subsidiaries tax foreign on opt out the of GILTI to earnings offshore from assets. However, desires seldomHowever, cold overcome math in Washington DC. Neither Party tax their move preferred has to the votes agenda Congress. in the 117th Instead, tax writing committees their colleagues like will, across Congress, focus on COVID-19 response efforts and to lookscore smaller tax legislative wins when possible. margins Given between the narrow the Parties, bipartisan compromises these will be even for required smaller especially forward, move bills to in the Senate. As a candidate, President-elect Biden pledged the reverse to tax increasing cuts by 28% corporate taxes to 2017 Trump 21%,from raising income those taxesfor earning least at $400,000, and increasing the capital gains tax. The GOP had hoped use a Republican to second House in the White term expand permanent orto make expiring provisions under Cuts including and Jobs several the (TCJA), 2017 Act Tax notprovisions addressed were that in the recently enacted Omnibus bill. POLICY IN A BIDEN ADMINISTRATION search and Development: Biden supports R&D Trump’s Federal Communications Trump’s lecommunications: Commission rolled back Obama-era net neutrality rules. Expect a Biden reclaim the agency’s to FCC authority to broadband,regulate including net neutrality restoring and administration order loosenedundoing that a Trump the commission’s authority service. Internet over generallyand in specific sectors. He has released a set economicof proposals aimed increasing at investment in clean energy and emerging, or “breakthrough,” technologies; and his “Made in America” All of initiative new manufacturing foster jobsto specifically calls for spending $300 billion years. four on over R&D and municipalities deploy to public networks. He will net authority the neutrality FCC’s enforce also to restore principles and prohibit blocking, throttling, and paid other as well as providers, broadband by prioritization practices raise consumer may that prices or impact competition. Re Te

TRADE President-elect Biden supports the for trade as free a way leadUnited to States on the global stage and has said he will pursue trade agreements American protect that farmers and and workers boost exports. He has also promised to include labor strong and environmental in any protections new trade deals While Biden has not released trade formal any proposals, he has been a vocal opponent President of Trump’s trade disputes and has“erratic” pledged implement to more consistent policies if elected. selection Biden’s House of Ways and Means Committee Counsel to Chief Katherine Trade Tai Representativeserve was met bipartisan with as US Trade played a lead in negotiations role praise. the with Tai Trump changes over Administration the US-Mexico-Canada to Agreement(USMCA), and on her prior Capitol tenure to Hill, served as Chief Counsel Enforcement China for Trade USTR.at She significant have is expected to influence in trade Administration’s Biden the shaping and developing China. policy toward Trade U.S.-China Biden approach to disagrees President with Trump’s negotiating a trade deal China. with Biden called the and President the by signed agreement trade one” “phase Chinese Vice Premier Liu He on Jan. 15,2020, and “vague” and said“weak,” the deal represents a loss the United for becauseStates address to it fails the fundamental flaws in concerned more is Biden relationship. trade US-China the practices—including trade unfair China’s with intellectual property theft and steel dumping—than the with United trade deficitStates’ China. with Biden has also expressed concern about aggressive China’s behavior in the region and its weak human and record, rights has criticized President alienating for US allies could that Trump help pressure and change Chinanegotiate with to its approach. Biden has said • • Biden has openly embraced the Democratic nefits a Gig of Economy: During the campaign, Biden migration: idging the Digital Divide: The pandemic has forced gital Services The European Union and Tax: several hile he favors workinghile closely more he favors allies, with he plans Br party’s less approach immigration, including to restrictive the high-skilled upon program worker which many technology companies Expect theheavily Trump rely. restrictions on highly skilledadministration’s immigrants to be lifted the Biden by administration. millions Americans of their turn homes to offices into and between divide staggering resulting The classrooms. connected Americans and those without access high- to speed has internet been the at center technology of and telecommunications policy conversations. Biden will Congress with work increase to funding broadband for subsidies provide infrastructure, low-income to Americans broadbandfor service the through -- Lifeline program he has proposed $20 do billion so -- to and enable cities Im Be contractors, independent to extending for advocated such as Uber and and organize drivers, Lyft the to right accessbargain collectively to gain pay, fair in order to Affordable the or employer their through whether benefits, Act, andCare a union voice, following the action the of California Supreme Court and legislature in AB5. the last (In election, overturned shared California voters to as it relates transportation has become workers.)This a particularly pressing issue in the light of coronavirus pandemic, which has not only disrupted demand in the gig economy but added millions unemployed of Americans of the ranks to regularthegig cut workers, off from paychecks, health vacationcare, time, child financial leave, family care, assistance and mental services health previously they enjoyed.Biden A administration change is expected to NLRB and Department Labor of rules and policies that and employees between distinction traditional the adopt contractors. independent Di other countries imposed have or proposed a tax on gross income technology of companies, which amounts to double taxation. administration, Under the the Trump Representative openedUnited Trade States up a section 301 investigation, and issue may a report findings with Technology Bidenbefore office. takes companies are seeking a common It is within the framework OECD. uncertain whether Biden will continue effortsto oppose a in the andDST EU other countries. to be aggressive with China. Unlike Trump, Biden be aggressive hasto not China. with Trump, Unlike such platforms Chinese-owned cancel to threatened but he has he that stated seesas TikTok these forums genuine of as a “matter concern” and has promised to securityreview risks surrounding the video-sharing app. comparableExpect to treatment favorable give the U.S.to US-based technologies and apps further and to restrict Chinese technology. With respect to trade policy, BidenChina:With respect has trade policy, that stated to w • US PolicyScan 2021

32 • • • • • POLICY IN A BIDEN ADMINISTRATION Election reform Election Democrats and been their think tanks have top rallying around the main provisions H.R. of 1 since its passage in early 2019. The wish a Biden list for administration will focus on modernizing process, registration the voter including efforts increase same-day automatic, to and improve and online against voters of protect the and removal registration, to voter rolls. Democrats voting from of will push a full restoration for Rights Act, especiallythe Voting those parts struck were that Supremedown by Court’s 2013 Shelby County decision. Democrats support among generated has that issue Another across the country ex-convicts. of rights the voting is restoring all with the election-administrationFinally, issues raised by DemocratsCOVID-19, seek will likely by streamline voting to mail, including requiring the federal pre-pay government to the postage all mailed for ballots, an issue could that generate bipartisan support. Money in politics Democrats been have trying combat to the perceived corrupting effectstheof Citizens United decision sincethe Supreme Court handed down the landmark ruling in 2010. The party’s campaign finance generally focuses reform on the influence restricting introducing super of a PACs, constitutional amendment dollars eliminates that private out money foreign keeping elections, federal funding from ourof elections, and increasing transparency and disclosure. aka to the achieve Effortslatter include prohibiting 501(c)(4), and elections, on money spending from groups money.” “dark requiring real-time disclosure campaign of contributions. The Biden administration also will likely seek curb the impact to spending, corporateof including PAC prohibiting federally lobbyists beingregistered from campaign make able to contributions. reform Lobbying The incoming efforts administrationto prioritize will likely increase the transparency behind the federal lobbying laws. campaignBiden’s promised such reforms as extending lobbyingcurrent disclosure rules elected to officials, justnot loophole lobbying” “shadow the of rid getting and lobbyists, Democratsthat claim is routinely abused former elected by advice high-level behind-the-scenes, provide who officials without triggering ever the need under register to the DemocratsLobbying Disclosure will also (LDA). seek Act likely resolve other perceivedto shortcomings the of LDA, including lowering disclosure thresholds, specificity requiring greater of lobbying reporting, can We also etc. expect effortsto combat governmentforeign influence in the lobbying process, via to Agents andboth the Registration (FARA), Foreign LDA Act receive bipartisan attention in thenext Congress. Stay in touch Stay • US PolicyScan 2021 VOTING RIGHTS & GOVERNMENT REFORM 33 Democrats will push aggressively an the of overhaul for country’s rules, voting which sorely during tested were the wanting. found and election general and primaries 2020 Expect see to the same vigor surrounding this issue as was displayed after the 2018 midterm election, in which races in Georgia, Florida and elsewhere allegations with fraught were Democratic-controlled the Indeed, suppression. voter of House made its first piece legislation—H.R. of 1— a sweeping campaign package. rights finance/ethics/voting The focus rules voting on disparate states’ during the 2020 election, mail, that makesparticularly by it likely voting to regard with Democrats will seek federal of oversight exert greater to rules,voting and Republicans will claim federal overreach, arguing infringement on powers reserved the states. to Sign up below receive Dentons’ to 2021 annual Sanctions report, a recapYear-in-Review and analysis the of past 12 months and a look come. the at year to Coming soon: Sanctions Year-in-Review 2021 Year-in-Review Sanctions soon: Coming Biden’s picks for key foreign policy foreign and national picks key Biden’s security for posts pledged have conduct current to of a full review sanctions, Administration butTrump nevertheless, it is anticipated the that Biden will Administration continue to leveragerobust a sanctions advance regime to US foreign policy objectives. When Biden announced his selection of serve Adeyemo to Wally as Deputy Secretary Treasury, of “WeAdeyemo stated: must also remain laser-focused on the Department’sTreasury our critical national protecting role security … This includes using our sanctions hold regime to accountable.” actors bad Sanctions Biden voted in favor of the North America Free Trade the of NorthBiden in favor voted Trade America Free when heAgreement served (NAFTA) in the Senate, and he has expressed support the recently for passed update to the USMCA.NAFTA, Biden also supporter was a strong of the Partnership Trans-Pacific which (TPP), was negotiated rejecting the for Obamaby administration; criticized Trump it; and has said he TPP will rejoin but not as it was initially put “I forward. would insist pieces renegotiate we that of the with that Pacific nations, so could we that bring them holdtogether to China accountable” their for environmental impacts and labor practices, counter-balanceand China’s to policies.expansion USMCA and TPP that asthat president, he will push back against predatory China’s behavior while seeking cooperation Chinese with officials on changeclimate and nuclear nonproliferation. POLICY IN A BIDEN ADMINISTRATION BIDEN RESPONSE BIDEN POTENTIAL BIDEN RESPONSEPOTENTIAL Significantlyraise corporate taxes and taxes on the richest; reject “trickle down” tax cuts Amends Federal Reserve Act language mandate to regular reporting on such issues Strengthens Dodd-Frank with a goal avert to any future crisis financial Reviewscertain mergers under including Trump, in the practices assess anticompetitive to market, healthcare Ensure workers, including domestic and farm workers, are paid fairly for working overtime; increase minimum $15/hour to wage Repeal “right work” to laws, pass the PRO Act, and recognition union increase FurtheringFair Housing Bring back Affirmatively the Rule; protect against abusive lenders Expand the CRA apply to mortgage to and insurance companies; reverse rules that allow institutions use to discriminatory practices Created barriers for borrowers attempting file to discrimination against financial lawsuits institutions Repeal ACE rule and promulgate more aggressive CO2 standards for existing powerplants Grant California new CAA waiver; develop new efficiency standards Repeal Trump-era NEPA rules; potentially bolster climate consider to agencies federal for requirements impacts change Promulgate new methane standards on both new and existing oil and gas sources Repeal of the NWP rule and promulgate new standards, similar the to Obama-era WOTUS rule, that expands the scope of the CWA ENVIROMENT TRUMP ACTION ACTION TRUMP TRUMP ACTION ACTION TRUMP FINANCE AND ECONOMY AND FINANCE Passed and the Tax Jobs Act of 2017; sharply cut taxes corporate Limited focus on racial employment and wealth gaps, and measures reduce to these Rolled back or scaled down several banking regulations under the initial Obama-era law Generally shored up big US deal making amid decreased regulation and tax reform Reversed progress towards Obama-Biden rule to pay overtime extend Issued executive orders that limited federal unions’ powers; supported “right work” to laws Repealed the Obama-era AffirmativelyFurthering Fair rule Housing exclusionary use who lenders for loopholes Proposed practices Created barriers for borrowers attempting file to discrimination against financial lawsuits institutions Repealed Obama-era Clean Power Plan, whichRepealed Plan, Obama-era Power Clean established standards for CO2 emissions from existing power plants. Promulgated voluntary efficiency guidelines for coal-fired power plants Repealed California's CAA waiver that allowed the state issueto their own tailpipe emissions standards agencies' federal Limits assess ability and to indirect cumulative impacts associated with federal actions, changes other among Eliminates requirements that the oil and gas industry mitigate methane emissions from new and modified projects Revises the definition of the "water of the US" limit to the scope of the Clean Water Act (CWA) ISSUE ISSUE

• US PolicyScan 2021 Taxation Act Reserve Federal reform financial Dodd-Frank acquisitions and Mergers protection Wage unions and Labor rights lending and housing Fair Community Reinvestment Act (CRA) Housing discrimination Affordable Clean Energy (ACE) Rule California's Clean Air Act (CAA) Waiver Revised National Environmental Policy Act (NEPA) Regulations Methane CAA Regulations Navigable Waters Protection Rule DENTONS’ DEMOCRATS DENTONS’

34 Trump Regulations In Early Jeopardy In Early Regulations Trump POLICY IN A BIDEN ADMINISTRATION POTENTIAL BIDEN RESPONSEPOTENTIAL POTENTIAL BIDEN RESPONSEPOTENTIAL Reinstate Obama-era limitations (3-month max, (3-month limitations Obama-era Reinstate ineligible for renewal) and otherregulations that strengthen marketplace risk pools Reinstate restrictions banning employees from using HRA funds purchase to health insurance regulation government federal tighter Restore of marketplace plans; increase benchmark plan requirements as well as financial assistance for consumers marketplace Support/protect coverage of contraceptive services as an essential health benefit per the ACA with minimal exemptions moral/religious religious comprehensivenessReinstate affordability and consumers coverage to applied requirements purchase; ensure waivers do not adversely affect low- consumers income Repeal Executive Order. Work with congress reform to temporary visa program Order Executive Repeal Withdraw law suit and extend DACA, support the Dream Act Congress Extend TPS for a year or two and support legislation give them paths citizenship to construction Halt HEALTH IMMIGRATION TRUMP ACTION ACTION TRUMP TRUMP ACTION ACTION TRUMP Minimized restrictions against short-term plans by: increasing maximum duration period 12 months to and allowing annual renewal for up 3 years to Allowed employees use to health reimbursement arrangements (HRAs) purchase to individual non-ACA including coverage insurance health planscompliant Granted states increased authority in determination of standards for health plans and leniency in determining plan benchmark benefit health essential from exemptions Expanded moral/religious eligible providing no-cost contraceptive coverage non- to individuals and insurers, employers, governmental Leniency granting state waivers; can alter essential health benefits, metal tiers, and premium tax credit as long so plans, marketplace for calculations and affordability same maintain options coverage guardrails comprehensiveness The suspensions were supposed last to 60 days but they will now remain in place until the end this year Asylum seekers will have wait to a full year be to eligible applyto for work authorization Limit renewals one to year instead of two and still not applicants accept new Terminate TPS for several countries like El Salvador, Nicaragua Haiti, Use DoD and other reprogrammed funding for construction ISSUE ISSUE Short-term health plans health Short-term Use ofpre-tax accounts for health insurance criteria benefits health Essential exemptions moral and Religious Section 1332 waiver standards Restrictions for four major nonimmigrant visa nonimmigrant major four for Restrictions categories: H1-B, L, J, and H-2B visas. process Asylum-seeking DACA TPS Border Wall • US PolicyScan 2021 35 POLICY IN A BIDEN ADMINISTRATION POTENTIAL BIDEN RESPONSEPOTENTIAL POTENTIAL BIDEN RESPONSEPOTENTIAL Nonenforcement, while drafting ObamaDepartment of Labor updated the overtime salary threshold from $23,660 $47,476, but to this update was ultimately blocked in the courts before the rule could be fully implemented. LABOR EDUCATION TRUMP ACTION ACTION TRUMP TRUMP ACTION ACTION TRUMP The rule gives the accused has the right a live to adds also accusers. cross-examine to and hearing dating violence and stalking the to definition of sexual harassment. But it otherwise offers a narrow definition of harassment, requiring that it be severe and pervasive, as well as objectively offensive Revoked an executive order from the Obama administration that gives employees of federal contractors the right of first refusal for employment on a new contract when a federal service contract changes hand The Department of Labor updated the overtime $35,568. to threshold The National Labor Relations Board finalized a rule that narrowed the joint-employer standard under the National Labor Relations ISSUE ISSUE • US PolicyScan 2021 Title IX Right of First Refusal Overtime Organizing 36 POLICY IN A BIDEN ADMINISTRATION (nominated) Senate Aging Senate House Select Senate Aging Senate Climate Crisis Climate Tim Scott (SC) Energy Secretary the Climate Crisis Kathy Castor (FL) Committee on the Bob Casey (PA) Jr. Jennifer Granholm Jennifer Garrett Graves (LA) Select Committee on Chief Medical AdviserChief Anthony S. Fauci, M.D. (appointed) (appointed) Dr. MarcellaDr. Nunez-Smith House Energy House House Energy House Rodgers (WA) and Commerce and and Commerce and Gina McCarthy McCarthy Gina Cathy McMorris Kevin Brady (TX) Frank Pallone (NJ) Pallone Frank Richard Neal (MA) Disparities Force Task Domestic Climate Czar House Ways and Means House Ways and Means White House Healthcare (nominee) Resources Resources Commerce Commerce (nominated) Deb Haaland Deb House Natural House Natural Rodgers (WA) Cathy McMorris Surgeon General General Surgeon Interior Secretary House Energy and Dr. VivekDr. Murphy House Energy and Raúl Grijalva (AZ) Frank Pallone (NJ) Pallone Frank Bruce Westerman (AR) Westerman Bruce (nominee) (nominee) & Pensions & & Pensions & John Kerry (appointed) Climate Czar Senate Health, Senate Health, Senate Energy Senate Senate Energy Senate Rand Paul (KY) Xavier Becerra Becerra Xavier Education, Labor Education, Labor Health and Human Services Secretary Secretary Services Patty Murray (WA) Patty Murray Joe Manchin (WV) & Natural Resources Natural & & Natural Resources Natural & John Barrasso (WY) Barrasso John

Capito (WV) Capito

Environmental Environmental & Public Works & Public Works Senate Finance Senate Senate Finance Senate Shelley Moore Shelley Michael Regan Regan Michael Mike Crapo (ID) Ron Wyden (OR) Tom CarperTom (DE) • US PolicyScan 2021 Protection Agency Senate Environment Senate Senate Environment Senate Director of the Centers Prevention (nominated) for Disease Control and Dr. RochelleDr. Walensky Administrator (nominee) Administrator DENTONS’ DEMOCRATS DENTONS’ HEALTHCARE ENERGY AND ENVIRONMENT 37 Medicare, Medicaid, and Vaccine Distribution and Vaccine Medicaid, Medicare,

Climate, Renewable Energy, Oil and Gas, and Nuclear Energy, Renewable Climate, The Policy and the Players the and Policy The POLICY IN A BIDEN ADMINISTRATION COVID-19 Response Team Dr. JulieDr. Morita

COVID-19 Response Team Dr. Margaret Hamburg Margaret Dr. COVID-19 Rodgers (WA) Response Team Dr. NicoleDr. Lurie Cathy McMorris Frank Pallone (NJ) Pallone Frank Energy and Commerce and Energy Energy and Commerce and Energy Blaine COVID-19 Small Business Small Small Business Small Response Team Dr. ZekeDr. Emanuel Luetkemeyer (MO) Nydia Velázquez (NY) Smith COVID-19 Appropriations Appropriations Response Team Kay Granger (TX) Rosa DeLauro (CT) Dr. MarcellaDr. Nunez- COVID-19 Business) Response Team Labor & Pensions Labor & Pensions Health, Education, Health, Health, Education, Education, Health, (Veterans’ Affairs) (Veterans’ Patty Murray (WA) Dr. CelineDr. Gounder Rand Paul (KY) (Small COVID-19 Bobby Scott Bobby Virginia Foxx Virginia (Intelligence) Small Business Small Small Business Small Response Team Ben Cardin (MD) Labor Committee Labor Labor Committee Labor Dr.David Kessler Dr.David Marco Rubio (FL) & Entrepreneurship & & Entrepreneurship & House Education and House Education and (Rules) COVID-19 COVID-19 (nominee) Rand Paul Committee Committee Patty Murray Department of Appropriations Appropriations Response Team Response Team Miguel Cardona Miguel Labor & Pensions Labor & Pensions • US PolicyScan 2021 Dr. HeleneDr. Gayle Dr. VivekDr. Murthy Patrick Leahy (VT) Education Secretary Richard Shelby (AL) Senate Health Education Senate Health Education EDUCATION 38 Higher Education, Student Loans, Title IX Title Student Loans, Higher Education, COVID POLICY IN A BIDEN ADMINISTRATION Indian Affairs Lisa Murkowski Lisa Senate Committee on Peoples Peoples Subcommittee Indian Affairs Ruben Gallego Ruben Chair Indigenous Indigenous Chair Senate Committee on Senator Brian Schatz (appointed) Committee of the Interiorof Raul Grijalva Raul Rep. Cole Tom Co-Chair Native Jared Bernstein, Bernstein, Jared Kevin Brady (TX) American Caucus Rep. Deb Haaland of Economic Advisers Member of the Council House Ways and Means NATIVE AMERICAN POLICY NATIVE Nominated for Secretary Land Economic Development, Trust Duties Trust Development, Economic Land for House Natural Resources Ranking Member Westerman Services (appointed) House Financial Financial House Heather Boushey Boushey Heather Richard Neal (MA) of Economic Advisers Member of the Council Patrick McHenry (NC) McHenry Patrick House Ways and Means Services Senate Finance Senate House Financial Financial House Deputy Treasury Wally Adeyemo John Cornyn (TX) Cornyn John Secretary (nominee) Maxine Waters (CA) (nominee) Marcia Fudge Marcia Senate Finance Senate Senate Finance Senate Mike Crapo (ID) Ron Wyden (OR) and Infrastructure and Infrastructure Sam Graves (MO) Housing and Urban Peter Defazio (OR) Defazio Peter House Transportation Transportation House House Transportation Transportation House Development Secretary Secretary Development Nominee (nominee) Public Works Public Public Works Public Janet Yellen Development Development Transportation Transportation Capito (WV) Capito Pete Buttigieg Pete Senate Banking, Senate Banking, Pat Toomey (PA) Tom CarperTom (DE) Shelley Moore Shelley • US PolicyScan 2021 Treasury Secretary Housing, and Urban Housing, and Urban Sherrod Brown (OH) Department Secretary Secretary Department FINANCE Tax, Banking Regulations, Housing, House Finance and Fintech Finance Housing, House Regulations, Banking Tax, Senate Environment and INFRASTRUCTURE 39 Highways, Broadband, Water Broadband, Highways, Senate Environment and POLICY IN A BIDEN ADMINISTRATION & Technology & Johnson (TX) Johnson Eddie BerniceEddie House Science, Space, Space, Science, House & Technology & House Energy House and Commerce and House Judiciary House Judiciary Jim Jordan (OH) Frank Lucas (OK) Jerry Nadler (NY) Nadler Jerry Frank Pallone (NJ) Pallone Frank House Science, Space, Space, Science, House Security Security and Security House Energy House Rodgers (WA) and Commerce and John Katko (NY) Cathy McMorris Gary Peters (MI) Peters Gary House Homeland Homeland House House Homeland Homeland House Senate Homeland Senate Bennie Thompson (MS) Thompson Bennie (Whip) and Security Science, and and Science, Transportation Dick Durbin (IL) Senate JudiciarySenate Senate JudiciarySenate Senate Homeland Senate Rob Portman (OH) Portman Rob Senate Commerce, Commerce, Senate Chuck Grassley (IA) Amy Klobuchar (MN)

d Security n a and Security Science, and and Science, Science, and and Science, Transportation Transportation • US PolicyScan 2021 Gary Peters (MI) Peters Gary Senate Homeland Senate Senate Homeland Senate Senate Commerce, Commerce, Senate Senate Commerce, Commerce, Senate Rob Portman (OH) Portman Rob Roger Wicker (GA) Wicker Roger Maria Cantwell (WA) TECHNOLOGY 40 Section 230, Privacy, Antitrust, Gig Economy Antitrust, Gig Privacy, Section 230, IMMIGRATION Visa, Asylum-Seekers and Refugees, DACA and Refugees, Asylum-Seekers Visa, POLICY IN A BIDEN ADMINISTRATION Avril Haines Avril Director of National Intelligence (nominee) Intelligence Homeland Security Security Homeland Secretary (nominee) Alejandro Mayorkas Alejandro Dr. ColinDr. Kahl House Intelligence House Brad Wenstrup (OH) Under Secretary for the Defense of Policy ofDefense Mike Rogers (AL) Deputy Secretary Deputy Dr. KathleenDr. Hicks House Armed Services Armed House (nominee) (nominee) Lloyd AustinLloyd Foreign Affairs Foreign Ways & Means Roy Blunt (MO) Adam Schiff(CA) Defense Secretary House Intelligence House Senate Intelligence Senate Richard Neal (MA) Michael McCaul (TX) McCaul Michael Finance (nominee) or E&NR)** (Intelligence Jim Risch (ID) Ways & Means Antony Blinken Foreign Relations Foreign Ron Wyden (OR) (Appropriations) Kevin Brady (TX) Secretary of State Adam Smith (WA) Senate Intelligence Senate Susan Collins (ME) House Armed Services Armed House Finance Greenfield UN (nominee) UN Foreign Affairs Foreign Linda Thomas-Linda Mike Crapo (ID) & Transportation & (Small Business) (Small Marco Rubio (FL) Mark Warner (VA) Senate Intelligence Senate Senate Intelligence Senate Commerce, Science Commerce, Gregory Meeks (NY) US Ambassador the to Amy Klobuchar (MN) (nominee) Jake Sullivan Jake Katherine Tai Katherine Jack Reed (RI) Transportation Jim Inhofe (OK) & Transportation & National Security National Foreign Relations Foreign • US PolicyScan 2021 Adviser (appointee) Roger Wicker (MS) Wicker Roger Bob Menendez (NJ) Commerce, Science Commerce, Maria Cantwell (WA) Commerce, Science & & Science Commerce, NATIONAL SECURITYNATIONAL & FOREIGN POLICY US Representative Trade Senate Armed Services Armed Senate 41 Defense spending, Deployment of US forces, and Sanctions of US forces, spending, Deployment Defense Senate Armed Services Armed Senate TRADE Congress

The Senate Gang of 16 Leadership Committee Leadership Congress by the Numbers Senators in Cycle Redistricting Overview Meet the Freshmen

42 • US Policy Scan 2021 DENTONS’ DEMOCRATS Senate Gang of 16

The New Senate Bipartisan Group™—which we are calling the Senate Sweet 16™. This is a wide swath of the Senate, includes some members of the leadership and could prove to be useful to Joe Biden if the White House figures out how to use them as a power base in the chamber.

REPUBLICANS

Todd Young Jerry Moran Shelley Moore Capito Susan Collins (Indiana) (Kansas) (West Virginia) (Maine)

Lisa Murkowski Mitt Romney Rob Portman Bill Cassidy (Alaska) (Utah) (Ohio) (Louisiana)

DEMOCRATS

Joe Manchin Mark Warner Dick Durbin Jeanne Shaheen (West Virginia) (Virginia) (Illinois) (New Hampshire)

Angus King Maggie Hassan John Hickenlooper Mark Kelly (Maine) (New Hampshire) (Colorado) (Arizona)

43 • US Policy Scan 2021 CONGRESS Gary Palmer (AL-06) Committee Chair Republican Policy Committee Chair Republican Policy Current Leads Republican Conference on policy development Katherine Clark (MA-05) Assistant Speaker of theHouse Current Vice-Chair of the House Democratic Caucus Assists the Speaker of the House Leader Majority the and Liz Cheney (WY-01) Cheney Liz Chair Conference Republican Chair Conference Republican Current Leads organization efforts of all Republican Party members in the House James Clyburn (SC-06) Majority Whip Majority Whip Current Assists Democratic leadership in the programs legislative their of management Tom EmmerTom (MN-06) Republican Congressional National Committee Chair Republican Committee Chair National Current Organizes and manages Republican House campaign efforts Steve Scalise (LA-01) Minority Whip Whip Minority House Current Assists Republican leadership in managing the party’s legislative program Sean Patrick Maloney (NY-18) CongressionalDemocratic Campaign Committee Chair Elected DCCC Chair on December 3, 2020 Steny Hoyer (MD-05) Leader Majority Current House Majority Leader Represents Democrats and their interests on the House Floor

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ INCOMING HOUSE REPUBLICAN LEADERSHIP REPUBLICAN HOUSE INCOMING INCOMING HOUSE DEMOCRATIC LEADERSHIP DEMOCRATIC HOUSE INCOMING 44 Mike Johnson (LA-04) Johnson Mike Vice-Chair Conference Republican Serves alongside the Chair of the Republican Conference Kevin McCarthy (CA-23) Leader Minority Leader Minority House Current Represents the Republican Party on the House floor Hakeem Jeffries (NY-08) Democratic Caucus Chairman Current Democratic Caucus Chair Leads the organization effortsfor all members Caucus Democratic

Nancy Pelosi (CA-25) Speaker of the House Current Speaker of the House The presiding officer of the House of Representatives Leadership CONGRESS TBD Chairman of the Democratic Senatorial CommitteeCampaign Currently held by Catherine Cortez Masto (NV) Responsible for coordinating Senate strategy electto more Democrats Roy Blunt (MO) Committee Chair Republican Policy Republican Senate for Responsible development policy Debbie Stabenow (MI) Stabenow Debbie Chair of Democratic Policy and Communications Committee Current Vice-Chair of the House Democratic Caucus policy leading for Responsible Democrats Senate for development (VT) Sanders Bernie Chair of Outreach Current Chair of Outreach Leads effortsto engage Americans whofeel process political the from disconnect Tammy Baldwin (WI) Conference of Secretary Conference of Secretary Current committee intraparty for Responsible elections leadership and assignments (WY) Barrasso John Chair Conference Republican Chair Conference Republican Current committee intraparty for Responsible elections leadership and assignments Patty Murray (WA) Patty Murray Assistant Democratic Leader Current Assistant Democratic Leader Assists Democratic leadership in the management of their agenda and strategy Amy Klobuchar (MN) Chair of Steering Committee Current Chair of the Steering Committee efforts coordinating for Responsible between Democrats, advocacy groups agencies government and Rick Scott (FL) Republican Senatorial National Committee Chair Republican the strengthening for Responsible conference through recruiting and fundraising John Thune (SD) Republican Whip Whip Majority Senate Current and counting for responsible leader, Assistant securing party votes Cory Booker (NJ) Vice Chair, Policy & Communications Committee (Co-vice Chair) New position (previously only one vice chair of communications committee) and policy Dick Durbin (IL) Democratic Whip Current SenateMinority Whip and counting for responsible leader, Assistant securing party votes Mark Warner (VA) Vice Chair of Conference (Co-vice Chair) Conference of Chair Vice Current Assists Democratic leader in setting the Democratic agenda, messaging, and strategy • US PolicyScan 2021 INCOMING SENATE REPUBLICAN LEADERSHIP REPUBLICAN SENATE INCOMING INCOMING SENATE DEMOCRATIC LEADERSHIP DEMOCRATIC SENATE INCOMING 45 Joni Ernst (IA) Ernst Joni Vice Chair of the Senate Conference Republican Current Vice Chairman of the Senate Conference Republican Responsible for taking minutes of the party conferences Mitch McConnell (KY) Leader Republican Leader Majority Senate Current Head representative of the Republican Party on the Senate floor Joe Manchin (WV) Vice Chair, Policy & Communications Committee (Co-vice Chair) Current Vice Chair of Policy and Communications Committee Assists Chair in leading policy development Democrats Senate for Elizabeth Warren (MA) Warren Elizabeth Vice Chair of Conference (Co-vice Chair) Conference of Chair Vice Current Assists Democratic leader in setting the Democratic agenda, messaging, and strategy Chuck Schumer (NY) Schumer Chuck Leader Democratic Senate Leader Minority Senate Current Head representative of the Democratic party on the Senate floor CONGRESS Kay Granger (TX) Virginia Foxx (NC) Foxx Virginia Brad Wenstrup (OH) Patrick McHenry (NC) McHenry Patrick INTELLIGENCE APPROPRIATIONS FINANCIAL SERVICES FINANCIAL EDUCATION AND LABOR AND EDUCATION Adam Schiff(CA) Bobby Scott (VA) Rosa DeLauro (CT) Maxine Waters (CA) Glenn “GT” Thompson (PA) Thompson John Katko (NY) Jason Smith (MO) Jackie Walorski (IN) Walorski Jackie ETHICS BUDGET AGRICULTURE HOMELAND SECURITY Ted DeutchTed (FL) David Scott (GA) John Yarmuth (KY) Yarmuth John Bennie Thompson (MS) Thompson Bennie Rodgers (WA) Cathy McMorris Mike Rogers (AL) Rodney Davis (IL) Michael McCaul (TX) McCaul Michael ARMED SERVICES ARMED FOREIGN AFFAIRS FOREIGN ENERGY AND COMMERCE AND ENERGY HOUSE ADMINISTRATION HOUSE

• US PolicyScan 2021 Zoe Lofgren (CA) Adam Smith (WA) Frank Pallone (NJ) Pallone Frank Gregory Meeks (NY) DENTONS’ DEMOCRATS DENTONS’

46 House Committee Leaders Committee House CONGRESS (MO) Kevin Brady (TX) James Comer (KY) Blaine Luetkemeyer WAYS & MEANS & WAYS SMALL BUSINESS SMALL OVERSIGHT & REFORM & OVERSIGHT Richard Neal (MA) Nydia Velázquez (NY) Carolyn Maloney (NY) Maloney Carolyn Mike Bost (IL) Frank Lucas (OK) Bruce Westerman (AR) Westerman Bruce VETERANS’ AFFAIRS VETERANS’ NATURAL RESOURCES NATURAL SCIENCE, SPACE & TECHNOLOGY & SCIENCE, SPACE Johnson (TX) Johnson Eddie BerniceEddie Raul Grijalva (AZ) Mark Takano (CA) Takano Mark Tom ColeTom (OK) Jim Jordan (OH) Sam Graves (MO) RULES JUDICIARY • US PolicyScan 2021 Jerry Nadler (NY) Nadler Jerry Peter DeFazio (OR) TRANSPORTATION & INFRASTRUCTURE & TRANSPORTATION James McGovern (MA) 47 CONGRESS ted that the motion to proceed the that motion calendarted any to to item quired both party leaders seek attain “to an to equal he committee discharged were majority the by vote, e agreement motion being prohibited a cloture from measure or matter would be placed on the appropriate Senate calendar further await to parliamentary actions. Senate would vote on the dischargeSenate would vote motion, without any intervening action, motion, or debate; and If t Th filed amendable on any business of item during the first 12 hours in which it is debated; Re balance the of two the parties” of interests in scheduling and considering Senate legislative business; and executive and No continue“shall be considered to the of the prerogative although qualifyingMajority Leader,” such statement with the observation “Senate that Rules do not prohibit the right to move to theof Democratic other or any Senator, Leader, proceed item.” any to

Agenda Control and Cloture • • • • easure or nomination was not reported because of enate committeesenate equal would have numbers of

ll committee chair could discharge a subcommittee dgets and office spacefor all committees were equally is discharge motion could be debated hours, four for

Th equally divided and controlled the majority by and minority leaders. yielding After (or the expiration back) time, of the a tie vote in committee,a tie vote the majority or minority leader consultation(after committee with leaders) could move dischargeto the committee further from consideration of nomination; or measure such If a m from furtherfrom consideration if it was a measure of or matter, not reported because and a tie vote; of committeedivided, overall with budgets within remain to “historic levels;” Bu Republicans and Democrats; A fu All S • US PolicyScan 2021

organizational settlement depends in part upon its adaptability and that of its members to to members its of that and adaptability its part upon in depends settlement organizational changing circumstances” experiment. It differed from many established practices of the Senate. The agreement was not not was agreement The Senate. the of practices established many from differed It experiment. informal by be resolved to had that Senate the before came issues new and comprehensive, agreements, unanimous consent negotiations, or other means. The success of any Senate Senate any of success The means. other or negotiations, consent unanimous agreements, DENTONS’ DEMOCRATS DENTONS’ 48 • • • Matters or Measures Discharging • • Committees Committees The key provisions the of resolutionThe as key follows: were The Leaders reached an agreement soon after the Congress was sworn in. Senator Daschle presented to the the Daschle to The reached Leaders Senator in. soon an agreement presented Congress the sworn after was when parties the Senate the in powersharing were basis for organizational the S.Res. provided Senate 8, that equally divided. IN 2001, the Senate faced a similar partisan split. Negotiations about the organization of the Senate began Senate the of IN faced 2001, partisan a similar Senate the about split. Negotiations organization the and Republican the Daschle (D-SD), November 2000 Tom Senator late in between Democratic leader, the informally (R-MS). Lott Trent Senator leader, We’ve seen this before and the manner in which these issues were previously addressed and resolved provides and addressed manner the provides these which in and seen issues previously resolved before this were We’ve some a Schumer-McConnell clear what end clues looking might up agreement as to like. With the new Senate evenly split 50-50 a between of evenly Senate new the RepublicansWith and and approval Democrats, negotiation the some Committee each of could time. Senate take leadership the and structure Resolution approving Senate Senate Committee Leaders Committee Senate – Congressional– Service Research “The powersharing agreement in effect in the Senate from January to June of 2001 was an was 2001of June to January from Senate the in effect in agreement “The powersharing CONGRESS (Rules) E&NR)** Capito (WV) Capito Jim Risch (ID) Shelley Moore Shelley (Intelligence or Mike Crapo (ID) (Budget or Finance) or (Budget Richard Shelby (AL) Lindsey Graham (SC) Graham Lindsey BUDGET APPROPRIATIONS FOREIGN RELATIONS FOREIGN ENVIRONMENT & PUBLIC WORKS PUBLIC & ENVIRONMENT Tom CarperTom (DE) Patrick Leahy (VT) Bob Menendez (NJ) Bernie Sanders (VT) Sanders Bernie (EPW) Mike Crapo (ID) Mike Crapo (ID) Pat Toomey (PA) John Cornyn (TX) Cornyn John John Boozman (AR) Boozman John John Barrasso (WY) (Budget or Finance) or (Budget (Budget or Banking) or (Budget FINANCE ENERGY & NATURAL RESOURCES NATURAL & ENERGY Ron Wyden (OR) Joe Manchin (WV) Sherrod Brown (OH) AGRICULTURE, NUTRITION & FORESTRY & NUTRITION AGRICULTURE, Debbie Stabenow (MI) Stabenow Debbie BANKING, HOUSING & URBAN DEVELOPMENT URBAN & HOUSING BANKING, *Multiple pictures indicate committee indicate leadership undecided**Multiple pictures still Tim Scott (SC) Jim Inhofe (OK) Roger Wicker (MS) Wicker Roger James Lankford (OK) Lankford James AGING ETHICS ARMED SERVICES ARMED TRANSPORTATION COMMERCE, & SCIENCE (DE) Jack Reed (RI) • US PolicyScan 2021 Bob Casey (PA) Jr. Christopher Coons Coons Christopher Maria Cantwell (WA) 49 CONGRESS Ted CruzTed (TX) Lisa Murkowski (AK) INDIAN AFFAIRS INDIAN RULES & ADMINISTRATION & RULES Brian Schatz (HI) Amy Klobuchar (MN) Jerry Moran (KS) Rob Portman (OH) Portman Rob Chuck Grassley (IA) JUDICIARY VETERANS’ AFFAIRS VETERANS’ GOVERNMENT AFFAIRS GOVERNMENT HOMELAND SECURITY & HOMELAND & SECURITY Affairs) Gary Peters (MI) Peters Gary Dick Durbin (IL) (Whip) Jon Tester (MT) (Indian Rand Paul (KY) Roy Blunt (MO) (Small Business) (Small (Appropriations) Marco Rubio (FL) Marco Rubio (FL) Susan Collins (ME) INTELLIGENCE LABOR PENSIONS & HEALTH, EDUCATION, EDUCATION, HEALTH, Ben Cardin (MD) • US PolicyScan 2021 Mark Warner (VA) Patty Murray (WA) SMALL BUSINESS & ENTREPRENEURSHIP & BUSINESS SMALL 50 CONGRESS 222 Democrat: 222Democrat: 435 HOUSE p. Yvette Herrell (R-N.M.) is the first Herrell Republican (R-N.M.) Yvette p. Native ps. Michelle Kim, Steel both and immigrants Young Marilynp. Strickland is the first Black (D) representative Spartz Victoria p. is the first Ukrainian-born (R-Ind.) became Greene (R-Ga.) Marjoriep. the first Taylor p. Stephaniep. is Bice the first Iranian American (R-Okla) Corip. is Bush the first Black (D) represent woman to 211 American congresswoman. Re will be South thefrom only Korea, Republican women representing California in this Congress. Re state. Washington from Re person serve to in Congress. Re Republican woman elected represent Georgia to in the House a full term. for Re serveto in Congress. She is also the first be woman to elected the GOP’s freshman class president. Re Missouri in Congress. Re Republican: 211 Republican:

Mondaire Jones (D-NY) will become the first openly gay Black Members Congress. of With their election, the number Congress. in the 117th 11 to This grows lawmakers LGBTQ of nine with in the Housenumber, and two in the Senate, is the history. U.S. in largest Some Notable “Firsts” • • • • • • • Democrat: 50 Democrat: 50 100 SENATE*

50

Republican: 50 Republican:

DENTONS’ DEMOCRATS DENTONS’ Congress by the Numbers the Congress by MAJORITY MAP *As of the*As date of publication Senate - 2 GA Races in the Democratic Column have yet to be certified 51 • US PolicyScan 2021 According to NBC News, the 117th will have more LGBTQ NBCAccording LGBTQ more to News, will have the 117th (D-NY)members and Torres Ritchie before. than ever The are 6 IndigenousThe are Americans: 3 Democrats and 3 Republicans. Kaiali’l Kahele (D-HI) is only the second Hawaiian electednative in the nearly 60 Hawaiian years of statehood. Almost 80 percent Congress the of 117th is married and virtually thesame percentage haschildren. The age average Members of is compared 59, 60 in the to last Congress. House members 58 average and Senators 64.average The youngest Northmember, Carolina Republican Madison Cawthorn, is just 25. Democrats maintain still the lead women of serving in their including 89 with ranks total, nine newly elected members. In the House, the 27 of 60 incoming new members are women. Republicans than more doubled their 29 with ranks, women this Congress compared the last 13 topping term, to their 2005 women. 25 of high watermark The 117th CongressThe 117th in was on sworn January 3, ushering in one the of most closely divided in modern times. dug into We the demographics the of 434 House Members (Rep.-Elect passed Letlow and last 100 month) Luke away Senators and somefound tidbits. interesting CONGRESS 2 2 PhD PhD 17 17 5 5 MBA MBA 40 40 3 3 MD MD 17 17 7 0 33 33 JD JD 5 28 House Senate House Senate 141 141 117th Congress (20212022) by education background education by Congress (20212022) 117th 117th Congress (20212022) by education background education by Congress (20212022) 117th KEY TAKEAWAYS degree a law have of senators in the House and 33% of members • 32% an MD have of senators and 3% of representatives • 4% an MBA have of senators and 5% of representatives • 9% PhD a have of senators and 2% of representatives • 4% KEY TAKEAWAYS degree a law have of senators in the House and 33% of members • 32% an MD have of senators and 3% of representatives • 4% MBA an have of senators and 5% representatives of • 9% a PhD have of senators and 2% of representatives • 4% National Journal Vignette SOURCE ON 11/20/20 UPDATED SLIDE LAST National Journal Vignette SOURCE ON 11/20/20 UPDATED SLIDE LAST Republican women Republican Republican women Republican 5 36 117TH CONGRESS (2021-2022) EDUCATION BY BACKGROUND

16 3 88% 3% 1% Asian/Paci
ic American Asian/Paci
ic 89 43 Senate Democratic women Democratic Democratic women Democratic 46 White White Black Hispanic/Latino American Asian/Paci
ic 2% or more Two 5% election Uncalled 2% 105 Indian/Native American Indian/Native TTING A NEW RECORD NEW A TTING Uncalled election Uncalled 3 SE 23 318 (73%) 318 (12%) 54 7 (2%) 5 (1%) Hispanic/Latino 48 117 All women All women House Black races or more Two 51 140 White White Black Hispanic/Latino American Indian/Native 5 (1%) American Asian/Paci
ic (8%) 34 10 (2%) Other or more Two election Uncalled 2 Congress US House US Senate Congress US House US Senate • US PolicyScan 2021 Other White 117th Congress (2021 - 2022) by ethnic/Racial background (2021 - 2022) 117th Congress AT LEAST 140 WOMENAT WILL SERVE IN THE CONGRESS, 117TH BACKGROUND 117TH CONGRESS (2021 - 2022)ETHNIC/RACIAL BY Number of women of color in the 117th Congress of color in the 117th of women Number AND POLITICS WOMEN AMERICAN CENTER FOR Number of women in the 117th Congress in the 117th of women Number AND POLITICS WOMEN AMERICAN CENTER FOR At least 141 women will serve in the 117th Congress, in the 117th will serve women least 141 At record setting new a Center for American Women and Politics. American Women for Center SOURCE MICHELLE SCHRIER 11/20/20 52 CONGRESS 150 22 120 *This list is not exhaustive National Journal Vignette SOURCE ON 12/10/20 UPDATED SLIDE LAST 90 122 60 11 4 6 30 9 6 11 6 1 31 42 2 22 28 1 18 15 14 14 10 8 4 KEY TAKEAWAYS in Congress number of members • Catholicism has the greatest of Christianity identify with a branch senators and • Most representatives 7 House Senate 5 4 4 3 3 3 0 Islam Hindu Jewish Baptist Catholic Mormon Lutheran Episcopal Methodist

Christian - Evangelical Protestant - Episcopalian Presbyterian

Greek Orthodox Southern Baptist Christian Church African Methodist • US PolicyScan 2021 Non-denominational Unspecified Christian 117TH CONGRESS (2021-2022) BY RELIGION BY (2021-2022) CONGRESS 117TH 53 117th Congress (20212022) by religion by Congress (20212022) 117th CONGRESS John Thune (SD) Mike Lee (UT) Lee Mike ) (NC) OPEN (Burr Rob Portman (OH) Portman Rob ) (PA) OPEN (Toomey Ron Johnson (WI) Johnson Ron Democratic-held seat Democratic-held seat Republican-held RI NJ DE CT MA MD ME Jerry Moran (KS) Jerry Moran Rand Paul (KY) Rand Paul John Kennedy (LA) John Kennedy Roy Blunt (MO) Roy John Hoeven (ND) John Hoeven James Lankford (OK) James Lankford Tim Scott (SC) Scott Tim NY NC PA VA FL SC WV GA OH The GOPwill be defending the 20 seats Democrats’ to 14. Open seats in North Carolina and Pennsylvania, another race in Georgia, Raphael where Reverend Warnock will likely be back on the ballot running and a full term, for a race in Wisconsin look be currently the most to vigorously contested races, but, course, of surprise and a few retirements missteps can alsobe the add list. expected to to While the midterm curse has held the true last for cycles four it appears sufficient are there that in the Senate, today, Republican the Democrats for targets maintain potentially to their majority if the political environment is not a burden. KY MI AL TN IN IL MS WI LA AR MO IA MN Republicans (20) Republicans Richard Shelby (AL) Shelby Richard Lisa Murkowski (AK) Lisa Murkowski John Boozman (AR) John Boozman Marco Rubio (FL) Rubio Marco Mike Crapo (ID) Crapo Mike Todd Young (IN) Young Todd Chuck Grassley (IA) Chuck Grassley OK KS TX NE SD ND CO HI WY* NM* MT UT AZ ID AK NV WA OR CA Maggie Hassan (NH) Chuck Schumer (NY) Ron Wyden (OR) Wyden Ron Patrick Leahy (VT) Leahy Patrick Patty Murray (WA) Murray Patty Mark Kelly (AZ) Kelly Mark

indicates potentially vulnerable senators in 2022. in 2022. senators vulnerable indicates potentially

• US PolicyScan 2021 Alex Padilla (CA)* Padilla Alex Democrats (14) Democrats Michael Bennet (CO) Richard Blumenthal (CT) Richard Brian Schatz (HI) Tammy Duckworth (IL) Duckworth Tammy Chris Van Hollen (MD) Chris Van Catherine Cortez Masto (NV)Catherine Masto Cortez (GA) Warnock Raphael DENTONS’ DEMOCRATS DENTONS’ SENATORS UP FOR RE-ELECTION IN 2022 54 Senate midterm history the presidentialfor is as not dire quite party as the House history the is. Since the Civil War, president’s party has lost ground in 92 percent midterm of elections, but it has only lost 40 of ground in the Senate in 24 elections, or 60 percent the of time, seat an with average loss roughly 2.5of per cycle. Midterms are historicallyMidterms killers are the party for with in power, “power” being defined as House. having the White Since the the party the of presidentCivil War, has lost ground in the House 40 of in 37 midterm elections, loss an with average of 33 seats per election. Senators in Cycle in ‘22 in Cycle in Senators SENATORS UP FOR RE-ELECTION IN 2022 IN RE-ELECTION FOR UP SENATORS Bolding fill the seat Harris. to of Kamala *Appointed 1 • Dentons Policy Scan 2020 CONGRESS REP. JIM LANGEVINREP. (D-RI) CICILLINE AND DAVID (D-RI) Rhode Island has two House districts and not enough people supportto them. The expected two-into-one squeeze puts two Democraticthe incumbents state’s spot. in an awkward The senior Jim member, Langevin, is the first quadriplegic to serve in Congress and is well-regarded his colleagues by on both sides the of aisle, while Rep. David Cicilline, the former Providence of andmayor Chair the of “House Judiciary leadership has Antitrust”, on Subcommittee Committee ambitions. The governorship is open in 2022 and could eitherpresent for target an attractive member should they choose meet not to in a primary. Given these challenges, civil many organizations rights will be an how with eye thesecarefully watching redrawn districts are ensuring not minority that illegally are toward packed voters congressionalinto districts or otherwise distributed among deny that minority thedistricts opportunity in ways voters to represented. proportionately be seats in the US HouseTen be expected redistributed to are among during the states reapportionment Texas next year. could gain seats three and Florida other two. Five are states gainexpected one to seat each: Arizona, Colorado, Montana, North Carolina and Oregon. Recent estimates indicate that lose least to at likely are one10 states congressional seat: Alabama, California, Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island and New Virginia. West (If lose to a second were York seat, Alabama would not lose a process.) reapportionment the in seat the membersFollowing are Congress of already who most are according Politico, which conducted to riskat in the redraw, lawmakers,interviews operatives than more with and a dozen map both parties makers from across seven states:

• US PolicyScan 2021 55 In Texas, Florida, and NorthIn Texas, Carolina, Republicans will redistrictingtheeffectively control process, unless and until the courts,restrained by because the GOP controls the state thelegislature maps. will approve that In Pennsylvania, a Democratic maps power governor whatever has over veto the Republican-controlled legislature might produce. Even more important more Even redistricting purposes, for Democrats failed in the November 2020 elections gain of control to a single legislature previously state held Republicans. by Despite an increase in the number independent of redistricting commissions, including such in states as and Ohio, Wisconsin, Virginia Michigan, Pennsylvania, continued Republican a majority of control state of legislatures it very will make challenging Democrats for to their party’sprotect incumbents when congressional districts redrawn—asare Republican-controlled legislatures state in casesmany will be the lines. drawing In the November elections, Democrats had hoped and expandexpected their in to the control of US margin House and gain also a number of control legislatures. to state of To congressional disappointment, great and surprise Democrats’ Republicans achieved have a net currently pickup least at of seats12 in the House. US House every legislative and redrawn state districts are 10 years, based on the census latest data. The upcoming decennial redistricting process will produce hundreds of congressionalnewly drawn districts, turning a number of previously safe seats hotly into contested battlegrounds, colleaguesforcing cutthroat internecine into contests and potentially spurring a cascade early of As retirements. the boundaries most of districts will not change materially for the next 10 years once the redistricting process concludes the(unless courts), ordered by this process is crucial to determining the balance power of in Congress the for decade. next With such narrow margins currently between the parties in the House (222 Democrats and 211 211 and (222 House Democrats the in parties the between currently margins narrow such With years two next the of battles redistricting the be determined), to still races two with Republicans, the of a result as House the in seats lose or gain will states several As brutal. more be even could and legislatures state in fights for preparing are Democrats and Republicans census, next House the of control in a change in result could that courts—fights the cases, many in eventually, 2023. January as soon as

DENTONS’ DEMOCRATS DENTONS’ Redistricting Overview Redistricting CONGRESS NH ME MA RI CT VT DE

FL NJ DC NY MD SC VA MI PA GA AL WI NC OH WV IL IN KY TN MS By state legislature with stricter fairness standards standards fairness with stricter state legislature By By a hybrid system a hybrid By

IA LA AR MN MO KS TX SD NE OK ND CO MT WY NM By commission By ID AZ UT NV CA OR WA HI AK Source: Cook Political Report. Michelle Schrier 11/24/20 Report. Cook Political Source: At-large states At-large veto with gubernatorial state legislature By Overview of the redistricting process for congressional seats OVERVIEW OF THE REDISTRICTING PROCESS SEATS CONGRESSIONAL FOR REP. LUCY MCBATH (D-GA) MCBATH LUCY REP. BOURDEAUX (D-GA) CAROLYN AND REP.-ELECT REP.-ELECT MICHELLE FISCHBACH (R-MN) (R-MN) FISCHBACH MICHELLE REP.-ELECT ANGIEAND CRAIG REP. (D-MN) Georgia’s delegationGeorgia’s holding is likely districts. 14 But at Republicans, the process, over control total who have will address to want the ticking time bomb north Rapid Atlanta. of diversification and devastation in Trump-era the suburbs deprived Republicans two of House seats once were that GOP bastions, bank on to the safe GOP and it’s trying get to back least at one those of districts. achieve this. Creating a safe to ways several There are Democratic seat on Rep.-elect in Carolyn Bourdeaux’s turf, quickly Gwinnett growing would Rep. Lucy leave County, McBath without base, a natural potentially sidelining a popular Democrat a compelling with But McBath could story. keep any seat—and that to run not for still be may there a way a wholedistrict for in the red area decade, as Republicans discovered during the last two elections. State Democrats State reclaim failed the GOP-held to Senate state on Election and Day those boots with on the ground in branch government— of Minnesota third think the that state’s the judiciary—will the final have here. say If Minnesota loses a seat, Republican Rep.-elect Michelle district Fischbach’s western could be divided between the surrounding seats Republicans three by held, respectively, Jim Hagedorn, Then, Emmer. Stauber Pete and Tom Democratic Reps. Dean Phillips and Angie Craig would have takingunfriendly outside more avoid many in too voters to Cities suburbs. Craig isthe probably Twin in a tougher spot because her seat is and already rural more Republican- leaning than Phillips’.

• US PolicyScan 2021 AND LAUREN UNDERWOOD (D-IL) REPS. RODNEY DAVIS (R-IL), CHERI BUSTOS (D-IL) (D-IL) BUSTOS CHERI (R-IL), DAVIS RODNEY REPS. AND JERRY CARL (R-AL) REPS.-ELECT MOORE BARRY (R-AL) REPS. DAVID MCKINLEY (R-WV) (R-WV) MCKINLEY DAVID REPS. AND ALEX MOONEY (R-WV) MOONEY ALEX AND 56 Illinois lose is on to track a seat in Congress, and state mapmakers could struggle find enough to Democrat-friendly in northernvoters Illinois secure the seats to both of Reps. Cheri Bustos and Lauren Underwood, who each just barely survived their 2020 own re-elections. If Democrats give Rodney Davis someto East of St. Louis once belonging to Democrat Jerry Costello, the latter could be in much more competitive territory. Alabamans in the know think the two incoming freshman— Republicans Barry Moore and Jerry Carl—are looking at a head-to-head primary fight. Meanwhile, the potential 86-year-old of retirement GOP Sen. Richard Shelby could entice Republican Reps. Gary Mo Brooks and/or Palmer sparing a Senate primary, theinto legislature the dilemma all incumbents. protecting of Another unknown is whether Democrats a renewed will push make a second for majority- minority where than more one district in a state in four Black. is residents While this outcome could change once the census data is released, Alabama lose expected is currently to one Congressional seat. The GOP has a vice the grip over redistricting process. But shouldn’t that be concern of the to Sewell, only because Democratic Rep. Terri state’s member, Rights Act. she the holds Voting by a district protected Political prognosticators foresee possible several scenarios. McKinley or run against could Mooney retire in a primary, or fill Mooney run to a 2024 could prep for down to step Democratic Sen. Joe seat challenge Manchin’s or to fellow GOPRep. Carol Miller in the southern seat. The old country roads could be taking one the of three members congressional Virginia’s West of delegation home goodfor when districts three condense the Mountain State’s two. Politico “the that most writes new mapinto likely North into the and state bifurcates South, slicing GOP Rep. Alex Mooney’scentral district in half and placing his home base in the Eastern Panhandle Rep. with David McKinley’s seat.” northern CONGRESS th th  wi % % tates  (55 in s TX (39) eats where the legislature state and large seats eats with enforced partisan fairness 4 seats a bipartisan drawn by or nonpartisan commission (including VA) standards the governor of different are parties or the legislature has split partisan control 7 at- 12 58 s 49 s rymandered, which includes: which rymandered,

THE MATH THE • • • Of the remaining seats, 131 in states are with a Democratic trifecta. The House currently has 238 seats of House seats) that can’t be easily ger • a Republican trifecta while 66 are FL (29) NH ME MA RI CT VT DE Gain 1Gain 2 Gain 3 Gain AZ (10) CO (8) MT (2) NC (14) OR (6) FL NJ NY MD SC MI VA PA GA AL WI NC OH WV SD (1) UT (4) VA (11) VT (1) WA (10) WY (1) IL IN KY TN MS IA LA AR MN MO MD (8) ME (2) TN (9) MO (8) MS (4) ND (1) NE (3) NH (2) WI (8) NJ (12) NM (3) NV (4) OK (5) RI (2) SC (7 KS TX SD NE OK ND CO MT WY NM ID AZ UT NV No change No AK (1) AR (4) CT (5) DE (1) GA(14) HI (2) IA (4) ID (2) KS (4) KY (6) LA (6) MA (9) IN (9) CA OR WA HI AK Source: Cook Political Report. Michelle Schrier 11/24/20 Report. Cook Political Source: Other By state legislature with veto or hybrid, Dem trifecta or hybrid, with veto state legislature By By state legislature with veto or hybrid, GOP trifecta hybrid, or with veto state legislature By Lose 1 Lose AL (6) CA (52) CA IL (17) MI (13) MN (7) NY(26) OH (15) PA (17) WV (2) State breakdown by redistricting method State breakdown by redistricting Cook Political Report. Cook Political SOURCE 10/22/20MICHELLE SCHRIER By State, with Projected Number of House Representatives after 2022 STATE BREAKDOWN REDISTRICTING BY STATE METHOD CONTROL “TRIFECTA” ONE PARTY WITH CONGRESSIONAL APPORTIONMENT WITH WITH PROJECTED CHANGES APPORTIONMENT CONGRESSIONAL TO NUMBERTOTAL OF AFTER REPRESENTATIVES 2022 57 • US PolicyScan 2021 CONGRESS Carolyn Bourdeaux (GA-7-D) Public policy professor who flipped her district’s House seat after a narrow defeat in 2018 by highlighting her passion for health care reform and leveraging the district’s shift. demographic Sara Jacobs (CA-53-D) Jacobs Sara A former State Department and United Nations official with a background in global health and peacekeeping; successfully ran for Congress on health care, environment, andimmigration policies. (FL-19-R) Donalds Byron Conservative state lawmaker who focused his criminal his congressional on campaign 2020 justice and education policy record. David Valadao (CA-21-R) Valadao David Local dairy farmer who prioritized agricultural needs and drought relief during his three terms in Congress. After a narrow defeat in 2018, he returns Congress to in this Central Valley seat. Nikema WilliamsNikema (GA-5-D) Trailblazing Georgia Democratic Party leader with deep roots in activism and the successor theto late Congressman John Lewis, Williams wielded her position in the state legislature advocateto for women’s rights, voting rights reform, and improved health care access. Darrell Issa (CA-50-R) A successful inventor who previously spent 18 years in Congress and carved a niche for himself on technology, government reform, and oversight matters, Issa successfully ran in a new district on his extensive Congressional loyalties. partisan and experience (FL-15-R) Franklin Scott Naval aviator and entrepreneur that ousted an incumbent Republican, focusing on ethics over congressional tighter-than-expected policy; race put issues like Social Security and the pandemic at the forefront of Franklin’s bid. Jay Obernolte (CA-8-R) Video game developer turned local and state congressional 2020 Obernolte’s politician, campaign emphasized his fiscally conservative record rolling back California taxes and government oversight achievements. Maria Elvira Salazar (FL-27-R) Salazar Elvira Maria Veteran TV journalist and second-time congressional candidate who defeated an incumbent Democrat on an anti-socialism, platform. recovery-focused economic Kat Cammack (FL-3-R) Cammack Kat Small business owner and former Congressional stafferfor YohoTed Rep. (R-FL3), Cammack successfully campaigned for her former boss’ House seat on a platform closely Trump’s. President to aligned Michelle Steel (CA-48-R) Steel Michelle A first-generation immigrant, Orange County supervisor, and self-described “tax-fighter,” Steel defeated a centrist Democratic incumbent reclaim to a historically Republican, seat. California southern Barry Moore (AL-2-R) A veteran, former state legislator, and first elected officialto endorseTrumpfor President in 2015, Moore ran for Congress on a platform that largely emphasized veterans affairs, his national security goals, and a commitment to agenda. administration’s Trump the

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ HOUSE 58 Carlos Gimenez (FL-26-R) Former firefighter and Mayor Miami-Dade County. of Lauren Boebert (CO-3-R) Boebert Lauren advocate rights gun and restaurateur Local who unseated an incumbent during the primary election for her first venture into public office; successfully campaigned on a platform of strong social conservative values and administration. Trump the with alignment Young Kim (CA-39-R) A first generation American, longtime and staffer, office congressional district former state assemblywoman, Kim defeated a centrist Democratic incumbent on a platform of reducing taxes, helping businesses, and and immigration on compromise seeking health care.

Jerry Carl (AL-1-R) A business-savvy entrepreneur who currently serves as a Mobile County Commissioner, Carl ran represent to a solidly Republican district in the House; pledged allegiance President to Trump and supports conservative policies including ensuring gun rights, preventing tax increases, and implementing restrictive policies. immigration Meet the Freshmen the Meet CONGRESS Madison Cawthorn (NC-11-R) Eighth-generation western of native North Carolina seeking decentralize to the Constitution. the protect and government Jake Auchincloss (MA-4-D) Auchincloss Jake Former Marine closely connected to the healthcare industry, Auchincloss’s support his informs background transportation for infrastructure-based climate change policies. Cori Bush (MO-1-D) A registered nurse and racial justice activist who helped lead 2014 Ferguson protests, Bush defeated a longtime incumbent while platform. progressive a championing Ashley Hinson (IA-1-R) A former journalist and state representative, Hinson aims bring to conservative a voice to Iowa’s first congressional seat, emphasizing development, workforce reform, care health economy. agricultural the for support and (IN-1-D) Mrvan Frank dedicated official government Indiana Local helpingto low income populations, Mrvan’s prioritized congressional platform campaign affordable health care and education policy. Kathy Manning (NC-6-D) Manning Kathy A civic leader and former immigration lawyer Greensboro in connections strong with ran Manning development, community again for political officefollowing favorable support her for highlighting redistricting, the Affordable Care Act, job creation, and education investment. Jake LaTurner (KS-2-R) Fiscal policy wonk and experienced Kansas politico whose campaign platform promoted fiscal responsibility, support for the agricultural community, and aimed implement to social policies. conservative traditional (MN-7-R) Fischbach Michelle Proud conservative Minnesotan with a long history of service in the state legislature, and a recent stint as lieutenant governor; campaigned for Congress on a platform of support, Republican and agricultural cuts, tax social issues. Kaiali’i Kahele (HI-2-D) Kahele Kaiali’i A veteran and commercial airline pilot with experience representing Hawaii in state government, Kahele won his bid for Congress on a platform of economic recovery and progressive reform. (IL-15-R) Miller Mary A farmer and Bible school teacher, Miller is an incoming representative for a heavily Republican Illinoisan district in the House; campaign platform focused on supporting restrictive instituting industry, agricultural the socially promoting and reform, immigration conservative policies. Deborah Ross (NC-2-D) Ross Deborah Attorney and former state legislator who advanced progressive reforms in ethics, juvenile justice, and voting rights in the NC emphasizes platform Assembly; General addressing and investment education economic inequality. Lisa McClain (MI-10-R) A business executive and political newcomer, de-regulation, emphasized platform McClain’s saying that she “trusts” her citizens doto the right thing. Tracey Mann (KS-1-R) A fifth-generation Kansan who seeks to agricultural-dependent rural, a represent district in the House, Mann pledges focus to revitalization, rural policies and agricultural on while advancing conservative social policies. Marjorie Greene (GA-14-R) Georgian businesswoman embarking on her first experience in politics; campaigned on a strong fiscally and socially conservative platform. (IL-3-D) Newman Marie A Chicago native and former advertising executive, Newman emphasizes her support for progressive policies that protect the inequality, income address environment, provide and affordability, education improve all. to healthcare • US Policy Scan 2021 Matt Rosendale (MT-AL-R) Rosendale Matt developer- estate real and transplant Montana strong a established has turned-rancher presence within state politics throughout the past decade; maintained his consistent central focus of fiscal responsibility and social Congressional campaign. his conservatism in 59 Peter Meijer (MI-3-R) Meijer Peter Native Michigander, Army veteran, and supermarket chain heir who has spent the past decade involved in humanitarian and his continue will Meijer projects, development public service in Congress while promoting priorities. Republican policy traditionally Victoria Spartz (IN-5-R) Victoria Ukrainian immigrant whose background in the financial and education sectors informed her policy priorities in the Indiana Senate. Randy Feenstra (IA-4-R) Iowa state legislator and former local government official electedrepresentto the was he agriculture-dependent district rural, born in; Feenstra focused his congressional campaign platform on lowering taxes, farmers. supporting and deficit, the addressing Andrew Clyde (GA-9-R) Navy veteran who ran for Congress on strong a conservative platform that heavily emphasized limited government and low taxes. CONGRESS Burgess Owens (UT-4-R) A former NFL safety who overcame bankruptcy become to a corporate executive, Owens defeated a first-term Democrat on a national promotes that platform conservative security, trade, and health care reform. Pat Fallon (TX-4-R) Fallon Pat An Air Force veteran, businessman, and state legislator, Fallon’s 2020 campaign focused on his work in the state legislature pushing policies, promoting immigration restrictive conservative social policies, and opposing tax increases. NehlsTroy (TX-22-R) A two-term sheriff of suburbanFort Bend County, Nehls’ campaign focused on increasing access quality to mental health care and fighting for businesses. Texas Nicole Malliotakis (NY-11-R) Malliotakis Nicole The daughter of Cuban and Greek immigrants, Malliotakis defeated first-term member Max Rose represent to Staten Island Malliotakis grew up in Staten Island and came represent to the area in the state assembly over nine years. (OK-5-R) Bice Stephanie A state senator with a business development background who successfully flipped a Democrat-held Oklahoma district in 2020; Bice focuses on finding fiscally conservative policies that improve infrastructure, education, health. and Blake Moore (UT-1-R) Moore Blake former and executive development business A to elected recently officer service foreign represent the Utah district he grew up in, Moore draws on experience in his home state and abroad advocate to for improvements to defense, foreign policy, and land use. Diana Harshbarger (TN-1-R) Harshbarger Diana A pharmacist and Sunday school teacher representing a heavily conservative Tennessee. Northeastern in constituency Pete Sessions (TX-17-R) A veteran congressman, Texas Sessions has played a crucial role in Republican budget reform efforts and health care policy creation; in 2020, he successfully campaigned return to Congressto after being ousted in 2018. Andrew Garbarino (NY-2-R) Long Island state Assemblyman who succeeds retiring longtime Representative Peter King; focuses on fostering a pro-business issues. Island-centric Long and environment (NY-17-D) Jones Mondaire Progressive civil rights attorney elected representto the suburbs in Rockland and comprehensive for advocates NY; Westchester, reforms support to working families and low- Americans.income Beth Van Duyne (TX-24-R) Duyne Van Beth Two-term mayor Texas and regional Trump prioritizes who appointee administration nuclear and security, national immigration, energy investment in her 2020 campaign platform. Ronny Jackson (TX-13-R) Jackson Ronny Former White House physician who ran replaceto longtime Representative Mac Thornberry in the panhandle Texas after serving in the Navy and as a physician for Presidents George Bush, W. Obama, and Trump. Nancy Mace (SC-1-R) Mace Nancy Journalist and small business owner who campaigned on a pro-Trump, pro-environment platform counter to a 2018 flip of her ambitiously district; conservative historically rose through state politics, focusing on veterans’ affairs, abortion policy, and conservation. Teresa Leger Fernandez (NM-3-D) Fernandez Leger Teresa Tribal sovereignty attorney and progressive activist who became the first Latina to represent New Mexico’s 3rd district; aims to improve health care, protect the environment, and enact social change. Jamaal Bowman (NY-16-D) Justice Democrats backed educator who incumbent 16-term challenged successfully from the left; elected in November 2020, Bowman’ campaign emphasized a both for platform progressive comprehensive domestic and foreign policy, advocating for greater investments in education and low- income communities at home, while pursuing abroad. diplomacy and peace • US PolicyScan 2021 Tony Gonzales (TX-23-R) Gonzales Tony Navy veteran and patriot who proudly overcame hardship achieve to success; aims low- strengthen to opportunities provide to income communities as well as maintain a defense. national strong August Pfluger (TX-11-R) Pfluger August A long-serving Air Force pilot and former National Security Council advisor, Pfluger advocates for protecting the oil Texas industry in order maintain to jobs and achieve energy independence; says he will defend West Texas’ faith-based commonsense, “conservative, values”. Cliff Bentz(OR-2-R) An Ontario lawyer, rancher, and former state legislator who has found a policy niche in forest and water management, Bentz brings his legal expertise Congress to shape to federal policy on issues such as natural resources and health care. Ritchie Torres (NY-15-D) expert policy housing and councilman NYC advocating for progressive reforms; served as the chairman of the Public Housing and Oversight committee on the council, racial rights, LGBTQ+ rights, tenant prioritizing justice, and anti-corruption measures. Yvette Herrell (NM-2-R) Entrepreneur and real estate agent with almost a decade of experience in the New Mexico state House; running for Congress grow to the local economy, strengthen border security, and carry out the Trump Administration’s priorities. 60 CONGRESS Thomas Jonathan (Jon) Ossoff(GA-D) Documentary film producer, and investigative journalist. Uncertified. Roger Marshall (KS-R) Marshall politician, turned physician A advocates for health care reform and agricultural policy that supports farmers and district. rural predominantly his Scott Fitzgerald (WI-5-R) Wisconsin state Senate majority leader who has overseen some of the state’s central conservative reforms since the 2010 tea party wave; Fitzgerald pledges continue to pushing for fiscally responsible policies if elected representative of the predominantly red congressional district. Cynthia Lummis (WY-R) Lummis Cynthia Self-described deficit hawk with three decades of experience representing Wyoming at the state and federal level; advocates for a balanced budget, domestic mining, and production. energy John Hickenlooper (CO-D) Hickenlooper John Former governor, mayor, and brewpub entrepreneur known for practical approach health, to environmental issues, economicand growth. Marilyn Strickland (WA-10-D) Former mayor of Tacoma who helped rebuild the city after the 2007-2008 financial crisis and now aims tackle to the current economic recession with a role in Congress; passionate about modernizing infrastructure and the policies. equitable for arguing workforce, Bill Hagerty (TN-R) A successful investor and former ambassador who has promoted business-friendly policies and foreign direct investment in Tennessee, Hagerty embraced an enthusiastic pro-Trump platform in his run for Senate. Mark Kelly (AZ-D) Retired US Navy Captain, astronaut, and engineer, Kelly has served his countryfor over thirty years; successfully campaigned for Senate on gun control and health care policies. • US PolicyScan 2021 Robert Good (VA-5-R) Good Robert Former Liberty University administrator and Campbell County official who is an advocate for conservative social and cultural values and limited government. SENATE 61 Raphael Gamaliel Warnock (GA-D) Warnock Gamaliel Raphael He has been the senior pastor of Ebenezer Baptist Church in Atlanta since 2005. Uncertified. Ben Ray Lujan (NM-D) Luján has risen quickly through the ranks into House leadership, taking a pro-environmental, of forefront the to agenda pro-immigration the party. Tommy Tuberville (AL-R) A retired college football coach well known in the state for his time at Auburn who defeated former US Attorney General Jeff Sessionsto clinch the nomination; successfully ran for Senate on a conservative, Pro-Trump platform. CONGRESS , No. 19-840, raises the California v. Texas California v. , No.19-422, argued together on December the 9, No.19-1019, also raises California, No.19-1019, a severability v. Texas Google LLC v. Oracle America Inc., the No.18-956, v. courtGoogle will LLC Henry Sales Schein Archer and Inc., White No.19- Inc. v. ARGUED CASES NOT YET DECIDED question and whether the district court properly declared the the declared properly court district the whether and question in its entirety and invalid unenforceableACA anywhere. In software a to extends protection copyright whether consider interface as the jury and whether, found, the petitioner’s use a software of interface in the a new context creating of computer constitutes program use.fair In 963], the court will decide whether a provision in an agreementarbitration certain exempts that claims from otherwise an negates clear and unmistakable arbitration delegation questions of arbitrability an of arbitrator to In the cases Collins, Mnuchin of No.19-563, v. and Collins v. Mnuchin court will decide whether the anti-injunction clause in the act as conservator to authorizing Fannie statute for the FHFA Mae Mac and precludes Freddie a federal court setting from aside the net worth sweep agreements between the Treasury Department and as conservator, whether and the the FHFA shareholders precluded Mae Fannie are of and Freddie from bringing actions challenging the net worth sweep agreements because as conservator the FHFA inherits the shareholders’ bring actions derivative to rights on behalf the of enterprises. The structure court also will determine whether the FHFA’s violates the separation powers, of and, whether if so, the courts must set aside a final took agency action FHFA that when it was unconstitutionally down the and structured strike independent. agency the make that provisions statutory questions whether of the plaintiffs Article have III standing challengeto the minimum-coverage provision in Section the whether of ACA; the amount5000A(a) reducing zero to specified in Section rendered the minimum- 5000A(c) the whether so; if and, unconstitutional; provision coverage minimum coverage provision is the the of severable rest from ACA. Several criticalSeveral cases already been have argued not but are decided.yet Of those, the two highest-profile argued were on November 10 and challenge the legality the of Affordable Care Act (ACA). base population count, a number used allocate seats to in the House Representatives, of those persons in the who are country illegally.

, No.20-366, in a 6-3 , a caseargued on November , No. 19-71, decided, No. 19-71, on December the 10, , No.20A87, a case decided, No.20A87, without argument on

Tanzin v. Tanvir v. Tanzin Fulton v. City of Philadelphia v. Fulton • US PolicyScan 2021 62 When begin by noting that Associate Justice Stephen Breyer is 82 years old. While he hasn’t shown a desire to to a desire shown old. he While hasn’t years is 82 Justice Stephen Associate Breyer that When noting begin by decision his make making process may a Democratic majority easier. US the in Senate, retire, DENTONS’ DEMOCRATS DENTONS’ A CENSUS CASE DECIDED ON STANDING AND RIPENESS GROUNDS RIPENESS AND In The Supreme the early of current days Court which term, began in October been have dominated religious by freedom cases. In Roman Catholic Diocese v. Brooklyn, of New York Cuomo November 25, the court Andrew enjoined Gov. New York Cuomo Executive enforcing Order from 202.68’s 10- and 25-person occupancy limits on religious services during the pandemic,COVID-19 pending disposition the of appeal in the US Court Appeals of the 2nd and for Circuit disposition the of petition certiorari, of a writ for if such is a writ timely sought. On December 15, the high court ordered courts in Colorado and another New Jersey take look to religious at groups’ challenges restrictions in its light November of COVID-19 to decision25 case. in the New York Supreme Court 4 but decided, not yet the court will consider whether (1) free-exercise plaintiffs can only succeeda by proving particular type discrimination of claim—namely the that government would allow the same conduct someone by who heldreligious (asheld) different have circuits two views or whether courts must consider other evidence a law that is not neutral and generally applicable, as six other circuits held; whethershould Smith have (2) Division Employment v. whether and thebe government (3) revisited; violates the First Amendment conditioning by a religious agency’s ability participate on taking system care to in the actions foster and making statements contradict directly that the agency’s religious beliefs. Trump v. NewOn York December v. 18, in Trump decision, the court ruled that, because the challengers not shownhave standing and because the claims presented not ripe adjudication, were for early it was too resolve a lawsuit challengingto the legality the of Trump census’ decennial the from exclude to plan administration’s In court held the that Religious of Act Restoration Freedom 1993’s express remedies USC provision, 42 §2000bb–1(c), money obtain to appropriate, when litigants, permits capacities individual their in officials federal against damages religion of under exercise violating free for litigants’ to right the First Amendment. CONGRESS practice would that beused disproportionately racial by minorities, procedures if existing voting race-neutral even are andan voters offerequal all opportunity and (2) vote; to whether the US Court Appeals of the 9th for correctly Circuit ballot-harvestingheld prohibition Arizona’s that was tainted discriminatoryby though even intent the legislators admitted being partisanto driven by and despite interests the that fact concerns about appear fraud been have voter to “unfounded.” Club, Sierra No. 20-138, raises questions v. about a Trump President’s authority under Section 8005 the of Department Defenseof money Appropriations transfer between to Act the that 8005 says Section accounts. appropriations DOD Defense Secretary’s authority funds transfer internally to between DOD appropriations accounts not be used “may unless higher for priority items, based on unforeseen military requirements, than those which for originally appropriated and in nocase which where for the funds item requested are has been denied the Congress.” by The court will determine whether the Sierra the of Club acting obtain may review Defense Secretary’s such of transfer funds and whether in 2019 the acting Secretary exceeded his statutory authority under Section 8005 $2.5 approximately transferring billion by build theto southern border in response wall a request to the Departmentfrom Homeland of Security counterdrug for assistance under 10 USC 284 on DecemberFinally, 16, the court hear agreed to National No.20-512, Alston, Association andCollegiate a Athletic v. caserelated present that the question whether of the US Court Appeals of the 9th for erroneously Circuit held, in conflict decisions with other of and circuits general antitrust principles, that the National Collegiate Athletic Association eligibility rules compensation regarding student-athletes of federalviolate antitrust law.

No.19-508, be argued to on January 13, the AMG Capital Management, LLC v. Federal Trade Trade Federal AMG v. Capital Management, LLC National Association of Broadcasters v. Prometheus Prometheus National Association Broadcasters of v. • US PolicyScan 2021 SCHEDULED CASES NOT YET ARGUED CASES ACCEPTED BUT NOT YET SET FOR ARGUMENT 63 In Commission, Republican DemocraticIn Arizona Party National Committee, v. theNo. court 19-1258, whether will determine Section (1) 2 of Rights compels Act voting the authorize any Voting to states Two cases significance of Two set argument infor January. are court will consider whether Section the of Federal 13(b) Commission also Trade authorizing Act, by “injunction[s],” demand to Commission Trade Federal the authorizes monetary such relief as and, restitution the if so, scope of significant cases rights voting Arizona been have Two accepted argument but for scheduled. not yet In Brnovich the court will Democratic National Committee,v. No.19-1257, which policy, out-of-precinct decide whether Arizona’s (1) does not count provisional ballots cast in person on Election outside designatedDay the of voter’s precinct, violates Section Rights Act; whether and (2) the 2 of Voting Arizona’s ballot-collection which permits law, only certain persons (e.g., andfamily household members, caregivers, mail carriers and completed person’s another handle to officials) elections early ballot, violates either Section Rights Act the 2 of Voting or the 15th Amendment. In be argued to on January No. 19-1241, 19, Project, Radio the court will decide whether under Section 202(h) theof Telecommunications 1996 of Act the Federal Communications Commission repeal may or modify media ownership rules it determines that no longer are “necessary in the public as the competition” result interest of without statistical evidence about the prospective effectof its rule ownership. female and minority on changes the limits or requirements such for relief. CONGRESS passed July 2020, 1, is INVEST in America in Act, INVEST the dresses change, climate including reduce to strategies plements new safety requirements across all tends FY2020 enacted levels FY2021 through for tablishes a rebuild rural grant program to improve tablishes improve to program a rebuild grant rural authorizes FY2022-FY2025 for surface several vises Buy America procurement requirements for the safety, state of good repair, and connectivity good of state repair, of the safety, transportation communities; in rural infrastructure federal-aid highway, transit, and safety programs; federal-aid highway, re masshighways, transit, and rail; es im and modes; transportation ex re ad changethe climate impacts the of surface transportation andsystem conduct a vulnerability assessment identify to opportunities enhance to the resilience the of surface transportation and system ensure the efficient useof resources; federal transportation programs, including the federal-aid highway highway federal-aid the including programs, transportation carrier motor safety, transitprogram, programs, highway and programs; rail safety,

• • • an environmental and surface transportation infrastructure and surface transportation infrastructure environmental an bill addresses that federal-aid to provisions related research, carrier, motor safety, transit, highway highway, hazardous materials, and programs the of Department rail of bill the provisions, other Among (DOT). Transportation • • The bill also addresses campaign spending, including by expanding the ban nationals on foreign contributing or to spending on elections; expanding disclosure rules pertaining campaign elections, during money spending organizations to disclaimer revising and platforms; online and advertisements, requirements political for advertising. It establishes an campaignalternative funding certain for system federal offices.federal of involves smallmatching Thesystem candidates. qualified for contributions ethicsIt sets forth in branches all to three provisions related government.of Specifically, the bill a code requires of ethics federal judges for and justices, prohibits Members of the House serving from entity, on the board a for-profit of expands enforcement regulations of governing foreign and conflict-of-interest additional establishes and agents, ethics provisions federal employees for and House. the White The bill also candidates requires President for and Vice submitPresident to 10 tax years of returns. H.R.2, •

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ 64 HR People 1, the the passed For 2019, of Act March 8, 2019, bill rights is addresses that a voting access, voter election election political security, integrity, spending, and ethics the branches three for government. of It expands voter and accessregistration voting and limits removing voters establish rolls. The to bill states voter provides for from The commissions. redistricting nonpartisan independent, bill also election sets forth to provisions related security, including sharing intelligence election state with information officials,the rolls,security protecting supportingvoter theof in securingstates their election systems, developing a the security protect to national and strategy integrity of legislative the in establishing institutions, democratic U.S. branch the National Commission United States Protect to the improve to provisions other and Institutions, Democratic systems. election of cybersecurity In begin fact, we the at beginning, the numerical beginning. The House 116th passed each the of Democratic sponsored bills numbered HR the HR 1 through Not 9. surprisingly, Senate has not considered or passed these of any bills. So thesewhat are nine bills? So, howSo, do reduce we these 431 Democratic sponsored bills thethat House passed and the Senate did not consider a far to manageablemore number analysis? Where for do begin? we Even with a materially smaller a materially with Even Democratic majority in 2021, the House pass to is likely once again bills most the of key it passedthat in the prior Congress. if the chances Even of Senate passage these of several of slim bills because are of such Democratic narrow the the of of control Senate, several bills the that House manages pass to in 2021 nonetheless are beforthe in offered to messagingSenate likely purposes. We believe, a review of these of believe, review a 431We bills is instructive. They set Democratic andtone, a clear provide key policy window into priorities, largely ignored the Senate in the by last Congress, canthat and will be pursued now Democrats that will control what bills will reach the Senate floor debate. for Since the 2014 elections led Republican that to Senator Senate the Leader, Majority the becoming McConnell Mitch has been seen most by political commentators as the place where Democratic-sponsored bills passed the House by go to die. That characterization is well-earned. As November of 3, 2020, last general a search year’s the of website election day, Congress.gov that,revealed since January 3, 2019 when the Congresscurrent convened, the House has passed 431 bills sponsored Democrats by the that Senate has not up. taken

in the 116th Congress 116th the in A look at House Passed Legislation Legislation Passed House at A look CONGRESS American passed Dream 2019, of Act and Promise passed May 17, 2019, prohibits Act, passedEquality 17, May the- the- discrimination based on sex, sexual orientation, and gender identity in a wide variety areas of including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual prohibited the among identity gender and orientation, categories of discrimination or segregation. The bill expands the definition public of accommodations to exhibitions, (1) provide that establishments or places include amusement, exercise, recreation, gatherings, or displays; (2) services. transportation (3) and programs; or services, goods, The bill allows the Department Justice of intervene to in equal actionsprotection in federal court on account sexual of identity. gender or orientation H.R.6, June 4, 2019, cancels and proceedings prohibits removal against certain aliens and provides such aliens a path with permanenttoward resident status. The Department Homeland of Security or (DHS) the Department would Justice of cancel (DOJ) removal proceedings against certain aliens who the United entered asStates minors and such grant aliens conditional permanent residence 10 years. status for The bill would impose various qualification requirements, such as the alien being continuously physically present in the United and States being enrolled in or having completed certain educational programs. establish DHS to would have streamlined for residence permanent conditional for apply to procedures aliens who received Childhood Deferred Action for Arrivals status and not disqualified were (DACA) renewal. for DHS the conditional would remove permanent resident status such to aliens,granted if the alien applies and meets certain requirements, such as completing certain an programs at educational institution or serving least at two years in the Uniformed Services and being discharged honorably. DHS would or cancel DOJ proceedings removal against certain aliens who qualified temporary status for or deferred protected enforced departure status on certain past (both dates statuses such For aliens covered temporarily removal). protect from aliens who apply and pass the background required checks, DHS would permanent grant residence status. The bill expands the circumstances under a court which (1) the authority retain may preclear to changes voting made or political a state by subdivision, the Department or (2) of Justice assign may election observers. andStates political subdivisions notify would also to have the public changes of practices voting and to the bill would the circumstancesrevise under which court a would have preliminary grant into challenge a relief injunctive voting to practices. H.R.5, Elijah E. Cummings Lower Drug E. CummingsCosts Elijah Lower Now Act, the Voting Rights Advancement Rights 2019, of Act the Voting ational motor vehicle per-mile user fee to restore andational vehicle motor user per-mile restore to fee maintain the long-term solvency of the Highway Trust Fund Fund maintain the long-term solvency Trust the of Highway and achieve and good of maintain a state repair in the surface transportation system. directs DOT to establish to demonstrate DOT a pilotdirects to program a n • US PolicyScan 2021

The bill specifies practices jurisdictions meeting certain language groups, minority racial regarding thresholds minority groups, or minority groups on Indian land, would preclear implementing. to before have These practices include changes methods to election, of changes to jurisdiction boundaries, redistricting, changes voting to registration voter to changes and opportunities, and locations list maintenance. All jurisdictions preclear to would changes have to the requirements make documentation that for vote to requirements more stringent than federal requirements for mail law. who or by register state voters A state or politicalA state subdivision obtains that a declaratory judgment it has that not used deny or practice a voting to would preclearance. be from abridge exempt vote the to right A state and all its political of A state subdivisions would be subject to preclearance practice voting of changes a 10-year for period 15 violations rights or voting more occurredif (1) in the state during 10 the or previous oryears; violations 25 more (2) occurred during the previous years, 25 least at one which of A politicalwas committed itself. the subdivision state by as a unitseparate would also be subject preclearance to a 10- for year period violations rights or if three voting more occurred duringthere the previous years. 25 passed December 6, 2019, establishes new for criteria determining which and states political subdivisions must obtain preclearance changes before practices voting in to these effect.(Preclearance take areas may theis process of thereceiving Department from preapproval Justice of or the U.S. District Court the District for Columbia of making before legal changes wouldrights.) that voting affect H.R.4, Among other things, designed provisions the are bill’s lower to prices drug fair through price negotiation, Medicare provide Partswith B and D prescription drug inflation reduce rebates, the annual spending out-of-pocket threshold and eliminate beneficiary cost-sharing this above threshold, increase drug for improvements program include transparency, price Medicare low-income beneficiaries, establish vision dental, and hearing coverage under Medicare, increase NIH, and FDA Opioids funding, and expand guaranteed issue with rights respect Medigap to policies. H.R.3, passed December 12, 2019, establishes programs several and the prices requirements to relating prescription of drugs, health coverage care and costs, and public health. • 65 CONGRESS

(passed (passed (passed (passed (passed (passed (passed 22, May 2019) (passed January 2019) 28, (passed January 2020 15, (passed June 29, 2020) PatientProtection and Affordable Care Fairness for High-Skilled for , the Fairness Immigrants Act , the Protecting Older Against Workers , the Consumers Act First , the Electronic Message Preservation Act , the- . the Forced Arbitration Injustice Repeal Act Promoting Transparent Standards for Transparent , the Promoting , the Raise the Act Wage (passed July 18, 2019) , the Background Checks Act Enhanced , the Rehabilitation for Multiemployer Pensions , the Combating Sexual Harassment in Science , the Emmett Till Antilynching Act Washington, D.C. Admission Act Admission D.C. , the Washington, .1425 .51 .582 (passed 2019) July 24, R.35 R.1044 R.1112 R.1230 R.1423 R.1582 R.36 R.397 R.624 R.1500 H. (passed July 2019 10, Act Discrimination H. 2019) 20, September (passed H.R Enhancement Act H. H. H. H.R H. Act H.R H. H. H. February 28, 2019) H. (passed March 12, 2019) February 26, 2020) Act (passed July 23, 2019) June 26, 2020 Insiders Act Corporate

OTHER DEMOCRATIC BILLS PASSED THE HOUSE BY IN THE PRIOR CONGRESS BE CONSIDERED MAY THAT AS OF THEPART 2021-22 BIDEN LEGISLATIVE AGENDA Obviously, it’s not possible it’s Obviously, cover herein all the of 422 to other Democratic-sponsored bills the that House passed but the Senate never considered, and these of many bills do not warrant additional an are here Nonetheless. event. any in attention such Democratic key bills51 passed House the current by but ignored the Senate could that by well receive Congressional attention in some during form the next two notable years. With a few exceptions,bills passed that the House or under voice vote by suspension the of rules not included are in this list. ease For of thesereference, House listed bills in ascending are bill order by number Congress: the current from • (Sec. 6) Within six(Sec. months, 6) the President would contract with the National Academy Sciences of report to on the potential the the Unitedimpacts from by States a withdrawal of the of competitiveness economic global the on agreement workers. U.S. on and economy U.S. the Government Within Accountability one(Sec. 8) year, Officeto wouldstudyreport and also have theon impact of territories. U.S. on plan the • • • • • • • • • • • •

the Bipartisan Checks Background 2019, of Act the Now Action Act, passed Climate 2, May 2019, passed March 27, 2019, the Act, passed Fairness Paycheck March 27, • US PolicyScan 2021 66 (Sec. 5) Within(Sec. six 5) months, the President would also to have report on the effecttheof Paris Agreement on clean energy communities. rural in development job (Sec. 4) The bill(Sec. outlines 4) what must be included in the plan, including cut descriptions greenhouse (1) steps to of gas emissions below 26%-28% by 2005 2025, levels by and confirm(2) other that parties the agreement to major with economies fulfilling are their announced contributions. The seekPresident to would and have publish comments from the public when submitting and updating the plan. (Sec. 3) In addition,(Sec. 3) the bill prohibits federal funds being from the agreement. from used withdraw to requires therequires develop President and to update annually a meetplan the United for to States its nationally determined contribution under the Paris Agreement on change. climate H.R.8, H.R.9, The bill also the directs Department establish Labor of (1) to and carry negotiation for out program a grant skills training addressprograms to disparities, pay including through womenoutreach to and conduct girls; (2) studies eliminate to disparitiespay between men report and women; on (3) the gender gap pay in the teenage make labor workforce; and (4) available on information wage discrimination assist to the discrimination. such addressing and understanding in public between Specifically, transfer firearm prohibits a it private parties unless or a licensed manufacturer, gun dealer, importer first possession takes conduct the of firearm to a background check. prohibition The does bill’s not apply to certain such firearm transfers, as a gift between spouses in good faith. The Equal Employment Opportunity Commission (EEOC) and and (EEOC) Commission Opportunity Employment Equal The the OfficeFederalof Contract Compliancewould Programs employees EEOC train andbe to other directed affected parties on wage discrimination. firearm for requirements check background new establishes betweentransfers parties unlicensed private (i.e., individuals). addresses wage discrimination on the basis sex. of It amends equal Labor provisions pay the of Fair Standards 1938 of Act the use restrict the of bona (1) fide defense wageto factor to discrimination claims, enhance (2) nonretaliation prohibitions, an it unlawful signemployee make require a to to (3) contract or prohibiting waiver the employee disclosing from aboutinformation increase wages, the employee’s and (4) civil penalties violations for equal of provisions. pay H.R.7, DHS would not be use ableapplications from information to adjustto status under this immigration bill enforcement for purposes establish and to would for program have a grant nonprofit organizations assist that individuals certain with issues. immigration-related CONGRESS

(passed March 2, 2020) (passed September 29, 2020) 29, September (passed (passed November 18, 2019) Fair Debt, the Collection Fair Practices for , the Improving Corporate Governance , the Investor Protection and Capital Markets , the Prison to Proprietorship for Formerly Formerly for Proprietorship to Prison the , , the Domestic Prevention Terrorism Act , the ProtectingCritical Infrastructure Against (passed June 29, 2020) , the Ensuring Children and Child Care Protecting Your Credit, the Protecting Score Your Act (passed , the Prison Proprietorship to Act (passed , the Ensuring Diversity in Community Banking , the Clean Economy Jobs and Act Innovation , the Delivering for America Act (passed August Consumer Product Safety Inspection , the Inspection Consumer Safety Product Restoring Tax Fairness for States, the and Restoring Tax Emergency Housing Protections and and Protections Housing , the Emergency , the George Justice Floyd in Policing Act Stopping Harmful Interference, the Harmful Stopping in , the Child Care for Economic Recovery Act .5003 .5065 .5078 .5084 .5322 .5332 .5377 .5602 .7301 .4617 (passed September 21, 2020) 2020) 21, September (passed R.7327 R.7909 R.8015 R.8134 R.7120 R.4344 R.4432 R.4447 22, 2020) H. (passed September 24, 2020) 24, September (passed Act Servicemembers Incarcerated (passed Act January 8, 2020) January 2020) 9, Through Diversity Act (passed November 2019) 19, H.R Act H.R H.R Localities Act (passed December 2019) 19, H.R H. (passed June 25, 2020) H.R ReliefAct H. H. 2020) 16, Are SafeWorkers September Act (passed H. Enhancement Act H. H. H. H.R H.R H.R H.R H.R 2020) 29, June 2020) 21, September (passed (passed July 29, 2020) Fairness Act Fairness Drones and Emerging Threats Act (passed February 10, 2020) Elections for a Lasting Democracy (SHIELD Act- Act) (passed October 23, 2019)

• • • • • • • • • • • • • • • • • •

(passed (passed (passed (passed (passed (passed (passed (passed (passed (passed Protecting the Organize Right to Act he Violence Against Women Reauthorization , the Gap 8-K Act (passed Trading January 13, , the Homeland Security Improvement Act Protecting American , the Protecting Lungs and , the Outsourcing Accountability Act , the Strength in Diversity Act (passed Insider Trading Prohibition Act Prohibition , the Insider Trading Short-Term Detention Standards Act , the Short-Term Promoting Respect, the Promoting for Individuals’ Reforming Disaster, the Reforming Recovery Act , the Standards Humanitarian Individuals for , the USPS Fairness Act (passed February 5, , the- , the Securing Federal Election America’s Act , the Equity and Inclusion Enforcement Act Comprehensive CREDIT, the Comprehensive Act , the Corporate Transparency Act , the Secure Enforcement And Fair Banking Act , t , the Coastal Marine Economies and Protection SEC Disclosure Effectiveness Testing Act Testing Disclosure Effectiveness , the SEC .3621 .2574 .2513 .2534 (passed September 11, 2019) 11, September (passed (passed April 4, 2019) R.4335 R.3624 R.3670 R.3702 R.3299 R.2722 R.3239 R.2639 R.2474 R.2339 R.2382 R.1941 R.2203 R.1595 R.1815 November 18, 2019) H. 2020) October 18, 2019) (passed July 25, 2019) H. (SAFE Act) (passed 2019) Act) (SAFE June 27, January 2020) 29, H. H.R H. H. Dignity and Equality Act (passed 2019) July 24, H. October 22, 2019) H. inCustoms and Border Protection Custody Act (passed 2019) July 24, H. H.R 2020) 15, September H.R (passed September 25, 2019) 25, September (passed H.R December 5, 2019) H. H. Reversing the Youth Tobacco Epidemic Tobacco ActReversing (passed the Youth February 28, 2020) 2020) H. H. (passed September 25, 2019) 25, September (passed H. (passed February 6, 2020) 2020) 16, September (passed H. Act H. H.R.1585 Act (passed 2019) October 17, • US Policy Scan 2021

• • • 67 • • • • • • • • • • • • • • • • • 50 state overview

Attorneys General State Policy Scan

68 • US Policy Scan 2021 50 STATE OVERVIEW Healey • 2022 Healey • 2022 Neronha • 2022 Tong Grewal Appointed Jennings • 2022 • 2022 Frosh Morrisey • 2022 Morrisey 2024 James Frey Moody 2022 2024 2024 Stein 2021 Donovan 2024 McDonald Herring Appointed Appointed Shapiro 2022 Wilson Carr 2022 Yost 2022 2023 Cameron 2024 Nessel 2022 2024 Marshall Rokita Slatery Appointed Fitch 2023 2022 Raoul Kaul 2022 2022 2023 legal and policy agenda during the past years, are four actively positioning themselves be call what they to the “last theline Biden-Harris by defense” of potential overreach from administration. Beyond the standard legal and policy disputes in the areas healthcare, of energy and the environment, we mandates, COVID-19 seeexpect labor to to litigation related more. and immigration issues, in Indiana and Montana, while the Democrats withstood challenges their in North AGs to Carolina and Pennsylvania. Including Washington, DC, the GOP holds currently AG 26 theseats Democrats’ to 25. 2024 Landry GOP DEM Schmitt Rutledge* 2022 Miller * term limited 2022 Ellison 2022 Hunter 2024 2022 Schmidt Paxton 2022 2022 Peterson 2022 Ravnsborg Stenehjem Connors 2022 Appointed Weiser 2022 B. Hill Balderas* Appointed 2024 Knudsen 2024 Reyes 2022 2022 Brnovich* Wasden Appointed Ford 2022 2024 Ferguson 2024 times — nearly double those of Obama of times those double —and nearly Bush Rosenblum 2022

Becerra

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ EXPECTATIONS FOR AGS DURINGEXPECTATIONS THE BIDEN ADMINISTRATION STATE AG ELECTION AG RESULTS STATE

138 69 State attorneys general have sued Trump's administration administration Trump's sued have general attorneys State Although electoral landscape the AG the AG is familiar, political landscape dramatically is expected shiftto during the Biden administration. Democratic collectively, who, AGs, filedhave than more 100 lawsuits against theTrump administration on issues the ranging environment from to defenders of the role healthcare, transition expected to to are Republican Conversely, administration. Biden incoming the of whoAGs, generally supported administration’s the Trump

The results of the 2020 state attorneys general (AGs) The general attorneys results the of 2020 state (AGs) elections resembled what occurredin other elections at the federal levels: maintenance and state the of status quo. The Republicans successfully defended their open seats AG Attorneys General Attorneys 50 STATE OVERVIEW frontline healthcarefrontline experience, he on was active healthcare policy issues during his time in Congress (he represented Angeles Los Downtown in the House 1993 from 2017) to and has been aggressive on healthcare policy and litigation matters during Becerra his time in Sacramento. As AG, has filed numerous defend Act lawsuits the Affordable to Care and led enforcement actions on drug pricing, anticompetitive alleged and industry pharmaceutical the in conduct delay” for schemes“pay certain by drug manufacturers. a numberThere are other of ambitious Democratic AGs be expectedwho considered to are roles in the for Biden administration. • US PolicyScan 2021 AGS AS NOMINEES ENFORCEMENTPRIORITIES FOR AGS 70 In recent years, many AGs have found successIn recent have years, AGs many seeking higher office,of which there is no betterexample than Vice President-elect Kamala Harris, who was a California AG becoming before Similarly, a US state. that Senator from her successor Becerra, Xavier as California AG, was recently nominated President-elect by Biden be Secretary to Health of and Human Services. Although Becerra AG does not have Beyond AG litigation Beyond in support AG or of opposition the to next administration, certain AG multistate areas for key investigations and litigation of the private sector are expected, including action on consumer antitrust protection, COVID-19-related sector, tech the in competition and lawsuits,environmental healthcareprotection affordability, and data breaches, and perhaps a renewed enforcement relationship between and will be AGs anticipate what many a aggressivemore Consumer Financial Bureau. Protection 50 STATE OVERVIEW

State budgetState cuts will be Alaska has still no state a vote of the of peoplea vote implement to $2 billion. As this of writing, leadership in both chambers remains undecided, a stalemate could that extend into the first weeks the of next legislative session. issues: Key Permanent fund dividend: Gov. Mike Dunleavy has proposed (R) paying out nearly $5,000 each to Alaskan through 2021, which the would state strain proposed has he addition, In budget. formula dividend statutory the changing and a constitutional amendment to dividend fund permanent the guarantee both which of will inevitably(PFD), be legislators. with controversial Revenue: income or sales tax, which has become a sticking point on both sides the of petroleum aisle revenues as the state’s waned.have The Governor has amendments constitutional proposed a spending create to cap and require taxes. new Spending: on the table again as Alaska grapples budget its with deficit. the first For time years, in several the Governor has proposed a $300-350 million proposal bond project infrastructure designed put Alaskans to work to building around the state. infrastructure Arizona will Legislature The State Arizona reconvene in January after a fraught election season led civil that war to Doug Ducey Gov. GOP. within the state after certifying(R), Joe win, Biden’s thelooks turn page to on the election in focus onorder a list to priorities of and a looming budget deficit. deficit. budget looming a

narrow the digitalnarrow divide, between Alabamians and rural urban/suburban includingin particular, expand effortsto connectivity. last-mile and middle-mile Medical cannabis: Heading into the session, legislative 2020 the Alabama Medical Study Marijuana legislation recommended Commission authorize medicalto marijuana in the After the abruptstate. abbreviation theof 2020 session, it is expected for the 2021 session will lawmakers that again introduce legislation that sets theout licensing for a framework of the of advertisement dispensaries, drug, establishment a statewide of seed-to-sale tracking and system, other regulatory measures. measures. regulatory other Gaming: In the opening the of days 2020 legislative session, Ivey Gov. effectively paused legislative proposals expand gamingto the creating by Governor’s Study Group on Gambling and thoroughly gather review Policy to all the about facts gambling in Alabama. The Study Group recently issued an 875-page report that estimated various from the state for revenues gaming, of forms identified policy forward moving state the for options and provided public opinion/polling data on the issue. Although the Study Group did not set specific priorities for legislative action, the report noted that lotterya statewide is one the of more andlucrative politically populargaming lottery session, the to Looking options. proposals expected in are addition to other expansions gaming of in the state. Alaska The legislative session, which begins on January will undoubtedly 19, be contentious as Alaska continues to exceeding deficit budget a with grapple

• US PolicyScan 2021 DENTONS’ DEMOCRATS DENTONS’ 71 Rural broadbandRural deployment: While broadband connectivity was a the COVID-19, before issue prominent pandemic has amplified the issue, as households of number increasing an now connectingare to remotely work, school It and the doctor. even is anticipated that legislative leaders furtherwill be promoting to initiatives upcoming session. With the next statewide election election statewide next the With approaching in 2022 all legislative for offices,and executive Republicans hold solid supermajorities in both chambers theof Alabama as Legislature well as 2020 The governorship. the of control global pandemic will impact the 2021 legislative session both in substance and process, since several are there policy issues arisen have that due to in addition a significantCOVID-19 to number legislative of the items from 2020 session postponed were that issues: Key measures: response COVID-19 Legislation limit civil liability to for the during businesses operating pandemic was not passedduring the session, legislative 2020 shortened included (R) Ivey such Kay so Gov. in herprotections Public Health Governor, The Order. Emergency business the and leaders legislative community to intend they stated have fully codify such liability in protections addition, In session. 2021 upcoming the the Governor has via executive stated order she that does state not for intend funds beor relief federal COVID-19 to included as taxable income, and has pledged the with work Legislature to Alabama Alabama to 2021. enactto this tax policy in the 50 state overview 50 STATE OVERVIEW of more affordable more of single- and multi- housing.family Limiting local control zoning issuesover the list. will top Economic recovery: general Multiple likely are bonds) (GO bonds obligation be discussedto placement for on the 2022 ballot. Wildfire climate prevention, workforce and adaptation change development will lead the discussion in area. this Public safety efforts reform: Many to address public issues safety reform stalled in the 2020 legislative session. They will be in 2021 resurrected with attention on officer use force, of training community- funding and discipline, and based law enforcement activities. Colorado TheGeneral 73rd Assembly will convene its first for regular session on January 13, 2021. House and Senate Leadership announced have after that the swearing House in of and Senate members, The General Assembly will recess one for month minimum at in hopes a decrease of in COVID-19 cases the time reconvene. by they The legislature will be in session 120 for calendar ending days unknown. on date issues: Key Law enforcement accountability and jail depopulation:2020 saw the the Enhancepassage SB20-217, of Law Enforcement Integrity Act, which allrequires local enforcement law State Colorado the and agencies issue to body-wornPatrol cameras their officersto and timelineset a the releasefor the recordings of to public; governmental revisions to immunity; and law directions to enforcement agencies on handling public demonstrations. The bill has additional areas will require that several funding and clarification for work localfor governments. Legislation to address jail populations across the is beingstate drafted now which would crimes, certain for bonds money impact vs.arrest summons in certain cases, and directions managing for county jail populations. While some policies beenhave modified accommodate to Vaccine distributionVaccine and California continues to fail to California continues to fail to other response-and-recovery programs programs response-and-recovery other the pandemic to relating will be an important focus during the 2021 session. is The working still State on the details its vaccine of distribution plan, and as the a result of pandemic experience the of last nine months, a small legislators of and group growing the Governor’s review to want powers. emergency California The was Legislature California State in onsworn December officially 7 to Legislativethekick-off 2021-22 Session. The Democrats continue hold to a supermajority in both houses. Senate Democrats picked up 2 seats and now a 30-9have count, one with vacancy. In thethe Assembly, Republicans managed pick up one to seat but remain outnumberedone with 60-19, independent. Due capital to gains tax budgetrevenues, the state is expected a deficit avoid the remainderto for of That will change, fiscalthe current year. the next for fiscal three however, years, the with Department Finance of predicting significant shortfalls dueto the COVID-19-created recession. issues: Key moratoriums:Eviction Governor and NewsomGavin the Legislature (D) reached deal in the 2020 late a tentative session protections expand renter to thethrough first quarter 2021. of Much activity is expected early in the session and moratoriums eviction extend to foreclosures as the a resultprevent of pandemic. Housing: meet demand an ever-increasing for housing. The will continue Legislature to provision the to relating issues prioritize Assembly, the state legislature. theAssembly, state The plan taxing for new residents a lower at rate has received some pushback the from legislature. Additionally, many feel that the used car sales tax proposal does not go enough far called and have for the elimination all of sales tax on motor vehicles priced less than $10,000. Vaccine distribution and pandemic recovery:

The Section 1115 • US PolicyScan 2021 72 Tax cuts: Heading the 2021 into Tax legislative session has there been a lot discussionof around the possibility additionalof Asa tax cuts in Gov. session regular final Hutchinson’s chief Gov. executive. as the state’s reducing for calls proposal Hutchinson’s sales 3.5 taxes to percent 6.5 from percent on used vehicles motor priced less than $10,000, and cutting income new taxes residents 4.9 for to percent years. five The for Republican Governor’s plan also includes $25 million in unspecified tax cuts for low- and middle-income residents histhat office said will be developed inputwith the Arkansas from General Key issues: Key Medicaid: “Arkansas for waiver demonstration the of iteration second the Works,” “Private Option”state’s Medicaid expansion the at expires program, end 2021. of part A large Arkansas’ of 2021 legislative session will be spent discussing what the next iteration should program that of look or like, whether continue all. to at the program Arkansas will meet its biennialfor session in January“regular/full” 2021. Arkansas Arkansas Key issues: Key COVID-19 relief: There is talk in the aboutLegislature adding to relief state support to effort Any efforts. federal the Arizonans financially will run up against among feeling a and constraints budget the that pandemicmany is coming to Reforming justice reform: Criminal penalthe state could system be a bipartisan effortthis coming session. Both Republicans and Democrats see likely improvement andareas for are Long-term care: COVID-19’s the on impact disproportionate elderlystate’s population has brought attention several to issues relating to long-term AARP The care. state plans bring including up several, to elderly abuse and drug prices. a speedy conclusion. conclusion. speedy a supportto such an effort. 50 STATE OVERVIEW The State is contemplating Despite having one the of advocates are hopeful that a vote will advocates hopeful will are a vote that legalizebe recreational use to taken this session. If the Democrats can’t muster a majority in both chambers legalize cannabis,to expected they’re instead passto a resolution amend to the constitution allow to legalization—a process and longer, would that take go before having to involve eventually but would a referendum, for voters forward. issue the move nonetheless Budget: most well-funded funds day in rainy the nation, the Nutmeg is still State facing a massive deficit structural unfundeddue to pension liabilities. indicatedProgressives have they that see to tax increaseswould like onthe help close to wealthy the gap. However Lamont is coolGov. idea, that to and will search other for sources revenue of budget. balanceto the state’s Delaware Assembly, General Delaware The legislature,the is state scheduled to reconvene on January budget with 12 issues the chief concern as the state faces a projected 8 percentdecline in state revenue. issues: Key Minimum wage: Democratic lawmakers proposingare an increase in the state minimum $15 wage an to hour 2026. by The proposal calls the base for wage to increase $11 an hour to in 2022 and then 2026. through there up from step Police reform: the end At the of session, legislative lawmakers previous passed bill and a grant-in-aid announced two task forces. They will be responsible in investing for American communitiesAfrican and will look proposals at ensure police to accountability. COVID-19: what it can support do to local communities and businesses hit hard the pandemic.by proposals Several floatingare around but the with vaccine out, rolling these efforts may steam. lose Much gaming, like Anticipation is higher COVID-19relief for businesses: Another bill carried the from over Special Session, HB20B-1004, and a bars, addresses restaurants sector has that been particularly publicby COVID-19 affected safety closures and restrictions. The bill will allow these businesses, as well as food trucks and vintner’s to restaurants, $2,000keep up to (per month and per saleslocation) in state taxes collected between November 2020 and February 2021.of see will likely additional We proposals address to the impacts of government shutdowns on various sectors, along a possible with business liability law. protection Connecticut issues: Key Health care: Progressives, the State State the and leadership Senate Comptroller all called have the for adoption a public of health insurance Although Connecticut. in option previous attempts passing at a state- based public option stymied were by industry and GOP pressure, Democrats Assembly, General Connecticut the in legislature, expectedthe to are state push a strong passagemake for the of legislation. Ned has Lamont Gov. (D) been supportive of previous iterations theof legislation, and is expected to support the bill this session as well. Gaming: cannabis is legalization recreational viewed as being issue a hot-button in the upcoming session. With increased Democratic majorities in both the House and the Senate, cannabis than ever that sports that than ever betting, and potentially i-gaming, be may legalized the in leaders new The Connecticut. in state House of Representatives have legalizing that stated sports betting will be a high priority this session. Additionally, the tribal state’s nations– the and Pequots Mashantucket the dropped recently Mohegans–have plans casino build a third to in East that concession important an Windsor, fruitful more could for the way pave negotiations with the Governor. Cannabis: The Governor called • US PolicyScan 2021 73 K-12 education: EducationK-12 funding will continue be a priority to the for legislature, as lawmakers continue to look funds support for to the full-day in approved program kindergarten substantial required COVID-19 2019. budget adjustments across the board in 2020, and a slightly with brighter revenue forecast, the Department Educationof the cuts will want they restored, meaningsuffered a battle will be seen other with agencies, of many which also suffered budget cuts. Heath care: The heated negotiations “Public proposed the on continue Option” healthcare bill. Colorado’s developversion would to allow the state the plan, including reimbursement insurers run it. but In each private rates, would companies insurance county, the offer be public to required option sponsors Democrat The fine. a face or believe the public option could save Coloradans in the individual in market some parts 20% on up to the of state Colorado The premiums. monthly their Hospital Association is the leading policy. proposed to opponent Broadband: a special session in November to address impacts the state. COVID-19 to HB20B-1001, the first bill introduced in the House, in program a grant creates Education of Department Colorado the funding distribute localto to education increaseproviders to access Internet for It will increase students state and staff. and local expenditures in FY 2020-21 by $20 million. This bill is a starting point furtherfor increase to work access to from work people more as broadband home and as school around systems implementthe state schedules hybrid reduce theto number students of in a time. one at classroom the Colorado impacts COVID-19, of is also experiencing a rise in property crimes and increased incidents of enforcement law between contacts and certain repeat offenders. Public safety is number government’s one responsibility, and this is an issue that lastingwill have effects. 50 STATE OVERVIEW A variety stakeholders of are operational challenges, the upcoming upcoming the challenges, operational session be still will a busy likely one, continuedwith focus on health care, development economic safety, public reform. election and issues: Key Health care: In 2019, the legislature to Brian (R) Kemp authorized Gov. pursue a health from waiver care the federal government. The State received and application the submitted this past a waiver for federal approval Democrats will likely However, fall. expand to legislation push to continue Medicaid All these in the state. efforts bewill likely impacted what changes by the Biden administration is make able to shortages the ACA. Additionally, to of doctors and nurses, especially in rural Georgia, become have more even COVID-19 the during pronounced crises, and will need be addressed to by thelegislature. elections 2020 The reform: Election continue and made, have Georgia in national make, news regarding to everything alleged from fraud associated absentee with ballots to the hacking machines voting of to dead people course the (of voting Dead” “The Walking show television is filmed Although in Georgia). to the with issues widespread no date, or process system voting in Georgia beenhave election found by and law enforcement to officials, likely there are provisions in reform be voting several include: These session. upcoming the absenteelimiting by who can vote ballot, changes advance-voting to laws, and election allowing state to regulators problems where counties in intervene identified. are Gaming: mountexpected another to push to expand gaming And in the faced state. revenues, additional need for a with the General Assembly will likely once again heed those requests and consider legislation aimed legalizing at sports betting, casino gambling and racing. horse The Florida Legislature’s those questions are will be that Simpsonasked,” reporters. told Lawsuit immunity for small businesses: Republican leaders are pressing ahead ahead pressing are leaders Republican planswith pass to virus-related lawsuit immunity businesses for during the 2021 legislative session. Republicans having expanded their majorities in the Housestate and Senate, the already pro-business will be Legislature even heavyweights lobby Business so. more makingare tort reform—which could include legal COVID-19 immunity—a top 2021. in priority Ron Florida Gov. legislation: Anti-mob DeSantis proposed and distributed the Senate Committeeto on Criminal Justice an “anti-mob legislation draft” in response the social to the unrest over spring DeSantis and summer. remains committed his pledge down to “crack to assemblies.” disorderly and violent on Under a person this law, would be permitted use deadly to they if force reasonably believe it is that necessary The felony. forcible a prevent to proposal has been met a flood with of criticism. No been bills have filed in the House or Senate and no legislators have publicly will sponsor they that stated the Governor’ssuch draft a bill. now, For legislation remains nothing than more a someproposal. the that fear However, decision DeSantis by the pitch bill to to membersREC signals a looming battle overshadow will likely that everything else during the 2021 session. Georgia The 2021 legislative session the of Georgia General Assembly will gavel to the day in on January however, 11, operationsday this of session be may almost as challenging as some the of issues the that General Assembly will face. The plan run current the is to session very how similarly it was to run during the final two weeks the of session finished that this past June: temperature checks at the Capitol entrance, occupancy limits on the building, social distancing committee at meetings, and a requirement that masks be in worn offices. Despitethese gher education: Potential 12: Simpson floated thepossibility g projects in the budget: Also under scrutiny, according under to scrutiny, Simpson, “big projects are in the budgets” such as outgoing Senate President controversial Bill Galvano’s pet build project expensive large to of swaths through highways toll so- These Florida. undeveloped called multi-use corridors regional of economic significance, or M-CORES, would consume than more $100 million in the coming budget year. can ask you yourself, to have “You thisthat in moment?afford And Bi Hi university tuition increases—which off limits were underformer Gov. Rick now seen Scott— are as a opportunity.” “viable K- of slashingof funding the state’s for pointing increases system, to in K-12 public school spending the past over years. dozen • US PolicyScan 2021

74 • • • Budget reductions: Simpson said budget-makers will look the at state budget 2008-09 of grimmest (the years theof Recession) Great guidance for in setting the budget 2021-22, and for will not increase taxes and help fees to offset $5.4 revenuebillion losses in expected the next over two years. Key issues: Key Potential revenue: With Senate President Simpson and House Speaker Sprowls agreeing budget that cuts loom, Simpson suggested the that has generate least at state to two ways withoutrevenue imposing new taxes or fees: an elusive gambling deal with the Florida of Seminole or a bill Tribe sellers wouldthat force not physically collectpresent to in the Florida state sales tax on online purchases to customers in Florida. Senate President Simpson Wilton (R) and his House counterpart, Speaker said have financialChris Sprowls (R), thefallout pandemic from will dominate the regular 2021 legislative session, which commences on March 2, 2021. Florida Florida 50 STATE OVERVIEW

With a backlog of cuts and investments; andeducation stakeholders be will likely first in line for the investment portion the of surplus teachers spend-down, including looking scheduled “unfreeze” to increases. pay Executive powers: The Legislature seems determined curb powers to assumed and the exercised by Governor during the pandemic. Many Republican believe lawmakers the Governor exceeded his authority both publicin of terms health mandates and funds Act CARES of appropriation the $1.2 and billion) will likely (approximately seek legislative remedies pertaining to powers. order emergency Infrastructure: roads projects throughout the state, the Transportationstate’s Department might be the beneficiaries “one-time” of are also Legislators monies. surplus looking funding at projects. water Illinois the firstFor time in decades, the current House Speaker faces a significant challenge as he seeks re-election in the midst an of alleged bribery scandal hasthat touched his allies. Nineteen members the of HouseDemocratic Caucus publicly have they that stated will not support the incumbent re- for election this juncture, At as Speaker. no candidate has the required 60 votes The elect 102ndto a Speaker. Illinois January on convenes Assembly General 13, 2021. issues: Key Revenue and budget: proposed A constitutional amendment change to income to a flat tax rate the from state’s short far fell graduated rates the of 60% ratification. for required As a result, vote nearly $1.3 billion in anticipated revenue fiscal the current for year evaporated. This outcome, combined other with shortfalls, revenue pandemic-related leaves budget the current $3.9 billion appropriations. authorized short of budget of combination a Therefore, cuts and increases in both taxes and be onfees to the is horizon likely in 2021.

proposal the will be by reviewed Department General, the of Attorney the Department Budget of and Finance, consideration for (D) Ige David Gov. and in his 2021 legislative packet. Idaho Holdbacks the at beginning the of pandemic and a seemingly robust post-lockdown recovery led a have to than more of surplus budget record General $600 Fund). state’s million (the Revenues not only are beating forecasts alsobut are exceeding last year’s collections in major all three categories income), corporate and income (sales, date. to up 16.6 percent year-over-year increaseAny ongoing in expenditures using considered what are one-time funds is in the unlikely conservative the where,Legislature, in November, Republican supermajority to grew 82 percent 80 from percent. Despite delay thepressure session to start Monday the date—traditionally closest January to 9—until the spring, when Idahoans more been will have vaccinated will have and infection rates come down, the Speaker is resisting such calls. issues: Key cuts and propertyTax taxes: Given the staggering Brad surplus, Gov. Little has signaled (R) his to intention some return in taxpayers money to tax of cuts.the form Meanwhile, an committeeinterim on property taxes recommending by work its concluded capping local government property tax budget increases 4 percent; at localrestricting taxing entities from building up reserves and taking forgone taxforgone increases years; in later and implementing measures to local of transparency increase budgets. government Little School Gov. funding: In May, called 5 percent for holdbacks all for schools—aagencies total and K-12 reduction $99 of million schools for compared the budget to the set by Legislature for FY21 (though that reduction was offsetby $99 million In a surplus, Facing funds). Act the CARES Governor propose intends to both tax • US PolicyScan 2021 75 Gaming legislation: The Hawaiian a approved (HHC) Commission Homes draft legislative proposal allow limited to casino gaming an through integrated resort property in Kapolei. The draft State furloughs: worker December In the Governor announced thisof year, plans furlough employees, to state which could $300 save million annually. upon announcementHowever, of IV legislation,CARES the Governor January the delayed 2021 start-date, without announcement any a new of Furloughs will continue bedate. a to potential solution—and one which will attract much opposition Hawaii’s from unions. teacher and employee public Key issues: Key State David budget: Ige (D) Gov. unveiled his Fiscal Biennium Budget reductions includes which 2021-23, in both the operating and capital budgets (CIP) program improvements in the next two fiscal years. The state anticipates a $1.4 billion shortfall each this year of two-year period. The has spending already instituted state and hiringrestrictions, freezes other of pre-funding the suspended benefits. post-employment The Hawai’i State Legislature will will The Legislature Hawai’i State convene on January 2021,20, and, most budget the states, like state shortfall the resulting coronavirus from pandemic the agenda. will top Due quarantines, tourism has travel to decreased 90 by percent, creating a devastating ripple effect theon economy and dealing a major blow to revenues. state Hawai’i Statebudget: As is the case with all other Georgia states, is getting hammered declining by due revenues the economicto caused downturn by COVID-19. However, Georgia’s revenues not suffered have as badly as many andstates, the with significant cuts the Assembly General the and Governor session, 2020 the during adopted for budgets the in cuts proposed the 2021 not be may as as drastic in some states. other 50 STATE OVERVIEW Iowa’s low Iowa’s unemployment Gov. Reynolds, who has has who Reynolds, Gov. supported a one-cent increase in salesthe state tax, face will an likely uphill battle this year because the of focus on pandemic The tax recovery. increase would fund resources, natural and outdoor quality, recreation water initiatives, as well as propertyprovide tax cuts remain However, tax relief. leaders legislative GOP table. the on finally in expressed have interest implementing income tax cuts passed in 2018 continues as the state its recovery. economic Kansas issues: Key have projections Budget budget: The sinceimproved April, but indicate still a $152 million shortfall in fiscal year 2021, pandemic.mostly the COVID-19 due to releases (D) her Laura Kelly budgetGov. indicated and has already January, in make broadband more accessible accessible more broadband make and has of share a large directed dollars relief federal COVID-19 toward access. broadband bolstering pushing are Health care: Policymakers allow additionalto types medical of and dentists including professionals, administer to personnel, pharmacy vaccines when a long-awaited vaccineCOVID-19 out. rolls Discussions surrounding telehealth also likely are continue the 2021to into session as better looklawmakers facilitate to access rural many health Like care. to a suffers Iowa states, shortage from of regions. some in providers care health Workforce: in the even face the of pandemic,rate, means will continue find the state to fill available to workers train to ways meet employer growing needs,jobs. To Reynolds and are lawmakers Gov. expandexpected their to marquee workforce initiative, Ready Future Iowa. and scholarships provides program The toward geared training apprenticeship leaders Legislative positions. specific also pledged child have care reform to assistance programs serve that low- income so parents don’t that workers lose benefits if their wages increase. Taxes:

The Governor has With many K-12 schools K-12 With many Legislators will look to protect Legislators will look protect to a report an energy from task force. Iowa After the 2020 General Election, Republicans expanded of control Senate andboth the House state of Representatives. Republican Kim Gov. Reynolds her will provide legislative agenda the full General to Assembly in January. issues: Key Broadband: going online surging COVID-19 due to cases, fixing the lack broadband of areas will be rural inInternet many a top administration Reynolds’ Gov. priority. has undertaken plans ambitious to July 2021. 1, Governor Holcomb Eric and legislative(R) leaders both have as education K-12 support for expressed priority—ifa top not increasing than at least maintaining funding. current reserves:Financial Indiana, many like other experienced states, declining duringrevenues 2020 so likely there additional many for room be won’t a substantialprograms have that budget impact. By the time the state ended its 2020 fiscal year on June 30, hadrevenue fallen $1.4 billion short of deficit budget a in resulting projections, nearlyof $900 million. That caused its reserves, dip heavily into to the state which had been $2.3 at billion and now sit $1.4 at billion—the lowest since level 2011. The Governor has committed to working the with pass legislature to a budget is that not only balanced but also includes substantial reserves for future. the Infrastructure: also committed continuing to large projects suchinfrastructure as the extension I-69. of Business: COVID-19-related businesses against lawsuits as well as address a priority of manufacturing increase to Governor the companies to grants produce that health equipment. care Lawmakers will also a look take energy at policy, including the stability and reliability of the electrical grid after the release of This is a “budget” session so • US Policy Scan 2021 76 Budget: Budget: Key issues: Key the focus will be on adopting a budget fund the nextto two years commencing The Indiana General the Assembly, state legislature, will convene the 2021 for sessionbudget-making on January 4 and must conclude its business April by 30. During this time the legislature is adopt to required a two-year budget theas legislative well as redraw and congressional districts. Indiana Ethics reform: In the last months, 18 Illinoisfour legislators been have indicted, and into federal investigations light camerared companies and the largest electric utilitystate’s continue. In early 2019, a Joint Commission on and Ethics was Lobbying Reform tackle to a varietycreated these of issues. Successful compilation a of report Force was impededTask the by pandemic. Nevertheless, a major ethics package is certain be on to the docket in 2021. Criminal justice reform: The Illinois justice reform: Criminal developed has Caucus Black Legislative a package criminal of and social aimedjustice reforms eliminating at racism.systemic Elements the of of elimination the include package cash licensure bail; state local of police workforce and education officers; equity access, economic development; and care health and opportunity; and human services. The Black Caucus has 2021. for priority a package this made Energy stakeholders stakeholders Energy policy: Energy anticipatedthe 2020 session be to when an omnibus energy package would be considered and enacted by pandemic’s The Assembly. General the impact upon the legislative session and prosecution a deferred agreement and Attorney U.S. the between State’s the Edison, Commonwealth derailedlargest electric any utility, issue. the of consideration serious There will be a concerted effortto negotiate and pass major energy legislation in 2021. 50 STATE OVERVIEW in the state Senate. Senate leadershipin the state has indicated the issue will treat they the same in the past— as have they product the of benefits the recognizing while the at same time looking more for research on its safety based on long- consumptionterm and the manner in which it is consumed. Louisiana 2020 election fall Louisiana’s cycle federal racesinvolved in resulted that of re-elections primary landslide the Republican US Sen. Bill Cassidy and six incumbent the of five USstate’s Republicansrepresentatives (four and one Democrat). First-time candidate a Republican, Letlow, was elected Luke replaceto in a runoffretiringRepublican Rep. Ralph but Abraham he (LA-5) died on December COVID-19 of 29, 2020 takingbefore office. The lone Democrat in the federal state’s delegation, Rep. Cedric has Richmond (LA-2), announced his vacate his to intention seat and join the Biden administration in an advisory capacity. Thus two special elections will be required. Louisiana’s 2021 legislative session begins April and 12 must adjourn no than Junelater Next 10. session year’s is fiscal and legislation in nature will be taxmostly matters. limited to However each lawmaker is introduce allowed to non-fiscal five up to bills,and can that quickly things interesting. make issues: Key Gas tax: Renewed effortsto increase gas shape tax will take earlythe state’s The tax hasn’t beennext year. increased on approaches varying decades and in tacklehow to issue this hot-button are already emerging. Concepts range from bumping up the sales overhauling tax to Departmentthe Transportation of through (DOTD) Development and renewing a half-cent general sales tax and dedicating to all the of revenue needs.infrastructure tax increase Any meetwill likely a good bit resistance of and getting in two-thirds the of vote particularlyeither chamber—but the House–will be a tall order.

Senate leadership has has leadership Senate Bills a would that require respectively, Republican supermajorities respectively, in both the House in and Senate grew 2020,making much it that easier for issued vetoes any Democratic by Gov. Andy Beshear be overridden a to by simple majority both of chambers. issues: Key COVID-19: indicated liability that which reform, would limit a company’s potential coronavirus related exposure to lawsuits, will be In a high priority. been pre-filed has legislation addition, reduce theto governor’s power to restrictions pandemic-related impose on the public order. via executive Proposed legislation calls future any for after 30 unless expire days to EOs for Assembly General the by approved legislation Additional period. longer a seeks propose to an amendment the to Kentucky Constitution that would allow the legislative call branch a special to session the of General Assembly. this power is only granted Currently, theto Governor. No-knock warrants: Legislation has been pre-filed in both chambers the of General Assembly seeking ban the to use no-knock of within the warrants commonwealth. This type warrant, of which is issued a judge by and allows property a enter to enforcement law without immediate prior notification of the residents, such knocking as by or ringing a doorbell, was used enter to the apartment and led Breana of Taylor herto fatal shooting. Abortion: of the life save attempt to doctor to bornan infant during alive a “failed abortion” and would the state give to authority the General Attorney abortionregulate clinics will be re- introduced this session. Both measures passed the 2020 General Assembly but the Governor by vetoed were after the session. the of conclusion Medical Marijuana: The Kentucky House passed a bill in 2020 legalizing the use marijuana of medical for purposes. the legislation However, never received a committee hearing

With the finalization • US PolicyScan 2021 77 While the state’s executive and executive While the state’s legislative branches split are between the Democratic and Republican parties hit Kentucky in the middle March of 2020,of the General Assembly opted passto a one-year budget instead theof usual biannual budget passed the bodyby during 60-day the longer, legislative sessions held during even- numbered years. As a result, this year’s General Assembly pass to will have state the funding budget one-year a government and the services provides. it The 2021 legislative session is a “short session” consisting of 30 legislative January early spanning from days thethrough end March. of In response the coronavirus pandemic,to which Kentucky Redistricting: theof 2020 census, veto-proof Republican majorities in both House and legislative Senate will begin draw to and congressional districts. In 2010, this issue the sent courts. was eventually to Kansas Emergency Management Act: Act: Management Emergency Kansas In response pandemic, the COVID-19 to issued Kelly a numberGov. executive of orders in scope. ranging greatly pushed has leadership Republican back, requesting the over control more orders and their impact on the state. Kansas remains Medicaid remains expansion: Kansas one a handful of resisting states of Medicaid expansion, led pushback by the rulingfrom conservative majority. more trended Legislature the Although the election, 2020 the in conservative issue resurface. to is likely still Property tax vetoed Kelly reform: Gov. a bill last session called that more for governments local when transparency raise property taxes on residents and businesses, citing administrative burden. With a Republican supermajority in both chambers, a similar be bill will likely attempted this session. that without additional economic economic additional without that government, federal the support from major cuts be may necessary. 50 STATE OVERVIEW Massachusetts Massachusetts two-year next commonwealth’s The sessionlegislative off on January kicks 6, 2021,Democrats with holding supermajorities in both chambers elections. 2020 the following issues: Key Fiscal year spending: Massachusetts was one the of last in the states country adoptto a budget fiscal for year 2021, Charlie signing Baker (R) Gov. with more December on 11, budget the than the months fiscal five into year. balanceBudget to will have the writers leadership’s legislative and Governor’s new taxes and avoid desire the to fiscal realities the of COVID-19-related slowdown. economic Health care: A perennial issue in Massachusetts, will likely lawmakers look addressing at access behavioral to telehealth andhealth primary care, reimbursements, and funding for community health centers and hospitals as look from they recover to pandemic.the COVID-19 Sports betting and iLottery: Gov. Baker has filed legalize a bill sports to betting the past for two legislative sessions Deborah Treasurer and State Goldberg has continued (D) her multi- an iLotteryyear campaign in create to legislature the but commonwealth, the has been unable pass to legislation bothissues in either area. However, will face increased attention in 2021, particularly sports betting, as lawmakers search new sources for to revenue of offsetexpected in drops tax collections. Michigan The 2021 state legislative session will start on January 13. Republicans slight advantageshave in both the housestate and senate, but neither the Moreover, veto-proof. is majority Gretchen by held is governorship Whitmer a Democrat. Compromise is the name the of game in Michigan and issues a few the following are were that brought up in 2020 re-emerge may that in 2021:

While as not as predicted dire in-person floor sessions willtake that placein socially distanced chambers, regularwith protocols sterilization in place. The largely virtual session is sure present challenges many to as the body debates a number issues. key of issues: Key Budget: in the spring,faces still the a state uncertainty and shortfall budget caused the ongoing by COVID-19 pandemic. Revenue levels will determine how much can be allocated recoveryfor and efforts relief and whether the legislature lets several stand,vetoes overrides having fiscal consequences. COVID-19 recoveryand relief: The pandemic has been extremely damaging poor for and rural families and small for businesses and restaurants. This effort will a be package bills of focus that on providing assistance unemployment additional distribute to theand system fixes to the assistance policies reliably; more telehealth; relief promote rent to assistance; directing and eviction smallaid businesses, to in particular andrestaurants; policies promote to telework. Police and reform accountability: involving recent events Following law the by inappropriate use force of Senate and House the enforcement, approaches different two implemented examine police andto discuss reform potential legislation.focus Efforts will on requiring all enforcement law agencies use bodyto cameras; improved accountability; and transparency more and enforcement law between community. the Sports Maryland Betting: November, In to a referendum approved voters sportsauthorize betting the in state. The General Assembly must pass implementation legislation this session, which includes for criteria eligible applications licensee a for and forms, permissible the for specifications premises and conduct of means of wagering. The subject redrawing of • US PolicyScan 2021 78 COVID-19 has forced the state has the forced state COVID-19 House implement and Senate to new procedures virtual for committee hearings, and work sessions; voting and Maryland Maryland Electoral College: An effortto bind electoral collegeMaine’s the to votes winner the of national popular vote reemergemay this session. It was shot Republicansdown by and a handful of Democrats last session. Paid family leave: Democrats Maine in hoping their addare recent to to success by area rights in the workers’ a paidcreating and family medical benefitsleave program. The bill would be an unfunded mandate on private companies. Key issues: Key Labor rights: After disbanding in March legislative a few COVID-19, due to priorities died LD prematurely. 900, which would public give employees the was among strike, power them to and resurfacewill likely in 2021. Republicans gained seats 11 in the state House while Democrats increased one. Senatetheir by in the margin state the with RepublicanEven gains in the House, Democrats all state control of control government and will therefore 2021. in agenda the Redistricting: Maine Income tax: Changing individual income and repealing tax rates or reducing corporate income tax rates beenhave discussed plentyin the past and will be discussed again next spring as part a potential tax of overhaul package. district maps a hot one, is always and it will occur in a special session some at point next after year (likely the regular approach Next year’s session adjourns). could quickly get interesting due to the significant amount first-term of legislators who came officeafter into term-limits thinned the number of members. veteran 50 STATE OVERVIEW Despite challenging fiscal Missouri ParsonRepublican Mike and Gov. Republican supermajorities in both the House and General Senate the of state Assembly the will control agenda when the legislative session begins on January 6. issues: Key Medicaid the expansion: past For General Republican-led the decade, Assembly has resisted attempts to expand Medicaid in response the to passageAct. the of Affordable Last Care expandedAugust the voters it through an initiative petition. It is now up to appropriate to legislators Republican those funds. Republican Many leaders pledgedhave stymie to those efforts. COVID-19 liability: Republicans will quickly passmove to legislation to business liabilityprovide to protection owners against claims COVID-19 that was contracted in their establishment. Online sale tax: Missouri and Florida are the only a state-level with states sales not ratifiedtax a sales have that tax on purchases.Internet Theshift dramatic onlineto sales spurred the pandemic by has increased calls enact to this tax. Montana The Montana will Legislature State convene on January a 90-day 4 for biennial session. It will be of a hybrid in-person allowances with and remote, and voting remote facilitate to and lawmakers participation from members the of public. Republicans will look deliver on to a mandate allowed that the GOP to sweep race, including every statewide capturing the Governor’s officeforthe first time in 16 years, winning all three races seats for on the five-member ServicePublic Commission, and picking up nine seats House in the state (67-33) and one Senate (31-19). in the state issues: Key Budget: Republicancircumstances, legislators committedare honoring to campaign In 2019, the House Majority Leader Ryan Ryan Leader Majority House State leaders are particularly leaders are State Cannabis: Winkler continues champion to the cannabis. recreational of legalization The GOP-led Senate has been a major roadblock legalization any to bills passing the The Legislature. outcome theof 2020 elections means likely the issue will continue face strong to opposition. recently However, the GOP Senate Majority Leader Paul Gazelka has a considering openness to indicated proposal. decriminalization Health care reform: Minnesota Walz and Legislature Gov. on Commission Blue-Ribbon a created Health and Human Services, its primary purpose being identify to $100 million in savings the next over biennium. The Commission studied steps toward administrative simplification and waste issue the addressed also and reduction health of limited While equity. COVID-19 report a efforts, Commission’s the was generated and the presented to consideration. for Legislature Mississippi The state legislative session is scheduled begin to on January 5. The will consider Legislature a few such concern, of issues traditional tidelands,as protecting but will also address priority a few pieces of legislation. issues: Key Universal licensure: After enacting universal licensing recognition for military families transferred were that new bases,to go the may Legislature further and extend the recognition all to citizens. Budget: focused on drafting a budget that meets the needs Mississippi of while also addressing the impact the of pandemic. One particular COVID-19 focus of area will be funding early education. Court reform: Lt. In a recent interview, DelbertGov. Hosemann noted that (R) his focus will be on judicial reform.

Gov. Tim Walz (DFL) will will (DFL) Tim Walz Gov. • US PolicyScan 2021 79 Key issues: Key Budget: The 2021 biennial session will begin on deadline constitutional The 5. January the endfor the of 2021 legislative Minnesotasession will is 17. May the notorietyretain being of the only split under nation the in Legislature control. The DFL (Democratic-Farmer- Labor) party the will control House by 70-64, of a margin and the GOP will thecontrol of Senate a margin with The primary34-31-2. focus in 2021 will be the establishment the of 2022-23 biennial budget. is The facing state a billion$1.7 deficit in the next biennium. present his budget the state to January. Given the in late Legislature pending deficitstate’s in the next biennium, he will need find a balance to in reducing spending while also offering additional sources Tax revenue. of increases administration the may Walz be considering include increases the to fourth-tier income tax, expansion of the sales business tax to services, and changes other corporate taxes to and GOP-controlled the Getting deductions. considerSenate to tax increases any will be a difficult challenge. Minnesota Minnesota Prior to the partisan Prior to reform: Elections show place took that the at Michigan Legislature following President-elect victory both Biden’s in the state, supported Republicans and Democrats the by recommended reforms election OfficetheAuditor of General. Those reemerge may but inreforms a very environment. political different Efforts to subject Efforts the records: Open Governor open and to Legislature records came laws up two sessions in a and failedrow both times. The Governor remains opposed but the effort likely is be revived. to legislative session. Key issues: Key Sexual assault advocacy: A bipartisan bill extending limitations of the statute filing sexual for lawsuits to relating assault pass failed to in 2020 and is in the next return expected to 50 STATE OVERVIEW

A perennial battle in most This industry is blooming, The will reach Legislature for review. Cannabis: The meets Legislature days 120 for Its primary all every like other role, year. legislative bodies, pass is to a budget fundsthat the essentials government of itmeets until again. In 2021, this will be difficult. The pandemic has hit Nevada over-reliance the state’s duehard to on hospitality and tourism, which have suffered As legislators greatly. work resolve deepto some cuts to the of most basic programs,state’s such as education and health pressure care, will revenue new or expanded for mount sources. issues: Key Education: capitals, public education is state widely perceived be substantially to no is Nevada and underfunded, exception. Budget cuts will surely test themettle of education advocates as languish. to continues economy the bone Health perennial care: Another contention,of health is care the largest state expenditure next education. to MedicaidThe already state’s program, one the of lowest reimbursed programs will face continuedin the country, pressure against of a backdrop budgetary constraints. recent A boost in the impression public’s health of care the pandemicdue to will not be able to offsetthe issue.expectto We see the Commissions’ Protection Patient bills on transparency telemedicine and payer gain as steam well. Economy: back people get help to solutions for expect discussion any work. on We’d to and gaming include to economy the given the virtual the of world nature virtual gaming be may ripe today, and Nevada leads the pack. The Governor’s Cannabis Compliance Board, a full with year under its belt, the at 2021 arrive will likely Legislature a listwith recommended of changes Not the all them industry. of for will be as onepopular, might imagine, and strugglethe may Legislature the with especiallytopic, tax given the hit to collections and the boon cannabis that is perceivedtax be. revenue to After a broadband task task broadband a After Nebraska expects revenues revenues expects Nebraska The Legislature’s Economic Affairs force was convened years force a few ago, the is Legislature focused on underserved and unserved addressing communities. Nevada in concluded cycle election 2020 The Nevada the same as other many way competitive states: controversial but decisively won Joe Biden conclusive. but President that over Donald Trump, victory did not appear come to with coattails. Heading the election, into Democrats controlled Senate the State and Assembly the State and 13-8 by dust the When respectively. 29-13, finally settled, Democrats had lost seats in both chambers, settling on 12-9 in the Senate andand Assembly 26-16 While the partyrespectively. is firmly still thein control, slimmer margins give Republicans more negotiating power, particularly as it pertains issue to of taxation, two-thirds which require of both chambers pass. to Tech: CommitteeInterim is to studying ways and expansion broadband incentivize legislation could their result from work. Interim Transportation the Additionally, Committee is studying establishing the govern useregulations self- of to driving vehicles. Nebraska The Nebraska will Legislature State convene on January6. Republicans Senate, the unicameral thecontrol state body’s only The chamber. Governor is Republican Ricketts. Pete issues: Key There justice reform: Criminal are criminalseveral issues justice reform on the table, led in part Sen. by Justin With said, also that are Wayne. there proposals strengthen penalties to for damage, property include that protests roadways. blocking or violence Budget: dip but is encouragedto the state’s by cash reserves and influx federal of passeddollars. the state Additionally, an online sales tax last year which was times. pandemic these in fortuitous Broadband: The GOP a second will take • US PolicyScan 2021 80 Health care: looking Lawmakers are at a variety proposals of reduce health to costs care regulatory through reform. Expanding telehealth, eliminating price and laws, certificate-of-need alltransparency on the are menu. Medicaid: requirements work run at and means expansion Montana’s for testing population after similar provisions were tossed the out Supreme by Court last Republicansyear. will also look for program the protect to ways additional against fraud and abuse. Republicans’ biggest priority, relief: Republicans’ biggest priority, Tax seemstax out relief, reach of this year given a challenging fiscal climate. to look will legislators Nonetheless, deliver nominal property tax to relief their constituents. Small business assistance: According survey a statewide banking of to Montana the by conducted executives Banking Association, 20 percent of smallMontana’s businesses facing are bankruptcy in the first quarter 2021. of Without the provide resources to aid,direct will look lawmakers ease to the burden on businesses through liabilityCOVID-19 protections, tort- workers’ to modifications and reform compensation. Emergency powers: Republicans believe their electoral success was a the result frustration direct of public’s with government-enforced shutdowns to Expect orders. health emergency and see multiple proposals aimed curbing at and powers emergency Governor’s the the ability local of boards health of to enact regulations without oversight officials. elected from Regulatory reform: Republicans will look endow Greg to Gov.-elect Gianforte broad with authority enact to Modelregulatory policy relief. calling commission a regulatoryfor review and “one-in, two-out” rules picking are up steam. promises deliver a flat to budget. Any proposal seeking expand state to spending a difficult will have time regardlesspassing merit. of muster, 50 STATE OVERVIEW We expect to see expectWe to proposals We alsoWe expect the some long-time members.This has the causepotential to issues leadership for as begin they the legislative session a muchwith diverse more membership, progressives downstate ranging from backed the Democratic by Socialists Americaof and Working Party Families Blue Dogto Democrats upstate from New York. now In 19 the Senate, are there members the of majority outside from which will keep some City, Newof York theof most progressive policies from passing. and wait to But will have we see how this session out. plays The upcoming legislative session is going new many policy have initiatives to because the of new political dynamic, due deficit budget growing rapidly the economic the and pandemic the to turmoil facing the citizens New of York. up plans Legislature The take State to measures. extreme some issues: Key Progressive agenda: expect We to see a tax on the a rich of in the form millionaires or billionaires tax, increased unemployment insurance costs, increased paid and leave family other tax proposals being are that introduced caucuses. progressive the by Cannabis: Legislature legalize to recreational sports wagering mobile and cannabis increase to tax revenue. Health care: There will be proposals to a single-payer to move health system, cut costs prescription of drugs. and telehealth for coverage promote services. Criminal justice and housing protection: on criminal and justice housing reform all in New tenants for York, protections but especially City area, in the New York evictions and avoid inflated to rents. There will be progressive more many Legislature the in floated proposals the electiondue to numerous of progressive candidates, but expect we Finally, the Legislature will the will Legislature Finally, After several opponents opponents several After After legislators were forced to After legislators to forced were Even through budget through Even Budget: Budget: state legislation, budget stopgap pass Democrats grapple a with to will have post-COVID-19. outlook economic new Social justice: pieces a few There are of legislation combatting systemic racism and addressing criminal justice will be that carriedreform into over the 2021 legislative session after not passing in 2020. New Mexico The New Mexico both Legislature, chambers controlled which of are by Democrats, is scheduled convene on to January 19. issues: Key Cannabis: of recreational cannabis legalization recreational of advocates in November, defeated were targeting the 2021are session pass to new bills. Rep. Javier Martinez plans to introduce a legalization bill this session. Budget: projections have improved dramatically since June, legislators to will have in anoperate environment in which isthere no excess play with. money to COVID-19: deal a host to with COVID-19-have of issues,related starting howwith to safely operate the Legislature. New York endedElection in New day with York numerous close races too were that to call and the counts awaiting the from absentee and mail-in ballots. With all the elections now certified, the Democrats 43control the of 63 Senate seats, thus giving them a supermajority the with The ability the override Governor. to Assembly has held a supermajority years, many butfor having both chambers controlled Democratic by supermajorities is a dynamic Albany has never been seen before. The other notable the result of election the victories inwere the Assembly of some very progressive candidates over Due to the late arrival of of arrival Due the late to The legislature will be Both the Democrats in the • US Policy Scan 2021 81 Key issues: Key Cannabis: State Legislature and Murphy Gov. pushingare pass to a bill formalizing recreational marijuana. there However, differencesare of opinions theon specifics. New Jersey is a Democratic trifecta. The party majority holds a 25-15 in the majority in the House,Senate, a 52-28 Phil Murphy is a Democrat.and Gov. New Jersey dealing and the with fallout COVID-19 of is not present the at session sure even will open on time or how all members can be present single any safely at time. They discussing are alternative voting procedures. COVID-19: Fish and Game Commission: The up a bill take legislature to is likely qualificationsregarding serve to on the Commission. Game and Fish Key issues: Key School funding: Going a budget into legislatorsyear many will be focused secondary and primary funding on education, especially the of in the wake pandemic.COVID-19 There will also be schoolbills to relating vouchers. Republicans both control houses of the General Court New of Hampshire, legislature,the as state well as the Governor’s mansion. The new power for Republicans is the a result of November scheduled is legislature The elections. convene onto January 6. New Hampshire Redistricting: census of data and nature the severe the budget crises in Nevada, it is likely redistrictingthat will be pushed to off a special legislative session post the regular session. That said, expect we the political posturing associated with redistricting decisions weigh on the to session.regular 50 STATE OVERVIEW board for the State Board Elections. of theboard State for Other election changes law could be included as well. Will include justice reform: Criminal discussion legislative of and municipal Force Task the from recommendations Racialfor Equity in Criminal Justice Cooperconvened Gov. by following Turning protests. Floyd George the the recommendations reality will into cooperationrequire all levels of from government and support be to will have bipartisan. Democrats most control of the biggest state’s cities and counties. Republicans the control legislature. And the courts either. from separate are North Dakota North is one in Dakota states four of which the legislature meets biennially 2021 The years. odd-numbered in session begin is set to January 5, 2021. officesAll statewide 13 held by are Republicans, as well as 40 the of 47 Senate seats and 80 the of 94 House seats. With a supermajority in both houses, work the Governor to will have closely legislative with leadership to proposals. budget 2021-23 his advance issues: Key 2021-23 biennial budget: Gov. Doug Burgum unveiled his $15 billion budget proposal the next for two years. It includes $700 million infrastructure for loans politicalrevolving for subdivisions and another $323 million for community and bridge transportation, coffers budget General projects. grant remainedhave stable during the slowdowns. industry oil and pandemic is there much uncertaintyHowever, about 2021 going revenues state into and beyond. Legislators in both houses gearingare another up for battle mainly focused thewith Governor, powerson executive and authority giving(legislative the vs. executive), term second his and budget Governor’s a rocky ride. Legacy The Legacy Fund: state’s Fund, which was created constitutional by amendment in 2010 and directs 30 percent monthly of oil and gas Will include mapping Will include dealing with failures in remote learning in remote lackfailures due to connectivity,of school reopening plans and teacher pay. Redistricting: legislative state districts andall 170 the existing, 13 and additional, any congressional districts. economicRural development: Will include further discussion economic rural-versus-urban of development priorities; focus will likely be on bringing broadband access to areas. underserved Election changes: law Will likely include a change who is in charge to elections, even future administering of though the election state’s turnout 75was a record percent registered of includingvoters, than more 1 million people mail. by Early reports who voted the that Republican-controlledstate legislature will propose an oversight resulted incourt-ordered a resulted redrawing of Congressional and state legislative districts. The process redistricting in 2021—for state legislative districts, the congressionalexisting 13 districts and at least one new congressional seat due to population growth—should be similarly contentious. Cooper’sDemocratic Roy priority Gov. Medicaid. of expansion remains However after Republican legislators blocked the effort term,in his the first high-powered a convened Governor bipartisan commission with tasked proposing measures improve to health access care consensus through finish will commission The legislation. the endits by work when January, of the General Assembly begins its session in earnest. The goal provide is to consensus where on recommendations is possible, or least at some agreed- upon path forward. issues: Key COVID-19 include Relief: Would funds, federal additional of allocation but also may include changes the to unemploymentstate’s system. Education: • US PolicyScan 2021 82 Two main issues will consumeTwo the legislature’s time. One is the state budget. While numbers no hard have been made public the consensus yet, the and leaders legislative among administration will is the that state be dealing some with sort deficit, of albeit not one as other as many severe facing. are Due thestates lack to of a budget being enacted in the 2019- 20 session, is there unspent revenue canthat be used supplement to session. upcoming the for revenue The other issue is redistricting. In the last redistricting, North Carolina was embroiled in a number lawsuits of that Without supermajority, a veto-proof it will be nearly impossible for Republicans gubernatorial override to vetoes, as learned they in the 2019- 20session, which ended without an enacted budget. The biggest unknown the 2021 for session is whether Republicans will be able to with consensus enough strong a build Democrats on budget allow items to failing that, the Governor sign it or, to the with consensus enough strong a Democrats join them to in overriding a budgetvetoed should occur that again. Republicans remain in charge both of legislative chambers, though won’t they majority a veto-proof have in either the House or Senate. November’s election in a 4-seat resulted gain for Republicans in the House and a 1-seat gain Democrats for in the Senate. In 2021, House Republicans 69 will have seats; the House Democrats Senate 51. Republicans will edge hold a 28-22 over Democrats. The North Carolina General Assembly, legislature,the officially state convenes its longfor session on January 13, 2021, officially to day organizational an for disbanding before leaders elect Raleighand then to on returning begin to its JanuaryWednesday, 27, legislative work. North Carolina North their influence be balanced to out by the increase and in upstate suburban Democrats in both houses. 50 STATE OVERVIEW session The recent revenue forecast Budget: Budget: expected. better than significantly was As a result, the 2021 legislature will not further to have rebalance the state budget fiscal the current before period ends June 30. Health care health care:Several measures will come debate up for issues. equity address to specifically One such measure a would create option. public Pennsylvania pandemic, which The COVID-19 has in unpredictable resulted public spending uncertain and revenues needs, compelled the Pennsylvania General Assembly, the state legislature, die sine a rare to return to this past November complete to an of remainder the for plan appropriations the 2020-21 fiscal year. issues: Key Election Code: Major changes the to Election in Pennsylvania. Code rare are saw significantThe state changes to its Code in 2019 and 2020, including and voting the an straight-ticket end to institution no-excuse of mail-in ballots. inconsistencyErrors, in in the ways which counties implemented mail-in balloting, questions guidance regarding issued the Department from State, of auditing regarding partisan arguments theof 2020 elections, and rampant litigation have resulted in legislative leaders in both chambers the of announcing publicly Assembly General Electionthat Code clarification will be a major priority in the first quarter 2021. of Regional Greenhouse Gas Initiative: Quality Environmental Pennsylvania’s in SeptemberBoard voted 2020 to backed package regulatory a adopt would that allow Wolf Tom Gov. by become to the state a signatory to a compact known as the Regional Greenhouse Gas Initiative (RGGI). Backed environmentalists by as a carbon of limiter emissions and a in communitiesmethod reinvest to and green energy RGGI technology, has been roundly criticized as destructive the producers, energy traditional to As cases continue rise to After closing the Oregon The Legislature is required in the state, Gov. Stitt has issued Gov. in the state, new executive orders relating social to and late restaurants distancing in evening bar closures. The Legislature respond debate how to to to is likely as well, mostCOVID-19 immediately safety operate the at Capitol. how to Budget: pass budget.to a state And with bracinglawmakers a hefty for budget shortfall, causedthe pandemic’s by impact on the economy paired a with in thedownturn oil and gas the industry, process be will likely contentious more than the usual. Governor will Notably, not support tax increases, which means coming.cuts are Oregon Assembly, Legislative Oregon The the state legislature, is convening on January under 11 a of control Democratic trifecta. Democrats hold single-digit seat advantages in both the House and the Senate in addition to holding the Governor’soffice. issues: Key COVID-19: lobbyists Capitol to andState the public during the most recent special session and paying a political price are leadership Democratic it, for sessions conduct to how on working legislators many Additionally, safely. support looking to are ways at small businesses and the hospitality sector. Oklahoma Oklahoma The Oklahoma will convene Legislature on February Republicans 1. have firm both of control the House of Representatives and the Senate. Gov. Stitt is alsoKevin Republican. a The partisan hash to out is likely trifecta policyseveral proposals bringing before floor. the to them issues: Key Medicaid expansion: The Legislature will be debating fund a Medicaid how to expansion This in the is state. the top- line issue on the agendagiven it was referendum. voter by approved COVID-19: A group of state legislators state of A group The legislature will begin work increasing education funding. education and increasing • US PolicyScan 2021 83 Budget: Budget: on its next two-year operating budget, due The next pandemic summer. may necessitate significant cuts and a dip fund, day a contrast rainy the state’s into the budgetto passed in 2019, when legislators brag aboutgot to cutting taxes are wary about additional lockdowns wary about additional lockdowns are aseven cases and deaths rise. Gov. DeWineMike impose may additional lockdowns which could cause infighting at the Statehouse. The legislature economic additional at look also may stimulus. COVID-19: Key issues: Key Education are funding: Lawmakers the state’s pushing revamp to hard session, Last system. funding education the House passed a measure to amend the funding formula but it died the Senate couldbefore come an to agreement. All sides up take expect to the issue this year. The Ohio General the Assembly, state legislature, is scheduled convene to on January 4. Republicans handily bothcontrol the House and Senate as well as the Governor’s office. Expect Republicans coalesce to around a few issues. specific Ohio Oil and gas update: Nearly half of North tax collections Dakota are the oilattributed and to gas industry. thewith pandemicEven and the global slowdown oil of consumption, North producesDakota than more 1.2 million barrels oil of per and day the energy industry remains part a large the of economy. state’s tax revenue to a savings account, to tax revenue billion. than more $7 now totals The earnings ($400 million biennium) are automatically directed the into state’s GeneralThere willbe Fund. many bills and proposals directing where earningsthe Legacy Fund should go, programs, COVID-19-related including bondinginfrastructure and UAS others. among incentives, development 50 STATE OVERVIEW The future of the of The future Both the House and Senate fewer in personfewer committee meetings, lower-priority of consideration pushing issues 2022. into issues: Key State budget: With the state operating under a continuing resolution since last session, one priorities the of top will be passing a 2021 budget. state Although the budget large surplus 2019 from has economy state’s the been depleted, and fiscal situation has better fared than most the through pandemic. Current continued show forecasts budget and growth remainsrevenue there a surplus non-recurring of in revenue excess $900 of million. Santee-Cooper: state-owned electric utility was not resolved in 2020 and be will likely taken the Houseup by early in this session. include table the on options The restructuring Santee-Cooper’s current management, selling an investor- it to owned utility or hiring another utility company manage Henry to it. Gov. McMaster and the (R) House leadership beenhave critical the of company’s management open and a sale, are to while reach a the Senate has to yet issue. the on consensus Rural and broadband expansion: Expanding access broadband to in andrural other unserved communities priorityremains a top lawmakers for in both parties, education leaders and Legislation community. business the statutoryproviding clarity electric for broadband provide to cooperatives service and establishing a statewide 5G deployment for framework cities for passed last session and signed were into law. COVID-19 business liability protection: uplegislation take expected to are wouldthat temporary provide liability operating companies for protection during pandemic. the COVID-19 Although this has been priority a top for business and the lawyer trial industry, lobby was stall able passage to a bill of session. 2020 shortened the during Last year, Gov. Gina Gov. Last year, being a continuing driven by structural pandemic the of effects the and deficit on an economy heavily weighted thein service/hospitality/tourism become have deficits Budget industry. Island, Rhode in problem perennial a spendingwhere state is now about including$12 billion annually, federal funding. Health care: The pandemic has been a major financial challenge both for Rhode biggestof Island’s hospital Rhodegroups. Island Hospital parent Lifespan posted a $21 million profit for bolstered fiscalthe by 2019-20 year, almost $190 million in federal and state funding, Act CARES enough more to losses. pandemic-related its offset than second- NewCare England, the state’s largest health reported system, care a $13 million loss due 2019-20, in for part dollars Act the CARES fact were to specialtyless go to to likely hospitals, such as its Women Hospital & Infants Rhodeof Island. Lifespan and Care New England continue talking merger, thewith goal reaching of a definitive agreement the end by January. of Cannabis: proposed her in included Raimondo budgetstate the legalization of recreational marijuana. the Ultimately, General which Assembly, has to yet enact the fiscal year 2021budget, will not include this inbudget the current in leadership new The deliberations. leadership current the and House the bothin the indicated Senate have that up the legalization take to intend they issue in January the fiscal for year 2022 indicated has Raimondo Gov. budget. shethat will again propose a plan to legalize marijuana in the upcoming 2021 legislative session. Carolina South The South Carolina General Assembly, to legislature,the will state return onwork January begin to 12 the first theyear of two-year session and, like othermany will states, face challenges while business legislative conducting contagion risks. managing COVID-19 Legislative leaders indicate will be there

Despite an infusion of • US PolicyScan 2021 84 Key issues: Key and Governor The outlook: Financial House leadership expecting are to close to a $275have million deficit for fiscal year 2022. The budget gap is On January 5, 2021, Rhode of the State Island General Assembly will begin its legislative session. 2020 was an election members all 113 year for the of legislature. The Democratic Party will hold supermajorities in both chambers; the 38-member Senate has 33 Democrats and 5 Republicans, and the 75-member House has 65 Democrats and 10 Republicans. House Speaker Nicholas Mattiello in the was defeated general election his Republican by Leader Majority Incumbent opponent. endorsement the has Shekarchi Joseph theof House Democratic Caucus to will be The the next vote Speaker. placetake on the the first of day session. 2021 Rhode Island Transportation: Code change Tax a from new revenue in 2013, the Pennsylvania Department in 2020 Transportation of announced a requested and shortfall revenue major $600authorization borrow to million negotiations budget state to prior this past November the safeguard to cash flow needed maintain public to construction highway/road and transit has projects. Treasurer The State needed revenue the float to pledged maintain the License Motor to Fund’s cash flow fiscal through year 2020-21, but a long-term solution sustaining for Pennsylvania’s transportationfunding needs will be a major priority the for General Assembly in 2021. workers who upon rely workers them,and the who would bearratepayers the brunt of comment public A costs. additional the period the Environmental Quality for closes in package regulatory Board’s January a bill vetoed Wolf 2021. Gov. in September 2020 would that have required legislative authorization to join RGGI; further legislative activity is anticipated in the first quarter 2021. of 50 STATE OVERVIEW Texas is facing a $4.6 billion Texas the certificate state’s of need program, the permitting process establishing for or modifying healthcare facilities and services, “balance and modifications to billing” providers. out-of-network by Texas begins Legislature its 140-dayThe Texas biennial session on January 12, 2021. Capitol leaders considering still are how manage and session the conduct to access The during House COVID-19. onwill quickly a new Speaker vote to Speakerreplace retired Dennis Bonnen. Republicans an 83-67 will have majority House majority and an 18-13 in the Texas Rep.in Dade the Senate. State Phelan presumptive the is (R-Beaumont) First elected inSpeaker. 2014, Phelan, real commercial fourth-generation a is a former legislative developer, estate staffer and chairmancurrent theof powerful State Affairs Committee. two must-dos have lawmakers Texas 2021:for passing a balanced two-year state budget and redistricting. Texas has income no state tax, instead relying on sales, business franchise, and oil and beengas have revenues taxes. State and both depressed COVID-19 hit by agenciesenergy all state prices. In May, reduce instructed their to were budgets 5 percent.by Sales by tax fell revenues 4.8 percent in the second half 2020 of and other sources, such as taxes related alcohol,to and occupancy, hotel oil and gas, down than more 40 were percent in the same period this year. issues: Key Budget: shortfall in 2020-21 the current budget and billions heading more the into budget2022-23 The cycle. Texas since some rebounded has economy day hasthe a rainy summer and Texas fund approaching $10 billion. Ongoing budget include drivers an billion $11.6 public education bill, enacted in 2019, which includes new public school spending and property tax relief. take to Liability Texas reform: Look for asup liability COVID-19 for protection addresswell to as a rise tort in reforms trucking-related lawsuits. Longstanding disputes disputes Longstanding Even in the midst a pandemic, of Even telehealth network based in Sioux Falls, de-escalate in orderSD, to in moments crisis. of Taxes: those capitol, are there the at state especially representatives the of lower aim that to agricultural industry, taxes, specifically property taxes Maternal health: The number record womanof joining the of the ranks legislators will bring a newfocus to issues,” including“women’s maternal health equity. Tennessee The first session the of General 112th Assembly items many will feature left on the table in 2020 after the focus shiftedlegislature’s the to pandemic. Following the November their maintained Republicans elections, supermajorities in both chambers with leadership in changes significant no posts. issues: Key Republican justice reform: Criminal administration is likely Bill Lee’s Gov. again pursueto legislation would that parole and probation eligibility. reform Such a proposal promote is expected to alternatives incarceration, to such as recovery courts, and limits on the state’s supervisionability revoke to minor for violations release of conditions. The bill alsomay mandate reentry supervision, and not prisoners just for released on parole but also those who serve their full sentence. Early childhood A stalled literacy: initiative move Tennessee’s to schools standards reading phonics-based to Thewill be new revived. legislation will funding and provisions include likely alignedfor curriculum and instructional development professional materials, teachers, and current future for and recurring assessments for early students. elementary Health care: among health care stakeholders are are stakeholders among care health again. come the forefront to to likely Those items include proposals reform to

There are nearly • US Policy Scan 2021 85 Key issues: Key The Mental Mental Health health: Delivery Services has Force Task proposalsseveral bring in 2021. to One promising proposal is a Virtual Crisis pilotCare program. It would equip South enforcement law Dakota and court service officers in 23 counties thewith ability communicate to with individuals video through conferencing eCare, a leading Avera through The South is Legislature Dakota schedule convene on to January 14. Republicans hold supermajorities in both houses and also the control governership. The three following are issues come to up likely this year. South Dakota Dakota South Medical marijuana: The Compassionate began Act Care gaining support in the Houseand Senate last session and be will likely up again taken in committee this session. However, vocalwith opposition both the from Governor and and local state law enforcement, passage is an still Hate crime legislation: South Carolina is one only does that of states three not have hate crime legislation on the books. The South Carolina business community and Chamber of Commerce backing are legislation that has been pre-filed address to this. Fetal heartbeat legislation: An expanded Republican majority in both chambers will push legislation for Opponents abortions. restricting predict a court fight the will follow passage of any legislation. Redistricting: have who people 600,000 additional since the state themoved last to changes major some auguring census, in legislative and congressional districts, particularly along coastal the regions and the counties below Charlotte, haswhere the seen state the bulk its populationof growth. The time- process map-drawing consuming will occupy much session the of late months. uphill climb. 50 STATE OVERVIEW Supported by the legislature and and legislature the by Supported This is particularlyso in the health where isthere a critical sector, care frontline other and nurses of shortage butworkers, it also includes IT workers, manufacturing delivery workers, drivers, nameyou it. There a business is hardly sector seeing isn’t that some of level shortage. labor Climate change: the session, Last the passed—and then legislature Governor vetoed—a Global Warming Solutions Act. The legislature promptly and will be all eyes the veto overrode on the implementation this of bill. In the meantime, legislators seek will likely enhanceto the weatherization state’s efforts. Transportation and Climate Initiative (TCI): designed a cap-and-invest create to puts that program a price on the carbon the transportation, from emissions is on theinitiative Governor’s desk. If the administration does not sign on to it, expect some legislators try and to his hand.force Virginia Democrats both control chambers in General holding Assembly, the state’s an eight-seat majority in the House of Delegates and a two-seat edge over Republicans in the Senate. The 2021 session is scheduled start to Jan. 13 All 100 House endand 30 to later. days seats and offices statewide three will be November. in decided election 2021 the into heading Before season, Democratic Ralph Gov. Northam and his party’s majority in the legislature will look build onto policy victories secured in the 2020 session. issues: Key proposals justice:Criminal Multiple the commonwealth’s reform aiming to bond, and capital punishment parole been have systems filed. Democratic easing for pushed have legislators prison terms, particularly juvenile for eliminating offenders; geriatric and cash bail misdemeanors for carry that anda potential jail eliminating term; the death penalty crimes. state for Issues number The pandemic has has pandemic The Property taxes will be an issue Key issues: Key Based upon known, what is currently will bethere legislation concerning data election privacy, processes, pandemic issues stimulus ranging from to issues vaccine-related to programs price-controls during emergencies, air education andquality, funding, reform matters—although tax numerous and packagea major tax reform does not appearcurrently be on to the table. Vermont the Assembly, General Vermont The legislature, convenestate is set on to January in early wrap May, 6 and to although is there some talk starting of for session the suspending remotely, a time and thencoming back and continuing in person in the later year The Democrats when things “safer.” are lost a couple seats of in the House and one in the solid, Senate but have still session 2021 The majorities. veto-proof will open new with leadership, including Speaker the of Governor, a new Lt. House, House Majority Senate Leader, Senate Majority Tem, President Pro Leader and Chair the of House Ways and Means Committee—all whom of are women. issues: Key COVID-19/Budget: one, two and will be three COVID-19, and budget. theCOVID-19 state Because the legislature will be operating remotely at the beginning theof session, it is expected that delving will avoid lawmakers into issuescontroversial lots of require that budget on focus to order in testimony challenges. revenue and Taxes: The drop-offthis year. in tax collections has a the created state visitors to from $30 million hole in the education fund will needthat be filled. to Workforce: exacerbated Vermont’s serious the despite and crisis workforce minimum wage increases were that passed can we expect other last year, year. this legislation workforce-related

Lawmakers have Broadband and IT IT and Broadband To help the state address address state the help To • US PolicyScan 2021 86 It is currently unknown It is currently whether Utah’s 2021 general session will be conducted The or session virtually. live starts January 29 and ends on March 5. Most legislation numbered. is not yet There bill requestsare which of the titles publicare and others whose titles are and not be may protected currently numberedknown are they until and publicly released. Meanwhile in the Legislature, Utah State the House and Senate maintained veto- Republicanproof majorities. The House only saw one seat none flip. There were in the Senate. (Utah also flipped one Republican) in the USseat Congress, (to federaldelegation so all the of state’s Republicans.) are fresh blood. blood. fresh Utah will have a new governor, with with a newUtah governor, will have replacing Cox (R) Gov. current Gov. Lt. Gary Herbert expect We significant (R). department/agency in changes leadership. Herbert Gov. served as Lt. Jon HuntsmanGovernor former Gov. to Jr years five (2005-09), for completed and term four-year second Huntsman’s re-election). and election (for twice ran department/agency current Many have subordinates their and heads significant the Huntsman ties to and Herbert administrations, but some are and served othersretiring have in one administrations three andto will likely add be Cox to replaced Gov. by Utah revenue shortfalls, look for legislation legislation for look shortfalls, revenue aimed legalizing, at or seeking voter cannabis. legalize, to approval Cannabis: filed a number police of and law bills 2021. for enforcement reform Broadband: justice:Criminal modernization will be priorities as a recentresult of challenges around working home, from online school crash 2020 Spring the and instruction unemployment theof insurance state’s servers. computer 50 STATE OVERVIEW

Only nine of Gov. Evers’ Evers’ Only nine Gov. of Although Wisconsin is in better year-term. issues: Key Budget: states, financial many condition than ending biennium the current over with $1.3 billion in general available revenue day rainy and billion $.75 in the state’s fund, could the state face a nearly $2 billion budget structural deficit the at end biennium the of 2021-23 if revenue projections don’t improve. Gov. Evers plans introduce his biennial to budget on February 16, 2021. The budget will then be the sent Republican- to controlled Joint Finance Committee which has two new co-chairs for the first time budget in four cycles, Sen.with Marklein Howard (R-Spring andGreen) Rep. Mark Born (R-Beaver has said his Evers’ budget Gov. Dam). will focus recovery on COVID-19 and health that education care, and going be the are to infrastructure recovery. the of cornerstones Republicans Reform: have Election begun holding public hearings on concerns the that Wisconsin Election the mishandled clerks and Commission election of package A election. 2020 is initiatives expected early reform Republicans the at ballot box willlead theme: an overarching the relaxation to broadof government restrictions on a variety The fronts. of will Legislature continue looking at matters related COVID-19to mandates, occupational licensing repealing reforms, an existing mandate casinos that table with games alsoracing, offer greyhound andevery the where area conceivable other government in restricting a role plays businesses and personal liberties. Wisconsin Wisconsin’s political environment for the 2021-22 legislative session is nearly identical the 2019-2020 session, to with Republicanstrong majorities in both chambers and Democratic Tony Gov. in the secondEvers half his of four- in 2021. Appointments: fifteen major cabinet appointees were session legislative first the in confirmed West Virginia was was Virginia West Ideas being are floated West Virginia’s state budget state Virginia’s West are poisedare continue to those efforts. beenIn recent have years there two which, teachers’ strikes statewide coupled very with failed large political effortsby unions duringthe 2020 elections, will lead effortstheby to Legislature authorize to education savings which set accounts (ESAs), aside taxpayer dollars students for leavingwho are public school for schooling, private and further expand charter schoolthe state’s allow to law authorities. authorizing additional Budget: has weathered the COVID-19 crisis well in comparisonquite initial to expectations and other states’ in projections Revenue difficulties. continue exceedthe monthly state to estimates placing in decent the state fiscal health leading the 2021 in to legislative session. will Virginia West not see the massive budget crunches capitolsexpected around state in many the country. reform: Tax the state’s reform about to various ways personal income and business tax structures. is The continuing flirt state to thewith idea eliminating of its personal income tax but specific plans on how surface. implement to to yet have that There will be anotherrepeal effortto machine and the inventory state’s tax as is Virginia West one the of only tax. that The have remainingto states isLegislature considering effortsto place matters on various the tax-related specific take ballot to taxes out the of constitutionstate the hands and into of the Legislature. Court reform: After several previous attempts at creating an intermediate appellate court system, the Legislature a friendlierwill have environment with Republican supermajorities when it again attempts reform. this structural The court the creation of intermediate will be priority a top legislative for leadership. Relaxation government of restrictions: under Democratic control for many many for control Democratic under generations but recent successes by A constitutional In recent years, the West The State of Washington has Washington of The State The House Appropriations Appropriations House The Legislators are likely to face to likely Legislators are Gov. InsleeGov. has proposed • US PolicyScan 2021 87 Key issues: Key Education: Budget: Budget: Virginia West has Legislature Virginia been very proactive in reforming education and newly Republican minted supermajorities in both chambers Taxes: Taxes: tax changesseveral in his 2021-23 budget, including capital a gains tax at level. Thethe taxes state will be used fund a hostto pandemic-related of proposals, including business grants services. unemployment and Committee has begun its on work the budget Inslee after Gov. released his proposal. a committee According to over staff 90 member, percenttheof budget is allocated seven areas, the to largest being public schools, which percent. 50 over for accounts Key issues: Key COVID-19: been supporting in proactive citizens its amidthe pandemic. When 100,000 due benefits unemployment lost people inaction the federal by to government, steppedthe state $54 in with million to fill the gap. The Washington State Legislature will will Legislature The State Washington convene on January Democrats 11. hold majorities in both the House and Senate Inslee Jay and Gov. is a Democrat. Washington Redistricting: Budget: pressure pandemic-related ongoing the in plans spending and revenue on plan. budget two-year commonwealth’s Marijuana legalization: Gov. Northam has joined numerous Democratic support for expressing in legislators legalizing marijuana. amendment recently by approved legislative will require leadersvoters to delegate the actual districts of drawing designeesto on a newlyconstituted commission. 50 STATE OVERVIEW In a likely shortenedIn a likely session, Key issues: Key Budget: addressing Republican Mark Gov. $500 proposed and budget Gordon’s million in cuts will be priority. its top

the Departmentthe Transportation. of Wyoming The Wyoming will convene Legislature in January swear only in new to and when determine and members kickthe offhow to sessionFebruary in or March. currently servingcurrently unconfirmed, including the Secretaries the of Department Health of Services and • US PolicyScan 2021 88 of his four-year term. One term. nominee, hisof four-year the of Secretary-designee former Department & Trade Agriculture, of Consumerwas Brad Pfaff, Protection not confirmed the Senate, and by was subsequentlyHe elected body. that to fired his begins Evers in January. Gov. Development Workforce of Secretary fix a problem failing to for of backlogged unemployment insurance checks. Six cabinet secretaries are Legislative Dates to Watch

SEVERAL COVID-19 RELIEF PROGRAMS EXPIRE EARLY THIS YEAR

End date Program

Student loan repayment and interest accrual suspension expires Jan. 31 Eviction moratorium expires

Statutory deadline for president to submit budget proposal to Congress Feb. 1 – often missed

Extra $300 per week federal pandemic unemployment benefit expires, along with: • Pandemic Unemployment Assistance benefits, which are available for as long as 50 weeks Mar. 14 • Pandemic Emergency Unemployment Compensation program available for 24 weeks • An additional $100 weekly jobless benefit to eligible self-employed individuals • Full federal funding to qualifying states for the Extended Benefit and work- sharing programs

Several coronavirus responses measures expire, including: • Paycheck Protection Program Mar. 31 • Suspension of Medicare sequestration • Employer tax credits for providing emergency sick leave and family leave • Federal contractor reimbursements for paid leave

OTHER 2021 KEY DEADLINES AND EXPIRATIONS

End date Program

Jun. 30 5% benefit increase for Supplemental Nutrition Assistance Program ends

Jul. 1 Employee retention tax credit expires

Aug. 1 Debt limit comes back into effect

Treasury Department can use "extraordinary measures" to extend deadline

Fiscal 2021 funding and other major programs expire, including: • Surface transportation authorization (FAST Act) Sept. 30 • National Flood Insurance Program • Transportation Security Administration • Temporary Assistance for Needy Families

• Several tax extenders, including for energy and mortgage insurance premiums, expire • $300 above-the-line individual charitable deduction expires • Availability of Covid-19 pandemic emergency rental assistance funds expires Dec. 31 • 3.75% increase in Medicare physician fee schedules ends • Spending deadline for state and local governments that received CARES Act payments • Payment deadline for workers who had federal payroll taxes deferred due to pandemic

89 • US Policy Scan 2021 Legislative Calendars

January February March

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa

01 02 01 02 03 04 05 06 01 02 03 04 05 06

03 04 05 06 07 08 09 07 08 09 10 11 12 13 07 08 09 10 11 12 13

10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20

17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27

24/31 25 282726 29 30 28 28 29 30 31

April May June

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa

01 02 03 01 01 02 03 04 05

04 05 06 07 08 09 10 02 03 04 05 06 07 08 06 07 08 09 10 11 12

11 12 13 14 15 16 17 09 10 11 12 13 14 15 13 14 15 16 17 18 19

18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26

25 26 27 28 29 30 23/30 24/31 25 26 27 28 29 27 28 29 30

July August September

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa

01 02 03 01 02 03 04 05 06 07 01 02 03 04

04 05 06 07 08 09 10 08 09 10 11 12 13 14 05 06 07 08 09 10 11

11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18

18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25

25 26 27 28 29 30 31 29 30 31 26 2827 3029

October November December

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa

01 02 03 01 02 0201 03 04 05 06 04

05 06 07 08 09 10 11 03 04 05 06 07 08 09 07 08 09 10 11 12 13

10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18

17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25

24/31 25 26 27 28 29 30 28 3029 26 2827 3029 31

Senate scheduled to be House scheduled to be House and Senate scheduled in session in session to be in session

NEED THESE DATES IN OUTLOOK? To download the entire 2021 US Policy Scan congressional calendar and key dates directly into your Microsoft Outlook calendar click here.

90 • US Policy Scan 2021 State Legislative Calendar AS OF DECEMBER 22, 2020

REGULAR SESSION REGULAR SESSION REGULAR SESSION

State Convene Adjourn State Convene Adjourn State Convene Adjourn

Rhode Alabama February 2 May 18 Maryland January 13 April 12 January 5 * Island

Massachu- South Alaska January 19 April 19 January 6 * January 12 * setts Carolina

South Arizona January 11 April 23 Michigan January 13 * January 12 March 29 Dakota

Arkansas January 11 March 12 Minnesota January 5 May 17 Tennessee January 12 May 6

California January 11† September 10 Mississippi January 5 March 15 Texas January 12 May 31

Colorado January 13 May 13 Missouri January 6 May 30 Utah January 19 March 5

Connecticut January 6 June 9 Montana January 4 April 28 Vermont January 6 May 15

Delaware January 12 June 30 Nebraska January 6 June 10 Virginia January 13 February 27

Florida March 2 April 30 Nevada February 1 June 1 Washington January 11 April 25

New West Georgia January 11 April 2 January 6 June 28 January 13 April 10 Hampshire Virginia

Hawaii January 20 May 9 New Jersey January 12 * Wisconsin January 12 *

Idaho January 11 April 2 New Mexico January 19 March 20 Wyoming January 12 March 4

American Illinois January 13 * New York January 6 * TBD TBD Samoa

North District of Indiana January 4 April 29 January 13 July 30 January 2 December 31 Carolina Columbia

North Iowa January 11 April 30 January 5 April 28 Guam January 11 * Dakota

Northern Kansas January 11 May 14 Ohio January 4 December 31 Mariana TBD TBD Islands

Kentucky January 5 March 30 Oklahoma February 1 May 28 Puerto Rico January 11 *

Virgin Louisiana April 12 June 10 Oregon January 19 June 28 January 11 * Islands

Pennsylva- Maine December 2 June 16 January 5 December 15 nia

*Legislature meets throughout the year †California’s session was supposed to convene on Dec. 7 but was postponed due to COVID-19 Source: National Conference of State Legislatures

91 • US Policy Scan 2021 Dentons Dialogue US Policy Perspectives

Dynamic conversations on front burner policy issues Dentons Dialogue: US Policy Perspectives Join us Fridays from 3 -4 pm ET for our Dentons’ Public Policy practice is pleased to debut Dentons weekly Dentons Dialogue segments Dialogue: a weekly series of dynamic conversations breaking down front burner policy issues around the US. Date Time Topic Bringing together key political and industry leaders, these fast-paced perspectives will provide coverage from Federal various viewpoints to keep you up-to-speed on key sectors 1/15/2021 3–4 pm ET Overview and issues.

Each webinar will focus on a different topic, dialing-in on 1/22/2021 3–4 pm ET State of Politics the surrounding policy issues. A schedule of our upcoming Dentons Dialogue sessions may be found on this page. 1/29/2021 3–4 pm ET COVID-19

Stay in touch Climate and 2/5/2021 3–4 pm ET Energy We hope to see you during future installments in the Dentons Dialogue series. To stay in touch and receive updates directly to your inbox, please use the link below. 2/12/2021 3–4 pm ET Health Care

We value your feedback and encourage you to also submit 2/19/2021 3–4 pm ET Technology questions and suggested topics of interest for consideration in future programs. Smart Cities and 2/26/2021 3–4 pm ET Infrastructure

Financial Stay in touch 3/5/2021 3–4 pm ET Services and Housing

Register here

92 • US Policy Scan 2021 PUBLIC POLICY

Dentons’ national team includes lawyers and professionals with experience in federal, state and local government with specialists in public policy, law, business, and public affairs. We help clients to anticipate, mitigate, and leverage matters of government through innovative, holistic public policy and regulation strategies. Our team blends core regulatory, legislative, and political experience across key industry sectors with practical guidance and a balanced perspective on domestic and global policy and regulatory initiatives that are important to you and your business.

KEY CONTACTS

For more information about key dates in the year ahead or to discuss your strategic planning for 2021, please contact any member of Dentons’ Public Policy team, or your Dentons lawyer or professional.

Eric J. Tanenblatt John R. Russell, IV Thurbert Baker David Quam Caesar C. Mitchell, Jr. Polly Lawrence Global Chair, Public Principal Partner Counsel Partner Senior Policy Director Policy and Regulation

Lisa Ager Nicholas Allard Debra Atkins Caryl Auslander Daniel Baskerville Ashley D. Bell Senior Public Senior Counsel Policy Research Director Senior Policy Advisor Senior Policy Director Partner Policy Analyst

Timothy Coonan Todd Daubert Samuel Daughety Howard Dean Michael E. Drobac Fred DuVal Special Counsel Partner Counsel Senior Advisor Principal Senior Advisor Davis Brown*

Rodney Ellis Chris Fetzer Sydney Gangested Sharon A. Gay Dan Gibb Gordon Giffin Senior Advisor Partner Special Counsel Office Managing Partner Partner Partner Davis Brown*

Nello Giorgetti Gary Goldberg Richard Griffiths Tim Haake Tom Hampton Kimberly Hileman Principal Senior Policy Director Senior Advisor Senior Advisor Senior Advisor Principal

Natasha John William Kaneko Ron Kaufman Ben Keane Joe Krolikowski Steve Labovitz Managing Director Partner Senior Advisor Partner Counsel Partner

*Davis Brown is expected to combine with Dentons and become Dentons Davis Brown in the near future. 93 • US Policy Scan 2021 Matthew La Crue Gary LaPaille Ashley Lawrence Edward Lindsey Jr. Sander Lurie Tobin McClamroch Associate Managing Senior Advisor Managing Director Partner Principal Managing Partner, Director Dentons’ US Region

Bill McCollum Jr. C. Randall Nuckolls Michael Nutter Gilberto Ocañas Samuel Olens Bill Owens Partner Partner Senior Advisor Senior Advisor Counsel Senior Advisor

Andrew Paris Michael Pfeifer Margeaux Plaisted Brad A. Queisser Stephanie James Richardson Senior Policy Manager Managing Associate Senior Managing Principal Rawlings-Blake Managing Director Director Senior Advisor

Suzanne R. (Susi) Crawford Schneider Andrew Shaw V. Heather Sibbison David Skaggs George T. Skibine Schaeffer Associate Managing Partner Partner Senior Advisor Counsel Counsel Director

Darry Sragow Elmer Stancil Jr. David Tafuri David Tandy Gary Thorup Robert A. Vescio Senior Counsel Senior Managing Counsel Of Counsel Shareholder Principal Director

Gregory S. Walden Lemuel Ward Lauren Wilson Jasmine Zaki Michael E. Zolandz Partner Counsel Managing Associate Senior Managing Chair, Federal Regulatory Associate and Compliance

94 • US Policy Scan 2021 ABOUT DENTONS

Dentons is the world’s largest law firm, connecting talent to the world’s challenges and opportunities in more than 75 countries. Dentons’ legal and business solutions benefit from deep roots in our communities and award-winning advancements in client service, including Nextlaw, Dentons’ innovation and strategic advisory services. Dentons’ polycentric and purpose-driven approach, commitment to inclusion and diversity, and world-class talent challenge the status quo to advance client and community interests in the New Dynamic. dentons.com

© 2021 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This publication is not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. Please see dentons.com for Legal Notices.

CSBrand-45215-Policy-Scan-2021-21 — 27/01/2021

95 • US Policy Scan 2021