Congressman Harris Vote Update – May to July 2021

Congressman Andy Harris votes mostly NO in the U.S. House of Representatives– even when the bills being voted on could benefit voters in the First Congressional District. Even bills that have substantial bipartisan support, do not seem to get Andy Harris’ support.

The Congressman’s website lists bill and roll call numbers and whether he voted Nay or Yea; however, the website does not include explanations for his votes.  Congressman Andy Harris | Representing the First District of Maryland (house.gov); Votes and Legislation | Congressman Andy Harris (house.gov). Sometimes he will tweet or make a statement.   Rep. Andy Harris, MD (@RepAndyHarrisMD) / TwitterCongressman Andy Harris | Representing the First District of Maryland (house.gov);  A dozen Republicans voted against Congressional Gold Medals for police who protected them on Jan. 6 – The Washington Post. Mostly though, voters are left in the dark as to why he votes the way he does.

Voters should press the Congressman to give his reasons for every vote:  in plain English and in a format that is easy to find.  June and July 2021 were again examples of Harris voting mostly no with no explanation for how his vote served the people in his district. Maryland’s First Congressional District constituents deserve more.

For example:

July 1, 2021:  H.R. 3684:  Invest in America Act

According to the congressional bill summary, among other provisions, the bill

• extends FY2021 enacted levels through FY2022 for federal-aid highway, transit, and safety programs;
• reauthorizes for FY2023-FY2026 several surface transportation programs, including the federal-aid highway program, transit programs, highway safety, motor carrier safety, and rail programs;
• addresses climate change, including strategies to reduce the climate change impacts of the surface transportation system and a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of federal resources;
• revises Buy America procurement requirements for highways, mass transit, and rail;
• establishes a rebuild rural bridges program to improve the safety and state of good repair of bridges in rural communities;
• implements new safety requirements across all transportation modes; and
• directs DOT to establish a pilot program to demonstrate a national motor vehicle per-mile user fee to restore and maintain the long-term solvency of the Highway Trust Fund and achieve and maintain a state of good repair in the surface transportation system. https://www.congress.gov/bill/117th-congress/house-bill/3684/.

Two Republicans joined all Democrats to pass the bill in the House of Representatives. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 30, 2021:  H. Res. 503:   Establishing the Select Committee to Investigate the January 6^th Attack on the U.S. Capitol. https://clerk.house.gov/Votes/2021197; https://www.congress.gov/bill/117th-congress/house-resolution/504/actions

The motion passed in the House of Representatives. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details Vote Details; Office of the Clerk, U.S. House of Representatives – Vote Details

June 29, 2021:  H.R. 3005: To replace the bust of Justice Roger Brooke Taney in the Old Supreme Court Chamber of the U.S. Capitol and replace it with a bust of Thurgood Marshall.

The bill directs the Joint Committee on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court chamber of the Capitol and to obtain a bust of Thurgood Marshall with which to replace it.

The bill also provides for the Joint Committee on the Library to remove all Confederate statutes and busts, as well as the statues of Charles Brantley Aycock, John Caldwell Calhoun, and James Paul Clarke, from areas of the Capitol accessible to the public. The bill also directs the Architect of the Capitol to store each removed statue. https://www.congress.gov/bill/117th-congress/house-bill/3005. The bill was introduced by Rep. Steny Hoyer of Maryland.

Some historical context is helpful in evaluating this bill. Born in Calvert County, Maryland, Justice Taney was the Chief Justice of the U.S. Supreme Court from 1836 until 1864. Justice Taney delivered the opinion of the Court in 1856 in the case of Dred Scott v. Sandford. The Court majority held that a Black man, whether enslaved or free, could not be an American citizen and did not have standing to sue in federal court. The decision held further that Congress did not have authority to free slaves within federal territories, that slaves were property under the Fifth Amendment and that any law that would deprive a slave owner of that property was unconstitutional.

The Dred Scott decision is generally regarded as the worst decision in the history of the Supreme Court. The decision was nullified by the Thirteenth and Fourteenth Amendments to the U.S. Constitution.  “Dred Scott v. Sandford.” Oyez, www.oyez.org/cases/1850-1900/60us393; Dred Scott v. Sandford :: 60 U.S. 393 (1856) :: Justia US Supreme Court Center

Justice Thurgood Marshall, born in Baltimore, Maryland, is regarded as one of the country’s greatest jurists and civil rights advocates. As a practicing lawyer, among many other cases, he argued Brown v. Board of Education before the Supreme Court, succeeding in having the Supreme Court declare segregated public schools unconstitutional. Brown v. Board of Education :: 344 U.S. 141 (1952) :: Justia US Supreme Court Center.  He was the first African American justice appointed to the Supreme Court. https://www.uscourts.gov/educational-resources/educational-activities/justice-thurgood-marshall-profile-brown-v-board.

67 Republicans joined 218 Democrats in the House of Representatives in support of this bill. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details.

June 29, 2021:  H.R. 2662:  IG Independence and Empowerment Act.

The bill would emphasize the independence of Inspector Generals. The bill allows for an IG to be removed only for cause and adds provisions regarding acting IGs when an IG position is vacant. https://www.congress.gov/bill/117th-congress/house-bill/2662

Three Republicans joined all Democrats to pass the bill in the House of Representatives. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 29, 2021: H.R. 567:  Trans-Sahara Counterterrorism Partnership Program Act of 2021. H.R.567 – 117th Congress (2021-2022): Trans-Sahara Counterterrorism Partnership Program Act of 2021 | Congress.gov | Library of Congress.

The bill provides statutory authority for the Trans-Sahara Counterterrorism Partnership Program, an interagency program launched in 2004 to partner with countries in the Sahel and Maghreb regions of Africa to counter terrorism and violent extremism.

Harris voted yes. Office of the Clerk, U.S. House of Representatives – Vote Details . Only 15 members of the House voted no. 20 did not vote.

June 28, 2021: H.R. 391:  Global Health Security Act of 2021H.R.391 – 117th Congress (2021-2022): Global Health Security Act of 2021 | Congress.gov | Library of Congress

According to the bill summary, this bill directs the President to create the Global Health Security Agenda Interagency Review Council to implement the Global Health Security Agenda, an initiative launched by nearly 30 nations to address global infectious disease threats.

The council’s responsibilities include (1) providing policy recommendations on agenda-related goals, objectives, and implementation; (2) helping federal agencies with implementation; and (3) reviewing the progress and challenges in achieving U.S. commitments, including assistance to help other countries meet agenda targets. The bill also directs the federal agencies involved with the agenda to prioritize its implementation and to take certain steps to achieve that goal. The bill also directs the President to appoint a U.S. Coordinator for Global Health Security to coordinate and report on the interagency process for responding to global health security emergencies.

The Bill passed the House on a bipartisan basis with 90 Republicans voting in favor or the bill. Harris voted no.  Office of the Clerk, U.S. House of Representatives – Vote Details

June 28, 2021:  H.R. 3593:  The Department of Energy Science for the Future Act. The bipartisan bill would provide comprehensive authorization for the Department of Energy’s Office of Science. The Office supports large scale research programs in the physical sciences, including materials and chemical science, climate science, bioscience, carbon management, advanced computing, quantum information science, artificial intelligence fusion energy, high energy physics and nuclear physics. HR 3593 Summary 6.25.21 update for website (house.gov).

The bill passed with substantial bipartisan support, with 134 Republicans joining 134 Democrats. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 28, 2021:  H.R. 2225:  National Science Foundation for the Future Act.

The bill reauthorizes the National Science Foundation through FY 2026 and authorizes programs and activities. Among other things, the bill requires the NSF to enter into a contract with the National Academies of Science, Engineering and Medicine to assess the status and opportunities for pre-K through 12 science, technology, engineering, mathematics and computer science. The bill also directs NSF to support research to advance understanding of the food-energy water system and to improve understanding of the climate system and related human and environmental systems. H.R.2225 – 117th Congress (2021-2022): National Science Foundation for the Future Act | Congress.gov | Library of Congress.

The bill passed the House of Representatives with broad bipartisan support. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 24, 2021:  H.R. 239:  Equal Access to Contraception for Veterans. The bill prohibits the Department of Veterans Affairs from requiring payment from a veteran for any contraceptive item that is required to be covered by health insurances plans without a cost sharing arrangement. H.R.239 – 117th Congress (2021-2022): Equal Access to Contraception for Veterans Act | Congress.gov | Library of Congress.

The bill passed the House with bipartisan support. Congressman Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 24, 2021:  H.R. 1443:  LGBT Equal Credit Enforcement And Investment Act.

According to the bill summary, the bill requires financial institutions to report certain credit application data to the Consumer Financial Protection Bureau for the purposes of enforcing fair lending laws. Currently, financial institutions report certain credit application data to the Consumer Financial Protection Bureau regarding women owned and minority owned small businesses. H.R.1443 – 117th Congress (2021-2022): LGBTQ Business Equal Credit Enforcement and Investment Act | Congress.gov | Library of Congress

The bill passed the House with bipartisan support. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details.

June 23, 2021:  H.R. 2062.  Protecting Older Workers Against Discrimination Act of 2021. H.R.2062 – 117th Congress (2021-2022): Protecting Older Workers Against Discrimination Act of 2021 | Congress.gov | Library of Congress

According to the bill summary, the bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims).

The bill (1) permits the complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that the complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court’s decision in Gross v. FBL Financial Services, Inc., which requires the complainant to prove that age was the but-for cause for the employer’s decision).

The bill applies this evidentiary standard to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.

The bill passed the House with bipartisan support. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 17, 2021:  H.R. 256:  to repeal the authorization for use of Military Force Against Iraq Resolution of 2002. H.R.256 – 117th Congress (2021-2022): To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. | Congress.gov | Library of Congress

The bill had bipartisan support. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 16, 2021:   S. 475:  Juneteenth National Independence Day Act. The House passed the Senate bill with substantial Republican support. S.475 – 117th Congress (2021-2022): Juneteenth National Independence Day Act | Congress.gov | Library of Congress. The bill was signed by the President and became law on June 17, 2021.

Harris voted yes. Office of the Clerk, U.S. House of Representatives – Vote Details

But see also:  June 16, 2021: https://www.congress.gov/bill/117th-congress/house-resolution/479.

Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 16, 2021: H.R. 1187:  Corporate Governance Improvement and Investor Protection Act.

According to the bill summary, this bill requires an issuer of securities to annually disclose to shareholders certain environmental, social, and governance metrics and their connection to the long-term business strategy of the issuer. The bill also establishes the Sustainable Finance Advisory Committee that must, among other duties, recommend to the Securities and Exchange Commission policies to facilitate the flow of capital towards environmentally sustainable investments. H.R.1187 – 117th Congress (2021-2022): Corporate Governance Improvement and Investor Protection Act | Congress.gov | Library of Congress

No Republican voted in favor of the bill. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

June 15, 2021:  H.R. 3325:  Motion to award four congressional gold medals to the U.S. Capitol Police and those who protected the Capital on January 6, 2021.

H.R.3325 – 117th Congress (2021-2022): To award four congressional gold medals to the United States Capitol Police and those who protected the U.S. Capitol on January 6, 2021. | Congress.gov | Library of Congress

188 Republicans joined 218 Democrats to vote yes. Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

In terms of Harris voting patterns, May 2021 not much different.  A few examples:

May 20, 2021:  S.937 – Covid-19 Hate Crimes Act

According to the bill summary, the senate bill required a designated officer or employee of the Department of Justice (DOJ) to facilitate the expedited review of hate crimes and reports of hate crimes.

Also, according to the bill summary, DOJ must issue guidance for state, local, and tribal law enforcement agencies on establishing online hate crime reporting processes, collecting data disaggregated by protected characteristic (e.g., race or national origin), and expanding education campaigns.

Additionally, DOJ and the Department of Health and Human Services must issue guidance aimed at raising awareness of hate crimes during the COVID-19 (i.e., coronavirus disease 2019) pandemic.

The bill establishes grants for states to create state-run hate crimes reporting hotlines. It also authorizes grants for states and local governments to implement the National Incident-Based Reporting System and to conduct law enforcement activities or crime reduction programs to prevent, address, or respond to hate crimes.

Finally, in the case of an individual convicted of a hate crime offense and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service as a condition of supervised release. https://www.congress.gov/bill/117th-congress/senate-bill/937.

The bill originated in the Senate and passed there with a Yea-Nay vote of 94-1. In the House, there was bipartisan support with 364 representatives voting YEA. Congressman Harris voted nay. https://clerk.house.gov/Votes/2021145.

The bill was signed by the President and became law on May 20, 2021.

May 19, 2021:  H.R. 1629 – Fairness in Orphan Drug Exclusivity Act.

According to the bill summary, the bill limits which orphan drugs may be granted a market exclusivity period by the Food and Drug Administration (FDA). (The bill summary explains that generally, an orphan drug is one that is not economically viable because of the rarity of the disease that it treats. The sponsor of an FDA-designated orphan drug may be granted various incentives, such as a seven-year period in which the FDA may not grant market approval to a different sponsor for the same drug to treat the same disease.)

According to the bill summary, the bill provides that if a drug is designated as an orphan drug on the basis that it treats a disease that affects 200,000 or fewer people in the United States and because there is no reasonable expectation that the sponsor will recover the costs of developing and distributing the drug from U.S. sales, the drug shall be granted the seven-year exclusivity period only if the sponsor demonstrates that there is no reasonable expectation that it will recover such costs specifically within its first 12 years of U.S. sales of the drug. This requirement shall also apply retroactively to an orphan drug that was granted such an exclusivity period before this bill’s enactment. https://www.congress.gov/bill/117th-congress/house-bill/1629

The bill had overwhelming bipartisan support, with 187 Republicans joining 215 Democrats.   The Congressman, who is a practicing physician – and presumably therefore aware of the bill’s economic implications for patients – nonetheless voted no. https://clerk.house.gov/Votes/2021150

May 19, 2021:  Resolution condemning the horrific shootings in Atlanta, Georgia on March 16, 2021 and reaffirming the House of Representative’s commitment to combating hate, bigotry and violence against the Asian American and Pacific islander community. https://clerk.house.gov/Votes/2021149

The resolution had bipartisan support. Congressman Harris voted no. Office of the Clerk, U.S. House of Representatives – Vote Details

May 14, 2021:  H.R. 1065 – Pregnant Workers Fairness Act

According to the bill summary, the bill prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A qualified employee is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions.

Specifically, the bill declares that it is an unlawful employment practice to

• fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity’s business operation;
• require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
• deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee;
• require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or
• take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.

The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill. https://www.congress.gov/bill/117th-congress/house-bill/1065.

The bill passed the House with substantial bipartisan support. Harris voted no. https://clerk.house.gov/Votes/2021143

May 13, 2021:    H.R. 2877  Behavioral Intervention Guidelines Act of 2021

According to the bill summary, the bill would amend the Public Health Service Act to direct the Secretary of Health and Human Services to identify and facilitate the development of best practices to assist elementary schools, secondary schools and institutions of higher learning to establish and use behavioral intervention teams from an evidence-based objective perspective while protecting constitutional and civil rights of individuals. H.R.2877 – 117th Congress (2021-2022): Behavioral Intervention Guidelines Act of 2021 | Congress.gov | Library of Congress

There was substantial bipartisan support for this bill in the House of Representatives with 178 Republicans joining 145 Democrats to vote Yea. Harris voted no. https://clerk.house.gov/Votes/2021142.

In summary, the Congressman voted no most of the time – providing voters in his district with little explanation for any of his no votes – even though the bills would benefit many in his district.  Voters deserve an explanation.