Lame Duck Session Begins
By Amy West GovTrack.us Nov 15, 2024
Legislation & Nominations
In the first week back after the election, both the House and the Senate got a little work done. These are the same legislators that were serving before the election since newly elected legislators don't take office until January 3 at noon, when the 119th Congress begins, and also eight election races still remain uncalled in the House.
H.R. 82: Social Security Fairness Act of 2023, which would repeal the government pension offset and windfall elimination provisions, passed 327-175. It goes to the Senate next. If the Senate doesn't act by January 3, 2025, the bill will die. But given that it garnered enough House support to both get a discharge petition and pass, it will likely be reintroduced in the next Congress.
H.R. 8446: Critical Mineral Consistency Act of 2024, which would combine the Department of Energy list of critical minerals with that of the US Geological Survey (thus, according to Politico, benefiting copper mining interests), passed 245-155.
H.R. 7409: HEATS Act, which would allow entities drilling for geothermal energy to skip federal permitting if the US government holds less than a 50% interest in the sub-surface area being drilled, passed 225-181.
On the Nomination PN923: David Huitema, of Maryland, to be Director of the Office of Government Ethics for a term of five years the vote was 50-46 on party lines. You can get more detail on the vote from Government Executive.
Cabinet Nominations from Congress
President-elect Trump has begun naming the folks he intends to nominate next year for cabinet positions once he becomes president on January 20 at noon. So far, he intends to nominate from Congress:
Sen. Marco Rubio (R-FL) for Secretary of State.
Rep. Michael Waltz (R-FL6) for National Security Advisor (doesn't require Senate confirmation).
Rep. Elise Stefanik (R-NY21) for UN Ambassador.
Rep. Matt Gaetz (R-FL1) for Attorney General.
All will have to resign from Congress before they can take another government position.
Gaetz is a special case. He has been under investigation by the House Ethics Committee for, among other things, sex with minors while he is an adult. The House Ethics Committee had planned to meet today, Friday, November 15th, 2024, to vote to release the report of their investigation. Some sources told journalists at Punchbowl News that the report would be damaging.
On Wednesday of this week (Nov. 13), Gaetz resigned from Congress and further said he "did not intend" to take the seat he just won last week in the 119th Congress.
As a result of his sudden resignation, the Ethics Committee chair, Rep. Michael Guest (R-MS3), says the Committee will not now release the report.
There are, as you'd expect, quite a few people who would like the Ethics Committee to release their report including numerous senators who will consider his nomination in the Senate. The Trump transition team is not doing background checks on at least some of their nominees so getting information on nominees may prove challenging.
In the absence of the report, we note that none of the other members who've been nominated for administration positions have resigned yet. But then, none of them had outstanding Ethics Committee investigations rumored to result in damaging reports.
How Big Will the Republicans' Majority Be in the 119th Congress?
We don't know for sure yet. Currently, the Republicans have won 218 of the races called. 8 seats remain uncalled. The best case scenario for Republicans would be 218+8 = 226 minus at least 3: Gaetz, Waltz, & Stefanik or 223 seats. But they might not win all of those outstanding seats. And, of course, President-elect Trump might nominate more House members for cabinet positions. We'll let you know more when there's more to know.
New Senate Majority Leader
For the first time in 18 years, the Senate Republicans have a new party leader and the next Majority Leader: Sen. John Thune (R-SD). Trump has recently been making big demands of the Senate. We won't know for a while how Sen. Thune will work with Trump in Thune's new role. So far, over the years, he's generally managed to forge a path that is neither sycophantic nor obstructive.
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Hawaii Congressional Delegation
Nov 12, 2024 5:31 p.m. — Vote
On the Nomination PN1960: April M. Perry, of Illinois, to be United States District Judge for the Northern District of Illinois
Nomination Confirmed 51/44
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 12, 2024 6:55 p.m. — Vote
H.R. 82: Social Security Fairness Act of 2023
Passed 327/75
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 12, 2024 7:19 p.m. — Vote
H.R. 5342: Equal Treatment of Public Servants Act of 2023
Failed 175/225
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Nay
Nov 12, 2024 7:28 p.m. — Vote
H.R. 9495: Stop Terror-Financing and Tax Penalties on American Hostages Act
Failed 256/145
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Nay
Nov 13, 2024 12:33 p.m. — Vote
Motion to Invoke Cloture: Jonathan E. Hawley to be U.S. District Judge for the Central District of Illinois.: Jonathan E. Hawley, of Illinois, to be United States District Judge for the Central District of Illinois
Cloture Motion Agreed to 50/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 13, 2024 1:57 p.m. — Vote
On Ordering the Previous Question: H.Res. 1568: Providing for consideration of the bill (H.R. 8932) to establish an earlier application …
Passed 211/201
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Nov 13, 2024 2:05 p.m. — Vote
H.Res. 1568: Providing for consideration of the bill (H.R. 8932) to establish an earlier application processing cycle for the FAFSA; providing for consideration of the bill (H.R. 7409) to amend the Geothermal Steam Act of 1970 to waive the requirement fo
Passed 212/201
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Nov 13, 2024 2:20 p.m. — Vote
On the Nomination PN1903: Jonathan E. Hawley, of Illinois, to be United States District Judge for the Central District of Illinois
Nomination Confirmed 50/46
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 13, 2024 3:14 p.m. — Vote
Motion to Invoke Cloture: David Huitema to be Director of the Office of Government Ethics.: David Huitema, of Maryland, to be Director of the Office of Government Ethics for a term of five years
Cloture Motion Agreed to 50/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 13, 2024 5:18 p.m. — Vote
Motion to Invoke Cloture: Cathy Fung to be a Judge of the U.S. Tax Court: Cathy Fung, of California, to be a Judge of the United States Tax Court for a term of fifteen years
Cloture Motion Agreed to 58/37
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 14, 2024 — Ordered Reported
S. 4713: IDEA Act
Sponsor: Sen. Mazie Hirono [D-HI]
Last Action: Committee on the Judiciary. Ordered to be reported without amendment favorably.
Explanation: The committees assigned to this bill sent it to the House or Senate as a whole for consideration on November 14, 2024.
Nov 14, 2024 11:38 a.m. — Vote
On the Nomination PN1744: Cathy Fung, of California, to be a Judge of the United States Tax Court for a term of fifteen years
Nomination Confirmed 59/37
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 14, 2024 12:43 p.m. — Vote
On the Nomination PN923: David Huitema, of Maryland, to be Director of the Office of Government Ethics for a term of five years
Nomination Confirmed 50/46
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 14, 2024 1:41 p.m. — Vote
Motion to Invoke Cloture: Embry J. Kidd to be U.S. Circuit Judge for the Eleventh Circuit.: Embry J. Kidd, of Florida, to be United States Circuit Judge for the Eleventh Circuit
Cloture Motion Agreed to 49/44
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 14, 2024 2:19 p.m. — Vote
On Motion to Recommit: H.R. 8446: Critical Mineral Consistency Act of 2024
Failed 199/206
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 14, 2024 2:27 p.m. — Vote
H.R. 8446: Critical Mineral Consistency Act of 2024
Passed 245/155
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Nov 14, 2024 2:33 p.m. — Vote
On Motion to Recommit: H.R. 7409: HEATS Act
Failed 198/206
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 14, 2024 2:41 p.m. — Vote
H.R. 7409: HEATS Act
Passed 225/181
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Nov 15, 2024 10:19 a.m. — Vote
H.R. 8932: FAFSA Deadline Act
Passed 381/1
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea