Urelenting uncertainty (Nov 22, 2024)
By Amy West, GovTrack.us, Nov 22, 2024
What a Week
The Senate Democratic majority made a deal with the Republican minority on judges. A few seats remain uncalled in the House. The House Republicans, with Democratic support, passed a bill giving a whole lot of power to the President. And then there's the many procedural questions hanging over former Rep. Matt Gaetz's (R-FL1) failed bid for attorney general, some without precedent.
Senate Deals
The Senate pushed through longer hours than usual this week to confirm a number of judges nominated by President Biden. However, on Thursday Nov. 21, Majority Leader Schumer announced a deal to get through all but four nominations before the end of the term. The argument is that since the four excluded weren't going to get confirmed anyway due to Democratic opposition as well as Republican, this would allow the Senate to get what it could.
House Still not Fully Set for the 119th Congress
Three races remain uncalled. Two in California, one in Iowa. While Democratic wins in these races won't flip control of the House in the 119th, they would make the Republican majority even tighter than it has been this Congress. And that's before the Republicans who have been nominated to serve in President-elect Trump's administration leave.
House: Let's Give the President Even More Power
The House passed a number of bills this week, but we're going to focus on one that hands enormous power to President-elect Trump by way of the Treasury Department: H.R. 9495: Stop Terror-Financing and Tax Penalties on American Hostages Act. The bill has two parts. One part, which is uncontroversial, would provide tax relief for U.S. citizens unjustly imprisoned abroad.
The second part though, would give the treasury the power to strip non-profits it claims support “terrorism” of their tax-exempt status and does not require the treasury to adhere to any evidentiary standard in releasing its findings per the Guardian. Bill opponents argue that this would be a venue for the President-elect's vows of vengeance against people and groups he considers enemies.
The bill goes to the Senate next. Majority Leader Schumer has indicated he will not bring the bill to the Senate floor.
Now what with Gaetz?
To recap:
Until January 3, 2025, we are in the 118th Congress
On January 3, 2025, we flip to the 119th Congress
Gaetz was the representative for FL-1 for the 118th Congress
Gaetz resigned from the 118th last week
Gaetz was re-elected for the 119th
In his resignation letter he said he did not "intend" to take the seat to which he was re-elected for the 119th
Now that he's withdrawn from consideration for Attorney General,
Can he show up on January 3 and be sworn in? No one knows. It's unprecedented.
Could he run in the special election that will have to be held to fill the vacancy he has created? Here we have an answer! Yes he can. There are many examples of this over Congress's history. Possibly the closest match is Adam Powell. Amid allegations of corruption, he was elected to office. The House voted to exclude him and then he ran in the special election and won that. At the time, he didn't take the seat, but he ran still another time in 1969. This time he was allowed to join Congress but fined. Later in 1969, the Supreme Court threw out his exclusion. In 1970, he lost the primary to Charlie Rangel.
Other options for Gaetz include being appointed to finish Sen. Rubio's term since Rubio has been named the expected nominee for Secretary of State. The Senate's Ethics Committee is inactive, so that would be good for Gaetz. However, more likely is an appointment by Trump to a position that doesn't require Senate confirmation or going to work for a lobbying firm. By sheer volume of former Congress members who go on to lobby, lobbying is more likely. On the other hand, we all know by now that Trump hates a loss, so a non-confirmed position in the administration also seems quite probable.
Mailbag Next Week
Both chambers are out next week for Thanksgiving and will return the first week of December. Barring any other big news in the interim, we'll have a special mailbag post just on H.R. 82: Social Security Fairness Act in which we'll do our best to explain it in simpler terms than, say, the Social Security Administration uses. We are not experts so it won't be in depth, but we'll do our best.
View this post on the web. Send us an email with your questions about this post.
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Hawaii Congressional Delegation
Nov 18, 2024 — Bill Text
S. 4713: IDEA Act
This bill’s text for status Reported by Senate Committee (Nov 18, 2024) is now available.
Sen. Mazie Hirono [D-HI] is the sponsor of this bill.
Nov 18, 2024 5:27 p.m. — Vote
On the Nomination PN1749: Embry J. Kidd, of Florida, to be United States Circuit Judge for the Eleventh Circuit
Nomination Confirmed 49/45
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 6:32 p.m. — Vote
Motion to Proceed to Legislative Session
Motion Agreed to 48/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 6:52 p.m. — Vote
H.R. 8371: Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act
Passed 389/9
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 18, 2024 6:59 p.m. — Vote
H.R. 5658: Vote by Mail Tracking Act
Passed 396/6
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 18, 2024 7:33 p.m. — Vote
On the Motion to Proceed PN1749: Embry J. Kidd, of Florida, to be United States Circuit Judge for the Eleventh Circuit
Motion to Proceed Agreed to 47/36
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 8 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 8:13 p.m. — Vote
On the Motion to Proceed PN1402: Amir H. Ali, of the District of Columbia, to be United States District Judge for the District of Columbia
Motion to Proceed Agreed to 46/40
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 8:29 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/40
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 8:41 p.m. — Vote
On the Motion to Proceed PN1463: Sparkle L. Sooknanan, of the District of Columbia, to be United States District Judge for the District of Columbia
Motion to Proceed Agreed to 46/42
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 8:57 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/41
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 9:11 p.m. — Vote
On the Motion to Proceed PN1577: Brian Edward Murphy, of Massachusetts, to be United States District Judge for the District of Massachusetts
Motion to Proceed Agreed to 46/41
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 9:27 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/40
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 9:42 p.m. — Vote
On the Motion to Proceed PN1651: Anne Hwang, of California, to be United States District Judge for the Central District of California
Motion to Proceed Agreed to 46/38
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 9:59 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 45/38
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 10:15 p.m. — Vote
On the Motion to Proceed PN1650: Cynthia Valenzuela Dixon, of California, to be United States District Judge for the Central District of California
Motion to Proceed Agreed to 46/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 10:29 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 45/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 10:45 p.m. — Vote
On the Motion to Proceed PN1806: Catherine Henry, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania
Motion to Proceed Agreed to 46/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 11 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/39
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 11:13 p.m. — Vote
On the Motion to Proceed PN1827: Noel Wise, of California, to be United States District Judge for the Northern District of California
Motion to Proceed Agreed to 46/38
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 11:29 p.m. — Vote
Motion to Proceed to Legislative Session
Motion to Proceed Agreed to 46/38
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 18, 2024 11:42 p.m. — Vote
On the Motion to Proceed PN1905: Gail A. Weilheimer, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania
Motion to Proceed Agreed to 46/36
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 — Ordered Reported
S. 4259: Lahaina National Heritage Area Act
Sponsor: Sen. Mazie Hirono [D-HI]
Last Action: Committee on Energy and Natural Resources. Ordered to be reported with amendments favorably.
Explanation: The committees assigned to this bill sent it to the House or Senate as a whole for consideration on November 19, 2024.
Nov 19, 2024 — Introduced
S.Res. 897: A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
Sponsor: Sen. Brian Schatz [D-HI]
This resolution is in the first stage of the legislative process. It will typically be considered by committee next.
Nov 19, 2024 11:40 a.m. — Vote
On the Motion (Motion to Instruct the Sergeant at Arms to Request the Presence of Absentee Senators): Mustafa Taher Kasubhai, of Oregon, to be United States District Judge for the District of Oregon
Motion Agreed to 41/26
Sen. Hirono [D-HI]: Not Voting
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 12:03 p.m. — Vote
Motion to Invoke Cloture: Mustafa Taher Kasubhai to be U.S. District Judge for the District of Oregon: Mustafa Taher Kasubhai, of Oregon, to be United States District Judge for the District of Oregon
Cloture Motion Agreed to 51/43
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 1:55 p.m. — Vote
On Ordering the Previous Question: H.Res. 1576: Providing for consideration of the bill (H.R. 1449) to amend the Geothermal Steam …
Passed 210/199
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Nov 19, 2024 2:03 p.m. — Vote
H.Res. 1576: Providing for consideration of the bill (H.R. 1449) to amend the Geothermal Steam Act of 1970 to increase the frequency of lease sales, to require replacement sales, and for other purposes, and providing for consideration of the bill (H.R. 9
Passed 212/203
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Nov 19, 2024 2:17 p.m. — Vote
On the Nomination PN1244: Mustafa Taher Kasubhai, of Oregon, to be United States District Judge for the District of Oregon
Nomination Confirmed 51/44
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 3:15 p.m. — Vote
Motion to Invoke Cloture: Sarah French Russell to be U.S. District Judge for the District of Connecticut: Sarah French Russell, of Connecticut, to be United States District Judge for the District of Connecticut
Cloture Motion Agreed to 50/45
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 4:29 p.m. — Vote
H.Amdt. 1228 (Grijalva) to H.R. 1449: To extend the timeline for determining permit completeness to 90 days, as requested by the Department of the Interior, and provides flexibility in the timeline to issue final determinations on a permit.
Failed 200/210
Rep. Case [D-HI1]: Aye
Rep. Tokuda [D-HI2]: Aye
Nov 19, 2024 4:33 p.m. — Vote
H.Amdt. 1229 (Grijalva) to H.R. 1449: To condition the effective date on a certification that the Bureau of Land Management and other Federal permitting agencies have sufficient staff and funding to comply with the deadlines established by this Act.
Failed 196/215
Rep. Case [D-HI1]: Aye
Rep. Tokuda [D-HI2]: Aye
Nov 19, 2024 4:41 p.m. — Vote
On Motion to Recommit: H.R. 1449: CLEAN Act
Failed 202/211
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 19, 2024 4:49 p.m. — Vote
H.R. 1449: CLEAN Act
Passed 244/171
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Nov 19, 2024 5:26 p.m. — Vote
On the Nomination PN1253: Sarah French Russell, of Connecticut, to be United States District Judge for the District of Connecticut
Nomination Confirmed 50/44
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 19, 2024 6:24 p.m. — Vote
Motion to Invoke Cloture: Rebecca L. Pennell to be U.S. District Judge for the Eastern District of Washington: Rebecca L. Pennell, of Washington, to be United States District Judge for the Eastern District of Washington
Cloture Motion Agreed to 50/42
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 — Introduced
S.Res. 901: A resolution supporting the goals and principles of Transgender Day of Remembrance by recognizing the epidemic of violence toward transgender people and memorializing the lives lost this year.
Sponsor: Sen. Mazie Hirono [D-HI]
This resolution was referred to the Senate Committee on the Judiciary which will consider it before sending it to the Senate floor for consideration.
Sen. Mazie Hirono [D-HI] is a member of the committee.
Nov 20, 2024 10:57 a.m. — Vote
On the Nomination PN1573: Rebecca L. Pennell, of Washington, to be United States District Judge for the Eastern District of Washington
Nomination Confirmed 50/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 12:03 p.m. — Vote
Motion to Invoke Cloture: Amir H. Ali to be U.S. District Judge for the District of Columbia: Amir H. Ali, of the District of Columbia, to be United States District Judge for the District of Columbia
Cloture Motion Agreed to 50/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 2:50 p.m. — Vote
On the Nomination PN1402: Amir H. Ali, of the District of Columbia, to be United States District Judge for the District of Columbia
Nomination Confirmed 50/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 5:12 p.m. — Vote
H.R. 3012: North Korean Human Rights Reauthorization Act of 2023
Passed 335/37
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 20, 2024 5:16 p.m. — Vote
H.R. 8368: Coordinator for Afghan Relocation Efforts Authorization Act of 2024
Passed 334/63
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 20, 2024 5:21 p.m. — Vote
H.Res. 1449: Condemning the global rise of antisemitism and calling upon countries and international bodies to counter antisemitism.
Passed 388/21
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 20, 2024 6:17 p.m. — Vote
On the Motion to Discharge S.J.Res. 111
Motion to Discharge Rejected 18/79
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 7:25 p.m. — Vote
On the Motion to Discharge S.J.Res. 113
Motion to Discharge Rejected 19/78
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 8:17 p.m. — Vote
On the Motion to Discharge S.J.Res. 115
Motion to Discharge Rejected 17/80
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 9:44 p.m. — Vote
Motion to Proceed on S.J.Res. 117: A joint resolution relating to the disapproval of the Presidential report with respect to the indebtedness of the Government of Ukraine.
Motion to Proceed Rejected 37/61
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Nov 20, 2024 10:25 p.m. — Vote
Motion to Invoke Cloture: Sparkle L. Sooknanan to be U.S. District Judge for the District of Columbia: Sparkle L. Sooknanan, of the District of Columbia, to be United States District Judge for the District of Columbia
Cloture Motion Agreed to 51/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 11:24 p.m. — Vote
Motion to Invoke Cloture: Brian Edward Murphy to be U.S. District Judge for the District of Massachusetts: Brian Edward Murphy, of Massachusetts, to be United States District Judge for the District of Massachusetts
Cloture Motion Agreed to 50/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 11:46 p.m. — Vote
Motion to Invoke Cloture: Anne Hwang to be U.S. District Judge for the Central District of California: Anne Hwang, of California, to be United States District Judge for the Central District of California
Cloture Motion Agreed to 51/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 20, 2024 11:57 p.m. — Vote
Motion to Invoke Cloture: Cynthia Valenzuela Dixon to be U.S. District Judge for the Central District of California: Cynthia Valenzuela Dixon, of California, to be United States District Judge for the Central District of California
Cloture Motion Agreed to 50/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 21, 2024 — Passed Senate (House next)
S. 385: A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.
Sponsor: Sen. Brian Schatz [D-HI]
Last Action: Passed Senate without amendment by Voice Vote.
Explanation: This bill passed in the Senate on November 21, 2024 and goes to the House next for consideration.
Nov 21, 2024 — Passed Senate (House next)
S. 1322: Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023
Sponsor: Sen. Brian Schatz [D-HI]
Last Action: Passed Senate with an amendment by Voice Vote.
Explanation: This bill passed in the Senate on November 21, 2024 and goes to the House next for consideration.
Nov 21, 2024 — Introduced
H.Res. 1594: Supporting the goals and ideals of “National Rural Health Day”.
Sponsor: Rep. Jill Tokuda [D-HI2]
This resolution was referred to the House Committee on Energy and Commerce which will consider it before sending it to the House floor for consideration.
6 cosponsors are on that committee.
Nov 21, 2024 — Introduced
H.R. 10206: To support the strengthening of civil society organizations in the Pacific Islands, and for other purposes.
Sponsor: Rep. Ed Case [D-HI1]
This bill was referred to the House Committee on Foreign Affairs which will consider it before sending it to the House floor for consideration.
4 cosponsors are on that committee.
Nov 21, 2024 12:08 a.m. — Vote
Motion to Invoke Cloture: Catherine Henry to be U.S. District Judge for the Eastern District of Pennsylvania.: Catherine Henry, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania
Cloture Motion Agreed to 50/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 21, 2024 10:47 a.m. — Vote
H.R. 9495: Stop Terror-Financing and Tax Penalties on American Hostages Act
Passed 219/184
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Nay
Nov 21, 2024 10:54 a.m. — Vote
H.Res. 915: Urging the Government of Ukraine to review and modify its decision to suspend adoption by foreign nationals with a view to resuming such adoptions, particularly in cases where the mutual concerns of the Governments of Ukraine and of the Unite
Passed 372/6
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Nov 21, 2024 11:02 a.m. — Vote
Motion to Invoke Cloture: Noel Wise to be U.S. District Judge for the Northern District of California: Noel Wise, of California, to be United States District Judge for the Northern District of California
Cloture Motion Agreed to 50/49
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 21, 2024 12:05 p.m. — Vote
Motion to Invoke Cloture: Gail A. Weilheimer to be U.S. District Judge for the Eastern District of Pennsylvania: Gail A. Weilheimer, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania
Cloture Motion Agreed to 51/47
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Nov 21, 2024 1:41 p.m. — Vote
On the Nomination PN2041: Sharad Harshad Desai, of Arizona, to be United States District Judge for the District of Arizona
Nomination Confirmed 82/12
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea