118th Congress Decides it's Done
By Amy West, GovTrack.us, Dec 21, 2024
Ending as it began, this last week of the 118th Congress was filled with needless and self-created drama. The absolute bare minimum was accomplished with respect to funding and a few other items will become law as well.
Old Business
The Gaetz report, which was reported as being released "after the final votes of the 118th Congress" has yet to be released. To be fair, none of the sources said when after the final votes it would happen. Since there's never been any official record that the committee voted to do the release, we're still skeptical that it will see the light of day. As advocates of government transparency, we'll be happy to be proven wrong.
National Defense Authorization Act
H.R. 5009: Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 passed the Senate on Wednesday by 85-14. This time there were more votes against it than usual because, while it contained lots of broadly favored provisions like a service member salary increase, it also included a last minute poison pill for some Democrats from Speaker Johnson that prohibits gender affirming care for children of service members. Next it goes to the President to sign.
Stop Institutional Child Abuse Act
S. 1351: Stop Institutional Child Abuse Act passed the house on Wednesday 373-33. This bill aims to prevent abuse of children at residential centers. It was successfully championed by Paris Hilton who experienced abuse a such a center. Next it goes to the President to sign.
Social Security Fairness Act
H.R. 82, about which we wrote a few weeks ago, passed the Senate last night 76-20. This bill, which goes to the President for signing next, will increase Social Security benefits for about 3 million people.
Government Funding
The good news is that the government did in fact get funded. How did it happen?
Note: when there's fast moving legislative activity, the place to find various versions is on the House website on the Bills to be Considered page.
Version 1 - released early in the week, this bill represented a negotiated bill between Republicans and Democrats given that Republicans have been largely unable to pass spending bills in the 118th Congress without Democratic support. Many Republican members complained as expected. Unexpected was the House GOP doing the bidding of Elon Musk who went on a misinformation tear on X. Musk holds no position in government, appointed or elected. House Republicans decided that he should determine the bill's contents anyway.
Version 2 - released on Thursday was smaller in page numbers - 1,547 down to 117 - but still contained all of the primary spending: the continuing resolution, disaster aid and an extension of the farm bill. It also contained an additional provision lifting the debt limit for two years that was demanded by President-elect Trump after Musk's demand for the destruction of Version 1. The problem this version faced is that, generally, the primary supporters of the debt limit are Republicans. So Trump was demanding that Republicans vote for something they usually oppose. CBS provides an explanation of the debt limit here and Trump's probable reason for demanding it be increased. Given that with this bill, Speaker Johnson abandoned the deal he negotiated with Democrats and that Republican fiscal conservatives hate the idea of lifting the debt limit, this bill did not pass.
Version 3 was 1 to 2 pages longer than Version 2, but it did not include the provision lifting the debt limit. That means that the House did do what Elon Musk wanted, but not what President-elect Trump wanted. This version was released on Friday, about 12 hours from the official point of shutdown. Version 3 passed the House 366-34 and the Senate 85-11.
Last Minute Senate Action
Many House Republicans objected to Version 1 because it contained provisions they didn't like. It's typical for legislators to refer to any spending they don't like as "pork" e.g. inherently unjustified or wasteful. But this isn't an objective concept. Plenty of people, especially those who have to drive on it might consider funding for the repair of the Francis Scott Key Bridge, part of the interstate system that goes through Baltimore, as justified, but it got dumped anyway. Similarly, parents of children with cancer probably weren't thrilled that an existing research funding program in need of reauthorization got removed.
While the Senate didn't do a lot to address the removed provisions, they did pass by unanimous consent two items that had already been passed by the House earlier in the year.
H.R. 3391: Gabriella Miller Kids First Research Act 2.0 is a standalone version of the pediatric cancer provisions removed from Version 1 of the continuing resolution. This reauthorization is for a shorter period of time and apparently for less money. But the program has been reauthorized. There were several other provisions related to pediatric cancer that were not. Perhaps they'll get passed in the 119th.
H.R. 4984: D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act passed the House in February but sat undealt with by the Senate. Last night they passed it by unanimous consent. This was one of Musk's more glaring instances of misinformation. He reposted some random user falsely claiming that the land transfer was in fact a gift of billions of dollars for a stadium. It was not. It was just a land transfer. So the Senate passed it.
Why didn't the Senate Just Pass These Bills Before
Good question!
One, the Senate rules mean that their process is much slower than that of the House. Even if they tried, they couldn't keep up with the volume of bills that get passed in the House. But, also they have other duties such as approving nominations for executive and judicial posts. Most of the floor time in the Senate is spent on nominations to the judiciary.
Two, if you hold off on a bill like the original version of the Kids First Research Act, the provisions included in a later, must-pass bill like a continuing resolution might be better. What was removed from the continuing resolution reauthorized the program through 2031 rather than 2028.
Three, must-pass bills can be a workaround for the difference in speed between the two chambers. By bundling a lot of standalone bills into a larger piece of legislation, more bills become law. This is not a purely partisan thing either - the stadium transfer bill was sponsored by Rep. James Comer (R-KY1).
Now What?
This was the end of the 118th Congress. The members elected this past November will arrive for the first time or return on January 3rd, 2025 when the 118th will be officially adjourned and the 119th will officially start.
First order of business will be electing a Speaker. Republicans will have a smaller majority that day than they do now and there's a lot of anger right now over how this past week went. It's possible, although not clear if it's probable, that there'll be another protracted speaker election. Nothing can happen in the House until the Speaker is selected which usually motivates members to pick someone quickly. Perhaps, after a little time off, tempers will have cooled and Johnson will be quickly elected. We'll all get to find out together!
If you'll have time off in the next few weeks or celebrate a holiday during this period, we hope you enjoy yourself. See you next Congress.
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Hawaii Congressional Delegation
Dec 20, 2024 3:28 p.m. — Vote
Motion to Invoke Cloture: Serena Raquel Murillo to be U.S. District Judge for the Central District of California: Serena Raquel Murillo, of California, to be United States District Judge for the Central District of California
Cloture Motion Agreed to 49/47
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 20, 2024 5:59 p.m. — Vote
H.R. 10545: American Relief Act, 2025
Passed 366/34
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Dec 20, 2024 6:10 p.m. — Vote
On the Nomination PN2245: Serena Raquel Murillo, of California, to be United States District Judge for the Central District of California
Nomination Confirmed 49/47
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 20, 2024 10:27 p.m. — Vote
S.Amdt. 3346 (Paul) to H.R. 82: To adjust the normal and early retirement ages for Social Security benefits and increase the maximum age for delayed retirement credits.
Amendment Rejected 3/93
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Dec 20, 2024 11:13 p.m. — Vote
S.Amdt. 3352 (Paul) to H.R. 82: To provide for automatic continuing resolutions.
Amendment Rejected 28/67
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Dec 20, 2024 11:28 p.m. — Vote
S.Amdt. 3360 (Cruz) to H.R. 82: In the nature of a substitute.
Amendment Rejected 32/64
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Dec 20, 2024 11:39 p.m. — Vote
S.Amdt. 3331 (Crapo) to H.R. 82: To delay the repeal of the Government pension offset and windfall elimination provisions until additional changes are made to offset any negative impacts on the actuarial balance of the Social Security Trust Funds.
Amendment Rejected 34/62
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Dec 20, 2024 11:52 p.m. — Vote
On the Motion (Motion to Waive All Applicable Budgetary Discipline Re: H.R. 82)
Motion Agreed to 66/30
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 21, 2024 — Bill Text
H.R. 8909: To designate the facility of the United States Postal Service located at 82-6110 Mamalahoa Highway in Captain Cook, Hawaii, as the “Army 1st Lt. John Kuulei Kauhaihao Post Office Building”.
This bill’s text for status Passed Congress (Dec 21, 2024) is now available.
Rep. Jill Tokuda [D-HI2] is the sponsor of this bill.
Dec 21, 2024 12:04 a.m. — Vote
H.R. 82: Social Security Fairness Act of 2023
Bill Passed 76/20
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 21, 2024 12:23 a.m. — Vote
H.R. 10545: American Relief Act, 2025
Bill Passed 85/11
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
* * * * *
A Sort of Progress (Dec 13, 2024)
by Amy West, GovTrack.us
While Congress still hasn't passed a continuing resolution to keep the government open past Dec. 20 (aka next Friday), they did pass some bills this week with at least one becoming law.
Old Business: Tax Relief becomes law
H.R. 5863: Federal Disaster Tax Relief Act of 2023 As noted by Craig Caplan on X, this bill which passed the House in May, passed the Senate by voice vote last week. Yesterday, Dec. 12, President Biden signed it.
CBO Report Updates
H.R. 9716: Increasing Baseline Updates Act passed 407-0. Each year, the Congressional Budget Office provides to Congress what is called a "baseline". As described in this letter in support of the bill by the R Street Institute,
CBO’s annual baseline, a ten-year projection of the budget and economy based largely on current law, is generally published in January or February. It serves as a fundamental benchmark for evaluating the fiscal impact of legislative proposals, with updates released in the spring and late summer to reflect changes in enacted laws and economic conditions.
R Street further writes that
This legislation would enhance the ability of the Congressional Budget Office (CBO) to produce and update its annual budget baseline by mandating that the executive branch provide critical data to CBO by February 1. H.R. 9716 also requires CBO to produce at least two updates to its baseline each year.
The bill still has to pass the Senate.
Federal Building Security
S. 3613: Improving Federal Building Security Act of 2024 passed 410-6. According to the Congressional Budget Office:
S. 3613 would require the facility security committee of each federal building to respond to security recommendations from the Federal Protective Service (FPS) within 90 days. ... S. 3613 would require the FPS to monitor its recommendations and the responses it receives and annually report that information to the Congress. The bill also would require the FPS to report to the Congress within 180 days of enactment on the surveillance technology it recommends be used at federal facilities. Additionally, the Government Accountability Office would need to report to the Congress within five years of enactment on the effectiveness of the bill. The bill’s requirements would sunset five years after enactment.
It goes to the President next for signing.
General Security Legislation Against China
H.R. 9668: SHIELD Against CCP Act passed 409-4. The bill would, according to its sponsor, "establish in the Department of Homeland Security a working group relating to countering terrorist, cybersecurity, border and port security, and transportation security threats posed to the United States by the Chinese Communist Party."
Water Resources Development Act
S. 4367: Thomas R. Carper Water Resources Development Act of 2024 passed 399-18. This bill covers everything related to rivers and harbors in the United States and typically more. This year's bill includes a section on federal buildings and another on regional commissions. It's too huge to usefully summarize, so we recommend you check out the table of contents at the very least.
Because the House made changes, the Senate will have to vote on it again next week. According to Craig Caplan on X, "Senate reached agreement before adjourning for tonight and the week to vote on the House-passed WRDA bill next week with 60 votes needed vote passage."
National Defense Authorization Act Eliminates Care for Trans Minors
H.R. 5009: Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 passed 281-140.
You may notice that the description under the title on this bill page has nothing to do with defense. That's because the text of another bill midway through the legislative process was replaced in full with the text relating to national defense.
This bill took a tremendous amount of negotiation to get to a votable state. At the last minute, as reported by the Washington Post, Speaker Johnson added a provision banning medical care for trans minors.
As reported by the Washington Post, no one knows exactly how many service members' families will be affected, nor is it clear which kinds of care are excluded since the provision bans care that "leads to sterilization" and there's no consensus that any care for trans minors leads to sterilization. Estimates suggest this is a small group of people. Given its small size, eliminating care is not about cost savings.
While many Democrats said they were opposed to the provision banning care for trans minors, many still voted for the bill. Among other things, it includes a 14% pay raise for service members.
The bill goes to the Senate next week. According to Craig Caplan on X, there will be a vote to end debate (and therefore move to a vote on the bill itself) on Monday. Further, Majority Leader Schumer set up a structure that prevents amendments to the bill. For anyone with strong feelings on this topic, now is your last chance to contact your Senators before the vote. The bill will most likely pass as enough Democrats may decide that eliminating care for trans minors doesn't outweigh the bill's many other provisions.
Adding Judges
S. 4199: JUDGES Act of 2024 passed 236-173. This bill, as reported by NBC News
was specifically designed to be nonpartisan and would be the first major expansion of judgeships since 1990.
While it would allow President-elect Trump to add 25 new judges, the remaining 41 judges would added by subsequent presidents. Democrats, including President Biden, became opposed to the bill after this past election. President Biden currently says he'll veto it. Whether its support is strong enough to override the veto in the remaining weeks of this Congress is unclear. However, veto overrides almost always fail, so probably not.
If it is vetoed, it can always be re-introduced in the 119th Congress.
See you all next week when, hopefully, we'll be recapping the passage of a government funding bill.
View this post on the web. Send us an email with your questions about this post.
Hawaii Congressional Delegation
Dec 5, 2024 — Bill Text
H.R. 8909: To designate the facility of the United States Postal Service located at 82-6110 Mamalahoa Highway in Captain Cook, Hawaii, as the “Army 1st Lt. John Kuulei Kauhaihao Post Office Building”.
This bill’s text for status Referred to Senate Committee (Dec 5, 2024) is now available.
Rep. Jill Tokuda [D-HI2] is the sponsor of this bill.
Dec 9, 2024 5:22 p.m. — Vote
On the Nomination PN2016: Tiffany Rene Johnson, of Georgia, to be United States District Judge for the Northern District of Georgia
Nomination Confirmed 48/44
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 10, 2024 — Introduced
S. 5469: A bill to direct the Secretary of the Interior to establish a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers to respond to the effects of extreme weather events and climate trends, and for other purpos
Sponsor: Sen. Mazie Hirono [D-HI]
This bill was referred to the Senate Committee on Environment and Public Works which will consider it before sending it to the Senate floor for consideration.
2 cosponsors are on that committee.
Dec 10, 2024 11:30 a.m. — Vote
On the Nomination PN2017: Keli Marie Neary, of Pennsylvania, to be United States District Judge for the Middle District of Pennsylvania
Nomination Confirmed 49/48
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 10, 2024 2:02 p.m. — Vote
S. 4367: Thomas R. Carper Water Resources Development Act of 2024
Passed 399/18
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Dec 10, 2024 2:08 p.m. — Vote
On Ordering the Previous Question: H.Res. 1612: Providing for consideration of the bill (H.R. 7673) to prohibit the Secretary of …
Passed 210/205
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Dec 10, 2024 2:14 p.m. — Vote
H.Res. 1612: Providing for consideration of the bill (H.R. 7673) to prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for clothes washers that are not cost-effective or technologically feasible, and for other pu
Passed 211/207
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Dec 10, 2024 2:21 p.m. — Vote
S. 3613: Improving Federal Building Security Act of 2024
Passed 410/6
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Dec 10, 2024 3:37 p.m. — Vote
On the Nomination PN1650: Cynthia Valenzuela Dixon, of California, to be United States District Judge for the Central District of California
Nomination Confirmed 49/47
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 10, 2024 5 p.m. — Vote
H.R. 7673: Liberty in Laundry Act
Passed 215/200
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Dec 10, 2024 5:07 p.m. — Vote
H.R. 9668: SHIELD Against CCP Act
Passed 409/4
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Dec 11, 2024 — Introduced
S. 5480: A bill to repeal the debt ceiling, and for other purposes.
Sponsor: Sen. Brian Schatz [D-HI]
This bill was referred to the Senate Committee on Finance which will consider it before sending it to the Senate floor for consideration.
3 cosponsors are on that committee.
Dec 11, 2024 12:10 p.m. — Vote
Motion to Invoke Cloture: Lauren McGarity McFerran to be a Member of the National Labor Relations Board: Lauren McGarity McFerran, of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring December 16, 2029
Cloture Motion Rejected 49/50
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 11, 2024 4:26 p.m. — Vote
H.R. 9716: Increasing Baseline Updates Act
Passed 407/0
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Dec 11, 2024 4:36 p.m. — Vote
H.R. 5009: Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
Passed 281/140
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Nay
Dec 11, 2024 5:20 p.m. — Vote
On the Nomination PN1827: Noel Wise, of California, to be United States District Judge for the Northern District of California
Nomination Confirmed 50/47
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 12, 2024 — Introduced
S.J.Res. 121: A joint resolution proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.
Sponsor: Sen. Brian Schatz [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.
Dec 12, 2024 10:29 a.m. — Vote
S. 4199: JUDGES Act of 2024
Passed 236/173
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Nay
Dec 12, 2024 11:27 a.m. — Vote
Motion to Invoke Cloture: Matthew James Marzano to be a Member of the Nuclear Regulatory Commission: Matthew James Marzano, of Illinois, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2028
Cloture Motion Agreed to 50/46
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea
Dec 12, 2024 1:51 p.m. — Vote
On the Nomination PN1980: Matthew James Marzano, of Illinois, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2028
Nomination Confirmed 50/45
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Yea