Back in Business
by Amy West GovTrack.us, Sept. 5, 2025
Ongoing Business
Rep. Massie's (R-KY4) discharge petition to force a vote on releasing all of the Department of Justice's files on Jeffrey Epstein now has 215 co-sponsors. It needs 218. Only three other Republicans have signed on and they can always remove their names if they think it's in their interest. There's no time limit on gathering co-sponsors for a discharge petition, so now it's just a question of whether Republican voters remain interested enough in the topic to force any of their representatives to sign on or whether the Administration succeeds in preventing any more Republicans from signing on.
Senate Votes
There were two procedural votes on the Senate's version of the S. 2296: National Defense Authorization Act for Fiscal Year 2026 (aka NDAA). Because we were asked about "the filibuster" for our August Mailbag and we elided some detail, this is a good and short opportunity to show the detail in action.
This bill is nowhere near becoming law. The actual bill has yet to be voted on in the Senate and there's a competing version in the House (also not yet voted on). These votes were just moving along the process to get to the vote on the bill.
Vote 1 on Sept. 2: "Motion to Invoke Cloture: Motion to Proceed to S. 2296". Because this was a cloture vote, it required 60 votes in support to pass, which it got easily with 84-14. A yes vote meant "yes, I would like to end debate on whether we will move to the motion to proceed". Successful cloture votes have a practical effect of a two business day wait for the next vote in the process. You can read much more about it from the Congressional Research Service.
Vote 2 on Sept. 4: "Motion to Proceed on S. 2296: National Defense Authorization Act for Fiscal Year 2026". This vote required only a simple majority, which it exceeded significantly: 83-13. A yes vote in this case meant "yes, I would like to proceed to debate".
Of these two, Vote 1 was a filibuster vote because it required a 3/5ths majority or 60 votes to pass.
What's next for the Senate's FY26 NDAA? Very probably a cloture vote on the bill itself, so another round of 60 votes required, at least a two day wait and then a vote on the bill itself which will need only a simple majority. There may well be lots more interim procedural votes too. It depends on how much negotiation is needed to get to a final product the chamber is willing to vote on. But they will likely follow the same pattern: a higher passage threshold to get going on {X} and a lower passage threshold to pass {X}.
House Votes
These bills are not near passage. Having passed the House, they would need to pass the Senate in identical form. The ones repealing Biden Administration regulations may get through the Senate fairly soon based on the Senate's actions on previous similar bills, but there's no timeline for the rest.
H.R. 747: Stop Chinese Fentanyl Act of 2025, which would place sanctions on Chinese producers of fentanyl and , passed 407-4
H.R. 4216: Made-in-America Defense Act, which would, according to Quiver Quantitative, streamline and enhance the process for selling defense articles and services to foreign entities, passed 395-20
H.R. 4553: Energy and Water Development and Related Agencies Appropriations Act, 2026 passed 214-213
H.J.Res. 105 "Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “North Dakota Field Office Record of Decision and Approved Resource Management Plan”' passed 215-211
H.J.Res. 106 "Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “Central Yukon Record of Decision and Approved Resource Management Plan”" passed 215-210
H.J.Res. 104 "Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “Miles City Field Office Record of Decision and Approved Resource Management Plan Amendment”" passed 211-208
Notable Failure
Normally we don't cover bills/resolutions that don't pass. However, as the use of censure has become much more frequent in the last few years, we were surprised to see that the attempt to censure Rep. McIver (D-NJ10) failed this week thanks to support for a motion to table (aka kill) the censure resolution from a small number of Republicans.
Rep. McIver has been charged with assaulting law enforcement when ICE officers attempted to arrest the Mayor of Newark after three members of Congress had inspected an ICE facility in Newark and the members of Congress attempted to prevent ICE from doing so. The mayor was briefly detained and then released. The other Congress members were neither detained nor charged. Only McIver was charged. Her case has yet to be resolved.
Then, Rep. Higgins (R-LA3) introduced a resolution censuring McIver for being charged with assault and thus "not reflecting creditably on the House". According to Axios, Republicans voting for the motion to table included members of the Ethics Committee. The Ethics Committee, as is required whenever a member is indicted, has an open investigation into the incident.
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Hawaii Congressional Delegation
Sept. 2, 2025, 5:27 p.m. — Vote
Motion to Invoke Cloture: Motion to Proceed to S. 2296
Cloture on the Motion to Proceed Agreed to 84/14
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Nay
Sept. 2, 2025, 6:56 p.m. — Vote
H.R. 4216: Made-in-America Defense Act
Passed 395/20
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Sept. 2, 2025, 7:03 p.m. — Vote
H.R. 747: Stop Chinese Fentanyl Act of 2025
Passed 407/4
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Sept. 3, 2025, 1:57 p.m. — Vote
On Ordering the Previous Question: H.Res. 672: Providing for consideration of the bill (H.R. 4553) making appropriations for energy and …
Passed 212/209
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Sept. 3, 2025, 2:05 p.m. — Vote
H.Res. 672: Providing for consideration of the bill (H.R. 4553) making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2026, and for other purposes; providing for consideration of the joint re
Passed 212/208
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 2:18 p.m. — Vote
On Motion to Table: H.Res. 539: Censuring Representative LaMonica McIver and removing her from the Committee on Homeland Security.
Passed 215/207
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Sept. 3, 2025, 9:26 p.m. — Vote
H.J.Res. 104: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “Miles City Field Office Record of Decision and Approved Resource Management Plan Ame
Passed 211/208
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Sept. 3, 2025, 9:32 p.m. — Vote
H.J.Res. 106: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “Central Yukon Record of Decision and Approved Resource Management Plan”.
Passed 215/210
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Sept. 3, 2025, 9:39 p.m. — Vote
H.J.Res. 105: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “North Dakota Field Office Record of Decision and Approved Resource Management Plan”.
Passed 215/211
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Sept. 3, 2025, 9:45 p.m. — Vote
H.Amdt. 66 (Perry) to H.R. 4553: To prohibit the use of funds for the Delaware River Basin "Commission to implement or enforce the final rule entitled, Comprehensive Plan and Special Regulations With Respect to High Volume Hydraulic Fracturing; Rules of
Failed 195/235
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 9:48 p.m. — Vote
H.Amdt. 67 (Perry) to H.R. 4553: To prohibit funding for the Delaware River Basin Commission.
Failed 143/285
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 9:51 p.m. — Vote
H.Amdt. 68 (Perry) to H.R. 4553: To eliminate funding for ARPA-E and transfers funds to the SRA.
Failed 77/347
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 9:54 p.m. — Vote
H.Amdt. 69 (Perry) to H.R. 4553: To eliminate funding for the Advanced Technology Vehicles Manufacturing Loan Program and transfers to the SRA.
Failed 140/286
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 9:57 p.m. — Vote
H.Amdt. 70 (Perry) to H.R. 4553: An amendment numbered 27 printed House Report 119-232 to eliminate funding for the Title 17 loan program and transfer to the Spending Reduction Account.
Failed 120/306
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 10 p.m. — Vote
H.Amdt. 71 (Perry) to H.R. 4553: An amendment numbered 28 printed House Report 119-232 to reduce funding for the Northern Border Regional Commission and transfer to the Spending Reduction Account.
Failed 124/303
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 10:05 p.m. — Vote
H.Amdt. 72 (Perry) to H.R. 4553: An amendment numbered 29 printed House Report 119-232 to reduce funding for the Southwest Border Regional Commission and transfer to the Spending Reduction Account.
Failed 127/299
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 3, 2025, 10:09 p.m. — Vote
H.Amdt. 73 (Perry) to H.R. 4553: An amendment numbered 30 printed House Report 119-232 to reduce funding for the Southeast Crescent Regional Commission and transfer to the Spending Reduction Account.
Failed 120/307
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 4, 2025 — Introduced
H.R. 5164: To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to eliminate the prohibition on indirect costs with respect to aquaculture assistance, and for other purposes.
Sponsor: Rep. Jill Tokuda [D-HI2]
This bill was referred to the House Committee on Agriculture which will consider it before sending it to the House floor for consideration.
Rep. Jill Tokuda [D-HI2] is a member of the committee.
Sept. 4, 2025, 10:21 a.m. — Vote
H.Amdt. 74 (Perry) to H.R. 4553: To reduce funding for the Great Lakes Authority and transfer to the SRA.
Failed 120/302
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 4, 2025, 10:28 a.m. — Vote
H.Amdt. 75 (Perry) to H.R. 4553: To strike all funding for the Office of Energy Efficiency and Renewable Energy.
Failed 127/297
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 4, 2025, 10:33 a.m. — Vote
H.Amdt. 76 (Schweikert) to H.R. 4553: To revise appropriations to reduce unobligated funds from top-line accounts totaling $37,353,345,385.09.
Failed 76/351
Rep. Case [D-HI1]: No
Rep. Tokuda [D-HI2]: No
Sept. 4, 2025, 10:43 a.m. — Vote
On Motion to Recommit: H.R. 4553: Energy and Water Development and Related Agencies Appropriations Act, 2026
Failed 209/218
Rep. Case [D-HI1]: Yea
Rep. Tokuda [D-HI2]: Yea
Sept. 4, 2025, 11 a.m. — Vote
H.R. 4553: Energy and Water Development and Related Agencies Appropriations Act, 2026
Passed 214/213
Rep. Case [D-HI1]: Nay
Rep. Tokuda [D-HI2]: Nay
Sept. 4, 2025, 11:31 a.m. — Vote
Motion to Invoke Cloture: Maria A. Lanahan to be U.S. District Judge for the Eastern District of Missouri: Maria A. Lanahan, of Missouri, to be United States District Judge for the Eastern District of Missouri
Cloture Motion Agreed to 53/45
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Sept. 4, 2025, 12:16 p.m. — Vote
Motion to Invoke Cloture: Edward L. Artau to be U.S. District Judge for the Southern District of Florida: Edward L. Artau, of Florida, to be United States District Judge for the Southern District of Florida
Cloture Motion Agreed to 53/46
Sen. Hirono [D-HI]: Nay
Sen. Schatz [D-HI]: Nay
Sept. 4, 2025, 1:33 p.m. — Vote
Motion to Proceed on S. 2296: National Defense Authorization Act for Fiscal Year 2026
Motion to Proceed Agreed to 83/13
Sen. Hirono [D-HI]: Yea
Sen. Schatz [D-HI]: Nay