Legislative Update: Major Richard Star Act Reaches 218 Signatures

CWOA Members,

I want to provide an important update regarding the Major Richard Star Act (H.R. 2102/S. 1032) and explain what yesterday’s milestone actually means.

On September 15, the House discharge petition associated with the Major Richard Star Act received its 218th signature, reaching the number required under House rules to move the discharge process forward.

This is a significant accomplishment for the veterans and military organizations that have advocated for this legislation for years. However, reaching 218 signatures does not mean the bill has passed the House, and it certainly does not mean it has become law.

WHAT HAPPENS NEXT IN THE HOUSE

The discharge motion must remain on the House discharge calendar for at least seven legislative days. These are legislative days when the House is in session, not seven calendar days.

Because of the House schedule and the upcoming district work period, the required legislative days will extend into November. Based on the currently published House calendar, mid-to-late November is the timeframe we are watching for the next steps in the discharge process.

Once the required period has elapsed, a Member who signed the petition may announce their intention to offer the discharge motion. The House would then proceed through the additional procedural votes necessary to bring the Major Richard Star Act before the full House.

If the House ultimately passes H.R. 2102, the legislation must then clear the United States Senate.

THE SENATE REMAINS THE LARGEST HURDLE

The Senate does not have a discharge petition comparable to the House procedure.
The Senate companion, S. 1032, has overwhelming bipartisan cosponsorship. However, despite that support, repeated attempts to advance the legislation through unanimous consent have been met with objections.

Earlier this year, Senator Richard Blumenthal attempted not only to pass the legislation by unanimous consent, but also to establish a procedure that would have allowed the Senate to hold a recorded vote requiring 60 affirmative votes for passage. That request was also objected to.

It is important to understand the distinction between these procedural actions and an actual vote on the legislation.

A Senator objecting to unanimous consent does not necessarily establish how that Senator would vote on final passage. It prevents the Senate from using that expedited procedure.

If the legislation proceeds through the Senate's regular process and faces extended debate, supporters would generally need 60 votes to invoke cloture and move toward final consideration. Despite the large number of Senate cosponsors, we have not yet seen those Senators tested through a recorded cloture or final-passage vote.

THE CLOCK IS NOW A MAJOR FACTOR

If the House does not complete action until approximately mid-to-late November, the Senate will have a relatively short year-end legislative window remaining.

The Senate is currently scheduled to be away during Thanksgiving week and return November 30, with legislative business scheduled through December 18.

Most importantly, the Senate does not have to formally vote against the Major Richard Star Act for the legislation to fail this Congress. If Congress reaches the end of the 119th Congress without the House and Senate passing identical legislation and sending it to the President, the legislation expires and would have to begin the legislative process again in the next Congress.

That is why reaching 218 signatures should be viewed for what it is: an important milestone, but not the finish line.

The discharge petition has created a path for the House to consider this legislation. The next several weeks should also provide greater clarity about where Members of Congress stand when procedural and final-passage votes are actually placed before them.

The CWOA will continue monitoring this legislation closely and advocating for our members, military retirees, combat-injured veterans, and their families.

As developments occur in the House and Senate, we will continue providing our membership with factual updates on where the legislation stands and what actions remain necessary.

Very Respectfully,

CWO4 Mark Cortor, USCG (Retired)
CWOA Vice President of Retired Affairs