Bennet, Udall, and Perlmutter Watch 5-13-13: Recent Votes

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Recent Senate Votes

Internet Sales Tax – Final Passage – Vote Passed (69-27, 4 Not Voting) Last week the Senate completed action on bipartisan but controversial Internet sales tax legislation. More than two-thirds of senators (all but five Democrats and about half of Republicans) agreed that states should be allowed to require online firms to collect the same sales taxes as their domiciled brick-and-mortar businesses. States would be required to provide free tax-calculation software to affected businesses. Firms with gross annual receipts of $1 million or less would be exempted from the new requirements. Prior to final passage the Senate adopted an amendment from Wyoming Republican Mike Enzi, one of the measure’s co-sponsors, which would extend the implementation timeline from three to six months and specify that requirements for filing returns and making tax payments must be the same for online and offline firms. President Obama supports S. 743, but House Speaker John Boehner and Judiciary Chairman Bob Goodlatte, R-Va., have both expressed skepticism toward the legislation. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES Water Infrastructure Projects – Amendment Vote – Vote Rejected (56-43, 1 Not Voting) After passing the Internet sales tax bill, the Senate moved on to the Water Resources Development Act (WRDA), a catch-all piece of legislation usually passed every five years dealing with everything from dams and levees to port dredging. Traditionally one of the biggest magnets for pork barrel projects, this version of WRDA is the first since both chambers of Congress adopted earmark moratoria. Similar to last year’s highway bill, WRDA makes various changes to existing law in order to speed up project approval, including the imposition of financial penalties on tardy agencies. The bill also attempts to capture a larger share of the revenue that accrues to the Harbor Maintenance Trust Fund each year for actual harbor maintenance – a seemingly novel concept, yet one that Senate appropriators initially objected to, as they have grown accustomed to diverting much of the trust fund’s receipts to unrelated accounts. Several amendments were voted on last week, including this one from Oklahoma Republican Tom Coburn that would enable individuals to bring guns on to Army Corps of Engineers-administered water projects. The amendment failed due to a 60-vote requirement. At week’s end the legislation had stalled over Louisiana Democrat Mary Landrieu’s insistence on a vote for her amendment that would prevent a rise in flood insurance premiums. Though a cloture vote is currently scheduled for May 14, it appears that there is some agreement on a vote for the Landrieu amendment. The White House leveled several criticisms of the bill in its policy statement , though a manager’s amendment from Barbara Boxer and David Vitter, the chair and ranking Republican on the Environment and Public Works Committee, may have addressed some of these issues. Sen. Mark Udall voted NO Sen. Michael Bennet voted NO

Recent House Votes

Private Sector Comp Time – Final Passage – Vote Passed (223-204, 5 Not Voting) The House passed a measure last week to allow private sector employers to provide comp time to their workers in lieu of overtime pay. Under current law, such an arrangement exists for most workers in the public sector and a few in the private sector. Republicans classified the measure as providing flexibility to both employers and employees, while Democrats and their allies in the labor movement suspect an attempt to weaken workers’ rights. In particular, they claim that there is no guarantee an individual will receive time off when he desires it and that employers could put pressure on workers to accept comp time instead of overtime. The White House seems to agree with these critiques, as it has threatened to veto the bill. Rep. Ed Perlmutter voted NO Debt Payment Prioritization – Final Passage – Vote Passed (221-207, 4 Not Voting) In its final action of the week, the House took another foray into debt limit politics. The “Full Faith and Credit Act” would mandate that in the event of the government hitting the debt limit, the Treasury Secretary would prioritize payment to holders of government debt and to Social Security recipients above all other obligations. These payments would in fact be exempt from the debt limit, such that the government could theoretically continue functioning, if only in order to issue Social Security checks and service the debt. No Democrats backed the measure, and the administration has threatened a veto. Rep. Ed Perlmutter voted NO

Upcoming Votes

Water Resources Development Act of 2013 – S.601 The Senate will continue debating the water infrastructure bill this week. If no agreement on amendments is reached beforehand, a cloture vote on the measure will take place May 14. Nominations - The Senate may vote on the nominations of Ernest Moniz for Energy secretary and Marilyn Tavenner to oversee the Centers for Medicare and Medicaid Services, which manages the two health care programs. To repeal the Patient Protection and Affordable Care Act and health care-related provisions in the Health Care and Education Reconciliation Act of 2010 – H.R.45 The House is scheduled to vote on a bill to repeal “Obamacare.” Curiously the bill as currently written appears not to repeal the Independent Payment Advisory Board, a body created by the law to make binding recommendations on Medicare cuts, which congressional Republicans have previously targeted individually for repeal. SEC Regulatory Accountability Act – H.R.1062 The House is also scheduled to take up a measure that would amend the charter of the SEC to force the agency to conduct cost-benefit analyses before issuing new regulations.

Bennet, Udall, and Perlmutter Watch 4-29-13: Recent Votes

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Recent Senate Votes

OMB Director – Confirmation – Vote Confirmed (96-0, 4 Not Voting) Last week, the Senate unanimously confirmed Sylvia Matthews Burwell to be the next director of the Office of Management and Budget (OMB). The office oversees development of the president’s annual budget proposals and oversees the performance of federal agencies. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES Internet Sales Tax – Cloture Motion – Vote Agreed to (63-30, 7 Not Voting) Before leaving for a week-long recess, the Senate also approved a motion to invoke cloture on S. 743, the Marketplace Fairness Act of 2013. S. 743 would allow states to require online retailers to collect sales and use taxes on purchases made by their residents. President Obama supports the measure, saying it would “level the playing field” for brick-and-mortar retailers. The bill is expected to pass when the Senate returns; House action is uncertain. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES

Recent House Votes

High-Risk Insurance Pools – Rule Vote – Vote Passed (225-189, 18 Not Voting) The House was expected to pass a bill to transfer funds from one Obamacare-created program to another last week, but after agreeing to a framework for debating the measure with this vote, Republican leaders concluded they did not have enough votes and pulled it from the floor. H.R. 1549 would transfer approximately $3.6 billion from the Prevention and Public Health Fund, which was created to fund various eponymous initiatives, to the Pre-Existing Condition Insurance Plan, which was created to provide health insurance coverage to individuals who could not obtain such insurance until 2014, when another Obamacare program, the health insurance exchanges, are scheduled to begin operation. President Obama has threatened to veto the bill if and when it does come up again. Rep. Ed Perlmutter voted NO FAA Furloughs – Suspension Vote – Vote Passed (361-41, 30 Not Voting) Responding to rising anger with flight delays around the country, Congress acted with rare celerity to avert further furloughs at the Federal Aviation Administration (FAA). The FAA had been forced to reduce the hours of its air traffic controllers as a result of the sequester. After several days of thousands of passengers experiencing delays (and presumably well aware that they would hear about it from constituents during the recess), the Senate passed a bill (S. 853) by unanimous consent allowing FAA to transfer up to $253 million to “prevent reduced operations and staffing.” Because the bill could be seen as a spending measure (though it spends no new funds), Majority Leader Harry Reid, D-Nev. secured unanimous consent that a House-passed bill with identical text to S. 853 would automatically pass the Senate as well. The House passed such a bill last Friday; it is expected to clear the Senate when that body meets in pro forma session on Tuesday, April 30. The White House stated last week that the President will sign the bill when it reaches his desk. Rep. Ed Perlmutter voted YES Federal Helium Sales – Suspension Vote – Vote Passed (394-1, 37 Not Voting) In its final action of the week, the House passed a bill creating a framework for winding down operation of the Federal Helium Reserve. Under current law, the Reserve is mandated to cease commercial helium sales once it pays off its debt, which is expected to occur by October 2013. According to the House Natural Resources committee, the scheduled closure would cut domestic helium supplies in half. H.R. 527 would keep the reserve open with new operating instructions until its capacity is 3 billion cubic feet (down from 10 billion cubic feet at present), at which time commercial sales will no longer be authorized and remaining supplies will only be available for national security and scientific needs. Neither the administration nor Senate leaders have staked out positions on the measure. Rep. Ed Perlmutter voted YES

Bennet, Udall, and Perlmutter Watch 4-23-13: Recent Votes

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Recent Senate Votes

Firearms Legislation – Concealed-Carry Reciprocity Amendment – Vote Rejected (57-43) This proposal from Minority Whip John Cornyn of Texas would allow someone with a permit to carry a concealed weapon the right to carry it in any state which has a concealed-carry law. The amendment states that permit holders from other states must abide by the laws of states in which they are located, though it would prohibit states from placing restrictions on individuals with out-of-state permits, treating such individuals as if they carried an “unrestricted” permit. The remainder of the failed amendments included proposals to reinstate and expand a ban on so-called assault weapons; to ban ammunition magazines holding more than ten rounds; and to prevent veterans from being deemed “mental defectives” – thus losing their ability to own firearms – without a court decision. Two amendments did pass muster. The first, offered by Wyoming Republican John Barrasso, would penalize states and localities for publicizing gun ownership data. The second, from HELP committee leaders Tom Harkin, D-Iowa and Mike Enzi, R-Wyo., would overhaul the nation’s mental health system. (Roll Calls 100-105) Sen. Mark Udall voted YES Sen. Michael Bennet voted NO Firearms Legislation – Background Checks Amendment – Vote Rejected (54-46) The Senate voted on a flurry of amendments to the first major legislative response to last December’s massacre in Newtown, CT. In a sign of the difficulty facing proponents of stronger gun laws, most of the amendments were defeated, beginning with a proposal by pro-gun senators Joe Manchin, D-W.Va. and Pat Toomey, R-Pa. to strengthen background checks. The Toomey-Manchin amendment would have expanded the current system to include all sales at gun shows and on the Internet. Though initially hailed as a critical breakthrough, the amendment’s prospects died a slow death in the days leading up to the actual vote, as fence-sitting senators from both parties declared their opposition one by one. Ultimately five Democrats opposed the amendment – Max Baucus of Montana, Mark Begich of Alaska, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, and Majority Leader Harry Reid of Nevada. (Reid voted “no” for procedural reasons which would allow him to call up the amendment for a vote at a later date.) Baucus, Begich and Pryor all face difficult re-elections next year in states that favored Mitt Romney in the 2012 presidential contest. Four Republicans supported the amendment – Susan Collins of Maine, Mark Kirk of Illinois, John McCain of Arizona, and co-sponsor Toomey. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES Firearms Legislation – Republican Substitute Amendment – Vote Rejected (52-48) The second failed amendment was a Republican substitute offered by Judiciary committee ranking member Chuck Grassley of Iowa. Most Republicans have decried Democratic proposals for reducing gun violence as threatening to Americans’ Second Amendment rights and have emphasized in their own proposals a “law and order” approach. This is reflected in the Republican alternative, which would make it a federal crime to purchase guns on behalf of those legally barred from owning them; expand the scope of mental illnesses barring some individuals from owning firearms; and create a special task force focused on attempted firearms purchases by felons and fugitives. Nine Democrats supported the Republican proposal, while two Republicans opposed it. Sen. Mark Udall voted NO Sen. Michael Bennet voted NO Firearms Legislation – Straw Purchases Amendment – Vote Rejected (58-42) Judiciary Chairman Pat Leahy, D-Vt. co-sponsored an amendment that would make it a federal crime to buy guns on behalf of someone legally barred from possessing them, a practice called straw purchasing. The amendment fell just two votes short of adoption. (In a concession to the reality of a likely Republican filibuster, Majority Leader Reid agreed to raise the threshold for adoption of all amendments to 60 votes instead of the usual 51.) Sen. Mark Udall voted YES Sen. Michael Bennet voted YES

Recent House Votes

Cybersecurity Intelligence Sharing – Vote Passed (288-127, 17 Not Voting) The House last week passed a bill to boost intelligence-sharing between federal agencies and private firms. Entities within the departments of Homeland Security and Justice would be designated for receipt of threat information and reporting of crimes from the private sector. It would outline procedures for sharing such information within the federal government and between the federal government, other levels of government and the private sector. Various concessions were made to assuage concerned advocates for privacy rights and civil liberties, including restrictions on the use of information, a sunset clause, and a mandatory report on the legislation’s impact on privacy and civil liberties. Ultimately these groups were not persuaded; neither was the president, who has issued a veto threat. Rep. Ed Perlmutter voted YES

Upcoming Votes

Marketplace Fairness Act of 2013 – S.743 The Senate is scheduled to vote Monday on the question of invoking cloture on the motion to proceed to the Marketplace Fairness Act, which would allow states and localities to require Internet companies to charge sales tax. Helping Sick Americans Now Act – H.R.1549 The House is scheduled to vote this week on a suspension bill that would transfer funds from re-open high-risk insurance pools created by the 2010 health care law. The pools had been closed by the Obama administration due to their unexpectedly high cost. Responsible Helium Administration and Stewardship Act – H.R.527 The House will also vote on a bill setting up a series of auctions to sell of the surplus helium in the Federal Helium Reserve.

Bennet, Udall, and Perlmutter Watch 4-16-13: Recent Votes

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Recent Senate Votes

Interior Secretary Confirmation – Vote Confirmed (87-11, 2 Not Voting) Last week the Senate confirmed Sally Jewell, former CEO of outdoor retailer REI, to be the next secretary of the Department of Interior. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES Gun Control – Cloture Vote – Vote Agreed to (68-31, 1 Not Voting) The Senate also agreed to invoke cloture on the motion to proceed to comprehensive firearms–related legislation that has been in the works since the horrific shooting at Sandy Hook Elementary School in Connecticut last December. Sixteen Republicans agreed to move forward with the bill, while two Democrats facing tough re-election battles next year – Mark Begich of Alaska and Mark Pryor of Arkansas – voted against ending debate. Though it is unclear what shape a final bill will take – or even whether any substantive measure can garner enough support to pass – supporters are hoping to include a strengthened background checks measure sponsored by Joe Manchin of West Virginia and Pat Toomey of Pennsylvania; language strengthening penalties for straw purchasers; and expanded funding for school safety. If a bill does make it out of the Senate, its fate would be even more uncertain in the Republican-controlled House. President Obama issued a statement in support of S. 649. Sen. Mark Udall voted YES Sen. Michael Bennet voted YES

Recent House Votes

Limit on NLRB Activity – Vote Passed (219-209, 4 Not Voting) In January, the United States Court of Appeals for the District of Columbia ruled in Noel Canning v. NLRB that three recess appointments made by President Obama to the National Labor Relations Board were invalid because they did not take place during the court’s definition of a recess. Republican leaders of the House Education and the Workforce Committee called on the Board to “cease all activity” until new nominees could be appointed and confirmed. Last week the full House approved a bill that would mandate such an approach. H.R. 1120 would prevent NLRB from engaging in any activity requiring a quorum of its members – the threshold necessary for issuing legally binding rulings – until such time as the Canning decision is overturned by the Supreme Court or sufficient new members are confirmed to constitute a quorum. The White House condemned the measure and threatened a veto. It is unlikely to see Senate action. Rep. Ed Perlmutter voted NO Hydropower Facility Development – Suspension Vote – Vote Passed (416-7, 8 Not Voting) The House passed a bill last week under suspension of the rules that would streamline the permitting process for small hydropower facilities. The House passed a similar bill last year that was not taken up by the Senate. Rep. Ed Perlmutter voted YES

Upcoming Votes

Safe Communities, Safe Schools Act of 2013 – S.649 The Senate will continue consideration of the gun bill this week. The Manchin-Toomey background check amendment is the next pending action. Cyber Intelligence Sharing and Protection Act (CISPA) – H.R.624 The House will attempt to re-pass legislation originally sent to the Senate last year that would allow private companies to share information with federal intelligence authorities regarding cybersecurity threats.

Bennet, Udall, and Perlmutter Watch 3-25-13: Recent Votes

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Recent Senate Votes

Fiscal 2013 Continuing Appropriations – Passage – Vote Passed (73-26, 1 Not Voting) With a week left to avert a government shutdown, Senators passed a stopgap measure to keep federal funds flowing for the remainder of fiscal 2013. The Senate slightly expanded the spending package included in the original bill the House of Representatives passed on March 6, which only included full appropriations for Defense, Military Construction, and Veterans’ Affairs. Through a last-minute amendment put forth by Appropriations Committee Chairwoman Barbara Mikulski, D-Md., senators added additional spending provisions from three other related bills. The Senate approved Mikulski’s amendment 70-29 (roll call 42), less than an hour before the bill’s final passage roll call vote. All told, the bill appropriated $517.7 billion for the Defense Department, $71.9 billion for veterans programs and military construction projects, $39.6 billion for the Department of Homeland Security, $20.5 billion for the Department of Agriculture and $50.2 billion for commerce, law enforcement and science programs. Spending on all other government programs will remain flat from fiscal 2012 rates. The bill made slight spending cuts from the earlier stopgap spending bill set to expire on March 27 to get federal outlays under the discretionary spending caps of the 2011 debt limit law (PL 112-25). The senate rejected several floor amendments that cut funds from Homeland Security and defense biofuel programs. Senator Kelly Ayotte, R-N.H., relented on consideration for the single-largest spending cut amendment, which would have redirected nearly $381 million in spending for the Army’s Medium Extended Air Defense System. Ayotte’s opposition to the program had held up final consideration of the bill for a week. The bill returned to the House the next day and received a motion to concur to its amended status, passing it to the president’s desk for signing. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio Fiscal 2014 Senate Budget Resolution – Adoption – Vote Agreed to (50-49, 1 Not Voting) Just before 5:00 in the morning on Saturday, the Senate passed its first budget resolution in four years by a single vote. Four Democrats – Max Baucus of Montana, Mark Begich of Alaska, Kay Hagan of North Carolina, and Mark Pryor of Arkansas – voted with Senate Republicans against the measure. Final passage arrived after senators spent 13 hours considering dozens of floor amendments on a huge swath of policy areas. Without any force of law, the nonbinding resolution laid out Senate Democrats’ alternative to the House budget, which passed two days before on a largely party-line vote (roll call 88). The Senate blueprint laid out $975 in new revenue and $975 in spending cuts over 10 years that promised to reduce the budget deficit $1.8 trillion in all. It also included additional economic stimulus and infrastructure investment funds supported by the White House. During floor debate, the Senate rejected a substitute budget put forth by Rand Paul of Kentucky that slashed spending by $9.6 trillion and cut taxes by $2.3 trillion over 10 years (roll call 69). Another Senate conservative firebrand, Texan Ted Cruz, offered unsuccessful amendments to repeal the Affordable Care Act (roll call 51), cut foreign aid to Egypt and build missile defense batteries on the East Coast (roll call 85), and withhold American funds to the United Nations until China rescinded its one-child population control policy (roll call 86). Republicans received Democratic support to pass amendments endorsing the Keystone XL pipeline (roll call 61), eliminating subsidies to the largest banks (roll call 70), and initiating a biennial budget process (roll call 65.) Senate Democrats played amendment tug-of-war, too. New Hampshire’s Jeanne Shaheen successfully introduced an amendment backing women’s family planning and birth control access provided under the Affordable Care Act (roll call 54). Rhode Islander Sheldon Whitehouse’s amendment to create a carbon tax to combat global warming, however, failed (roll call 58). Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio

Recent House Votes

FY 2014 Budget Resolution – Adoption – Vote Passed (220-207, 4 Not Voting) On Thursday of last week, the House agreed to adopt the concurrent resolution introduced a week earlier by sponsor Paul D. Ryan, R-Wis., that would provide $2.769 trillion in new budget authority for FY2014, not including off-budget accounts. It assumed that the spending levels set by the sequester would stay in place and the discretionary savings from the sequester will come from nondefense programs. It also included the repeal of the 2010 health care overhaul and changed Medicare to a “premium support” system starting in 2024. In addition, the resolution called for changes to the tax code, including the consolation of the individual income tax brackets from six to two and the reduction or elimination of some tax credits and deductions. In addition to mapping out government spending levels for FY 2014, the resolution included “appropriate budgetary levels for FY2015-FY2023” that would assume $5.7 trillion in reductions over the next ten years in discretionary and mandatory spending. Prior to adopting H. Con. Res. 25, on Wednesday the House rejected five amendments that would have provided alternative budget plans: the Senate’s Concurrent Resolution from Mick Mulvaney, R-S.C. (Roll Call 83); the Congressional Black Caucus’ preparation from Robert C. Scott, D-Va. (Roll Call 84); the Congressional Progressive Caucus’ substitute from Raul M. Grijalva, D-Ariz. (Roll Call 85); the Republican Study Committee’s idea from Rob Woodall, R-Ga. (Roll Call 86); and the Democratic alternative from Budget Committee Ranking Member Chris Van Hollen, D-Md. (Roll Call 87). 171 Democrats attempted to force Republicans to pass or reject the conservative Woodall plan by voting present. That vote was the closest of any of the five to being approved. Rep. Ed Perlmutter voted NO……send e-mail or see bio FY 2013 Continuing Appropriations – Final Passage – Vote Passed (318-109, 4 Not Voting) At the end of the legislative week, the House agreed to the Senate’s amendments to the bill that would approve the continuing appropriations through FY 2013 including $1.043 trillion in discretionary funds before the sequester. It funds departments and agencies at their FY2012 enacted levels, with adjustments for certain programs. The legislation provides $517.7 billion in base discretionary funding for the Defense Department, $71.9 billion for veterans programs and military construction, $20.5 billion for agriculture programs, $39.6 billion for the Department of Homeland Security and $50.2 billion for commerce, law enforcement and science programs. The legislation is now cleared for the president to sign into law, thus ending the lengthy process of funding government operations for FY2013. Rep. Ed Perlmutter voted NO……send e-mail or see bio

Bennet, Udall, and Perlmutter Watch 3-11-13: Recent Votes

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Recent Senate Votes

Committee Funding Resolution – Amendment Vote – Vote Rejected (44-53, 3 Not Voting) The Senate passed a resolution authorizing funding levels for its standing committees through the remainder of fiscal year 2013. This is normally a non-controversial measure but Kentucky Republican Rand Paul objected to including funding for a body known as the National Security Working Group, essentially a forum for senators to discuss foreign policy and national security. Paul insisted on a vote for his amendment to strip funding from the Working Group. After the amendment was rejected, the resolution was agreed to by voice vote. Sen. Mark Udall voted Not Voting……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio CIA Director Nomination – Confirmation – Vote Confirmed (63-34, 3 Not Voting) The Senate confirmed President Obama’s counterterrorism advisor John Brennan to be the next director of the CIA last week. Brennan looked to be on a glide path to confirmation until Kentucky Republican Rand Paul staged an unexpected “talking” filibuster that stretched over 13 hours. Paul stated that he was holding up Brennan’s nomination because he had not received adequate assurances from the administration that the president did not have authority to target American citizens on American soil with drone strikes if they were not an “imminent threat.” During the course of the filibuster Attorney General Eric H. Holder, Jr. released a brief letter to Paul stating that the president does not have the authority “to use a weaponized drone to kill an American not engaged in combat on American soil.” This appeared to satisfy Paul, who yielded the floor after midnight on March 7. Following a successful cloture motion later that afternoon (Roll Call 31), Brennan was confirmed with a solid bipartisan majority. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio

Recent House Votes

Disaster Response and Preparedness – Suspension – Vote Passed (370-28, 33 Not Voting) The House cleared a bill under suspension last week reauthorizing various measures meant to strengthen preparation and response to pandemics and similar biological disasters. The House originally passed the bill in January (Roll Call 24). It was later amended in the Senate, extending the authorization through 2018, and sent back to the House. This latest vote moves the bill to the president’s desk. Rep. Ed Perlmutter voted Not Voting……send e-mail or see bio FY 2013 Continuing Appropriations – Vote Passed (267-151, 13 Not Voting) With a March 27 deadline to avert government shutdown looming, the House moved last week to pass a bill making appropriation for the rest of the fiscal year. The package contained full appropriations bills for the Departments of Defense and Veterans Affairs, (though it did not increase their funding levels) and essentially continues FY12 funding for all other accounts. The bill’s overall funding level is in line with the $1.043 trillion cap agreed to under the 2011 debt ceiling agreement, but because of the sequester, net new budget authority would instead reach $984 billion. Rep. Ed Perlmutter voted YES……send e-mail or see bio

Upcoming Votes

Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013 – H.R.933 The Senate will take up the continuing appropriations measure on Monday and is expected to pass the measure this week. There appears to be agreement in the body to add full bills for Agriculture, Commerce-Justice-Science, and Homeland Security. Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act – H.R.803 This bill would largely consolidate several dozen workforce investment and job training programs into one in which funding would be doled out in block grants to states. The bill’s committee markup last week was notable for Democrats’ boycott of the proceedings. They said it was a partisan measure largely identical to a bill the committee passed last year along party lines. Preserving Work Requirements for Welfare Programs Act of 2013 – H.R.890 The House is scheduled to consider this bill, passed out of the Ways and Means committee last week, to counteract a Health Human Services Department waiver program that Republicans say would dilute work requirements in the federal welfare program.

Bennet, Udall, and Perlmutter Watch 3-4-13: Recent Votes

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Recent Senate Votes

Hagel Nomination – Confirmation – Vote Confirmed (58-41, 1 Not Voting) After months of being hammered by conservative media outlets and activist groups and a wobbly performance in his confirmation hearing, Chuck Hagel was confirmed last week to become the 24th Secretary of Defense. The 58-41 vote fell mostly along party lines, with Thad Cochran of Mississippi, Rand Paul of Kentucky, Richard Shelby of Alabama and Hagel’s fellow Nebraskan Mike Johanns the only Republicans joining all Democrats and independents in voting to confirm him. The confirmation vote followed a successful, and much more lopsided, cloture vote (Roll Call 23) – itself an unusual hurdle to clear on a Cabinet nomination (though not, strictly speaking “unprecedented,” as some commentators and Democratic officials have stated). Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio Lew Nomination – Confirmation – Vote Confirmed (71-26, 3 Not Voting) Receiving much less attention – and generating much less controversy – was the nomination of Jacob J. Lew to be the next Treasury Secretary. Though Lew did receive some criticism for compensation packages he received from former employers New York University and Citigroup, as well as for his Cayman Islands investments, his nomination sailed through committee and received healthy bipartisan support on the Senate floor. Sen. Mark Udall voted Not Voting……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio Republican Sequester Alternative – Cloture – Vote Rejected (38-62) The last day of February saw both parties in the Senate make a show of attempting to avert the budget sequester that went into effect the next day. The Republican proposal would order the President to submit a sequester replacement plan by March 15, which would cut roughly the same amount of funds in the same 50-50, defense-non-defense proportion as the sequester, but would allow the White House discretion in allocating the cuts within each budget function. Separately, the bill would allow the Defense Secretary to transfer previously-appropriated funds between departmental accounts. President Obama threatened to veto the bill, and it saw more Republican defections (nine) than Democratic recruits (two). Sen. Mark Udall voted NO……send e-mail or see bio Sen. Michael Bennet voted NO……send e-mail or see bio Democratic Sequester Alternative – Cloture – Vote Rejected (51-49) The Democratic sequester replacement plan – and it should be noted that both this bill and the Republican bill only deal with year one of what is scheduled to be a decade-long budget squeeze – would fully repeal the $85 billion in cuts and replace them with several policy alternatives. These include ending direct payments to farmers, a proposal the Senate approved overwhelmingly last year in its version of the farm bill that never became law. The bill would also enact a 30% minimum tax rate on individual incomes over $5 million and would change the tax law definition of crude oil to include tar sands. Though the bill had no chance of garnering 60 votes, its chances were further damaged when the Congressional Budget Office reported that it would have increased the deficit by $7 billion. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio

Recent House Votes

Gender-based Violence Prevention – Final Passage – Vote Passed (286-138, 7 Not Voting) Appearing to decide that the issue simply was not worth fighting over any longer, House leadership allowed the Senate-passed Violence Against Women Reauthorization Act of 2013 (VAWA) to come to the floor and pass with majority-Democratic support. Both chambers passed reauthorization measures in the 112th Congress, but no extension became law due to a variety of disagreements between the Senate and House leadership. These mostly centered on Senate efforts to expand the law’s reach, for example by granting Indian tribal courts authority to prosecute non-Indian offenders and by extending protections to victims of gender identity- and sexual orientation-based violence. Democrats made much hay of the GOP’s resistance, labeling it part of a broader “war on women” that also included attacks on contraceptive coverage in Obamacare. Senate Democratic leaders made it a priority to re-pass VAWA quickly at the beginning of the 113th Congress, thus placing the onus back on House Republicans. Republicans offered an alternative bill as a replacement amendment, but it failed when 60 GOP members joined nearly all Democrats in voting no (Roll Call 54). The bill also extends the Trafficking Victims Protection Act, a law aimed at thwarting human trafficking. VAWA is now cleared for the president’s signature. Rep. Ed Perlmutter voted YES……send e-mail or see bio

Upcoming Votes

Authorizing Expenditures by Senate Committees – S.RES.64 The Senate is scheduled to take up this resolution that would authorize expenditures by committees of the Senate for the period March 1, 2013, through September 30, 2013. Department of Defense, Military Construction and Veterans Affairs Continuing Appropriations – HR____ The House is scheduled to work on this bill that would continue providing funding to government programs. The current funding expires March 27.

Bennet, Udall, and Perlmutter Watch 2-19-13: Recent Votes

From MegaVote at Congress.org:

Recent Senate Votes

Gender-based Violence Prevention – Final Passage – Vote Passed (78-22) The Senate passed a comprehensive reauthorization of the Violence Against Women Act (VAWA) last week, including a controversial provision that grants expanded authority to tribal courts over non-American Indian offenders. The bill would also expand protections for LGBT victims. VAWA consists of a variety of grant programs to state and local law enforcement agencies and service organizations that specialize in treating victims of such crimes as rape, domestic violence, and stalking. S. 47 extends VAWA for five years. The Senate debated several amendments to the bill, notably defeating a proposal from Oklahoma Republican Tom Coburn to remove the expanded tribal court authority (Roll Call 14 ). Judiciary Chairman Pat Leahy of Vermont successfully attached a four-year extension of anti-human trafficking measures to the overall bill (Roll Call 15 ). House leaders have been vague about their plans regarding the legislation , which expired last year amid disagreement between the two chambers. President Obama supports the Senate bill. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio Defense Secretary Nomination – Cloture – Vote Rejected (58-40, 1 Present, 1 Not Voting) One of the more contentious nomination fights in recent memory was dragged into the President’s Day recess when the Senate failed to invoke cloture on Chuck Hagel’s bid to become Defense Secretary. The former Republican senator from Nebraska endured a withering confirmation hearing on January 31 , during which he was grilled for hours by fellow Republicans on a narrow range of issues, particularly Israel and Iran. The nomination passed out of the Armed Services Committee February 12 on a straight party-line vote , and Reid attempted to end debate two days later. Several Republican senators, including John McCain, Lindsey Graham and Lamar Alexander stated that they would not vote for cloture that day but would following the recess (though they would ultimately oppose the nomination). After extended back and forth about whether the Republicans were filibustering Hagel by essentially requiring 60 votes to confirm him, the cloture vote failed. Four Republicans – Susan Collins, Thad Cochran, Mike Johanns and Lisa Murkowski – joined all Democrats and independents Angus King and Bernie Sanders in supporting the motion. Republican Orrin Hatch of Utah voted “present,” which in this instance had the same effect as a “no” vote. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio

Recent House Votes

Disaster Aid for Houses of Worship – Suspension – Vote Passed (354-72, 5 Not Voting) This bill would expand the definition of “private non-profit facilities” eligible for federal disaster funding to include houses of worship such as churches and synagogues. Many such buildings were damaged by Hurricane Sandy, which brought the issue to lawmakers’ attention. Rep. Ed Perlmutter voted YES……send e-mail or see bio Hydropower Regulation – Suspension – Vote Passed (422-0, 9 Not Voting) The House unanimously supported this measure to streamline permitting and regulation of hydropower facilities. Rep. Ed Perlmutter voted YES……send e-mail or see bio Federal Pay Freeze Extension – Final Passage – Vote Passed (261-154, 16 Not Voting) Acting to head off a scheduled cost-of-living-adjustment for federal civilian employees, the House extended the freeze on their pay through the end of the calendar year. Military pay is not affected by the bill. Rep. Ed Perlmutter voted NO……send e-mail or see bio North Korea Nuclear Test – Vote Passed (412-2, 17 Not Voting) Responding to a nuclear test conducted by the secretive Kim Jong-un regime in North Korea , the House passed a resolution condemning the act and calling for a new round of sanctions. Libertarian Republicans Justin Amash of Michigan and Thomas Massie of Kentucky cast the only “no” votes. Rep. Ed Perlmutter voted YES……send e-mail or see bio

Bennet, Udall, and Perlmutter Watch 2-11-13: Recent Votes

From MegaVote at Congress.org:

Recent Senate Votes

Gender-based Violence Prevention – Substitute Amendment – Vote Rejected (34-65, 1 Not Voting) The Senate began action last week on its renewed effort to reauthorize the Violence Against Women Act, a panoply of initiatives designed to combat such crimes as domestic violence and sexual assault and to provide assistance to state and local law enforcement. Both chambers of Congress passed reauthorization bills last year, but were never able to resolve various differences. One major hurdle, the creation of new visas for immigrant victims of domestic violence, has been stripped from this year’s version of the Senate bill. The other large sticking point, however, remains – Senate language that would give Indian tribes expanded police and judicial jurisdiction over non-Indian sex offenders who commit crimes on tribal land. Senate proponents contend the provision is a practical response to the reality that the nearest law enforcement authorities are often located hours away from tribal lands, making it very difficult to adequately police non-Indian offenders. Opponents are wary of potential constitutional issues raised by the provision. Regardless, the bill looks to be sailing toward passage in the Senate. The motion to proceed was agreed to by an overwhelming 85-8 margin (Roll Call Number 12) last Monday, February 4. Several days later, Chuck Grassley of Iowa, ranking Republican on the Judiciary Committee, offered a substitute bill supported by his conference. The Grassley substitute made several changes, including to the Indian language. Its margin of defeat – 34 to 65, with ten Republicans joining all Democrats and independents – indicates the strength of the bill’s support. The president has not taken a position on the current bill, though he supported last year’s Senate bill. The House has not yet taken action to move a reauthorization. Sen. Mark Udall voted NO……send e-mail or see bio Sen. Michael Bennet voted NO……send e-mail or see bio

Recent House Votes

Budget Submission Requirement – Final Passage – Vote Passed (253-167, 11 Not Voting) House Republican leadership has vowed to complete a budget document this year that achieves balance within a decade. Last week the House passed a bill that would hold the President to the same requirement. The Require a PLAN Act would mandate that, if President Obama’s FY2014 budget – which, the bill’s findings section notes, is expected to be (and indeed was) late – does not achieve balance at any point within its ten-year window, a new budget that does project balance must be submitted by April 1. The bill is not expected to be taken up by the Senate, but – along with the No Budget, No Pay Act that was recently signed into law – it does allow House Republicans to position themselves as the group in Washington most concerned with taming the deficit. Rep. Ed Perlmutter voted YES……send e-mail or see bio

Upcoming Votes

Violence Against Women Reauthorization Act of 2013 – S.47 The Senate will continue debate on the bill starting Monday, February 11. Six debates are scheduled for consideration including one by Oklahoma Republican Tom Coburn that would remove the Indian tribal court provision. Final passage is expected later in the week. To eliminate the 2013 statutory pay adjustment for civilian federal employees. – H.R.273 Federal civilian workers have been living under a pay freeze for several years will be able to receive a 0.5 percent cost of living adjustment upon expiration of the current Continuing Resolution governing federal spending, which runs through March 27. This bill would continue the pay freeze through the end of 2013. To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act – H.R.592 This bill would clarify that houses of worship are eligible for certain disaster relief and emergency assistance on terms equal to other eligible private nonprofit facilities.

Bennet, Udall, and Perlmutter Watch 1-28-13: Recent Votes

From MegaVote at Congress.org:

Recent Senate Votes

Temporary Rules Changes – Vote Agreed to (78-16, 6 Not Voting) The only action in the Senate last week focused on the upper chamber’s internal rules. There has been much bitter recrimination between majority Democrats and minority Republicans in recent years over a general lack of productivity, which the majority blames on obstruction – mostly in the form of a geometric increase in usage of the filibuster – and the minority blames on stonewalling, mostly in the form of Majority Leader Harry Reid of Nevada “filling the amendment tree” on bills brought to the floor, thereby preventing Republicans (or anyone else, for that matter) from offering amendments. A group of Democrats led by Tom Udall of New Mexico and Jeff Merkley of Oregon had been pushing a return to the “talking” filibuster of Mr. Smith Goes to Washington fame, which they claimed could be pushed through with a simple majority of 51 votes at the beginning of the 113th Congress. Udall and Merkley (and most other Democrats) deemed this the “constitutional” option, since nowhere in the Constitution does it state that the Senate should operate under anything but majority rule except in rare circumstances such impeachment of a president and approving treaties. Republicans dubbed the Merkley/Udall proposal the “nuclear” option, claiming it would completely destroy what was left of the body’s traditional comity and leave the minority little choice but to engage in parliamentary guerrilla war to have a voice in the chamber. In the event, the nuclear button was not pushed, and what changes occurred last week will mostly tinker around the edges. Senators cast two votes, the first on a temporary rules change applicable only in the 113th Congress. The biggest effect of the change would be to limit the ability to filibuster the motion to proceed, which is a procedural hurdle that must be leapt in order to consider a bill on the floor. If the two leaders agree on a set of four amendments, two each from the minority and majority, debate on the motion to proceed would be limited to four hours. The other change would limit post-cloture debate time on lower-level judges and executive branch nominees. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio Permanent Rules Changes – Vote Agreed to (86-9, 5 Not Voting) The second vote instituted a permanent change to the Senate’s rules; it also chiefly concerns the motion to proceed. Currently when the majority leader files a cloture petition in order to end debate, two days of session must pass before a cloture vote can be held and, if cloture is invoked, 30 additional hours must pass before voting on the actual matter at hand (in this case, the motion to proceed to the bill). The rules change would allow a cloture vote to be held the day after a petition is filed, if the cloture petition is signed by both the Majority and Minority Leaders and seven members each from the majority and minority. If cloture on the motion to proceed is then invoked, senators would immediately vote on the motion instead of waiting 30 hours. The other permanent rules change would condense the process for motions to go to conference with the House, reducing the number of motions needed – and thus the number of opportunities to filibuster – from three to one. Sen. Mark Udall voted YES……send e-mail or see bio Sen. Michael Bennet voted YES……send e-mail or see bio

Recent House Votes

Short-Term Suspension of Debt Limit – Final Passage – Vote Passed (285-144, 3 Not Voting) The House temporarily defused a looming crisis over the debt limit last by passing a bill that, rather than raising the limit – that is, setting a new cap on the federal government’s borrowing authority – actually suspends it – meaning there technically is no limit – until May 19, at which point the limit would be reset at a new, higher level, to reflect government borrowing activity in the interim period. In addition, the bill would institute an enforcement mechanism for each house of Congress to pass a FY 2014 budget resolution. Beginning April 15, if a chamber has not passed a budget, that chamber’s members would not receive their paychecks. This would carry on until the earlier of passage of a budget or the last day of the 113th Congress. Though House Democrats mostly decried the bill as a gimmick, President Obama has stated he will sign the bill if it reaches him. Rep. Ed Perlmutter voted NO……send e-mail or see bio

Upcoming Votes

Disaster Relief Appropriations Act, 2013 – H.R.152 The Senate is scheduled to vote on the Hurricane Sandy disaster relief package on Monday, January 28, as well as an amendment from Republican Mike Lee of Utah that would offset the bill’s cost with spending cuts. To ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes. – H.R.325 Majority Leader Reid has stated he will bring the House debt limit/no-budget-no-pay bill to the floor.