MONDAY, JUNE 30, 2008

H.R. 3546 --To authorize the Edward Byrne Memorial Justice Assistance Grant Program at fiscal year 2006 levels through 2012– YES I supported this bill because it reauthorizes a very successful program that provides federal grants to local law enforcement. Through these grants, law enforcement agencies, such as our Texas border sheriffs, have been able to purchase vehicles and equipment to stop drug and human smugglers from entering our country.

Mahoney Amendment (15 minutes) -YES - I supported this amendment because it provides an exception to the onerous Section 526 of the Energy Independence and Security Act regarding procurement and acquisition of alternative fuels. Section 526 restricts federal agencies from procuring coal-to-liquid or oil sands because environmentalists think that these fuels might produce more carbon emissions than traditional petroleum. I opposed Section 526 when it originally came before the House because it discourages American energy production while encouraging energy procurement from foreign countries and I have also cosponsored of H.R. 5656 that fully repeals Section 526.

H.R. 6052 --the Democrat Saving Energy through Public Transportation Act (5 minutes)– NO I voted against this bill because it provides $850 million in public transportation subsidies to local governments and federal employees. Instead of tackling the issue of high gas prices this week the Democrats decided to subsidize the morning and afternoon commutes for bureaucrats.

H.R. 6377 --The Energy Markets Emergency Act – YES This legislation directs the U.S. Commodities Future Trading Commission (CFTC) to utilize all of its current authority to curb speculation in the energy futures markets. I supported this bill because it does not grant additional authority to the CFTC, rather it is a directive from Congress for the CFTC to perform its duty of preventing speculation in the marketplace.

H.R. 6251 --Responsible Federal Oil and Gas Lease Act– NO This legislation would penalize an American company if it does not produce oil or gas from areas that do not actually have oil or gas in paying quantities, or from areas that may not be developed because required environmental studies, permits, and other procedural and construction factors are incomplete. I opposed this bill because energy companies have no financial incentive to let leases sit idle. On the contrary, the federal government requires companies to pay up-front bonus fees and annual rents on the leased areas, regardless of whether they produce oil and gas. If the annual payment is not made, the leases are forfeited, so it is very much in the companies’ interest to work to produce oil or gas from them.

H.R. 2176 --To provide for and approve the settlement of certain land claims of the Bay Mills Indian Community– NO This legislation would ratify a land swap between the State of Michigan and two Indian tribes—the Sault Ste. Marie Tribe of Chippewa Indians and the Bay Mills Indian Community. I opposed this bill because it would expand off-Reservation gaming on land that is 345 miles away from traditional Reservation land.

H.R. 6346 --Federal Price Gauging Prevention Act– NO This legislation authorizes the President to issue an emergency proclamation applying the sale prohibition to any area within the jurisdiction of the U.S.; it would make it a federal crime to sell gasoline during an energy emergency at a price that is “unconscionably excessive” and that takes “unfair advantage” of emergency situations to increase prices “unreasonably.” However, none of these operative terms are defined in the bill. I opposed this bill because it will do nothing to lower energy prices for hard-working Americans, and the bill’s ambiguity makes it impossible to comply with.

H.R. 6358 --Stop Child Abuse in Residential Programs for Teens – NO This bill requires each program to meet minimum standards to provide for the basic health and safety of children at such a program. This is a large expansion of the oversight role of the federal government through the Department of Health and Human Services, expanding the Department’s enforcement authority over all state procedures and monitoring efforts of residential treatment facilities, efforts that are already in effect. The bill does NOT require parental consent or notification before giving children new prescription medication, including contraception. COST $805 million.

H.R. 3195 --Americans with Disability Act Restoration Act – YES This bill defines the term "substantially limits" in the Americans with Disability Act definition of disability to mean an impairment that "materially restricts" one or more major life activity, including activities such as sleeping, reading, and hearing, as well as major bodily functions; any treatment, medication, or other measures taken to mitigate the effects of impairment may not be taken into consideration when determining if someone has a disability.

Kirk Motion to Instruct Conferees on H.R. 4040 --The Consumer Product Safety Modernization Act – YES The motion to instruct tells the conferees that the House should insist on the provisions in the House bill with regard to the definition of "children's product."

H.R. 6275 --The Alternative Minimum Tax Relief Act of 2008 – NO This bill is a one year patch of the AMT with a hold harmless provision for those middle-class Americans who are affected by the AMT. But it contains PERMANENT tax increases for carried interest, meaning it would tax private equity at ordinary income tax rates instead of the currently capital gains rates. The bill also strikes the manufacturing tax credit for the five largest integrated oil and gas companies, and reduces the manufacturing tax credit for all other independent oil and gas companies from 9% to 6%; the bill does not single out any other industry which receives the manufacturing tax credit. I voted against this bill because it contains permanent tax increases. Total cost is approx $64 billion.

H.R. 6331 --Medicare Improvements for Patients and Providers Act of 2008 – NO I voted against this bill because it guts Medicare Advantage, the only private marketplace health insurance for seniors that competes with Medicare and provides competition that seniors can choose their own coverage. I am supportive of physician pay increases under Medicare and believe the entire formula that determines physician pay should be reworked. Physicians should have a predictable, steady, positive increase in their pay every year and should not have to come before Congress asking for an increase. Total cost is approx $47.5 billion.