DCCC2012BrianBilbrayCA52-ResearchBook
Transcription
DCCC2012BrianBilbrayCA52-ResearchBook
Confidential Brian Bilbray Republican Member of Congress in California’s nd 52 Congressional District Research Book - 2012 Last Updated February 2012 Prepared by the Democratic Congressional Campaign Committee Research Department Key Moments on Video Throughout this book, several citations will refer to footage of Bilbray from tracking town halls. The following clips are a sample that covers the most important moments on video at the time of writing. Threatened Voter Intimidation If I can suggest one thing, one of the things we’ve got to focus on is the integrity of the list, the voters’ list. And so I think one project that we could work on between now and election is calling down the list of those who are registered, and do something you did in Los Angeles, just ask them, ‘Where were you born?’ and if they were born out of the country, ‘When did you become a citizen.’ And I think you will be absolutely shocked how many people will openly and freely say, ‘Well I haven’t become a citizen.’ Because you don’t understand, that you got people paid to collect signatures and they sit there and say, ‘Go ahead and sign, go ahead and sign,’ and the declaration of the top says, ‘I’m qualified to be a voter.’ And they sign it. [San Diego Tea Party, 11/24/11, via youtube.com] Defended Herman Cain When I left in 2000, and I got left because I voted and got kicked out of office because somebody else cheated on his wife and lied about it in front of a grand jury. And the fact is we’ve got people attacking Mr. [Herman] Cain for doing something that the Senate of the United States has already said does not disqualify you as president. [San Diego Tea Party, 11/24/11, via youtube.com] Bilbray: You Don’t Have to Be Born in US to Become President It’s just like people thinking that you’ve got to be born in the United States to be President, you don’t have to be. That’s a legend. We’ve got to clarify that. [Ed Show, 8/03/11, via youtube.com] Bilbray: You Can Spot Illegal Immigrants by Clothing They will look at the kind of dress you wear. There is different type of attire. There different type of . . . right down to the shoes, right down to the clothes. But mostly by behavior. [Hardball with Chris Matthews, 4/21/10, via youtube.com] 2 DCCC Bilbray Research Book Last Updated 2/29/12 Biographical Information This section provides background information on Brian Bilbray’s personal life, including education, personal finances, property holdings, and other areas. Searches were conducted at various local media outlets in San Diego County, including the San Diego Union-Tribune, and the North County Times, as well as a number of other online resources, including Lexis-Nexis. Birth Date Bilbray was born January 28, 1951 at North Island Naval Air Station in Coronado, California. [San Diego Union-Tribune, 11/05/00] Residence According to his declaration of candidacy from 2006, Bilbray resided at 2466 Unicornio St., Carlsbad, California. He also registered to vote at the same address on June 21, 2005. [Bilbray PFD, filed 2/28/06; Bilbray Voter Registration, filed 6/21/05] Education Bilbray attended Mar Vista High School. After graduating, he attended Southwestern College briefly but later dropped out without graduating to tour the country on a motorcycle. [San Diego Union-Tribune, 1/18/87; 11/05/00] Family Wife: Karen Palmer Bilbray [Congressional Directory, 6/15/99] Children: Scott Palmer, Kristen Palmer, Shannon Palmer, Brian Patrick Bilbray, and Briana Bilbray. Karen Bilbray had three children from a previous marriage. [Congressional Directory, 6/15/99; San Diego UnionTribune, 4/08/84] Brian and Karen Bilbray had a son named Brian Phillip Bilbray II in 1984. He passed away a few months later from sudden infant death syndrome. [San Diego Union-Tribune, 11/05/00] Brian Patrick Bilbray Elected to Imperial Beach City Council in 2010 In November 2010, Bilbray’s son Brian Patrick Bilbray was elected to serve a two year term on the Imperial Beach City Council. [San Diego Union-Tribune, 11/03/10] Briana Bilbray: Cancer Survivor, Medicinal Marijuana Advocate In November 2010, Bilbray’s daughter Briana Bilbray, a skin cancer survivor, joined a series of lawsuits against the federal government’s efforts to close medicinal marijuana dispensaries in the state of California. “I am convinced completely that it works,” she said. [San Diego Union-Tribune, 11/08/11] 3 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray’s Statement Asked about his daughter’s involvement in the lawsuits, Bilbray issued the following statement: Karen and I raised our children to be strong individuals who think for themselves. I respect my daughter’s right to fight for what she believes in based on her personal experiences. We may not agree with our children on every issue, but Karen and I are very proud parents. [San Diego UnionTribune, 11/08/11] Religion According to National Journal, Bilbray is Roman Catholic. [National Journal Almanac, accessed 12/05/11] Career Before running for Imperial Beach City Council in 1975 at the age of 24, Bilbray worked as a lifeguard. [San Diego Union-Tribune, 11/05/00] Military Service On January 28, 1969, Bilbray registered with the Selective Service System, according to records from the National Archives. He received an I-A classification indicating he was eligible for military service. After receiving a classification of I-S(H), an exemption due to still being in high school, in September 1969, he was listed as I-A in both 1970 and 1972. [Selective Service System Classification Record, received 12/05/11] Bilbray registered for the draft after graduating from high school in 1970. His number, 346, was high enough that he was never called. [San Diego Union-Tribune, 8/28/88] Hunting & Fishing Licenses Bilbray has been issued the following hunting licenses: State Virginia License Date 9/30/05 Virginia 11/15/06 Virginia 11/17/06 Virginia 2/09/07 Virginia 10/10/07 Virginia 11/12/08 Address Listed 8913 Linton Ln Alexandria, VA 2466 Unicornio St Carlsbad, CA 8913 Linton Ln Alexandria, VA 2466 Unicornio St Carlsbad, CA 8913 Linton Ln Alexandria, VA 2466 Unicornio St Carlsbad, CA 4 DCCC Bilbray Research Book Last Updated 2/29/12 Virginia 10/02/09 Wisconsin N/A 2466 Unicornio St Carlsbad, CA 8913 Linton Ln Alexandria, VA [Nexis Hunting & Fishing License Search, 10/21/11] Property Ownership 8913 Linton Lane, Alexandria, Virginia In September 2000, Bilbray purchased property at 8913 Linton Lane, Alexandria, Virginia, from Richard Strohl for $385,000. Strohl had purchased the property ten years earlier for $329,500. [Fairfax County Property Search, accessed 10/11/11] In January 2001, Bilbray filed his termination financial disclosure. He listed as his address 8913 Linton Lane, Alexandria, Virginia. He listed a single family residency rental in California as an asset, worth $100,001 to $250,000 with rental income of $2,501 to $5,000. He also listed a mortgage for a home at 1307 9th St, Imperial Beach, California, valued at $15,001 to $50,000, and an equity loan on the same property valued at $50,001 to $100,000. It is likely that Bilbray at this point had already moved his residency to Virginia and was renting out his former home in Imperial Beach for income. [Bilbray PFD, filed 1/29/01] As of October 2011, Bilbray and his wife still owned the property at 8913 Linton Lane, Alexandria, Virginia. [Fairfax County Property Search, accessed 10/11/11] Note that although the address lists Alexandria, it is actually in Fairfax County. For tax year 2011, the property was valued at a total of $550,220. It did not qualify for a tax exemption. [Fairfax County Property Search, accessed 10/11/11] 1307 9th Street, Imperial Beach, California On August 17, 1984, Bilbray’s wife, Karen, transferred ownership of a property located at 1307 9th Street in Imperial Beach, California, from herself, individually, to Bilbray and herself. On February 24, 1994, the couple updated the Grant Deed with a vesting correction to clarify that they were husband and wife as joint tenants. On September 3, 2002, Bilbray and his wife transferred this property to the Brian and Karen Bilbray Trust in an Intra-Family Transaction. [Individual Quitclaim Deed, San Diego County Recorder, Doc. No. 84315628, filed 8/17/84; Grant Deed, San Diego County Recorder, Doc. No. 94-0123710, filed 2/24/94] Since the joint ownership of the property, Bilbray has obtained at least four mortgages on the home, none of which are still active. Below is a table detailing Bilbray’s mortgage history for his personal home: Mortgage Date 10/25/85 1/17/90 2/03/94 8/17/00 Mortgage Amount $90,000 $78,600 $80,000 Mortgage Release 2/07/90 3/02/94 1/09/07 2/08/07 5 DCCC Bilbray Research Book Last Updated 2/29/12 [Deed of Trust, San Diego County Recorder, Doc. No. 90-026653, filed 1/17/90; Substitution of Trustee and Full Reconveyance, San Diego County Recorder, Doc. No. 90-220930; Grant Deed, San Diego County Recorder, Doc. No. 940123710; Deed of Trust, San Diego County Recorder, Doc. No. 94-0123711, Substitution of Trustee and Full Reconveyance, San Diego County Recorder, Doc. No. 94-0189664; Deed of Trust with Assignment of Rents, San Diego County Recorder, Doc. No. 00-0445356; Quitclaim Deed, San Diego County Recorder, 02-0748429; Substitution of Trustee and Full Reconveyance, San Diego Recorder, Doc. No. 07-0017360; Full Reconveyance, San Diego Recorder, Doc. No. 07-0112097] NOTE: Bilbray does not list this property on his personal financial disclosure, but all records indicate he still owns the property. He is not required to list the property on his personal financial discourse if he is not receiving rental income. Below is a photo of 1307 9th St: [1307 9th St Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] Was Property From Previous Marriage On August 17, 1984, Walter A. Palmer transferred ownership of the property at 1307 9th Street to Karen Palmer, now known as Karen Palmer Bilbray. She then filed ownership to herself and Brian Bilbray. [Individual Quitclaim Deeds, San Diego County Recorder, Doc. No. 84-315625, Doc. No. 84-315626, filed 8/17/84] Taxes Paid According to the San Diego County Recorder office, both the first and second installments of property taxes have been paid for the property for fiscal year 2009 to 2010, the most recent year publicly available. Both installments were $844.74. [San Diego County Recorder, Secured Assessment Roll for Fiscal Year 2009-10] Clute Administrative Trust In 2011, Bilbray listed himself as a one-fifth beneficiary of the Clute Administrative Trust, which he inherited from his mother Mavis Bilbray-Clute who passed away in May 2010, on his personal financial disclosure. Bilbray filed an affidavit/death of trustee form in August 26, 2010, to establish his role as 6 DCCC Bilbray Research Book Last Updated 2/29/12 trustee of the Clute Administrative Trust governing the properties. The trust included eight properties. [Affidavit/Death of Trustee, San Diego County Recorder, Doc. No. 10-0446796, filed 8/26/2010] Property 50 percent Interest in Condo 3473 Cactus Valley Lane Laughlin, NV House 2466 Unicornio St Carlsbad, CA 6 Unit Apt Bldg 230 Ebony Ave Imperial Beach, CA Single Family Residence 449 8th St Imperial Beach, CA Single Family Residence 257 Ebony Ave Imperial Beach, CA 5 Unit Complex 192-194 Ebony Ave Imperial Beach, CA 10 Unit Apt Bldg 266 Daisy Ave Imperial Beach, CA Duplex 829-831 10th St Imperial Beach, CA TOTAL Assessed Value 1/5 Ownership Income (Rental) $44,000 $8,800 --- $850,000 $170,000 --- $690,000 $138,000 $33,936 $260,000 $52,000 $7,200 $260,000 $58,000 $9,800 $625,000 $125,000 $20.042 $1,195,000 $239,000 $20,042 $310,000 $62,000 $12,950 $4,264,000 $852,800 $144,710 [Bilbray PFD, filed 6/15/11; North County Times, 5/13/10] Claimed Role in Trust in August 2010 Bilbray filed an affidavit/death of trustee form in August 26, 2010, to establish his role as trustee of the Clute Administrative Trust governing the properties. [Affidavit/Death of Trustee, San Diego County Recorder, Doc. No. 10-0446796, filed 8/26/2010] Trust Included Bilbray’s Home Included in the Clute Administrative Trust is 2466 Unicornio St., Carlsbad, California. This is the home that Bilbray listed as his residency when he declared his candidacy for the California 50th special election in 2006. During the election Bilbray explained he had moved to Carlsbad to take care of his mother. [Bilbray PFD, filed 2/28/06; KGTV News, 5/17/06] Property Tax Penalty on Nevada Property 7 DCCC Bilbray Research Book Last Updated 2/29/12 According to Clark County records, the property at 3473 Cactus Valley Lane, Laughlin, Nevada, included a property tax penalty of $38.58 for tax year 2012. The Clute Family Trust owned one half of the property and Barry P. Bilbray owned the other half. [Clark County real property search, accessed 10/17/11] Lien Filed on Clute Property Mavis Clute, Bilbray’s mother, had a small claims judgment filed against her by Loana Baker. Small claims judgments are destroyed after ten years in San Diego, so both the original filing and any release filing are no longer available. A filing release date of 9/02/98 is listed for an amount of $130 to Loana Baker in public records databases available. The County of San Diego listed the properties in the Clute Family Residuary Trust on their list of public liens on June 20, 2011, but it is not clear if this is the same lien. [Nexis Bankruptcy, Judgments & Liens search, accessed 11/14/11; San Diego Public Liens Register for Period Ending 6/17/11] Taxes Paid on San Diego Properties According to the San Diego County Recorder office, both the first and second installments of property taxes have been paid for the California properties in the Clute Administrative Trust for fiscal year 2009 to 2010, the most recent year publicly available. Property 449 8th St Imperial Beach, CA 829-831 10th St Imperial Beach, CA 230 Ebony Ave Imperial Beach, CA 192 Ebony Ave Imperial Beach, CA 192 Ebony Ave Imperial Beach, CA 266 Daisy Ave Imperial Beach, CA First Installment Second Installment $367.37 $367.37 $750.43 $750.43 $1,427.41 $1,427.41 $732.26 $732.26 $691.01 $691.01 $2,347.65 $2,347.65 [San Diego Secured Assessment Roll in the County of San Diego, accessed 11/09/11] Note: Not all records on the roll were legible due to printing errors. Below are photos of the California properties in the Clute Trust: 2466 Unicornio St., Carlsbad, CA 92011 8 DCCC Bilbray Research Book Last Updated 2/29/12 [2466 Unicornio St., Carlsbad, CA 92011, Photo Take on Collection, 11/08/11] 449 8th Street, Imperial Beach, CA 91932 [449 8th Street, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 829-831 10th Street, Imperial Beach, CA 91932 9 DCCC Bilbray Research Book Last Updated 2/29/12 [829-831 10th Street, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 230 Ebony Avenue, Imperial Beach, CA 91932 [230 Ebony Avenue, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 257 Ebony Avenue, Imperial Beach, CA 91932 10 DCCC Bilbray Research Book Last Updated 2/29/12 [257 Ebony Avenue, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 192 – 194 Ebony Avenue, Imperial Beach, CA 91932 [192 – 194 Ebony Avenue, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 266 Daisy Avenue, Imperial Beach, CA 91932 11 DCCC Bilbray Research Book Last Updated 2/29/12 [266 Daisy Avenue, Imperial Beach, CA 91932, Photo Take on Collection, 11/08/11] 720 Caesar Road, Picayune, Mississippi Property in Mississippi at 720 Caesar Road, Picayune, was first listed as an asset of Karen Bilbray on Bilbray’s financial disclosure filed on May 15, 2008, with a value of $100,001 to $250,000 and rental income of $5,001 to $15,000. These values have remained constant over time. [Bilbray PFD, filed 5/15/08; Bilbray PFD, filed 5/15/09; Bilbray PFD, filed 5/13/10; Bilbray PFD, filed 6/15/11] According to the Pearl River County Tax Assessor, Karen Bilbray owned four parcels of land in the county. Parcel # Size Appraised Value Market Value Building Value 6162040000001200 0.10 acres $1,080 $1,075 --- 6162030000003200 9 acres $2,110 $18,000 --- 6162030000003300 4 acres $14,300 $19,750 --- 6162030000003800 6.50 acres $14,830 $24,750 $81,500 19.60 acres $32,320 $63,575 $81,500 TOTAL [Pearl River County Tax Assessor, accessed 10/07/11] 2010 Taxes Paid According to the Pearl River County Tax Assessor, Karen Bilbray fully paid 2010 taxes totaling $1,922.83 on January 28, 2011. [Pearl River County Tax Assessor, accessed 10/07/11] 12 DCCC Bilbray Research Book Last Updated 2/29/12 Errors in Filing There are two errors in Bilbray’s financial disclosures regarding the Mississippi property. o May 15, 2008: “760 Caesar Rd, Picayune, MS” o May 15, 2009: “720 Cesar Rd, Picayune, MS” [2008 Bilbray PFD, filed 5/15/08; 2009 Bilbray PFD, filed 5/15/09] Other Property 571 11th Street, Imperial Beach, California (2011) According to an affidavit of death of trustee document filed July 22, 2011, Karen Bilbray was a cotrustee of the John A. Wallin Separate Property Trust with Danita Aguon. The trust includes a home at 571 11th Street, Imperial Beach, California. This property was never listed on Bilbray’s financial disclosure forms. [Affidavit of Death of Trustee, San Diego County Recorder, Doc. No. 11-0373567, filed 7/22/11] 19 South Raleigh Street, Helena, Montana (2005-2009) On July 6, 2005, Bilbray and his wife purchased property located at 19 South Raleigh Street in Helena, Montana from Robert and Roberta Henry. [Lewis and Clark County iCRIS Record Search Web Site, accessed 10/21/11; ] In February 2006, Bilbray filed his House of Representatives financial disclosure as a candidate. It listed as one of his assets a rental unit at 19 Raleigh St., Helena, Montana, worth between $100,001 and $250,000. Bilbray also listed a mortgage from Washington Mutual in the value of between $50,001 and $100,000 on the property. The rental income from the unit was listed as between $2,501 and $5,000 for the previous year. [Bilbray PFD, filed 2/28/06] Rental income from the property increased to between $5,001 and $15,000 in 2006, but the value of the asset declined to between $50,001 and $100,000. [Bilbray PFD, filed 6/06/07] Rental income dropped back to between $2,501 and $5,000 and value increased to between $100,001 and $250,000 in 2007. [Bilbray PFD, filed 5/15/08] Rental income from the property increased between $5,001 and $15,000 in 2008, but the value of the asset stayed within the range of 100,001 and $250,000. [Bilbray PFD, filed 6/06/07] The property was sold for an amount between $100,001 and $250,000 in May, 2009 to Scott Blum. [Bilbray PFD, filed 6/13/10; Lewis and Clark County iCRIS Record Search Web Site, accessed 10/21/11] Tax History The following is a history of the property taxes paid on the property from 2005 to 2009. Year Amount Due Amount Paid 13 DCCC Bilbray Research Book Last Updated 2/29/12 2005 2006 2007 2008 2009 $1,284.89 $1,304.20 $1,332.97 $1,382.68 $1,249.98 $1,284.89 $1,304.20 $1,332.97 $1,382.68 $1,249.98 [Lewis and Clark County Property Tax Inquiry, accessed 10/21/11] 1830 Winne Street, Helena, Montana (2007) On February 27, 2007, Bilbray and his wife, along with Michael and Kristen McDaniel, purchased property located at 1830 Winne Street in Helena, Montana from Tony and Heidi Sawyer. They sold it to the McDaniels on October 30, 2007. This property was never listed on Bilbray’s financial disclosure forms. Kristen Palmer McDaniel is Bilbray’s step-daughter. [Lewis and Clark County iCRIS Record Search Web Site, accessed 10/21/11; Congressional Directory, 6/15/99] 312 South Carolina Avenue SE, Washington, DC (1997-2001) On April 22, 1997, Bilbray and his wife, Karen, purchased property at 312 South Carolina Avenue SE In Washington, DC, from Gerard and Cathleen McSorley for $183,000. [Deed, District of Columbia Recorder, Doc. No. 9700029733, Filed 4/22/97] On August 23, 2001, Bilbray and his wife sold this property to Cal and Lisa Matsumoto for $325,000. This property was never listed on Bilbray’s financial disclosure forms. [Deed, District of Columbia Recorder, Doc. No. 2001078682, Filed 8/23/01] Watercraft According to available electronic resources, a 2010 San Diego County tax assessment names Bilbray as the owner of personal property at 1631 Strand Way in Coronado, California. The property, which is the Coronado Yacht Club, is a watercraft and its value was assed at $31,180. [Nexis Real Property search, accessed 11/16/2011] According to the United States Coast Guard, a watercraft named Odysseus was registered to Brian Bilbray with documentation number 1045618 on August 20, 2011. It had previously been registered to Bilbray and another individual Monte Berget. [Coast Guard Vessel Documentation Search, accessed 11/16/11] Below is a photo of the boat Odysseus docked at the Coronado Yacht Club: 14 DCCC Bilbray Research Book Last Updated 2/29/12 [Odysseus, docked at 1631 Strand Way, Coronado, CA 92118 , Photo Take on Collection, 11/08/11] Criminal Record Neighbor Claimed to Testify Before Grand Jury In October 2006, a neighbor of Bilbray’s, William Rider, said he was questioned by a grand jury regarding Bilbray’s residency and possible fraud involving his residency in California or Virginia. Bilbray’s campaign disputed the charges. [San Diego Union-Tribune, 10/30/06] Police Investigated Noise Complaint at Virginia Home On December 23, 2006, police from the Fairfax County Police Department were dispatched to Bilbray’s home following a complaint from a neighbor who called about a party of 10 to 15 people drinking alcohol. The report filed says the police spoke with Mr. Bilbray, who informed the office that everyone in the house was 21 or older. Police received consent to go in the house and found everyone appearing to be of age, but no drinking of alcohol was reported. The police left and the case was closed. [Fairfax County Police Department Field Investigation Report, Case # 06357002498] DC Police Received Single Call for Former Residency The Metropolitan Police Department of Washington, D.C., was contacted to request public records related to police and arrest reports for Brian P. Bilbray and his property, 312 South Carolina Ave., SW. No reports regarding Bilbray were located. There was only one call made requesting service to the property. On July 25, 2001, a call was placed at 9:06 for “open door” according to the record. [Metropolitan Police Department of the District of Columbia, Calls for Service Data, 7/25/01] Named in Seventeen Federal Suits and Six Federal Appellate Cases; Named as Defendant Serving in Official Capacity in Seventeen Cases (1990-2011) Bilbray has been involved in at least fourteen federal lawsuits and four federal appeals. Bilbray appears as a defendant acting in an official capacity seventeen times. The cases are detailed in the table below: 15 DCCC Bilbray Research Book Last Updated 2/29/12 Case Name Number Date Filed Location Subject’s Role Defendant in Capacity as Member of Congress Defendant in Capacity as Member of Congress Nature and Cause of Suit Petition for Writ of Habeas Corpus Perales v. Obama et al 3:11-cv-00182JWS 9/13/2011 U.S. District Court of Alaska Perales et al v. United States Internal Revenue Service et al United States of America v. Arizona, State of, et al Jacqueline Gray, et al v. City of Valley Park, MO Jewish War Veterans of the USA, Inc., et al v. Gates 1:11-cv-02172LTB 8/19/2011 U.S. District Court of Colorado 2:10-cv-01413SRB 7/06/2011 U.S. District Court of Arizona Amicus Constitutionality of State Statue 08-1681 3/27/2008 Eighth Circuit Court of Appeals Amicus on Behalf of Appellee 3443 Accommodation 07-5337 10/10/2007 Interested Party Motion to Compel Jewish War Veterans of the USA, Inc., et al v. Gates Trunk, et al v. City of San Diego, et al 1:2007mc00220 5/23/2007 Interested Party Motion to Compel 3:06cv1597 8/09/2006 Intervenor Other Civil Rights Murphy v. County of San Diego 00-56549 9/21/2000 United States Court of Appeals for District of Columbia Circuit U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California U.S. Court of Appeals for the Ninth Circuit Civil Rights Act Holgate v. Golding, et al 99-56389 8/26/1999 Defendant (Appellee) in Capacity as County Supervisor Defendant (Appellee) in Capacity as County Supervisor U.S. Court of Appeals for the Ninth Circuit 16 DCCC Bilbray Research Book Last Updated 2/29/12 Petition for Writ of Habeas Corpus Homeless Access to Closed Military Base Holgate v. Golding, et al 98-CV-2230 12/09/1998 Simpson v. Roache, et al 3:1994cv00412 9/07/1995 Simpson v. Roache, et al 3:94cvc412 3/16/1994 Bianco, et al v. Hannigan, et al 3:93cv359 3/04/1993 Bankruptcy RMI, Inc, a Delaware Corporation 92-90920-JH 12/02/1992 Advanced Outdoor Inc v. County of San Diego, et al Murphy v. Bilbray 91-CV-160 2/04/1992 92-55093 1/30/1992 Hunter, at al v. Board of Supervisors, et al 3:91:cv1577 11/01/1991 DeBaca, et al v. County of San Diego, et al 91-cv-1282 9/16/1991 U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California U.S. Bankruptcy Court for the Southern District of California U.S. District Court for the Southern District of California U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California Defendant in Capacity as County Supervisor Homeless Access to Closed Military Base Defendant in Capacity as County Supervisor Prisoner Civil Rights Defendant in Capacity as County Supervisor Prisoner Civil Rights Defendant in Capacity as County Supervisor Civil Rights Act Creditor Adversary Proceeding Defendant in Capacity as County Supervisor Constitutionality of State Statue Defendant (Appellant) in Capacity as County Supervisor Defendant in Capacity as County Supervisor Civil Rights Act Defendant in Capacity as County Supervisor Civil Rights Act 17 DCCC Bilbray Research Book Last Updated 2/29/12 Petition for Removal, Injunctive/Declara tory Relief USA v. County of San Diego, et al 3:91cv764 6/05/1991 Murphy v. Bilbray 91-55316 3/15/1991 Advanced Outdoor Inc v. County of San Diego, et all Alpine Homes Ltd v. County of San Diego et al Murphy v. Bilbray 3:1991cv00160 2/04/1991 3:1990cv00237 2/23/1990 3:1990cv00134 1/30/1990 U.S. District Court for the Southern District of California U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California U.S. District Court for the Southern District of California Defendant in Capacity as County Supervisor Other Civil Rights Defendant (Appellant) in Capacity as County Supervisor Defendant in Capacity as County Supervisor Civil Rights Act Defendant in Capacity as County Supervisor Civil Rights Act Defendant in Capacity as County Supervisor Civil Rights Act Constitutionality of State Statues [Pacer, accessed 10/25/11] Named as Party in Forty State and Local Suites (1976-2011) Bilbray has been involved in at least forty state and local lawsuits. He appears as a defendant in official capacity thirty-four times. The cases are detailed in the table below: Case Name Number Date Filed Jacobson GIC870044 Barbara Gail, Et al v. Brian P Bilbray, et. al Martinez et all CV05-2064 v University of California, et al 7/31/2006 Walstrum v Palmer 10/31/1995 694012 12/14/2005 Location Superior Court of California, County of San Diego Superior Court of California, County of San Yolo Superior Court of California, County of San Diego Subject’s Role Defendant Nature and Cause of Suit Other Civil Petition Plaintiff Civil Rights Defendant Personal Injury (auto) 18 DCCC Bilbray Research Book Last Updated 2/29/12 County of San Diego v Redevelopment Agency of the City of San Diego County of San Diego, et al v. Hayes Thomas, et al Mid-City Corporation v County of San Diego Christward Ministry v County of San Diego 672257 12/30/1993 Superior Court of California, County of San Diego Plaintiff in Capacity as County Supervisor Other Civil Complain 666561 7/14/1993 11/19/1992 N54648 2/19/1992 Plaintiff in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Declaratory Relief 658494 Washington v San Diego County Board of Supervisors D. Martin, et al v. San Diego County Board of Supervisors, et al Christward Ministry v County of San Diego Hunter vs San Diego County Board of Supervisors Van Petten v San Diego County Board of Supervisors 647805 1/27/1992 12/24/1991 Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Declaratory Relief 646396 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego (North County) Superior Court of California, County of San Diego Superior Court of California, County of San Diego 644699 11/07/1991 10/23/1991 N52598 8/20/1991 Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Writs of Mandamus, Prohib. 644099 Sercon, Inc. v County of San Diego N52004 7/08/1991 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego (North County) Superior Court of California, County of San Diego (North County) Defendant in Capacity as County Supervisor Writs of Mandamus, Prohib. 19 DCCC Bilbray Research Book Last Updated 2/29/12 Writs of Mandamus, Prohib. Writs of Mandamus, Prohib. Declaratory Relief Declaratory Relief Fraud Bakonyi v San Diego County Board of Supervisors G. v Bilbray 634931 3/11/1991 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Injunction 626554 7/20/1990 Taylor v County of San Diego 621808 3/09/1990 Mascorro v San Diego County Board of Supervisors Century National Insurance Company v Sandoval Presenting Jamul v San Diego County Board of Supervisors Christward Ministry v County of San Diego City of Santee v County of San Diego 617395 10/19/1988 605932 11/15/1988 605773 11/09/1988 Superior Court of California, County of San Diego Defendant in Capacity as County Supervisor Writs of Mandamus, Prohib. 604172 9/28/1988 8/22/1988 602566 8/12/1988 Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Writs of Mandamus, Prohib 602890 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Park Hill Congregation of Jehovah’s Witnesses v County of San Diego Trotter v County of San Diego N39843 3/21/1988 Superior Court of California, County of San Diego (North County) Defendant in Capacity as County Supervisor Personal Injury (Auto) 20 DCCC Bilbray Research Book Last Updated 2/29/12 Declaratory Relief Writs of Mandamus, Prohib. Declaratory Relief Declaratory relief Writs of Mandamus, Prohib. Writs of Mandamus City of Santee v County of San Diego 596836 3/17/1988 County of San Diego v O’Connor 596055 2/23/1988 Chicano Federation v Cox 595832 2/17/1988 Bell v San Diego County Board of Supervisors Sandoval v Lindley 593846 12/22/1987 589680 8/27/1987 Armstrong v San Diego County Board of Supervisors Christward Ministry v County of San Diego County of San Diego v Cory 588349 7/31/1987 587152 7/01/1987 578681 12/17/1986 Reyes v San Diego County Board of Supervisors La Vaut v County of San Diego 561992 4/10/1986 554204 12/04/1985 Stamper v County of San Diego 552671 11/06/1985 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Defendant in Capacity as County Supervisor Plaintiff in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor 21 DCCC Bilbray Research Book Last Updated 2/29/12 Writs of Mandamus Writs of Mandamus Injunction Declaratory Relief Other Civil Complaint Declaratory Relief Writs of Mandamus Injunction Writs of Mandamus Injunction Other Civil Petition Nelson v San Diego County Board of Supervisors San Diego County Deputy Sheriffs 552669 11/06/1985 548242 8/30/1985 Trippell v City of Imperial Beach 494116 10/26/1982 Burke v City of 448555 Imperial Beach 2/22/1980 Hughes v City of Imperial Beach 393988 2/10/1977 Robert Schucker, et. Al v City of Imperial Beach, et. Al 382264 5/20/1976 Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Superior Court of California, County of San Diego Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Defendant in Capacity as County Supervisor Writs of Mandamus Declaratory Relief Declaratory Relief Injunction Declaratory Relief Quiet Title [California Superior Court, County of San Diego; Nexis State Court Search, 12/06/11] Sued California Universities for Favoring Illegal Immigrants Over Out-of-State Students (2006) On December 14, 2005, Bilbray, his daughter, Briana (19), and his son, Patrick (20), filed a class action lawsuit in Yolo County Superior Court against the University of California, the California State University system and the California Community Colleges, alleging that students who were forced to pay out-of-state tuition rates were unfairly discriminated against because undocumented immigrants who met residency requirements were eligible for in-state tuition rates. [Los Angeles Times, 12/15/05] Bilbray’s Children Graduated in Virginia Despite attending San Diego City College in California, Bilbray’s children had graduated from high school in Virginia. [Los Angeles Times, 12/15/05] Claimed His Kids Were Forced To “Get In Line Behind” Illegals “As a parent, I’m outraged that I can spend my whole life paying taxes here … and the first time that I asked the state of California to help educate my children, they’re told they have to get in line behind somebody who’s illegally present,” said Bilbray. [Sacramento Bee, 12/15/05] 22 DCCC Bilbray Research Book Last Updated 2/29/12 Challenged California’s Tuition Law in 2005 In 2001, California passed a state law allowing illegal immigrants who were in the process of obtaining legal residency status to pay in-state tuition if they had attended high school in California for three years. Bilbray’s suit in 2005 sought to challenge the legality of that law. [Los Angeles Times, 12/15/05] Compared Out-of-State Tuition Suit to Civil Rights Movement; Likened Self to a Patriot In a January 22, 2006, opinion-editorial published in the Sacramento Bee, Bilbray claimed that his suit was not politically motivated and compared his motivations to those of the civil rights movement: The lawsuit brought forward is about principles, not politics. Federal law on this issue is clear. We do not get to arbitrarily decide which laws we want to follow and which ones we want to ignore. AB 540 specifically stops legal non-resident aliens from receiving in-state tuition while rewarding those who deliberately break our immigration laws. Some call this a political stunt. That’s what was said about the people who participated in the civil rights movement. That’s what was said about the citizens who fought discrimination. In the end, they were all considered patriots. [Sacramento Bee, Bilbray opinion, 1/22/06] Fresno Bee: Bilbray Lawsuit “Is Shortsighted” (2006) In a June 2006 editorial, the Fresno Bee called Bilbray’s lawsuit against the California tuition law “shortsighted” and “mean-spirited.” After noting that Bilbray’s lawsuit was originated because his own children had attended high school in Virginia and were being forced to pay out-of-state tuition in California, the editorial said: Bilbray’s lawsuit is as shortsighted as it is mean-spirited. It is shortsighted because California has many students raised and schooled in California who will remain in the state throughout their lives. Their attachments and loyalties are in California. With in-state tuition at a California public university, they can become productive, prosperous members of California society. The state is better off if they’re educated than if they’re not. The lawsuit is mean-spirited because even if California’s law were overturned, Bilbray’s children would still have to pay out-of-state tuition until they established residency in California. [Fresno Bee, Editorial, 6/14/06] Defendant in Capacity as Supervisor in Lawsuit Brought by San Diego County Deputy Sheriff’s Association (1985) 23 DCCC Bilbray Research Book Last Updated 2/29/12 In 1985, the San Diego County Deputy Sheriff’s Association and several of its members filed a Complaint for Wages against the County of San Diego, the San Diego County Sheriff’s Department, and the San Diego Board of Supervisors, including Bilbray. [Complaint for Wages, Wages Due and Owing, for Declaratory Relief and for Accounting, San Diego County Superior Court, Case No. 548242, filed 8/30/85] According to the complaint, the plaintiffs claimed their contract stated they were to work five shifts per week of eight hours each, for a total of forty hours per week. According to the plaintiffs, they were allowed a thirty minute break per day for lunch, but the restrictions and limitations placed on them were restrictive to the point of constituting work, making their work weeks forty-two and one-half hours per week. [Complaint for Wages, Wages Due and Owing, for Declaratory Relief and for Accounting, San Diego County Superior Court, Case No. 548242, filed 8/30/85] The plaintiffs asked that a judgment of $12 million, plus other costs, be awarded to them for damages, breach of contract, and wages due and owing. [Complaint for Wages, Wages Due and Owing, for Declaratory Relief and for Accounting, San Diego County Superior Court, Case No. 548242, filed 8/30/85] $1,156,432 Settlement Reached A tentative settlement was reached in 1990, and approved by the Court in 1991, through contract negations between the San Diego County Deputy Sheriff’s Association and the County of San Diego. The settlement agreement stated: The plaintiffs agreed to settle this litigation in exchange for a one percent base salary increase effective May 3, 1991 for all Sheriff’s department sworn employees represented by DSA and employed on that date, plus a lump sum of $348,000 to be utilized to pay attorney’s fees and costs and to compensate those employees who allegedly were entitles to Code 7 compensation, but who have left County service or will not be employed within the affected bargaining units as of the May 3, 1991 date on which the prospective one percent salary increase is implemented. [Settlement Agreement and Order, San Diego County Superior Court, Case No. 548242, filed 8/30/85] The total cost of the settlement was estimated to be $1,156,432. [Settlement Agreement and Order, San Diego County Superior Court, Case No. 548242, filed 8/30/85] Defendant in Capacity as City Council Member in Lawsuit Brought by Landowner (1976) In 1976, Robert and Mildred Schucker filed a Complaint to Quiet Title and to Enjoin Trespass on Real Property against the City of Imperial Beach, including the City Council, Mayor, City Manager, and Planning Director in their official capacity. [Complaint to Quiet Title and to Enjoin Trespass on Real Property, San Diego County Superior Court, Case No. 382264, filed on 5/20/76] According to the complaint, the plaintiffs claimed the city had destroyed and rendered unusable portions of the roadways that had previously adjoined the plaintiffs’ lots during a highway realignment. The plaintiffs also claimed the city had trespassed and damaged the property during the course of the 24 DCCC Bilbray Research Book Last Updated 2/29/12 construction. The complaint claims that changes to the roadway would render using the property for any purposes. [Complaint to Quiet Title and to Enjoin Trespass on Real Property, San Diego County Superior Court, Case No. 382264, filed on 5/20/76] The plaintiffs asked that a judgment compelling the city to remove the trucks and machinery from the property and declare the plaintiffs as the owners of the property in question, potentially expanding the size of the lots by deeding to the plaintiffs land previous part of the Imperial Beach roadway. [Complaint to Quiet Title and to Enjoin Trespass on Real Property, San Diego County Superior Court, Case No. 382264, filed on 5/20/76] Settlement Reached Almost Two Years Later A settlement was reached in 1978, through negotiations between the plaintiffs and the city of Imperial Beach. The agreement clarified the easements held by the city for sidewalk, parkway, and landscaping purposes in the plaintiffs’ property. The agreement also certified that the city would assist the plaintiffs to contract with the city’s contractors for the work of future side-walk paving or asphalting. [Stipulation for Judgment & Order, San Diego County Superior Court, Case No. 382264, filed on 4/24/78] America’s Cup Sued Over Unpaid Debts In 1991, the Twenty-Seventh America’s Cup was sued by Emery Air Freight Corporation for unpaid debts. Bilbray served as the Chief Executive Officer of the organization at the time. In an October 1991 ruling, the judge ruled against the defendants due to them failing to appear and answer said complaint within the time allowed by law. A total of $39,465.04 was ordered to be paid to Emery Air Freight Corporation. There is no record of the debt being paid and several filings indicating the plaintiff continued to try to force representatives of the Twenty-Seventh America’s Cup to appear before court to enforce the judgment. [Judgment by Default by Clerk, San Diego County Superior Court, Case No. 639981, filed 11/24/91] Sail San Diego in Small Claims Judgment Bilbray, Sail San Diego, and Jeff Stafford were debtors in a small claim judgment brought by AV Partners Inc. in 1993. The filing was for $717. Small claims judgments are destroyed after ten years in San Diego, so both the original filing and any release filing are no longer available. [Small Claims Judgment, Case No. 598540, Nexis Bankruptcy, Judgments & Liens search, accessed 11/14/11] Driving Record Auto-Accident Case Dismissed In 1995, Karen and Brian Bilbray were sued by Manual Walstrum for causing an accident that severely injured the plaintiff. The complaint for damages sought $25,000 from the Bilbrays. The case was later dismissed. [San Diego Superior Court, Case No. 694012, filed on 11/07/95] Expired Registration in Virginia In public records searches only one guilty traffic infraction involving Bilbray has been found. In 2006, a complaint filed against Brian Bilbray related to an expired registration was found guilty by the Fairfax County General District Court. [Fairfax County General District Court, Case No. 059GT0619893800, filed 9/05/06] 25 DCCC Bilbray Research Book Last Updated 2/29/12 Judgments, Liens, Bankruptcy Sail San Diego in Small Claims Judgment Bilbray, Sail San Diego, and Jeff Stafford were debtors in a small claim judgment brought by AV Partners Inc. in 1993. The filing was for $717. Small claims judgments are destroyed after ten years in San Diego, so both the original filing and any release filing are no longer available. [Small Claims Judgment, Case No. 598540, Nexis Bankruptcy, Judgments & Liens search, accessed 11/14/11] Voting History Bilbray registered to vote at 2466 Unicornio St., Carlsbad, California, on June 21, 2005. He had previously been registered to vote at 1307 9th St., Imperial Beach, California. Since 1990, Bilbray has missed four elections: the March 5th, 2002 Gubernatorial Primary election and Special Elections on March 3, 1999, March 4, 1997, and February 27, 1996. [Bilbray Voter Registration, filed 6/21/05; Bilbray Voter History, received 12/07/11] Campaign Contributions According to available electronic databases, Reelect Brian Bilbray for Congress made 5 contributions to California Republican campaigns, totaling $10,500, since 2001. Campaign John McCann Governor Schwarzenegger’s California Recovery Team Shirley Horton Shirley Horton Greg Stein Office California State Assembly Ballot Referendum Date California State Assembly California State Assembly California State Assembly Amount 10/29/08 $1,000 12/06/05 $500 5/24/02 $3,000 2/14/02 $3,000 9/30/01 $3,000 [Follow the Money, accessed 1/30/12] 26 DCCC Bilbray Research Book Last Updated 2/29/12 Personal Finance A review of Bilbray’s Personal Financial Disclosure forms, court records and other information was conducted in order to examine Bilbray’s personal finances, investments and any potential financial problems that may have taken place in his past. The Clerk of the House maintains personal financial disclosure statements for Members of Congress and relevant staff dating back to 1999. The Center for Responsive Politics maintains these reports from 1994 to the present. $28,000 in Retirement Income In 2010, Bilbray earned income of $15,000 from a County of San Diego Public Employee Pension and $13,000 from CALPERS, the California Public Employee Retirement System. [Bilbray PFD, filed 6/15/11] Collected $26,000 in 2009 Bilbray began listing his retirement income on his personal financial disclosure in 2009 at the age of 58. He received $14,000 from a County of San Diego Public Employee Pension and $12,000 from CALPERS, the California Public Employee Retirement System. [Bilbray PFD, filed 5/13/10] One of Seventeen Californian Representatives Collecting Public Pensions In 2012, the San Diego Union-Tribune reported that seventeen members of Congress from California, including Bilbray, were collecting taxpayer funded pensions while receiving salary from the House of Representatives. The list included four Republicans and thirteen Democrats. [San Diego Union-Tribune, 1/16/12] 2011: Filled Out His Financial Disclosure Form Wrong Four Times In 2011, Roll Call reported that Bilbray had corrected his personal financial disclosure four times and was working on another amendment to correct further errors related to his family tax consulting business. He reported value ranging from as little as $15,000 to as much as $50 million for the business. Bilbray’s office said another filing would correctly note the value of the business as $15,001 to $50,000. [Roll Call, 05/10/11] Bilbray listed several different valuations for Bilbray Tax Services in his financial disclosure forms. May 15, 2009 filing for 2008 calendar year: $15,001 to $50,000 May 13, 2010 filing for 2009 calendar year: $25,000,001 to $50,000,000 June 18, 2010, 10:21 a.m., filing for 2009 calendar year: $15,001 to $50,000 June 18, 2010, 5:01 p.m., filing for 2009 calendar year: $25,000,001 to $50,000,000 June 29, 2010, filing for 2009 calendar year: $15,001 to $50,000 July 12, 2010, filing for 2009 calendar year: $25,000,001 to $50,000,000 27 DCCC Bilbray Research Book Last Updated 2/29/12 April 27 2011, filing for 2009 calendar year: $15,001 to $50,000 [San Diego Union – Tribune, 4/18/11; Bilbray PFD, filed 4/27/11] San Diego Union-Tribune Headline: “Bilbray financial forms have fluctuated” [San Diego Union – Tribune, 4/18/11] Bilbray Blamed Wife, New Forms “This was a simple typo,” Bilbray spokesman Travis Considine said. “She [Karen Bilbray] was actually pretty embarrassed about it.” Considine said the errors occurred because the agency that requires the forms changed the way the documents are to be completed. Karen Bilbray prepared the documents, but was not paid for the service. [San Diego Union – Tribune, 4/18/11] Constituent Concerned that Bilbray Filed Multiple Amendments to Bilbray Tax Service Don Vaughn, a constituent of Bilbray’s, said the multiple amendments to financial disclosure form relating to Bilbray Tax Service concerned him. “It concerns me because it’s part of his duties as a congressman,” Vaughn said. “There’s a requirement that he provide this information and he does not appear to be taking it seriously enough.” [San Diego Union – Tribune, 4/18/11] History of Correcting Forms Bilbray has a history of correcting, or amending, his personal financial disclosures. In 2007, Bilbray had to file an amended disclosure statement to clarify his funds held in his deferred retirement fund and his wife’s IRA. [Bilbray PFD, filed 8/24/07] In 2000, Bilbray had to file two amendments to his disclosure forms to clarify stock purchases and a trip to Australia. [Bilbray PFDs, filed 9/28/00] In 1997, Bilbray had to file an amendment to his 1996 financial disclosure after the Committee on Standards found problems with his original disclosure. Bilbray had failed to disclose the amount of income he received from his financial assets. [Bilbray PFD, filed 6/12/97] In 1996, the Committee on Standards found errors with his 1994 financial disclosure statement and required he file an amendment. He had put information on his “unearned income” and the purchase of stocks on the wrong page of the forms. [Bilbray PFD, filed 5/22/96] In 1994, when declaring for office, Bilbray had to file two amendments to fix errors on his statement. He needed to clarify his relationship to Bilbray Tax Services. [Bilbray PFDs, filed 9/01/94; 9/24/94] At Least One Million Dollars in Assets According to his personal financial disclosure filed in 2011, Bilbray and his wife held property and other assets valued between $738,013 and $1,720,000 in 2010. Bilbray’s and his wife’s assets earned between $75,012 and $181,600 in 2010. 28 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray provided additional information on his assets, including specific values of the Clute Administrative Trust in which he has a one fifth share in. His share of the over $4 million trust was listed as $852,800, along with $4,298.89 in the trust’s checking account. He also provided specific values for his 457 deferred-compensation retirement account as worth $149,929.99 on December 31, 2010. With this information, Bilbray’s minimum asset value was at least $1,140,740 and the maximum asset value was $1,462,028.88. The following table contains Bilbray’s Assets and Unearned Income in 2010 as reported in 2011: Asset / Source of Income 720 Caesar Road Picayune, MS Bilbray Tax Service 970 Seacoast Dr. #7 Imperial Beach, CA Clute Administrative Trust (Inherited) 1/5 beneficiary Clute Administrative Trust (Inherited) Chase/Checking Acct Congressional Federal CU SEP (Cash) First National Bank of Picayune National Retirement Solutions San Diego County CU Checking San Diego County CU SEP (Cash) US Savings Bonds USAA Mutual Funds USAA-IRA USAA-SEP TOTAL Year End Value of Asset $100,001 $250,000 2010 Amount of Income Type of Income Ownership $5,001 $15,000 Rent Spouse $15,001 $50,000 $50,001 $100,000 Other: SelfEmployment Spouse $500,001 $1,000,000 $15,001 $50,000 Rent --- $1,001 $15,000 None None --- $1,001 $15,000 $1 - $200 Interest --- $1 - $200 Interest Spouse $5,001 $15,000 Interest/Dividends --- $1 - $200 Interest Joint $1 - $200 Interest --- $1 - $200 Interest Joint $1 - $200 Dividends Joint $1 - $200 Dividends Spouse $1 - $200 Dividends Spouse $1,001 $15,000 $100,001 $250,000 $1,001 $15,000 $15,001 $50,000 $1,001 $15,000 $1,001 $15,000 $1,001 $15,000 $1,001 $15,000 $738,013 $1,720,000 $75,012 – $181,600 29 DCCC Bilbray Research Book Last Updated 2/29/12 [Bilbray PFD, filed 6/15/11] Entered Congress with Few Assets On Bilbray’s 1994 financial disclosure statement after he declared his campaign for Congress, Bilbray listed the following assets. Year End Value of Asset $1,001 $15,000 $1,001 $15,000 Asset / Source of Income USAA Money Account North Island Federal Credit Union San Diego County credit Union Accounts Wells Fargo Account Wells Fargo Account TOTAL 1993 Amount of Income Type of Income Ownership $201 - $1,000 Dividends Joint Less than $201 Interest Joint $1,001 $15,000 Less than $201 Interest Joint $1,001 $15,000 $1,001 $15,000 $5,005 – $75,000 Less than $201 Less than $201 $201 to $1,800 Interest Interest Dependent Child Dependent Child [Bilbray PFD, filed 4/11/94] Net Worth Has Increased at Least 15 Times For 2010, Bilbray’s worth was estimated at between $1,140,740 and $1,462,028.88, with a liability valued between $10,001 and $15,000. His net worth would be between $1,125,740 and $1,452,028.88. In 1994, Bilbray’s net worth was between $5,005 to $75,000 not including his personal home and any mortgages on the home. This means Bilbray’s net worth has increased anywhere between 15 to 290 times. [Bilbray PFDs, filed 6/15/11; 4/11/94] Note: It is important to note that a large portion of the increase in value of Bilbray’s assets is from the trust he inherited from his mother, Mavis Clute, who passed away on May 13, 2010. [San Diego Union-Tribune, 5/18/10] Almost $150,000 in 457 Retirement Plan In 2011, Bilbray reported having a 457 plan, a tax advantaged deferred compensation retirement plan for certain state and local governments and non-governmental entities, through the County of San Diego. He listed its value on December 31, 2010 as $149,929.99. According to his disclosure, he owned shares in the following companies and funds. Stock/Fund Hartford Capital Appreciation HLS Ending Price (12/31/10) $42.36 Shares 920.542 30 DCCC Bilbray Research Book Last Updated 2/29/12 Ending Balance (12/31/10) $38,994.19 IA (HIACX) Fund Hartford Dividend and Growth HLS Fund Janus Twenty T Fund Oakmark Equity and Income Fund PIMCO Total Return Admin (PTRAX) Fund American Funds EuroPacific Growth R4 American Funds Growth Fund of America R4 SSgA S&P 500 Index Fund TOTAL $19.50 553.297 $10,789.30 $65.73 $27.74 86.460 421.734 $5,683.05 $11,698.91 $10.85 56.904 $617.41 $40.68 327.459 $13,321.07 $30.19 434.414 $13,114.97 $261.04 62.200 $16,237.27 $149,929.99 [Bilbray PFD, filed 6/15/11; irs.gov, accessed 10/11/11] At Least $10,001 in Credit Card Debt In 2010, Bilbray had $10,001 to $15,000 in mortgage liability in a joint Visa account from the San Diego County Credit Union. [Bilbray PFD, filed 6/15/11] Advisor to Federation for American Immigration Reform In 2010, Bilbray served as an advisory board member for the Federation for American Immigration Reform. [Bilbray PFD, filed 6/15/11] Bilbray Tax Service In past PFDs, Bilbray listed Bilbray Tax Service as a source of self-employment income for his wife Karen on his financial disclosures. He stated the “unearned” income from the company as $50,001 to $100,000 for 2010, but provides specific amounts of earned income in other years. Year 2009 2008 2007 2006 2005 Spouse’s Income $52,000 $33,000 $11,000 $10,572 $11,000 [Bilbray PFD, filed 5/15/08; Bilbray PFD, filed 5/15/09; Bilbray PFD, filed 5/13/10; Bilbray PFD, filed 6/15/11] Below is a photo of Bilbray Tax Services: 31 DCCC Bilbray Research Book Last Updated 2/29/12 [970 Seacoast Drive Imperial Beach, CA 91932-2402, Photo Take on Collection, 11/08/11] Paid Wife’s Tax Services Over $49,000 from Campaign Bilbray’s campaign has paid Bilbray Tax Services $49, 589 for accounting and payroll services since 2001. Since February 2007, Bilbray’s campaign has made almost regular $1,000 payments for accounting on a monthly basis. [CQ Moneyline, accessed 10/12/11] Payor Name BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR Payee Name BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX Amount $1,000.00 Date 3/02/2011 $1,000.00 2/02/2011 $1,000.00 1/04/2011 $1,000.00 12/28/2010 $1,000.00 11/23/2010 $1,000.00 10/07/2010 $1,000.00 9/01/2010 $1,000.00 8/10/2010 $1,000.00 7/13/2010 $1,000.00 6/22/2010 $1,000.00 5/31/2010 $1,000.00 2/19/2010 $1,000.00 2/04/2010 32 DCCC Bilbray Research Book Last Updated 2/29/12 Type Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Purpose Accounting Services Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Accounting Services Accounting Fees Accounting Services Accounting CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE $1,000.00 1/12/2010 $1,000.00 12/30/2009 $1,000.00 11/11/2009 $1,000.00 10/23/2009 $1,000.00 9/01/2009 $1,000.00 9/01/2009 $1,000.00 8/03/2009 $1,000.00 8/03/2009 $2,000.00 7/02/2009 $2,000.00 7/02/2009 $1,000.00 5/07/2009 $1,000.00 4/01/2009 $1,000.00 3/02/2009 $1,000.00 2/02/2009 $1,000.00 1/05/2009 $1,000.00 11/27/2008 $1,000.00 11/11/2008 $1,000.00 1/04/2008 $1,000.00 12/05/2007 $1,000.00 11/06/2007 $1,000.00 10/04/2007 $1,000.00 9/01/2007 $1,000.00 8/14/2007 $1,000.00 7/03/2007 33 DCCC Bilbray Research Book Last Updated 2/29/12 Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Services Accounting Services Accounting Services Accounting Services Accounting Fees Bookkeeping Services Bookkeeping Services Accounting Fees Accounting Fees Accounting Services Accounting Services Accounting Fees Accounting Accounting Services Accounting Accounting Services Payroll and Accounting Service Payroll and Accounting Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS Total BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE $1,000.00 6/04/2007 Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll PROFESSIONAL FEE $1,000.00 5/04/2007 $1,000.00 4/03/2007 $1,000.00 4/03/2007 $1,000.00 2/07/2007 $650.00 8/01/2001 BILBRAY TAX SERVICE $1,950.00 7/17/2001 Operating Expenses PROFESSIONAL FEE BILBRAY TAX SERVICE $650.00 4/09/2001 Operating Expenses PROFESSIONAL FEE BILBRAY TAX SERVICE $650.00 3/19/2001 Operating Expenses PROFESSIONAL FEE BILBRAY TAX SERVICE $650.00 2/12/2001 Operating Expenses PROFESSIONAL FEE BILBRAY TAX SERVICE $650.00 1/05/2001 Operating Expenses PROFESSIONAL FEE $49,200.00 [CQ Moneyline, accessed 10/12/11] A Balloon Celebration On December 21, 1989, Patsy Fitro and Rae Michelle Martin transferred the business “A Balloon Celebration” to Mary Ann Duncan, Jerome S. Duncan, and Karen Bilbray. [San Diego Daily Transcript, San Diego County Recorder, Doc. No. 89-705833, filed 9/21/1989] Reported in 1991 Finances In his financial disclosure form filed in 1991, Bilbray listed his interest in “A Balloon Celebration.” Bilbray would continue to report the company on his personal financial disclosure forms as Supervisor until 1994, when the company is no longer mentioned. [San Diego Union-Tribune, 4/08/91; Bilbray PFD, filed 3/31/92; 3/23/93; 3/31/94] 34 DCCC Bilbray Research Book Last Updated 2/29/12 Political Career This section provides a brief overview of Bilbray’s political career, from 1975 to 2011. Caucuses The following outlines the caucuses in which Bilbray is a member: Name Immigration Reform Caucus (Chair) Year Joined 2007 [Bilbray.house.gov, accessed 12/06/11] Member of Republican Study Committee In 2011, Bilbray was a member of the Republican Study Committee. [Republican Study Committee, accessed 12/06/11] Named Dumbest Member Bilbray was named one of Congress’ “Dimmest Bulbs” by a magazine called The Progressive. Bilbray was included among the top 10 “dumbest” members of Congress because he liked to be carried into fundraisers standing barefoot on a surfboard. [Washington Post, 3/03/98] Career Politician After dropping out of college, Bilbray worked as a life guard before running for Imperial Beach City Council in 1976. In 1979, he was elected mayor of Imperial Beach. In 1984, Bilbray won a seat on the San Diego County Board of Supervisors and was reelected in 1988 and 1992. [Los Angeles Times, 6/04/98] Bilbray ran for the House of Representatives for the 49th District in 1994. After being defeated in 2000, he returned to the House of Representatives after a special election in the 50th District in 2005. The following lists Bilbray’s House of Representative elections: 1994 General Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 90,283 Lynn Schenk (D) 85,597 Chris Hoogenboom (L) 5,288 Renate M. Kline (P&F) 4,948 Percent 48.51% 45.99% 2.84% 2.66% [California Secretary of State, historical data accessed 12/03/11] 1996 General Election CA 1st Congressional District Candidate Votes Percent 35 DCCC Bilbray Research Book Last Updated 2/29/12 Brian Bilbray (R) Peter Navarro (D) Ernie Lippe (L) Kevin Phillip Hambsch (P&F) Peter Sterling (NL) 108,806 86,657 4,218 3,773 52.62% 41.91% 2.04% 1.83% 3,314 1.60% [California Secretary of State, historical data accessed 12/03/11] 1998 General Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 90,516 Christine Kehoe (D) 86,400 Ernie Lippe (L) 3,327 Julie F. Simon (NL) 2,829 Janice Jordan (P&F) 2,447 Percent 48.79% 46.57% 1.79% 1.53% 1.32% [California Secretary of State, historical data accessed 12/03/11] 2000 General Election CA 1st Congressional District Candidate Votes Susan Davis (D) 113,400 Brian Bilbray (R) 105,515 Doris Ball (L) 6,526 Tahir L. Bhatti (NL) 3,048 Percent 49.63% 46.18% 2.86% 1.33% [California Secretary of State, historical data accessed 12/03/11] 2005 Special Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 78,341 Francine Busby (D) 71,146 William Griffith (I) 6,027 Paul King (L) 2,519 Percent 49.57% 45.02% 3.81% 1.59% [California Secretary of State, historical data accessed 12/03/11] 2006 General Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 118,018 Francine Busby (D) 96,612 Paul King (L) 4,119 Miriam E. Clark (P&F) 3,353 Percent 53.14% 43.50% 1.86% 1.51% [California Secretary of State, historical data accessed 12/03/11] 36 DCCC Bilbray Research Book Last Updated 2/29/12 2008 General Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 157,502 Nick Leibham (D) 141,635 Wayne Dunlap 14,365 Percent 50.24% 45.18% 4.58% [California Secretary of State, historical data accessed 12/03/11] 2008 General Election CA 1st Congressional District Candidate Votes Brian Bilbray (R) 142,247 Francine Busby (D) 97,818 Lars Grossmith (L) 5,546 Miriam E. Clark (P&F) 5,470 Percent 56.65% 38.96% 2.21% 2.18% [California Secretary of State, historical data accessed 12/03/11] 2000: Never Admitted Bilbray’s Party Registration In 2000, facing a difficult reelection fight, Bilbray did not feature his party affiliation on mailers and television advertisements. One of Bilbray’s campaign aides admitted, “We never mention Brian’s party registration because it just doesn’t help us.” [Los Angeles Times, 5/02/00] Made $69,378 from County of San Diego in 1993 According to Bilbray’s financial disclosure form filed in 1994, he made $69,378 in salary as a Supervisor for the County of San Diego the year before. He also received $5,500 in stipends for serving on various government boards: Entity San Diego Association of Governments Air Sources Board (County of San Diego) San Diego Trolley Board San Diego Special Act District TOTAL 1993 Stipend $2,075 $900 $1,725 $800 $5,500 [Bilbray PFD, filed 4/21/94] Made $76,230 from County of San Diego in 1994 According to Bilbray’s financial disclosure form filed in 1995, he made $76,230 in salary as a Supervisor for the County of San Diego the year before. He also received $4,600 in stipends for serving on various government boards: Entity San Diego Association of Governments Air Sources Board (County of San Diego) 1993 Stipend $1,775 $700 37 DCCC Bilbray Research Book Last Updated 2/29/12 San Diego Trolley Board San Diego Special Act District TOTAL $825 $1,300 $4,600 [Bilbray PFD, filed 4/21/94] Past Local Elections 1982: Unsuccessful Candidate for Assembly Seat In 1982, Bilbray ran unsuccessfully for the Republican nomination to the 75th State Assembly District in California. [San Diego Union-Tribune, 2/14/84] Declared Republican Affiliation Bilbray had been a registered independent as mayor of Imperial Beach since 1978, but became a Republican shortly before his campaign for the assembly seat in 1982. [San Diego Union-Tribune, 2/14/84] 1984: Polls Showed Bilbray Formidable in Three-Way Supervisor Seat In January 1984, polling from Dresner-Sykes and Associates showed that Bilbray would be formidable in a three-way race for San Diego Board of Supervisors against the incumbent, Tom Hamilton, and another potential challenger, Chula Vista Mayor Gregory Cox. Both Hamilton and Cox had 30 percent of the vote and Bilbray had 22 percent. [San Diego Union-Tribune, 1/27/84] 1984 Opponent Accused Bilbray of Hiring a Private Investigator In April 1984, Bilbray’s opponent Tom Hamilton accused him of hiring a private investigator to follow members of his staff. Bilbray denied the charges. [San Diego Union-Tribune, 4/01/84] “Maverick … Controversial … Unorthodox” A 1984 profile of Bilbray by the San Diego Union-Tribune described him as “maverick ... controversial ... unorthodox.” [San Diego Union-Tribune, 4/08/84] 1984: Criticized Opponent for County Not Hiring Minorities In May 1984 while at a Chicago Political Forum, Bilbray attacked his opponent Supervisor Tom Hamilton for San Diego County not moving fast enough to comply with a federal court-ordered decree for the county to hire more minorities. Bilbray also said he supported bilingual education. [San Diego UnionTribune, 5/20/84] Bilbray Won Election 38 DCCC Bilbray Research Book Last Updated 2/29/12 In June 1984, Bilbray won the election to the San Diego County Board of Supervisors with 57.9 percent of the vote, or 31,031 total votes. His opponent, incumbent Supervisor Tom Hamilton, received 19,319 votes, or 36 percent. [San Diego Union-Tribune, 6/06/84] 1988: Unopposed for Reelection In 1988, Bilbray was unopposed by any major party candidate for reelection for a second four-year term to the San Diego County Board of Supervisors. [San Diego Union-Tribune, 3/12/88] Backed Dissident Democratic Assemblyman In 1988, Bilbray backed Democratic Assemblyman Steve Peace for reelection, despite Bilbray’s Republican affiliation. At the time, Peace was receiving Republican support due to his opposition to Democratic Speaker Willie Brown. [San Diego Union-Tribune, 5/08/88] Later Denied Endorsement After Peace’s Republican opponent spoke out against Bilbray’s packing of Peace, Bilbray denied that he had endorsed him. “My responsibility transcends political affiliations or political parties. My responsibility is to the citizens of San Diego,” said Bilbray. [San Diego Union-Tribune, 5/10/88] Won Reelection in 1992 In June 1992, Bilbray won reelection to the San Diego County Board of Supervisors with 45,698 votes, or 75 percent of the ballots cast. Challenger Fred Latham took 15,586 votes, or 25 percent. [San Diego UnionTribune, 6/04/92] 1994 Election Passed on Run for Congress . . . In June 1993, Bilbray announced that he would not run for Congress against incumbent Rep. Lynn Schenk, despite being courted by national Republicans. “I will say that I have no intention of running … To keep the system honest, there always has to be the possibility that things change and political decisions change,” said Bilbray. [San Diego Union-Tribune, 6/17/93] Changed Mind on Congressional Run In February 1994, eight months after first ruling out a bid for Congress, Bilbray announced he would challenge Democratic Representative Lynn Schenk. “Everyone knows Bilbray is not one to walk away from a fight,” said Bilbray. [San Diego Union-Tribune, 2/09/94] Opponent Accused Bilbray of Being “Tax-And-Spend Politician” In April 1994, Bilbray’s Republican primary opponent, urologist John Steel, accused him of being “just another tax-and-spend politician.” [San Diego Union-Tribune, 4/12/94] 39 DCCC Bilbray Research Book Last Updated 2/29/12 Lost Straw Poll In May 1994, Bilbray lost a straw poll at the San Diego County Republican convention to his primary opponent John Steel. [San Diego Union-Tribune, 5/10/94] Engaged Opponent in Parking-Lot Shouting Match In November 1994, Bilbray packed down his opponent, Representative Lynn Schenk, at the Mission Valley Radisson hotel and engaged her in a parking-lot shouting match. Schenk was there for an abortionrights rally. [San Diego Union-Tribune, 11/04/94] See Appendix I for a brief overview of paid television ads for past elections involving Brian Bilbray. 2012 Election Endorsed Romney, Endorsed by Romney In December 2011, Bilbray endorsed and was endorsed by former Governor Mitt Romney. Romney had a home in Bilbray’s district. Bilbray said Romney’s “leadership and experience are what this country needs right now.” He also said he believes Romney is the “best candidate to secure the border and put a halt to illegal immigration.” [North County Times, 12/06/11] Bilbray May Face a Tough Re-Election In November 2011, the San Diego Union-Tribune reported that Bilbray may face a tough re-election. They cited a Public Policy Polling poll showing that only 42 percent of voters would like to re-elect Bilbray while 51 percent would prefer someone else. Public Policy Polling conducted the survey for House Majority PAC, an independent committee established to help Democrats, between Oct. 19 and Oct. 23. The poll surveyed 733 registered district voters and had with a margin of error of 3.6 percentage points. [San Diego Union-Tribune, 11/06/11] Faced Several Opponents; Accused of Being RINO and Taking Multiple Public Pensions In November 2011, Bilbray faced several challengers, including Republican opponents who accused him of being a “Republican In Name Only” and taking multiple public pensions. In addition to Democratic challengers Lori Saldaña and Scott Peters, Bilbray faced Republicans Wayne Iverson and John Stahl. Stahl accused Bilbray of being a R.I.N.O (Republican In Name Only) and noted that he had a less than stellar record on score cards by conservative organizations such as the Heritage Foundation and National Taxpayers Union. Stahl pledged to accept no campaign money from political action committees. He also lambasted his opponents for their lack of military service and for taking public pensions, sometimes more than one. [Sign on San Diego, 11/25/11] Received 55 Percent Score From Heritage Action for America Score Card 40 DCCC Bilbray Research Book Last Updated 2/29/12 In January 2012, Bilbray had received a 55 percent score from Heritage Action for America scorecard that encompassed several key votes and co-sponsorship. The scorecard is continuously updated with new votes and legislation. [Heritage Action for America, accessed 1/19/12] Bilbray’s District was Up for Grabs In November 2011, the San Diego City Beat reported that Bilbray’s district was up for grabs: Thanks to a recent redrawing of political boundaries, Democrats have a real chance of taking the new 52nd Congressional District from incumbent Republican Brian Bilbray in 2012, and two high-profile Dems—former state Assemblymember Lori Saldaña and current San Diego Port Commissioner Scott Peters—want to be the one doing the grabbing. [San Diego City Beat, 11/30/11] Faced Conservative Primary Challenge in New District with Democratic Advantage In September 2011, Bilbray faced a conservative primary challenge from the right in a district that had a 2,575 registration advantage for Democrats, which reversed the trend over the past decade of increasing GOP voters in his district. He was also expected to face state Assemblywoman Lori Saldana and potentially former San Diego City Councilman and current Port of San Diego Commission Scott Peters. [North County Times, 9/08/11] Editorial: Bilbray Draws Short Straw In August 2011, a North County Times editorial reported that among the three congressmen who represented northern San Diego County, Bilbray drew the short straw. The North County Times also said that the 2012 election cycle could be Bilbray’s last because credible Democratic candidate former Assemblywoman Lori Saldana announced she would run against him. [North County Times, Editorial, 8/20/11] Bilbray’s Seat Seen as “Attractive Target for a Democratic challenger” In July 2011, the San Diego Union-Tribune reported on Bilbray’s difficulties in reelection: The new maps will make it more difficult for at least one congressional Republican incumbent — Brian Bilbray — to win re-election and appear to put three prominent Democrats into one congressional district.” Bilbray entered the 2012 campaign with a Republican voter registration edge of just three point, down from nine-points in 2010. He was “an attractive target for a Democratic challenger. One possibility: former Assemblywoman Lori Saldaña, D-San Diego. [San Diego Union-Tribune, 7/29/11] Described as an Incumbent who Should be Concerned In July 2011, Bilbray was listed as an incumbent in California who should be concerned. The Hill reported, “Other incumbents who should be concerned include Democrats Linda Sanchez and Jim Costa, and Republicans Brian Bilbray, Dan Lungren and Mary Bono Mack.” [The Hill, 7/28/11] Was Expected to Face Strong Challenge from Democratic Party 41 DCCC Bilbray Research Book Last Updated 2/29/12 In July 2011, the California Republican party signaled they planned to sue over redistricting, because under the plan they could lose up to five seats, including Bilbray’s. Bilbray was expected to face a strong challenge from the Democratic Party in the new district. GOP consultant John Dadian in San Diego said he expects Bilbray will face a concerted challenge, but will hang on to his seat. [North County Times, 7/23/11] Business-Minded Democrat Could Have a Shot at Unseating Bilbray In July 2011, a Democratic consultant said Bilbray was in a district that could be won by a Democrat. “Though he remains relatively safe, a business-minded Democrat could have a shot at unseating Bilbray,” said Chris Crotty, a Democratic political consultant. [San Diego Union-Tribune, 7/20/11] Rothenberg: Excluded Bilbray from List of Members Who Could Receive Strong Challenges In July 2011, the pollster Stuart Rothenberg excluded Bilbray from the districts where he thought “Republican incumbents could receive strong challenges.” He noted that Bilbray was included in the group of Republicans that “seem less vulnerable, either because strong challengers have not announced, district fundamentals argue against the Democrats or redistricting is likely to lessen the Democrats’ chances dramatically.” [Roll Call, Rothenberg editorial, 7/19/11] Admitted Republicans Were Thrown Out After Bush Years Because They Were Not Fiscally Responsible In June 2011, Bilbray was asked on MSNBC with Cen Uygur, whether or not it was convenient for Republicans not to question spending increases or increases in the debt ceiling during a Republican presidency, but criticize the same policies under a Democratic presidency. Bilbray said, “Republicans were thrown out because they didn’t do the fiscal oversight that the House was supposed to do. So you’ve got to just accept that the voters have the final say here.” [MSNBC, Newsbusters.org, 6/01/11] 42 DCCC Bilbray Research Book Last Updated 2/29/12 Lobbying Career Bilbray worked as a lobbyist for several organizations following his defeat in 2000, registering as a lobbyist just three months after leaving office. Bilbray has received over $10,000 in contributions from employees of his lobbying clients. The following section provides an overview of the organizations and his work based on filings with the Clerk of the House of Representatives and the Secretary of the Senate. Filed Registration Just Three Months After Leaving Office Bilbray filed his first lobbyist registration forms in May of 2001, but did not note an effective date of registration. In amendments filed in 2002, Bilbray put the effective date of his registration as April 17, 2001. [Senate Lobbying Reports filed 5/18/01; 2/14/02] Denied Using Floor Privileges to Assist Lobbying Clients In June 2005, The Hill reported that “[s]everal sources, including one GOP lawmaker, said ex-Rep. Brian Bilbray (R-Calif.) uses his floor privilege to lobby in the House chamber.” In the same article, Bilbray denied the allegation. “I’ve never done that. That’s not right. When there is something I’m interested in, I’ll go in and listen to the debate or watch it in the gallery.” [The Hill, 6/07/05] House Later Stripped Floor Privileges for Former Members Registered as Lobbyists Following lobbyist Jack Abramoff’s January 2006 guilty plea on charges of influence peddling and bribing members of Congress and their staff, both the Republican and Democratic leadership announced lobbying reform proposals. Both the Republican and Democratic reform proposals included stripping former members of Congress of their access to the House floor and the House gym. [Washington Times, 1/18/06; Washington Times, 1/23/06] On February 1, 2006, the House voted 397-50 to indefinitely suspend the floor privileges of Bilbray and other former House members who became registered federal lobbyists. [H.Res 648, Vote #3, 2/01/06] Fought to Protect “Consultant” Title on Special Election Ballot In 2006, Bilbray fought and won a legal battle to be called an “immigration reform consultant” on the special election ballot. Another campaign had challenged the designation because Bilbray was also a registered lobbyist. [San Diego Union-Tribune, 3/09/06] Made Over $150,000 Lobbying in 2005 In 2006, Bilbray reporting earning $156,250 working for various lobbying clients in 2005. His clients and earnings are summarized below. 43 DCCC Bilbray Research Book Last Updated 2/29/12 Organization FAIR Congressional Task Force Federation of American Immigration Reform Viejas Band of Mission Indians, Alpine, CA Hotel del Coronado, Coronado, CA KSL Encinitas Resort, Carlsbad, CA CONAPA, Solana Beach, CA Conquer Alzheimer’s & Cancer Now, San Diego CA TOTAL Income $40,000 $40,000 $33,000 $30,000 $5,000 $6,000 $2,250 $156,250 [Bilbray PFD, filed 2/28/06] Bilbray also listed sources of compensation in excess of $5,000 paid by one source for two years prior to declaring his candidacy. In addition to the organizations he lobbied for in 2006, he listed the San Diego County Regional Airport Authority and the Archery Trade Association. [Bilbray PFD, filed 2/28/06] Made Over $90,000 Lobbying in 2006 In 2007, Bilbray reported earning $93,000 working for various lobbying clients in 2006. His clients and earnings are summarized below. Organization FAIR Congressional Task Force Viejas Band of Mission Indians, Alpine, CA Solution Strategies, Los Angeles, CA KSL Encinitas Resort, Carlsbad, CA TOTAL Income $32,000 $35,000 $1,000 $25,000 $93,000 [Bilbray PFD, filed 6/06/07] Registered as “Consultant” to County of Los Angeles In 2001, Bilbray filed a lobbying registration form with the Clerk of the House of Representatives listing himself as a “consultant” for the County of Los Angeles. A registration from 2002 listed him as a “political advisor on immigration, health issues, welfare reform, law-enforcement” to the county. [Lobbying Registration, filed 5/18/01; Lobbying Registration, filed 2/14/02] The following summaries payments to Bilbray as indicated by lobbying reports filed with the Secretary of the Senate: Year January 1-June 30, 2001 July 1-December 31, 2001 Income $6,667 $20,000 Source Lobbying Report, filed 8/17/01 Lobbying Report, filed 2/14/02 Conquer Cancer and Alzheimer’s Now 44 DCCC Bilbray Research Book Last Updated 2/29/12 In 2001, Bilbray registered as a “consultant” for Conquer Cancer and Alzheimer’s Now with the Clerk of the House of Representatives. [Lobbying Registration, filed 5/18/01] In 2002, Bilbray updated his registration to include his description of activities as “Political advisor on health research issues” and the client’s business as “Fundraising for medical research.” The registration had an effective date of April 17, 2001. [Lobbying Registration, filed 2/14/02] The following summaries payments to Bilbray as indicated by lobbying reports filed with the Secretary of the Senate: Year January 1-June 30, 2001 July 1-December 31, 2002 January 1-June 30, 2003 July 1-December 31, 2003 January 1-June, 2004 July 1-December 31, 2004 January 1-June 30, 2005 Income $10,000 None $10,000 Less than $10,000 Less than $10,000 Less than $10,000 Less than $10,000 Source Lobbying Report, filed 8/17/01 Lobbying Report, filed 1/31/03 Lobbying Report, filed 8/27/03 Lobbying Report, filed 3/12/04 Lobbying Report, filed 8/25/04 Lobbying Report, filed 2/15/05 Lobbying Report, filed 8/11/05 He terminated his work for them effective December 31, 2005 according to reports filed with the Clerk of the House of Representatives. [Lobbying Report, filed 2/14/06] For more information on Bilbray’s work for Conquer Cancer and Alzheimer’s Now, please see the section “Roger Chapin and Brian Bilbray.” Viejas Band of Kumeyaay Indians In 2001, Bilbray registered as a the “Director of Political Affairs” for the Viejas Band of Kumeyaay Indians with the Clerk of the House of Representatives. The registration had an effective date of July 1, 2001. [Lobbying Registration, filed 5/18/01] Received $80,000 in 2004 In 2004 and 2005, Bilbray filed lobbying reports of his work for the Viejas Band of Kumeyaay Indians. For each six-month reporting period he reported earning $40,000, rounded to the nearest $20,000. He worked on issues related to gaming and the preservation of a local health clinic. [Lobbying Report, filed 8/12/04; Lobbying Report, filed 2/02/05] The following summaries payments to Bilbray as indicated by lobbying reports filed with the Secretary of the Senate: Year July 1-December 31, 2001 January 1-June 30, 2002 July 1-December 31, 2002 January 1-June 30, 2003 Income $40,000 $40,000 $40,000 $42,000 Source Lobbying Report, filed 2/14/02 Lobbying Report, filed 9/04/02 Lobbying Report, filed 1/31/03 Lobbying Report, filed 8/27/03 45 DCCC Bilbray Research Book Last Updated 2/29/12 July 1-December 31, 2003 January 1-June 31, 2004 January 1-June 30, 2005 July 1-December 31, 2005 $20,000 $40,000 $20,000 $20,000 Lobbying Report, filed 3/12/04 Lobbying Report, filed 8/25/04 Lobbying Report, filed 8/11/05 Lobbying Report, filed 2/15/06 He terminated his work for them effective December 31, 2005 according to reports filed with the Clerk of the House of Representatives. [Lobbying Report, filed 2/14/06] Benedetto Advocacy & Communications In 2002, Bilbray filed a lobbying registration form with the Clerk of the House of Representatives listing his activities for Benedetto Advocacy & Communications as a political consultant. His lobbying issues were listed as border pollution, environmental quality, and foreign relations. The Bajagua Project was listed as an affiliated organization, contributing more than $10,000 to the lobbying activities of the registrant. The registration had an effective date of registration of April 26, 2001. [Lobbying Registration, filed 2/14/02] Later Reports Show Bilbray Made Thousands Lobbying reports filed with the Secretary of the Senate in 2001 and 2002 show that Bilbray made thousands working for Benedetto Advocacy on behalf of the Bajagua Project. In 2001 he made $35,000 working on issues related to the Tijuana Valley. [Lobbying Report, filed 8/17/01; Lobbying Report, filed 2/14/02] Founded by Former Bilbray Staffer Benedetto Advocacy & Communications was founded by Craig Benedetto, who was a staffer for Bilbray when Bilbray was on the San Diego County Board of Supervisors and who ran Bilbray’s 1994 congressional primary campaign. [San Diego Union-Tribune, 11/13/05] Bajagua Sought No-Bid Federal Contract for Sewage Cleanup Starting in 1999, Bajagua had sought a no-bid, single-source federal contract from the United States International Boundary and Water Commission (USIBWC) to build a wastewater treatment plant on the Mexico side of the United States/Mexico border to treat polluted water from the Tijuana River. The company then planned to purify the wastewater to the point that it could be resold in Mexico as drinking water or for agricultural purposes. [San Diego Union-Tribune, 11/13/05] Bilbray Previously Sponsored Bill Encouraging Bajagua Project On November 16, 1999, Bilbray and Rep. Bob Filner (D-CA) sponsored the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 1999 (HR 3378), which expressed the sense of Congress that the treaty between the United States and Mexico regarding wastewater treatment along the border be amended to allow for sewage from the Tijuana River to be treated at a plant located on the Mexican side of the border. 46 DCCC Bilbray Research Book Last Updated 2/29/12 The existing treaty called for the wastewater to be treated in the United States. On September 12, 2000, HR 3378 passed the House on a voice vote, but died in the Senate Committee on Environment and Public Works. [HR 3378, 106th Congress] Bilbray then reintroduced his sense of Congress bill as an amendment to HR 2415. On July 21, 1999, Bilbray’s amendment passed 427-0 and HR 2415 passed the House on a voice vote. However, Bilbray’s amendment was removed in the Senate and not included in the final version of the bill. [HR 2415, Bilbray Amendment, Vote #327, 7/21/99] Introduced Provision to Grant No-Bid Contract to Bajagua In 2000, Bilbray and Filner inserted language into S 835 that authorized $156 million for the USIBWC to move forward with a wastewater treatment plant on the Mexican side of the border as soon as the treaty regulating the border was amended to allow the plant. Bilbray’s provision also required the plant to be built by a public-private partnership and excluded it from open contract bidding, thereby guaranteeing that the contract would be awarded to Bajagua. The provision was included in the final version of S 835, which passed the House on September 12, 2000 on a voice vote and was signed by the President in November 2000. S 835 was originally a bill to increase protection of estuaries around Chesapeake Bay. [San Diego Union-Tribune, 11/26/00] On September 12, 2000, during a House floor speech, Bilbray read part of a letter from the mayor of Tijuana supporting HR 3378. The letter explicitly stated that the bill was for the specific benefit of Bajagua: Bajagua represents the kind of entrepreneurial solution that will not only help comprehensively meet both of our constituents’ sewage treatment needs, it will also provide a much needed source of water for the citizens and businesses of Tijuana. [Congressional Record, 11/12/00] Treaty Signed to Allow Wastewater Treatment on Mexican Side of Border In February 2004, the United States and Mexico signed a treaty that would allow wastewater from the Tijuana River to be treated on the Mexican side of the border. This treaty was necessary for the Bajagua project to go forward. Following the signing announcement, Bilbray praised the treaty and expressed hope that it would allow the Bajagua project to be built: There’s been so much maneuvering back and forth. Hopefully, this time they will try to get something completed. If this project can work, it can really set a precedent for environmental projects overseas. [San Diego Union-Tribune, 2/24/04] Federation for American Immigration Reform 47 DCCC Bilbray Research Book Last Updated 2/29/12 In 2002, Bilbray filed a lobbying registration form with the Clerk of the House of Representatives listing his activities for the Federation for American Immigration Reform as a political advisor on immigration. His effective date of registration was May 15, 2002. [Lobbying Registration, filed 6/13/02] Received $40,000 in 2004 In 2004, Bilbray filed a lobbying report of his work for the Federation for American Immigration Reform. He had received $40,000, rounded to the nearest $20,000, from the organization in the year 2004 for the first half of the year. He received an additional $40,000 for the second half of the year according to later reports. [Lobbying Report, filed 8/12/04; Lobbying Report, filed 2/02/05] Ended Work in 2005, Made $80,000 In 2005, Bilbray filed a lobbying report terminating his work for the Federation for American Immigration Reform. For both of the six month periods of the year he had received $40,000, rounded to the nearest $20,000, for his services. The termination was effective December 31, 2005. [Lobbying Report, filed 2/14/06; Lobbying Report filed 8/03/05] The following summaries payments to Bilbray as indicated by lobbying reports filed with the Secretary of the Senate: Year July 1-December 31, 2002 January 1-June 30, 2003 July 1-December 31, 2003 January 1-June 31, 2004 July 1-December 31, 2004 January 1-June 30, 2005 July 1-December 31, 2005 Income $40,000 $48,000 $40,000 $40,000 $40,000 $40,000 $40,000 Source Lobbying Report, filed 1/31/03 Lobbying Report, filed 8/27/03 Lobbying Report, filed 3/12/04 Lobbying Report, filed 8/25/04 Lobbying Report, filed 2/15/05 Lobbying Report, filed 2/02/06 Lobbying Report, filed 2/15/06 Denied FAIR was a Hate Group In 2011, it was reported that Bilbray was a of FAIR’s board of advisers since 2001. Bilbray talked about FAIR and defended the organization. “I think FAIR is leading-edge,” Bilbray said. “I may not agree with everything, but they really stand up and say the illegal immigration issue is not sustainable. You cannot continue to have 1 million illegal’s coming in continuously and maintain rule of law and maintain the quality of life that Americans take for granted.” [Sign On San Diego, 5/04/11] San Diego Regional Airport Authority In 2004, Bilbray filed a termination report for his work for the San Diego Regional Airport Authority effective April 30, 2004. He had received $40,000, rounded to the nearest $20,000, for the first six months in 2004. He had worked on FAA funding. His effective date of registration had been November 1, 2003 according to a lobbying report filed at the same time. [Lobbying Report, filed 8/12/04; Lobbying Registration, filed 8/12/04] 48 DCCC Bilbray Research Book Last Updated 2/29/12 According to the Secretary of the Senate, he had receives less than $10,000 for the period of July 1 to December 31, 2003. [Lobbying Report, 3/12/04] San Diego Gas and Electric Bilbray earned $40,000 working as a “legislative advocate” for San Diego Gas and Electric in 2002. He registered with the Secretary of the Senate effective August 1, 2002 and was paid $40,000 for work over the final months of the year through December 31, 2002. [Lobbying Registration 1/31/03] No History of Lobbying in California A search of California lobbyist registrations from 2001 to 2007 did not return any registration for Brian Bilbray. [California Secretary of State website, accessed 11/02/11] 49 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray – Republican Extremist Significant Findings Defended Herman Cain from Allegations of Sexual Harassment Bilbray is a loyal Republican partisan, going so far as to defend Herman Cain from allegations of sexual harassment in November 2011. Bilbray Defended Herman Cain During a Tea Party meeting in November 2011, Bilbray defended Herman Cain from allegations of sexual harassment, saying Cain was being attacked “for doing something that the Senate of the United States has already said does not disqualify you as president.” Bilbray was referencing his vote to impeach President Clinton during the 1990s. [San Diego Union-Tribune, 11/25/11] Speaker Boehner Hosted Fundraiser for Bilbray In October 2011, Bilbray was scheduled to have a fundraiser with Speaker John Boehner. The “Congressional Circle Roundtable Reception” and “General Reception” with Boehner, according to the invite posted on the Sunlight Foundation’s PartyTime website, was set in Coronado and hosted by “Scott & Susan McMillin and Mark & C’Ann McMillin,” of a local real estate development family. The host committee included General Atomics owner and Predator builder Linden Blue, weight-loss maven Jenny Craig, lobbyist Ben Haddad, developer Tom Sudberry, and various other local GOP donors. Contribution levels ranged from $500 to $2,500 per person. [San Diego Reader, 10/12/11] Walked out of Vote Holding White House Officials in Contempt In 2008, Bilbray walked out of a vote finding former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten in contempt of Congress for refusal to comply with subpoenas issued by the Judiciary Committee regarding the dismissal of eight U.S. attorneys in December 2006. The Judiciary Committee also would be authorized to initiate or intervene in judicial proceedings to enforce certain subpoenas. [CQ Floor Votes, 2/14/08] Only 34 Republicans voted on the measure after Minority Leader led a walkout because of partisan disagreements on the Foreign Intelligence Surveillance Act. [CQ Today, 2/14/08] The bill passed 223-32. [H Res 979 and H Res 980, Vote #60, 2/14/08] Voted to Allow Bogus Ethics Inquiry into Obey 50 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a motion to table a privileged resolution proposed by Rep. John Boehner, R-Ohio, that would call for an ethics committee investigation of Rep. David R. Obey, D-Wis., for his actions related to congressional earmarks. Rep. Boehner’s resolution alleged that Rep. Obey violated House rules when he sent a letter to Republicans asking if they favored an earmark ban. In the letter asked members to inform his committee whether they want to bar the practice or keep providing “responsible earmarks.” The resolution called for a probe by the Standards of Official Conduct Committee, commonly known as the ethics panel. [Congressional Quarterly, 3/15/08] The motion to table would have prevented a vote on the privileged resolution. Voting against the motion meant allowing the privileged resolution to come to the floor for a vote. The motion to table the resolution was agreed to by a vote of 219-193. [H Res 1040, Vote #128, 3/12/08] Supported Partisan Delay of Resolution Honoring Mother’s Day In May 2008, Bilbray voted against a motion to table reconsideration of the vote on adoption of the resolution that would celebrate the role of mothers in the United States and support the goals and ideals of Mother’s Day. [CQ Floor Votes, 5/07/08] The motion to reconsider came after a unanimous 412-0 vote to approve the resolution. According to Minority Leader John Boehner, “we just wanted to make sure that everyone was on record in support of Mother’s Day.” [Washington Post, 5/09/08] The motion passed 237-178. [H Res 1113, Vote #275, 5/07/08] Voted to Support Vice President Cheney In 2007, Bilbray voted against an amendment by Rep. Emanuel (D-IL) to eliminate the vice president’s executive office budget, a move that Democrats tied to Cheney’s assertion that his office didn’t need to comply with national security disclosure rules required of other executive branch agencies. [The Star-Ledger, 6/29/07] The amendment was defeated 207 – 207. [HR 2829, Vote #596, 6/28/07] Voted to Allow a Vote on Cheney Impeachment In 2007, Bilbray voted against a motion to refer the Kucinich privileged resolution to the Judiciary Committee that would bring articles of impeachment against Vice President Dick Cheney for “high crimes and misdemeanors.” [CQ Floor Votes, 11/06/07] The motion to refer the resolution to the Judiciary Committee, if passed, would effectively kill the legislation. 51 DCCC Bilbray Research Book Last Updated 2/29/12 Many Republicans wanted to allow a vote on impeachment to embarrass the Democrats. [CQ Today, 11/06/07] This motion passed 218-194. [H RES 799, Vote # 1039, 11/06/07] Voted Against Tabling Vote on Cheney Impeachment In 2007, Bilbray voted against a motion to table, or kill, the Kucinich privileged resolution that would bring articles of impeachment against Vice President Dick Cheney for “high crimes and misdemeanors.” [CQ Floor Votes, 11/06/07] This motion failed 162-251. [H RES 799, Vote # 1037, 11/06/07] 52 DCCC Bilbray Research Book Last Updated 2/29/12 Looking Out for Himself Significant Findings Collecting Taxpayer Funded Pension Inconsistent on Pay Raises Paid Family Out of Campaign Account Received Thousands in Gifts as County Supervisor Bilbray is a career politician, having served in both local and federal government for over thirty years. He receives a taxpayer funded pension in addition to his Congressional salary, which has gone up over 30 percent since he entered Congress. He also received a pay raise as a member of the San Diego County Board of Supervisors. While Supervisor, Bilbray received thousands in gifts and fought to protect free sports tickets given to Supervisors. 2010: Collected $28,000 in Taxpayer Funded Pension In 2010, Bilbray earned income of $15,000 from a County of San Diego Public Employee Pension and $13,000 from CALPERS, the California Public Employee Retirement System. [Bilbray PFD, filed 6/15/11] Collected $26,000 in 2009 Bilbray began listing his retirement income on his personal financial disclosure in 2009 at the age of 58. He received $14,000 from a County of San Diego Public Employee Pension and $12,000 from CALPERS, the California Public Employee Retirement System. [Bilbray PFD, filed 5/13/10] One of Seventeen Californian Representatives Collecting Public Pensions In 2012, the San Diego Union-Tribune reported that seventeen members of Congress from California, including Bilbray, were collecting taxpayer funded pensions while receiving salary from the House of Representatives. The list included four Republicans and thirteen Democrats. [San Diego Union-Tribune, 1/16/12] Inconsistent on Pay Raises 53 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray has an inconsistent record on voting for Congressional pay raises, but has seen his pay go up by over $40,000 since coming to Congress. Voted to Block the Cost of Living Pay Increase for Members of Congress in 2010 In 2010, Bilbray voted to block the automatic cost of living pay increase for members of Congress in 2011. The bill would continue the pay freeze instituted for 2010 as part of the fiscal 2009 omnibus appropriations law. Absent Congress’ action to block it, most members would have received a $1,600 raise for the 2011 calendar year. [CQ Weekly, 5/03/10] The bill passed, 402-15. [HR 5146, Vote #226, 4/27/10] Note: A “Yes” vote is a vote against this pay raise. Supported Congressional Pay Raise in 2007 In 2007, Bilbray voted in favor of a measure to kill an amendment that would block an automatic pay hike for members of Congress. By voting against the effort to consider the amendment, Bilbray voted against a 2.5 percent salary increase ($4,400) for an annual salary of $169,600. [Washington Post, 6/28/07] The motion to kill the amendment passed 244-181. [HR 517, Vote #580, 6/27/07] NOTE: A “No” vote is a vote against a pay raise. Voted to Block Vote on Congressional Pay Increase Four Times 2006: Bilbray voted to kill an amendment that would block an automatic pay hike for members of Congress. By killing the attempt to block the pay raise, Bilbray voted to receive a 2 percent increase (worth $3,304) and an annual salary of $165,200. The effort to block the anti-pay raise amendment passed 249-167. [CQ Floor Votes, 6/13/06; H RES 865, Vote #261, 6/13/06] NOTE: This pay raise was later blocked by the Democratic Congress in 2007. 2000: Bilbray voted in favor of a motion to order the previous question (thus ending debate and possibility of amendment) on adoption of the rule to provide for House floor consideration of the bill that would appropriate $31.7 billion in fiscal 2001 for the Treasury Department, U.S. Postal Service, various offices of the Executive Office of the President and certain independent agencies. The motion passed 250-173. Congressional pay increased $3,800 from 2000 to 2001. [CQ Floor Votes, 7/20/00; H Res. 560, Vote #419, 7/20/00] 1999: Bilbray voted in favor of a motion to order the previous question (thus ending debate and possibility of amendment) on adoption of the rule to provide for 54 DCCC Bilbray Research Book Last Updated 2/29/12 House floor consideration of the bill that would appropriate funds in fiscal 2000 for the Treasury Department, U.S. Postal Service, various offices of the Executive Office of the President and certain independent agencies. If the motion had been defeated, an amendment to block the Congressional pay raise would have been allowed. The motion passed 276-147. Congressional pay increased $4,600 from 1999 to 2000. [CQ Floor Votes, 7/15/99H Res. 246, Vote #300, 7/15/99] 1997: Bilbray voted in favor of a motion to order the previous question (thus ending debate and possibility of amendment) on adoption of the rule to provide for House floor consideration of the bill that would appropriate funds in fiscal 1998 for the Treasury Department, U.S. Postal Service, various offices of the Executive Office of the President and certain independent agencies. If the motion had been defeated, an amendment to block the Congressional pay raise would have been allowed. The motion passed 229-199. Congressional pay increased $3,100from 1997 to 1998. [CQ Floor Votes, 9/24/97; HR 2378, Vote #435, 9/24/97] Has Accepted $40,400 in Pay Raises When Bilbray first took office in Congress in 1995, he earned $133,600 as a Congressional salary. Today, Bilbray earns a Congressional salary of $174,000, an increase of $40,400, or an increase of over 30 percent. [Congressional Research Service; Washington Post, 6/28/07] Bilbray Received Pay Raise as County Supervisor Between 1984 and 1994, Bilbray’s salary as a county supervisor increased by 37 percent. When Bilbray joined the County Board of Supervisors in 1985, his salary was $53,000. By 1994, Bilbray was making $72,570. In fiscal 1993-1994, the board of supervisors approved a salary of $72,570, an increase of $19,570 or 36.9 percent. In January 1994, supervisors approved a 5 percent pay increase and gave their aides an 8 percent pay raise. At the time, the supervisor’s salary was set to be equal to 80 percent of a Municipal Court judge’s salary. [San Diego Union-Tribune, 1/02/85; 5/26/94; 6/22/94] Note: The salary for supervisors was reduced slightly in fiscal 1988-1989 and again in fiscal 1992-1993. Bilbray Opposed Pay Increase for Local Government Staff In February 1993, Bilbray opposed a proposed 4 percent pay raise for local government staff in San Diego County and a 3.9 percent benefit increase for its top administrator. “My attitude is that it is just rubbing salt into the wounds of people who have to take pay cuts," Bilbray said. “It’s inappropriate.” [San Diego Union-Tribune, 2/19/93] 1994: Bilbray Absent for Pay Raise Vote In February 1993, Bilbray was absent when the San Diego Association of Governments board unanimously recommended the 4 percent pay raise. [San Diego Union-Tribune, 2/20/93] 55 DCCC Bilbray Research Book Last Updated 2/29/12 San Diego Union-Tribune Criticized Bilbray Nepotism In June 2007, the San Diego Union-Tribune wrote an editorial criticizing the paying of family members with campaign funds. Their list of accused local lawmakers included Bilbray, who had paid his daughter, Briana, nearly $1,800 during the 2006 campaign. [San Diego Union-Tribune, 6/20/07] Paid Wife’s Tax Services Over $49,000 from Campaign Bilbray’s campaign has paid Bilbray Tax Services $49,589 for accounting and payroll services since 2001. Since February 2007, Bilbray’s campaign has made almost regular $1,000 payments for accounting on a monthly basis. [CQ Moneyline, accessed 10/12/11] Payor Name BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS Payee Name BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE Amount $1,000.00 Date 3/02/2011 $1,000.00 2/02/2011 $1,000.00 1/04/2011 $1,000.00 12/28/2010 $1,000.00 11/23/2010 $1,000.00 10/07/2010 $1,000.00 9/01/2010 $1,000.00 8/10/2010 $1,000.00 7/13/2010 $1,000.00 6/22/2010 $1,000.00 5/31/2010 $1,000.00 2/19/2010 $1,000.00 2/04/2010 $1,000.00 1/12/2010 $1,000.00 12/30/2009 $1,000.00 11/11/2009 56 DCCC Bilbray Research Book Last Updated 2/29/12 Type Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Purpose Accounting Services Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Fees Accounting Accounting Services Accounting Fees Accounting Services Accounting Services Accounting Services Accounting Services Accounting Services BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE $1,000.00 BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 10/23/2009 Operating Expenses 9/01/2009 Operating Expenses 9/01/2009 Operating Expenses 8/03/2009 Operating Expenses 8/03/2009 Operating Expenses 7/02/2009 Operating Expenses 7/02/2009 Operating Expenses 5/07/2009 Operating Expenses 4/01/2009 Operating Expenses 3/02/2009 Operating Expenses 2/02/2009 Operating Expenses 1/05/2009 Operating Expenses 11/27/2008 Operating Expenses 11/11/2008 Operating Expenses 1/04/2008 Operating Expenses 12/05/2007 Operating Expenses 11/06/2007 Operating Expenses 10/04/2007 Operating Expenses 9/01/2007 Operating Expenses 8/14/2007 Operating Expenses 7/03/2007 Operating Expenses 6/04/2007 Operating Expenses 5/04/2007 Operating 57 DCCC Bilbray Research Book Last Updated 2/29/12 Accounting Fees Bookkeeping Services Bookkeeping Services Accounting Fees Accounting Fees Accounting Services Accounting Services Accounting Fees Accounting Accounting Services Accounting Accounting Services Payroll and Accounting Service Payroll and Accounting Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll Accounting & CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS RE-ELECT BRIAN BILBRAY FOR CONGRESS Total SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE BILBRAY TAX SERVICE Expenses Operating Expenses Operating Expenses Operating Expenses Operating Expenses Payroll Accounting & Payroll Accounting & Payroll Accounting & Payroll PROFESSIONA L FEE $1,000.00 4/03/2007 $1,000.00 4/03/2007 $1,000.00 2/07/2007 $650.00 8/01/2001 BILBRAY TAX SERVICE $1,950.00 7/17/2001 Operating PROFESSIONA Expenses L FEE BILBRAY TAX SERVICE $650.00 4/09/2001 Operating PROFESSIONA Expenses L FEE BILBRAY TAX SERVICE $650.00 3/19/2001 Operating PROFESSIONA Expenses L FEE BILBRAY TAX SERVICE $650.00 2/12/2001 Operating PROFESSIONA Expenses L FEE BILBRAY TAX SERVICE $650.00 1/05/2001 Operating PROFESSIONA Expenses L FEE $49,200.00 [CQ Moneyline, accessed 10/12/11] Received Thousands While Member of the San Diego County Board of Supervisors In 1986, Bilbray topped the other members of the San Diego County Board of Supervisors for the value of gifts he received. He received gifts worth $6,738, including honorary membership in the Southwestern Yacht Club, valued at $2,477. Bilbray said he had never used the membership and it should not really be counted in his statements of economic interests. [San Diego Union-Tribune, 4/17/87] Topped Gifts in 1987 In 1987, Bilbray received the highest value of gifts among the county supervisors. He received $7,800 in free trips, meals, tickets, and other gifts. [San Diego Union-Tribune, 4/01/88] Received $8,335 in 1988 In 1988, Bilbray reported receiving $8,335 in gifts as a member of the Board of Supervisors. The gifts included tickets to a Frank Sinatra concert provided by the Home Federal Savings and Loan. [San Diego Union-Tribune, 4/10/89] 58 DCCC Bilbray Research Book Last Updated 2/29/12 Took $3,584 in Gifts in 1989 In 1989, Bilbray received $3,574 in gifts as a member of the San Diego Board of Supervisors. [San Diego Union-Tribune, 4/14/90] Thousands in Sports Tickets in 1990 In 1990, Bilbray reported the largest gift total again. He received $3,822 worth of gifts, including free stadium tickets to attractions ranging from a truck pulling contest to Chargers and Padres games. These sport passes were valued at $2,461 for Bilbray. [San Diego Union-Tribune, 4/04/91] Bilbray Defended Free Stadium Passes In June 1989, Bilbray defended the free stadium passes he and other politicians received as gifts. “Do you really think we could be unduly influenced by getting those passes?” Bilbray asked. He also said the cap on accepting gifts was difficult for his wife, who saw the passes as “one of the few perks that goes along with all this political stuff she has to put up with.” [San Diego Union-Tribune, 7/07/89] Fought to Protect Free Sports Tickets In January 1990, the San Diego County Board of Supervisors sent the county counsel, Lloyd M. Harmon Jr., to ask the California Fair Political Practices Commission to rewrite proposed regulations to grant an exemption to county supervisors from publicly reporting their gifts of complimentary ducats to every event at San Diego Jack Murphy Stadium. This would allow County Supervisors to accept tickets to Padres and Chargers games without disclosing them to the public. “It’s absurd to have two partners in a stadium, and have one partner treated one way and another treated totally different,” said Bilbray. [Los Angles, 1/10/90] Wasted Taxpayers’ Money to Argue Case According to the San Diego Union-Tribune, the supervisors spent $4,000 of taxpayers’ money to argue these cases before the Fair Political Practices Commission. [San Diego Union-Tribune, 6/07/89, 4/14/90] Authorized Thousands for Redwood Office Partitions In December 1992, despite a budget crunch that caused San Diego County to try and cut welfare payments and send its workers home without pay, Bilbray authorized spending $25,000 in county funds for redwood office partitions. The partitions, which would have separated receptionists in the supervisors’ common office, were scheduled to be installed in the office that Bilbray was vacating at the end of the year. [San Diego Union-Tribune, 12/17/92] Criticized for Spending Money for New Stationary In 1993, Bilbray was criticized in The Daily California for spending $754 to have the word “Chairman” added to his official stationery. Bilbray was criticized for this wasteful spending because San Diego County was having financial difficulties at the time. In addition, Bilbray was criticized for spending the 59 DCCC Bilbray Research Book Last Updated 2/29/12 money to change his title because his position was Chairman was only temporary. [The Daily California, 8/29/93] Fundraising for Sail San Diego Questioned In 1990, Sail San Diego, a sailing syndicate operated out of Bilbray’s Supervisor’s office, collected nearly $100,000 from companies that require county approval for various projects. Critics said Bilbray’s role as a fundraiser for the group raised questions about his role as supervisor. [San Diego Union-Tribune, 7/07/91] Tackled Ethical Questions In 1991, Bilbray urged the Board of Supervisors to address the legal gray area surrounding supervisors fundraising for non-profit groups. [San Diego Union-Tribune, 7/07/91] DA Quested Bilbray’s Involvement The San Diego County District Attorney viewed Bilbray’s involvement with Sail San Diego as unethical. The D.A.’s report stated that Waste Management’s methods of lobbying for influence, including the $50,000 donation to Sail San Diego “suggest an unseemly effort . . . to manipulate local government for its own business ends.” At the time, Waste Management, Inc. was seeking to develop a landfill in Gregory Canyon, which is located in San Diego County. [Los Angeles Times, 4/02/92] $16,395.34 in Privately-Funded Travel Bilbray has a history of accepting privately-funded travel. Based on available records, he has received $16,395.34 in paid trips during the course of his congressional career. Because the Legislative Resource Center does not maintain records after six years, the records for Bilbray’s first six years in office may be incomplete. Date Destination(s) July/August-99 Australia March-00 Phoenix, AZ Sponsor Australia/US Business Leaders Forum Health Industry Manufacturers Association Expenses $14, 642.34 $1,753.00 $16,395.34 [Staff Privately-Funded Travel Disclosure Forms; Legistorm, accessed 10/12/11] Trip to Australia In 1999, Bilbray filed a financial disclosure amendment detailing his trip to Australia from July 31, 1999 to August 22, 1999 paid for by the Australia-US Business Leaders Forum. The trip from San Diego to Sydney and back included lodging, food and also paid for a family member. Bilbray spent 16 days not at the sponsor’s expense and spending his own money, leaving the other six 60 DCCC Bilbray Research Book Last Updated 2/29/12 days as days the sponsors paid for lodging and food. The cost for the trip, paid for by the sponsors, was $14, 642.34. [Bilbray PFD, filed 9/28/00; Bilbray Employee Travel Disclosure Form, filed 9/28/00] Bilbray missed the following votes during his trip. Date, Bill Number, Vote Number Issue, Vote 8/02/99, HR 2488, Vote #356 Motion to instruct the House conferees on the taxreconciliation bill to limit tax reductions to no more than 25 percent of the currently projected nonSocial Security budget surplus in order to preserve the surplus to shore up Social Security and Medicare. The motion was rejected, 205-213 Passage of a bill to allow the state of Arizona to reinvest interest and dividends generated from state trust funds rather than using all of the revenue for public schools, universities and other institutions. The bill passed 416-0. Passage of a bill to increase protection for subcontractors on federal construction projects by requiring that the general contractor obtain payment bonds equal to the total value of the contract. The bill passed 416-0. Amendment to the Foreign Operations Appropriations bill to prohibit the use of any funds in the bill for new projects by the Overseas Private Investment Corporation (OPIC). The amendment was rejected 103-315. Amendment to the Foreign Operations Appropriations bill to prohibit the use of funds in the bill for international population control or family planning activities or for abortion procedures. The amendment was defeated 145-272. Amendment to the Foreign Operations Appropriations bill to prohibit the use of funds in the bill for new obligations or commitments by the Export-Import Bank, the Overseas Private Investment Corporation or the Trade and Development Agency. The amendment was defeated 58-360. Passage of the Foreign Operations Appropriations bill. The bill passed 385-35. Engrossment and third reading of a bill to assist states in restricting alcohol sales over the Internet and allow state attorneys general to prosecute in federal court out-of-state companies that ship alcohol in violation of state law via the Internet, mail-order catalogs and telephone sales. The bill passed 325-99. Passage of a bill to assist states in restricting alcohol sales over the Internet and allow state attorneys general to prosecute in federal court out-of-state companies that ship alcohol in violation of state law via the Internet, mail-order catalogs and telephone sales. The bill passed 310-112. 8/02/99, HR 747, Vote #357 8/02/99, HR 1219, Vote #358 8/02/99, HR 2606, Vote #359 8/03/99, HR 2606, Vote #360 8/03/99, HR 2606, Vote #361 8/03/99, HR 2606, Vote #362 8/03/99, HR 2031, Vote #363 8/03/99, HR 2031, Vote #364 61 DCCC Bilbray Research Book Last Updated 2/29/12 8/03/99, HJRES 58, Vote #365 8/03/99, HR 987, Vote #366 8/04/99, Procedural Motion, Vote #367 8/04/99, HR 1907, Vote # 368 8/04/99, HR 2670, Vote #369 8/04/99, HR 2670, Vote #370 8/04/99, HR 2670, Vote #371 8/04/99, HR 2670, Vote #372 8/04/99, HR 2670, Vote #373 Joint resolution to disapprove the presidential waiver that allows U.S. trade credits and guarantees for companies that do business with Vietnam. The resolution was defeated, 130-297. Passage of the bill to prevent the Occupational Safety and Health Administration (OSHA) from issuing new ergonomics rules until the National Academy of Sciences has completed a congressionally mandated study on the issue. The bill passed 217-209. Approval of the House Journal of Tuesday, August 3, 1999 Passage of a bill to require that patent applications be published at the same time and to the same extent that they are published in foreign countries. The bill would waive the publication requirement if a patent application is subject to a secrecy order, or if the application is no longer pending and the patent has been granted. The requirements also would be waived if a similar application has not been filed in a foreign country. The measure also would reorganize the U.S. Patent and Trademark Office as an agency within the Commerce Department, but allow it to retain control over its own budget. The bill passed 376-43. Adoption of the rule (HRes273) to provide for House floor consideration of the fiscal 2000 appropriations bill for the departments of Commerce, Justice, and State and the federal judiciary. Amendment to increase funding for the Legal Services Corporation by $109 million to $250 million, offset by cuts including reducing funding for the Department of Justice Assets Forfeiture Fund, FBI salaries, and salaries and expenses of the Federal Prison System and the federal judiciary system. The amendment also would increase funding for the Immigration and Naturalization Services’ violent crime reduction programs by $44 million, offset by an equal reduction for Immigration and Naturalization Service detention facilities. The amendment passed, 242-178. Motion to rise from the Committee of the Whole, thus prohibiting the possibility of further amendments being offered for the day. The motion was rejected 166-249. Amendment to increase funding for crime prevention and treatment programs by $137.3 million, and reduce funding for violent offender incarceration and truth in sentencing block grants by an equal amount. The amendment was rejected 164263. Amendment to strike language in the Commerce, Justice, State Appropriations bill that would ban the use of federal funds for abortion services for women 62 DCCC Bilbray Research Book Last Updated 2/29/12 8/04/99, HR 2670, Vote #374 8/04/99, HR 2670, Vote #375 8/05/99, Procedural Motion, Vote #376 8/05/99, HR 2488, Vote #377 8/05/99, HR 2488, Vote #378 8/05/99, HR 2488, Vote #379 8/05/99, HR 2670, Vote #380 8/05/99 HR 2670, Vote# 381 in federal prisons except in cases of rape, incest or danger to the woman’s life. The amendment was rejected 160-268. Amendment to reduce funding for the 2000 census by $2.8 billion dollars to $1.7 billion. The amendment was rejected 171-257. Motion to agree to the Senate amendments to a bill that would establish a $1 billion loan program for the steel industry, and a $500 million loan program for the oil and gas industries. The bill would appropriate $270 million to cover potential loan defaults. To offset the coverage, the bill would reduce executive branch travel accounts by the same amount. The motion was agreed to (thus clearing the bill for the president), 246-176 Approval of the House Journal of Wednesday, August 4, 1999 Adoption of the rule (HRes274) to provide for House floor consideration of the conference report on the bill to reduce taxes by $792 billion over 10 years. The rule was adopted 224-203. A motion to recommit the conference report to the conference committee with instructions to the House conferees to insist on preserving 100 percent of the Social Security surpluses for Social Security and devoting 50 percent of the non-Social Security surpluses to debt reduction by limiting the net tax reduction to no more than 25 percent of the currently projected non-Social Security surpluses and removing limited tax benefits as defined under the Line-Item Veto Act. The motion was rejected 205-221. Adoption of the conference report on the bill to reduce taxes by $792 billion over 10 years. The conference report would reduce each of the five income tax rates by 1 percentage point, phase out the estate tax, and raise the standard deduction available to taxpayers filing jointly from $7,200 to $8,600 gradually over five years. The conference report would reduce the capital gains tax rate from 10 percent and 20 percent to 8 percent and 18 percent effective Jan. 1, 1999. The conference report was adopted, 221-206 Amendment to strike language from the bill that would make the release of $244 million in back payments to the United Nations contingent on the enactment of an authorization bill that ties the payment to U.N. reforms. The amendment was rejected 206-221. Amendment to give the Federal Communications Commission (FCC) until March 31, 2000, to develop and implement a plan to address the manner in which central office codes, the first three digits of a seven-digit phone number, are distributed. States would be allowed to implement phone number 63 DCCC Bilbray Research Book Last Updated 2/29/12 8/05/99, HR 2670, Vote #382 8/05/99, HR 2670, Vote #383 8/05/99, HR 2670, Vote #384 8/05/99, HR 2670, Vote #385 8/05/99, HR 2670, Vote #386 8/05/99, HR 2684, Vote #387 8/05/99, HR 2670, Vote #388 8/05/99, HR 1905, Vote #389 conservation plans if the FCC does not take action in a timely manner. The amendment was rejected 169-256. Amendment to reduce funding for the InterAmerican Tropical Tuna Commission from $4.7 million to $2.4 million in fiscal 2000. The amendment was rejected 211-215. Amendment to prohibit any funds in the bill from being used to add any natural site or cultural monument currently recognized as a World Heritage Site by the United Nations’ World Heritage Committee to the committee’s list of endangered world heritage sites. The amendment was adopted 217-209. Amendment to prevent any funds in the bill from being used to administer or fund the Uniform System of Accounts for telecommunications companies of the Federal Communications Commission. The amendment was adopted 374-49 Amendment to prohibit any funds in the bill from being used to file a federal challenge to any state, local or tribal law on the grounds that the law is inconsistent with the North American Free Trade Agreement Implementation Act or policies of the World Trade Organization. The amendment was rejected 196-226. Motion to recommit the bill back to the Appropriations Committee with instructions to increase the amount of funding for the Community Oriented Policing Services (COPS) program by $1 billion to the president’s requested level of $1.3 billion. The motion was rejected 208-219 Passage of the bill to appropriate $35.8 billion for the departments of Commerce, Justice, and State and the federal judiciary for fiscal 2000. The bill would provide $4.5 billion in “emergency” funding for the 2000 Census. The bill passed 217-210 Motion to order the previous question (thus ending debate and possibility of amendment) on adoption of the rule (HRes275) to provide for House floor consideration of the bill to appropriate $92 billion for the departments of Veterans Affairs and Housing and Urban Development. The motion was agreed to 217-208 Adoption of the conference report on the bill to appropriate $2.5 billion for legislative branch operations in fiscal 2000. The bill would provide $761 million for House operations and $489 million for the Senate, as well as funding for other congressional agencies including the Capitol Police, the Architect of the Capitol, the Congressional Budget Office and the Library of Congress. The report was adopted, 367-49. [Thomas.gov, accessed 2/17/12] 64 DCCC Bilbray Research Book Last Updated 2/29/12 Spent Almost $2,000 on Bottled Water in 2011 According to House of Representative Disbursement forms for the first three quarters of the year 2011, Bilbray had spent $1,378.63 on bottled water for his office. Bilbray was averaging over $200 a month just on bottled water from two vendors, Deer Park and Arrowhead. Arrowhead is a bottle water supplier in the West Coast that does not service the DC area. However, Deer Park would service Bilbray’s DC office. [House Disbursement Forms, accessed 10/12/11; Arrowhead Water website, accessed 10/12/11] Dates Vendor Amount 11/21/10 to 12/20/10 Arrowhead $93.12 12/15/10 to 12/26/10 Arrowhead $41.24 1/05/11 to 1/20/11 Arrowhead $32.91 1/06/11 to 1/26/11 Arrowhead $234.25 1/27/11 to 2/26/11 Deer Park $65.90 2/03/11 to 2/20/11 Arrowhead $90.39 2/21/11 to 3/20/11 Arrowhead $104.03 2/27/11 to 3/26/11 Deer Park $175.30 3/21/11 to 4/20/11 Arrowhead $77.86 3/27/11 to 4/26/11 Deer Park $198.38 5/04/11 to 5/20/11 Arrowhead $110.66 5/11/11 to 5/26/11 Deer Park $154.59 5/27/11 to 6/26/11 Deer Park $153.59 7/14/11 to 7/26/11 Deer Park $69.68 7/05/11 to 7/20/11 Arrowhead $92.91 7/21/11 to 8/20/11 Arrowhead $119.44 8/12/11 to 8/26/11 Deer Park $141.59 $1,955.84 TOTAL [House Disbursement Forms, accessed 11/29/11] Note: Although some of the dates for the bottled water occur in 2010, they were not paid until the 2011 year with funds from that year. Study Finds Members Spent $2,000 a Year on Water on Average A February 2011 study from Corporate Accountability International found that members of Congress spent on average of $2,000 on bottled water between April 2009 and March 2010. Corporate Accountability International report, accessed 10/12/11] Spent Over $2,700 on Food & Beverages in First Half of 2011 According to House of Representative Disbursement forms for the first half of the year 2011, Bilbray has spent $2,712.53 on food and beverages for his office. [House Disbursement Forms, accessed 10/12/11] Note: The majority of this spending is a $1,882.60 expenditure on March 7, 2011 for an event at the Commissioned Officer’s Club. 65 DCCC Bilbray Research Book Last Updated 2/29/12 Spent Over $1.8 Million on Franked Mail, Mass Mailings According to House of Representative Disbursement forms, Bilbray has spent $1,892,759.54 on franked mail and mass mailings for his office from 1995 to 2010. The following table outlines his expenditures by year. Year Franked Mail Spending Mass Mail Spending 1995 $76,466.69 * 1996 $75,545.61 * 1997 $85,939.78 $68,235.02 1998 $99,402.05 $91,494.04 1999 $89,659.99 $88,360.09 2000 $116,841.10 $83,181.20 2006 $49,420.17 $46,759.31 2007 $24,026.67 $66,007.94 2008 $98,406.32 $150,661.73 2009 $115,441.15 $186,167.90 2010 $93,959.59 $186,783.19 $925,109.12 $967,650.42 Total [House Disbursement Forms, accessed 2/29/12] Note: House Disbursements did not list member mass mailing information prior to 1997. Spent Over $35,000 on Franked Mail in First Three Quarters of 2011 According to House of Representative Disbursement forms for the first three quarters of the year 2011, Bilbray has spent $35,866.18 on franked mail for his office. [House Disbursement Forms, accessed 2/29/12] Paid Campaigning Chief of Staff $42,000 Over Three Months In 2011, Bilbray paid his chief of staff Steve Danon $42,102.75 between July, 1 2011 and September 30, 2011. [2011 3nd Quarter Statements of Disbursement, accessed 11/29/11] Steve Danon Ran for Supervisor While Serving as Bilbray’s Chief of Staff – Had Been Running for Last 2 ½ Years In 2011, it was reported that District 3 Supervisor Pam Slater-Price said she would retire in 2012 – and Republican Steve Danon had been campaigning for the seat for the last 2½ years. While serving as the chief of staff to Rep. Brian Bilbray, R-San Diego, Danon raised more than $100,000 and secured dozens of key endorsements. [San Diego Union-Tribune, 11/28/11] Attended Rotary Meeting in July and Talked About Supervisor Race In July 19 2011, Steve Danon, who is running for Slater-Price’s District 3 office attended Tuesday’s Rotary meeting, held at the California Center for the Arts, Escondido. At the meeting he mentioned Slater-Price. [North County Times, 7/20/11] 66 DCCC Bilbray Research Book Last Updated 2/29/12 Accused of Conflict of Interest on Imperial City Council In May 1984, Bilbray was accused by a former Imperial Beach mayor of holding a conflict of interest by voting on property matters involving parcels owned by a trust held by his mother and stepfather, Mavis and George Clute. Bilbray denied the charges and noted that other members of the council held property in areas where the council voted on property rezoning. [San Diego Union-Tribune, 5/26/84] Intervened in Hotel Case to Back Campaign Contributor In June 2007, Woodfin Suites Hotels was ordered to pay at least $125,000 in back pay to its housekeepers and pay a fine to the city of Emeryville for failure to comply with a living wage law. Bilbray had urged Immigration and Customs Enforcement (ICE) to investigate the immigration status of workers at the hotel after Woodfin management claimed they tried to fire workers who they said failed to correct Social Security numbers that did not match lists provided by the Social Security Administration. Woodfin CEO Samuel Hardage was a campaign contributor to Bilbray. [Inside Bay Area, 6/14/07] Defended Surfer Accused of Two Murders In 1999, Bilbray wrote a letter to the San Diego Superior Court defending surfer Roy Lacsina, who was later acquitted on charges of shooting two alleged white supremacists. Bilbray said he had known Lacsina for 20 years and called him “one of Imperial Beach’s unique and finest citizens.” Lacsina was accused of shooting two men who threatened him and guests at his house. [Associated Press, 5/26/99] 67 DCCC Bilbray Research Book Last Updated 2/29/12 … Wasting Taxpayer Dollars Significant Findings Supported Tax Dollars for Subsidizing Sailboat Supported Failed Recycling Plant Boondoggle Bilbray was a strong advocate of bringing America’s Cup to San Diego and supported the granting of $25,000 in tourist tax funds to subsidize sailboats related to the event. Bilbray defended sailing as important for the local economy. He also backed an expensive but failed trash-to-energy recycling plant in San Marcos that cost the county millions. Bilbray: Yachting Distributes Wealth In August 1988, Bilbray discussed the importance of sailing for the local San Diego economy. “Karl Marx would be proud of yachting,” said Bilbray. “It distributes the wealth so quickly.” [San Diego Union-Tribune, 8/29/88] Recycling Plant a “Financial Disaster” In June 1996, the San Diego Union-Tribune said the failed trash-to-energy plant in San Marcos supported by Bilbray may be “the worst financial disaster in the county history, a fiscal sinkhole that threatens to suck down money needed for law enforcement and social services.” The plant, which cost $139 million, was shut down after only 18 months of use. [San Diego Union-Tribune, 6/09/96] Bilbray Had No Regrets Bilbray had no regrets for his support of the recycling plant. “Nobody is too good to take care of their waste-stream products,” said Bilbray. “But the people in North County clearly thought that their neighborhood was too nice, and was too good to take care of their trash problems.” [San Diego Union-Tribune, 6/09/96] Wall Street Journal: Plant a “Disaster” In 1993, the Wall Street Journal called San Diego’s under-utilized recycling plant the “first disaster” in the national drive to recycle. By the time the plant was completed, operational costs had increased and many cities in the county were considering pulling out of the project altogether. The now defunct recycling plant decreased San Diego 68 DCCC Bilbray Research Book Last Updated 2/29/12 County’s credit rating and county taxpayers were left with financing the $134 million plant. [Wall Street Journal, 4/26/94] Supported Tax Dollars to Subsidize Sailboat In May 1985, Bilbray requested the granting of $25,000 in tourist tax funds to assist sailboat skipper Dennis Conner compete in the America’s Cup in 1987. Bilbray said if Donner wins San Diego could host the 1990 America’s Cup, which would generate local tourist dollars in the economy. [San Diego Union-Tribune, 5/08/85] 69 DCCC Bilbray Research Book Last Updated 2/29/12 … Protecting the Culture of Corruption Significant Findings Ties to former Lobbyist Jack Abramoff Founded Congressional Cigar Association, Linked to Lobbyists Advocated for Business with Questionable Business Associates Scheduled to Have Fundraiser with Husband of Woman Accused of Stealing Almost $4,000 from Charity Bilbray, himself a former lobbyist, has ties to disgraced former lobbyist Jack Abramoff. When he returned to Congress, Bilbray helped establish the Congressional Cigar Association, which has been widely criticized as little more than a front for lobbyist networking. In his previous period in Congress, Bilbray advocated for a business with questionable business associates that had contributed to his campaign. Ties to Former Lobbyist Jack Abramoff Participated in Trip to Mariana Islands Organized by Abramoff In December 1996, Bilbray and his wife participated in a trip to the Mariana Islands organized by Abramoff and sponsored by the Commonwealth of the Northern Mariana Islands. At the time, Abramoff was a lobbyist with Preston Gates Ellis & Rouvelas Meeds LLP, which was registered to lobby on behalf of the Commonwealth of the Northern Mariana Islands. Abramoff was the lead lobbyist working on behalf of the Commonwealth of the Northern Mariana Islands. [Washington Post, 2/22/97, Associated Press, 4/26/05] While available documents do not provide exact dates for Bilbray’s December 1996 trip, it is possible his time in the Northern Marianas overlapped with a trip Abramoff took to the islands from December 4 through December 12, 1996. Abramoff was known to have been accompanied on the trip by two aides to Representative Tom DeLay. According to news reports, most trips by elected officials to the Northern Marianas included tours of garment manufacturing plants and rounds of golf. [Washington Post, 5/04/05; New York Times, 1/20/98] Mariana Island Trip Not Reported, Paid by Government Entity 70 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray’s trip to the Mariana Islands was not reported on his Financial Disclosure Statement for either 1996 or 1997 because the trip was paid for by the Commonwealth of the Northern Mariana Islands, a government entity. [New York Times, 1/20/98] Bilbray Hosted Luncheon for Mariana Island Governor In October 1997, Bilbray and Representatives Dana Rohrabacher (R-California), Ed Royce (RCalifornia) and John J. Duncan Jr. (R-Tennessee) hosted a luncheon for Mariana Islands Governor Froilan C. Tenorio in Washington D.C. Tenorio was in Washington D.C. lobbying against a bill that sought to extend federal minimum wage laws and immigration policies to the Northern Mariana Islands and to restrict the Marianas use of “Made in the USA” labels on consumer products until the islands were in compliance with federal labor and immigration laws. [Washington Post, 10/14/97] Voted Against Motion to Apply Federal Minimum Wage Laws to Mariana Islands (2000) On March 9, 2000, Bilbray voted against a motion to recommit H.R. 3846 with instructions to add language requiring that employers in the Commonwealth of the Northern Mariana Islands pay workers at least the federal minimum wage. The motion would have immediately raised the minimum hourly wage on the Northern Mariana Islands to $3.55, and required that it be increased by $0.50 every six months until it matched the federal minimum wage. The motion to recommit was rejected 181-243. [H.R. 3846, Vote #44, 3/09/00] Claimed He Did Not Know Abramoff Personally In January 2006, Bilbray responded to questions regarding any connection between himself and Abramoff. Bilbray claimed not to recognize Abramoff, but admitted that the two likely met during their overlapping time as lobbyists. “I assume I’ve run into him during the process. He was all over the Hill. But when I see him on TV, it’s not someone I recognize.” [San Diego Union-Tribune, 1/02/06] Sponsored Congressional Cigar Association In 2009, Bilbray gave the necessary sponsorship to form the Congressional Cigar Association, which hosted “smoke-filled parties attended by lobbyists, legislators and staffers.” [San Diego Union-Tribune, 7/23/10] Headline: “Bilbray-backed House group filled with lobbyists; Congressman says he had no knowledge” [San Diego Union-Tribune, 7/23/10] Potential Rules Violation with Lobbyists Bilbray was criticized for the association having three lobbyists on its board, a possible violation of House ethics rules. “I would be surprised if there was any ethics problem, and if there is, we would straighten it out,” said Bilbray. [San Diego Union-Tribune, 7/23/10] Constituents Criticize Bilbray’s Links to Group 71 DCCC Bilbray Research Book Last Updated 2/29/12 “I find it very difficult to believe that someone who has been a lobbyist as long as Brian Bilbray has been a lobbyist was unaware that a group that bore his name contained a wealth of lobbyists,” said Del Mar resident Walter Carlin. [San Diego Union-Tribune, 7/23/10] “We moved here from Tampa, which was the center of the cigar industry,” said Mark Scoular of Encinitas. “This town has nothing to do with that industry. If you look at the people contributing to this thing, none of them have anything to do with our community.” [San Diego Union-Tribune, 7/23/10] Editorial: “Bilbray should disavow congressional cigar group” A San Diego Union-Tribune editorial called on Bilbray to disavow the cigar group: An association that bends the rules on gifts and lobbyists is the last thing that the successor to disgraced, imprisoned, bribe-taking Rep. Randy “Duke” Cunningham should have anything to do with. Bilbray’s spokesman told us he will push the Congressional Cigar Association to shape up and follow all rules. That’s not good enough. He should disavow the group and formally dissociate himself from it. [San Diego Union-Tribune, 7/24/10] Bilbray Supported Lobbyist-Backed Bills According to the San Diego Union-Tribune, Bilbray signed onto several pieces of legislation that would benefit clients of lobbyists in the cigar club in the months after sponsoring the association. “[I]n one instance, Bilbray sponsored a bill that would eliminate a tax on medical devices — and he introduced it five days after the cigar club held an exclusive, rooftop event across the street from the Capitol in late June. Jeff Choudhry, who lobbies for a large medical device maker and other interests, was a board member of the club at the time.” [San Diego Union-Tribune, 9/07/10] Second Editorial: “Bilbray Must Explain His Actions” A second San Diego Union-Tribune editorial called on Bilbray to embrace transparency and come clean about his links to the cigar group. We are not alleging he is corrupt. But the blitheness and arrogance he’s displayed in the flap over a congressional staff organization he sponsored is unacceptable. As reported earlier this summer, the Congressional Cigar Association ostensibly was set up by Bilbray to allow House and Senate staffers to share their appreciation of cigars and tobacco’s role in the U.S. economy. In reality, the association has proved to be a tool used by lobbyists for insurance, banking, energy and pharmaceutical companies to win access to lawmakers and staffers. At the least, the events staged by this group violated the intent of ethics rules limiting gifts from lobbyists. Bilbray didn’t appear to take concerns about the cigar group all that seriously. Now comes a follow-up report in Tuesday’s Union-Tribune by 72 DCCC Bilbray Research Book Last Updated 2/29/12 the Watchdog Institute, an independent investigative reporting center based at San Diego State University, that shows Bilbray on several occasions sponsored or lent his name to legislation sought by lobbyists involved in the Congressional Cigar Association. Yes, the bills were in keeping with Bilbray’s pro-business philosophy. But instead of offering this or any explanation, Bilbray refuses to answer questions about his actions. So does his senior policy adviser, Gary Kline, who, like Bilbray, is a cigar club officer. Meanwhile, Bilbray’s spokesman responded to a question about whether Bilbray or Kline had attended a particularly lavish association party with this pearl: “We certainly don’t monitor the social lives of staff.” This doesn’t just demonstrate Bilbray’s contempt for the media. He’s showing his contempt for the residents of the 50th Congressional District, who deserve straight answers. [San Diego Union-Tribune, 9/09/10] Advocated for Company with Questionable Business Associates Metabolife Associates Contributed $45,500 to Brian Bilbray From 1997 to 2000, individuals associated with the company Metabolife contributed $45,500 to Bilbray’s campaigns. These contributions included $5,000 from Metabolife CEO Michael Ellis, $4,000 from William R. Bradley, who oversaw finances, and $1,000 Michael Blevins, another owner. [CQ Moneyline, accessed 12/07/11] FBI Arrested Company’s Founders in Meth Bust In October 1998, FBI agents arrested the founders of Metabolife, Michael Ellis, Michael Blevins and Bryan Maloney, after it was revealed they had rented a house and outfitted it with lab equipment and chemicals to make 50 pounds of methamphetamine. [Newsweek, 10/04/99; Copley News Service, 8/20/99; San Diego Union-Tribune, 9/04/99; The Hill, 5/26/99] Purchased 3,480 Pounds of Freon According to the original indictment in the case, Blevins and Maloney were arrested after they bought 3,480 pounds of Freon from Triple Neck Scientific Laboratory Supplies. They were caught by one of the largest sting operations in San Diego. [San Diego Union-Tribune, 9/04/99] Ellis Pleaded Guilty to False Statements . . . In November 2007, Ellis pleaded guilty to making false statements to the FDA in 1999 about Metabolife 356 and was sentenced to six months in federal prison and a fine of $20,000. [Monterrey County Herald, 6/11/08] . . . Indicted on Weapons Charges 73 DCCC Bilbray Research Book Last Updated 2/29/12 In February 2005, Ellis was indicted on federal charges of illegally possessing firearms and ammunition which included three loaded handguns, a .22-caliber rifle, and more than 600 rounds of ammunition. He plead guilty in September 2005. [City News Service, 9/30/05] Former Police Office, Caught in Meth Ring Before Ellis was a former police officer who left the force after being charged with conspiracy to manufacture and distribute methamphetamines in January 1989. Ellis agreed to cooperate with the investigation in return for reduced charges. [San Diego Union-Tribune, 7/23/03] Bradley Pleaded Guilty to Falsifying Taxes In October 2005 Bradley pleaded guilty to evading income tax and to helping Metabolife evade taxes. [Associated Press Financial Wire, 10/06/2005] Blevins Pleaded Guilty to Straw Purchases In September 2005, Blevins plead guilty to felony possession of a firearm and using a straw purchaser to buy a rifle, a shotgun, a .357 Magnum and ammunition from an El Cajon gun store in October 2001. [Associated Press, 9/30/05] Had Previous Meth Record Blevins had been barred from possessing firearms after he was indicted in what the DEA called the biggest single roundup of methamphetamine manufacturers in history in 1989. [Associated Press, 9/30/05] Bilbray Fought for Metabolife in Congress Bilbray fought vigorously against restricting the use of ephedrine in supplements, including by Metabolife in its signature product Metabolife 356. According to published reports, Bilbray wrote letters to the FDA, DEA and Health and Human Services Secretary Donna Shalala in support of the diet supplement industry. [Copley News Service, 6/02/99] Bilbray was described as one of Metabolife’s strongest supporters. [Washington Post, 5/24/99; The Hill, 5/26/99] Ephedra Linked to At Least 39 Deaths According to the Food and Drug Administration’s records, ephedra had been linked to at least 39 deaths and 695 cases of serious illness since 1994. [Washington Post, 12/25/00] Voted to Protect Metabolife in Class Action Lawsuits In September 1999, a month after a class action suit was filed against Metabolife, Bilbray voted to shift class-action lawsuits from state court to federal court making it more difficult for plaintiffs to prevail. [H.R. 1875, Vote #443, 9/23/00] 74 DCCC Bilbray Research Book Last Updated 2/29/12 DCCC Ran Ads Hitting Bilbray for Metabolife Ties In May 2006, the Democratic Congressional Campaign Committee (DCCC) ran an ad accusing Bilbray of being a “shakedown” artist who took money from Metabolife and turned a blind eye even as their drug Metabolife 356 was killing people. [San Diego Union-Tribune, 5/02/06] Bilbray Dismissed Ad as “Over-The-Top” Bilbray called the ad “over-the-top” and defended working for Metabolife: With the obesity crisis in this country, I would definitely be giving the benefit of the doubt to any product that would help in the fight against obesity. It was not wrong to support them (Metabolife) -- it was number one consumer choice for fighting weight gain and a federal law passed by Democrats in ‘93 specifically restricted the FDA’s control of a lot of herbal products. [San Diego Union-Tribune, 5/02/06] Received Money from Lobbyist at Dow Lohnes Government Strategies LLC March 31: In 2011, Bilbray voted for a bill to “pass the bill that would amend federal pesticide law and the Clean Water Act to prohibit the EPA or states from requiring a permit for the use of registered pesticides in or near navigable waters.” [H R 872, Vote #206, 3/31/11] April 1: In 2011, Bilbray received $500 from lobbyist Norm Lent III who serves as Counsel at Dow Lohnes. Lent focused on energy, environment, telecommunications and health care issues. [CQ, accessed 8/26/11; FEC, Brian Bilbray for Congress, 4/01/11] Scheduled to Have Fundraiser with Husband of Lydia Hemmings Accused of Stealing About $4,000 from Charity In 2012, Bilbray was scheduled to have a “Birthday Celebration Reception and Dinner” fundraiser with Hawaii Senator Fred Hemmings, whose wife Lydia Hemmings was sentenced to community service and fined $4500 after “copping a plea to misdemeanor charges of theft from a nonprofit she ran.” According to a report by Hawaii News Now, “Deputy Attorney General Lance Goto says Mrs. Hemmings stole about $4,000 from Blueprint for Change, an organization that fights for the safety and well-being of at-risk children, while she was its executive director.” The cost for the fundraiser was $250 a person, $2500 for a table. [San Diego Reader, 1/10/12] Hosted a Campaign Fundraiser at Prince George’s County Trap and Skeet Center In 2011, Bilbray staged a day of “skeet, trap, and sporting clays” shooting fundraiser at Prince George’s County Trap and Skeet Center. Political action committees had to fork over $1500 to attend; individuals paid $750 to attend. [San Diego Reader, 7/06/11] Opposed New Standards for Preserving Presidential Records 75 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a bill that would set new standards for managing and preserving presidential records. Specifically, the bill would direct the archivist of the United States to set new standards for tracking federal e-mail records and to certify that the White House meet those standards. It would also require the National Archives and Records Administration to oversee e-mail policies at federal agencies. [CQ Today, 7/09/08] The Bush administration threatened to veto this bill if passed, saying that the existing practices were adequate. [CQ Today, 7/09/08] Government Reform committee chairman Congressman Henry Waxman said the legislation was ultimately, “about accountability and preventing cover-ups.” [CQ Today, 7/09/08] The bill passed 286-137. [HR 5811, Vote #477, 7/09/08] Voted Against Ethics Bill In 2008, Bilbray voted against legislation to establish an independent panel of the House ethics committee to consider alleged violations by House members and employees. The measure created an independent Office of Congressional Ethics (OCE), whose primary mandate will be to carry out probes and refer allegations of unlawful activity made against Members of Congress to the House Committee on Standards of Official Conduct. This new independent organization would be led by a bipartisan, six-person panel whose membership will be jointly agreed to by both the Speaker of the House and the House Minority Leader. With the creation of a new Office of Congressional Ethics and previously approved lobby reform legislation, Democrats said that the New Direction Congress has demonstrated its commitment to making the 110th Congress and future Congresses more ethically transparent and morally accountable. [Congressional Quarterly, Rep. Clyburn Press Release, 3/11/08] The measure was adopted by a vote of 229-182. [H Res 1031, Vote #122, 3/11/08] Voted to Block Ethics Bill In 2008, Bilbray voted against a rule to provide for House floor consideration of the resolution that would establish an independent panel of the House ethics committee to consider alleged violations by House members and employees. The bill created an independent Office of Congressional Ethics (OCE), whose primary mandate will be to carry out probes and refer allegations of unlawful activity made against Members of Congress to the House Committee on Standards of Official Conduct. This new independent organization would be led by a bipartisan, six-person panel whose membership will be jointly agreed to by both the Speaker of the House and the House Minority Leader. 76 DCCC Bilbray Research Book Last Updated 2/29/12 With the creation of a new Office of Congressional Ethics and previously approved lobby reform legislation, Democrats said that the New Direction Congress has demonstrated its commitment to making the 110th Congress and future Congresses more ethically transparent and morally accountable. [Congressional Quarterly, Rep. Clyburn Press Release, 3/11/08] The rule was adopted by a vote of 207-206. [H Res 1031, Vote #121, 3/11/08] Refused to Crack Down on Abuses of U.S. Attorney Appointment Privileges In 2007, Bilbray voted against legislation to curtail President Bush’s ability to appoint interim U.S. attorneys who can serve indefinitely without Senate confirmation. The bill restored the process for temporarily replacing U.S. attorneys to what it was prior to the 2006 reauthorization of the Patriot Act, which included language to allow the president to indefinitely appoint replacements to vacant U.S. attorney positions without Senate approval. Under the bill, the attorney general would be empowered to appoint a temporary replacement who could serve for up to 120 days. If the Senate had not confirmed a permanent replacement by then, the chief judge of the federal district would be able to appoint a temporary replacement to serve until the Senate acts. [Congressional Quarterly Today, 5/21/07] According to Congressman John Conyers (D-MI), the House sponsor of the bill, the measure “will restore historical checks and balances to the process by which interim U.S. attorneys are appointed.” [Congressional Quarterly Today, 5/22/07] The bill passed 306-114. [S. 214, Vote #397, 5/22/07] Supported Killing Comprehensive Ethics Reform In 2006, Bilbray voted in favor of killing a Democratic attempt to bring to the floor a comprehensive lobbying reform bill that would have banned travel on corporate jets, prohibited lobbyist gifts, and slowed the revolving door between Capitol Hill and K Street. Also, the bill would have shut down the “K Street” project in which jobs in lobbying firms were traded for legislative favors; shine light on earmarks so that special interest provisions could not be slipped into bills without public scrutiny; and put an end to some of the procedural abuses that had flourished in the Republican-controlled House. The Democratic measure would have covered all special interest earmarks, including the Alaska Bridge to Nowhere and disclosed whether Members had a financial interest in the earmark. [Leadership Document, “Democrats Fight To Clean Up Culture Of Corruption; Republicans Fail To Change Washington,” 9/14/06] The motion to end the debate passed 218-194. [HRS1000, Vote #448, 9/14/06] Supported Weak Earmark Reform 77 DCCC Bilbray Research Book Last Updated 2/29/12 In 2006, Bilbray voted in favor of a change in House rules to reform the earmarking process. Earmarks, special projects anonymously inserted into bills, often only benefited one entity. The famed “Bridge to Nowhere” in Alaska was a well-known example of an earmark. The resolution passed by the House required all House committees to list the earmarks contained in the bills they reported or in the accompanying committee reports, along with the names of the members requesting those earmarks. It also required a list of earmarks (and of the members requesting them) that were added in conference committees and not contained in the original House or Senate bills, and therefore not included in any previous earmark list. The rules change only applied to the House chamber and was only effective through the end of the 109th Congress. Democrats argued that the resolution would not actually eliminate a single earmark and would not reduce the total number of earmarks. Democrats were also critical that the GOP had seemingly abandoned ethics reform. Congressional Quarterly described the earmark reform resolution as, “a narrow rule change that will affect only one chamber for a few months.” [CQ Today, 9/14/06] The bill passed 245-171. [HRS1000, Vote #449, 9/14/06] Voted to Condemn Media Leaks of Classified Information In 2006, Bilbray voted in favor of a resolution that called on the media to refrain from publishing classified materials, adding that leaks “inflict significant damage” on U.S. efforts to capture terrorists. The resolution did not specifically mention the New York Times, but it was clear throughout the debate that a New York Times story detailing the tracking of terrorist finances was the subject of the resolution for the measure. Democrats saw the resolution as a political stunt designed to placate a conservative base angry with certain newspapers, especially the New York Times. [CQ Today, 6/29/06] The resolution passed 227-183. [HRS895, Vote #357, 6/29/06] Supported Measure to Prevent Citizens from Filing Ethics Complaints In 1997, Bilbray voted in favor of a bill that changed the rules for filing ethics complaints against Members of Congress. Specifically, this bill would have prohibited citizens who were not Members of Congress from filing ethics complaints against a Member. “Outsiders” must find a Member of Congress willing to file a complaint, which made it much less likely that complaints would ever get filed. The bill passed 258-154. [HR 168, Vote #413, 9/18/97] Supported Dismissing Complaints after 180 Days 78 DCCC Bilbray Research Book Last Updated 2/29/12 In 1997, Bilbray voted in favor of an amendment that required the House Committee on Standards of Official Conduct to dismiss a complaint filed with after 180 days if the committee was deadlocked and a motion to establish an investigative subcommittee did not prevail. The amendment was defeated 181-236. [HRS 168, Vote #410, 9/18/97] Supported Efforts to Protect Gingrich During the first session of the 104th Congress, Republican Speaker Newt Gingrich was brought before the House Committee on Standards of Official Conduct. Bilbray voted in favor of two Republican efforts to shield Gingrich from a special investigation by an outside counsel. Both efforts passed. [H.Res. 277, Vote #815, 11/16/95; H.Res. 288, Vote #833, 11/30/95] In 1996, Gingrich admitted that he lied to the Ethics Committee and was found to have violated House ethics rules by using tax-exempt organizations to promote the Republican Party. [Various] Opposed Proposed Taping of Closed Local Government Meetings In May 1989, Bilbray spoke out against a proposed law that would have required tape recordings of local government bodies’ closed door sessions. Bilbray called the bill overkill and said it would have a “chilling effect” on necessary discussions behind closed door. The bill died for lack of a motion in the California State Senate Local Government Committee. [San Diego UnionTribune, 5/11/89] Voted For Justice Department Review of Coconut Road Earmark In 2008, Bilbray voted for a motion to concur with Senate revisions to the Surface Transportation Law. The bill contained approximately 6,200 earmarks for special projects around the country. Critics of excessive spending within both parties as well as government watchdog groups decried the inclusion of so many ‘pet projects’ in what was purported to be a simple clarifying measure. [Statement by Rep. Flake, H2882, 4/30/08] One earmark that came under particular scrutiny was a $10 million request to widen I-75 in Florida’s Collier and Lee counties, but the final version of the measure sent to President Bush for his signature was changed to redirect that money to the Coconut Road Interchange in Lee County. Watchdog groups pointed to then House Transportation Committee Chairman Don Young, R-Alaska, as the source of the change, and said one of the prospective backers of the Coconut Road project had held a fundraiser for Young in 2005. Sen. Tom Coburn, (R-OK) demanded an investigation, and the Senate, when it passed the highway corrections bill on April 17, directed the Justice Department to investigate whether criminal laws were broken when the project was inserted into the 2005 act after the final vote. [CQ Today, 4/17/08] 79 DCCC Bilbray Research Book Last Updated 2/29/12 The motion was agreed to, 358-51. [HR 1195, Vote #229, 4/30/08] Voted For Throwing Out Votes of Members Not Properly Sworn-In In 2011, Bilbray voted for a resolution that struck six votes cast by Reps. Michael Fitzpatrick and Pete Sessions as they were both in another part of the Capitol when the Speaker was administering the oath of office to House members in the chamber. The two members conducted official – including voting and making submissions to the Congressional Record – despite having missed the swearing-in ceremony. In addition to deleting the six votes, the resolution ratified Sessions’ election to a standing committee and his participation in its proceedings. [CQ Today, 1/07/11] It was subsequently reported that Fitzpatrick and Sessions were absent because they were attending a fundraiser on the Capitol grounds, an apparent violation of ethics rules. The Philadelphia Inquirer editorialized that “by effectively launching his reelection bid even before taking the oath of office, Fitzpatrick comes off as cynical or clueless…Whatever the case, Fitzpatrick subjected himself to national embarrassment by missing the House opening last week to attend a reception attended by more than 500 supporters at the Capitol Visitor Center.” [Philadelphia Inquirer, Editorial, 1/14/11] Rep. Andrew Weiner suggested that the Republicans had ignored their recently adopted rules package which included a requirement that all legislation be made public three business days before a vote. Weiner argued that the resolution demanded more care consideration, insisting “we are dealing with a constitutional issue and one that is without precedence.” [CQ Today, 1/07/11] The resolution passed, 257-159. [H Res 27, Vote #11, 1/07/11] Voted in Favor of Overhaul of Ethics and Lobbying Rules In 2007, Bilbray voted in favor of legislation to overhaul congressional lobbying and ethics rules for members and their staffs, as well as requiring the disclosure of “bundled” campaign contributions that exceed $15,000 in a six-month period or $30,000 in a year. The bill extended the time period before former senators can become lobbyists to two years while former House members would have to wait one year. The bill also required quarterly disclosure reports on lobbying activities and denied congressional pensions to members convicted of certain felonies committed after the date of enactment. The measure required senators, candidates for Senate and presidential candidates to pay charter rates for trips on private planes while barring House candidates from accepting trips on private planes. Among changes to House and Senate rules, the bill prohibited a member’s staff from having lobbying contact with the member’s spouse and imposed new earmark disclosure requirements in the Senate. Civil penalties for failure to comply with lobbying disclosure requirements were raised to $200,000. [CQ Weekly, 8/06/07] 80 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 411-8. [S. 1, Vote #763, 7/31/07] Voted to Censure Rep. Charles Rangel In 2010, Bilbray voted to censure Rep. Charles Rangel and require him to pay restitution for any unpaid estimated taxes on income from his property in the Dominican Republican. According to an ethics investigation, Rangel improperly solicited donations for an education center bearing his name, failed to pay taxes and inaccurately reported his income. The panel found Rangel guilty of 11 of the 13 charges against him and recommended censure. Rangel apologized for his actions and implored members to vote with compassion, drawing comparisons between previous censure-worthy actions and his own “sloppy, or even stupid” actions. [CQ Today, 12/02/10] The resolution passed, 333-79. [H Res 1737, Vote #607, 12/02/10] Voted Against Substituting Reprimand for Censure In 2010, Bilbray voted against an amendment substituting a written reprimand instead of censure for Rep. Charles Rangel. According to an ethics investigation, Rangel improperly solicited donations for an education center bearing his name, failed to pay taxes and inaccurately reported his income. The panel found Rangel guilty of 11 of the 13 charges against him and recommended censure. Some members, including the amendment’s author, Rep. G.K. Butterfield, felt that censure was too harsh a penalty. Reprimand carries less stigma than censure and would not have required Rangel’s presence in the chamber after the vote. Two other members of the New York delegation, Republican Rep. Peter King and Democratic Rep. Jerrold Nadler, said that neither the substance of the charges nor historical precedent warranted severe punishment. [CQ Today, 12/02/10] The amendment failed, 146-267. [H Res 1737, Vote #606, 12/02/10] Voted to Allow Ethics Investigation into Rangel In 2008, Bilbray voted in favor of an ethics investigation into House Ways and Means Chairman Charles Rangel. The Boehner privileged resolution would remove Rangel from his chairmanship and establish a subcommittee in the House Standards and Official Conduct Committee within 10 days of the resolution’s adoption to investigate whether Rangel violated U.S. tax code in his reporting of rental income for a property he has owned in the Dominican Republic since 1988. [CQ Floor Votes, 9/18/08] Rangel was the subject of news reports revealing discrepancies on his financial disclosure forms; accounting irregularities that resulted in back taxes owed on undeclared income from a vacation property in the Dominican Republic; storage of a car with expired tags in a House parking garage; and his use of rent-stabilized apartments in the Harlem neighborhood of New York City. Speaker Pelosi said there was no need for Rangel to step down. 81 DCCC Bilbray Research Book Last Updated 2/29/12 In July, a measure seeking censure of Rangel failed, with 25 Republicans siding with Democrats in a 254138 vote to table it. The ethics committee’s top Republican, Doc Hastings of Washington, said the committee should hire a special counsel and form an investigative subcommittee to look into the Rangel matter. He said that he had been calling for the panel to launch an official investigation since the end of July. [CQ Today, 9/18/08] The motion to table the resolution was agreed to by a vote of 226 to 176. [H Res 1460, Vote #609, 9/18/08] Supported Ethics Investigation into Bill Jefferson In 2007, Bilbray voted in favor of a privileged resolution that would direct the Committee on Standards of Official Conduct to investigate alleged illegal conduct and House rules violations by Rep. William J. Jefferson (D-LA). Under the measure, the Committee was required to report its findings and recommendations to the House, including whether he should be expelled from the House. [CQ Floor Votes, 6/05/07] In June 2007, Jefferson was indicted on bribery, racketeering, money laundering, obstruction of justice, and related charges. The 16-count indictment, returned by a federal grand jury in Alexandria, Va., charged Jefferson with solicitation of bribes, honest services wire fraud, money laundering, obstruction of justice, violating the Foreign Corrupt Practices Act, racketeering, and conspiracy. The indictment alleged that from in or about August 2000 through in or about August 2005, Jefferson, while serving as an elected member of the U.S. House of Representatives, used his position and his office to corruptly seek, solicit and direct that things of value be paid to Jefferson and his family members in exchange for his performance of official acts to advance the interests of people and businesses who offered him the bribes. [Capitol Hill Broadcast Network, 6/04/07] The resolution passed 373-26. [H Res 452, Vote #430, 6/05/07] Supported Resolution Condemning Murtha In 2007, Bilbray voted against a motion to table (kill) a resolution sponsored by Republican leader John Boehner (R-OH) condemning Congressman John Murtha (D-PA) for allegedly bringing “dishonor and discredit to the House of Representatives by misusing the powers of the chair.” According to CQ Today, Republicans complained that Murtha “did not show the proper degree of fairness or respect as Speaker pro tempore toward a colleague,” Congressman Jim Sensenbrenner (R-WI) during a debate over approval of the Journal of the previous day’s proceedings. [CQ Today, 8/05/07; Congressional Record, 8/03/07, Page 9695] The motion to kill the resolution passed 211-178. [HRes 612, Vote #822, 8/03/07] Voted to Censure Rep. Pete Stark 82 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted to censure Rep. Pete Stark for his comments during floor debate on October 18, 2007 on the override vote on the president’s veto of the State Children’s Health Insurance Program. [CQ Floor Votes, 10/23/07] Criticizing the President for his refusal to add $35 billion over five years to expand SCHIP to 10 million kids, Stark said Bush was able to find money for the troops, but not for children’s health. “You don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement,” Stark said. [Associated Press, 10/18/07] The motion to table the resolution passed 196-173. [H Res 767, Vote #986, 10/23/07] Note: A vote for censure is a “no” vote to table the resolution. Voted to Reprimand Murtha In 2007, Bilbray voted against a Democratic motion to kill a resolution denoting that Congressman John Murtha (D-PA) has been guilty of a violation of the Code of Official Conduct and merits the reprimand of the House. The resolution alleged that Murtha had threatened to revoke another lawmaker’s earmarks. According to The Hill, “The earmark drama began last week when Rep. Mike Rogers (R-Mich.) said that Murtha approached him on the floor and told him ‘in a loud voice’ that there would be consequences for offering a procedural motion, which would have abolished $23 million for the National Drug Intelligence Center, which is based in Murtha’s district.” House rules state that lawmakers cannot make spending projects conditional on how another lawmaker decides to vote. [The Hill, 5/23/07] Murtha later apologized to Rogers. [The Hill, 5/24/07] The motion to kill Rogers’ resolution passed 219-189. [HRS 428, Vote #402, 5/22/07] 83 DCCC Bilbray Research Book Last Updated 2/29/12 Abortion and Family Planning Issues Significant Findings Called Himself “Pro-Choice,” But Opposed to “Abortion on Demand” Flip-Flopped on Funding of Planned Parenthood Flip-Flopped on Defending Access to Abortion for Military Personnel Inconsistent on Protecting Federal Employee’s Access to Reproductive Choice Bilbray has an inconsistent voting record on abortion and family planning issues, calling himself “pro-choice” but opposed to “abortion on demand.” In one of his first votes as a member of Congress in 1995, Bilbray voted against an effort to restrict access to abortion for military personnel on bases. However, he flipflopped on the issue and more recently voted to uphold the restrictions. He also changed his stance on Planned Parenthood and most recently voted to prohibit any government funding for Planned Parenthood. Called Himself Pro-Choice, but “Adamantly Anti-Abortion on Demand” In May 2006, Bilbray discussed his position on abortion and said that he was pro-choice, but opposed abortion on demand: I fall in with those who are pro-choice, but I am still adamantly anti-abortion on demand. And I do not support the notion of underage girls having abortions without the parents being notified. [San Diego Union-Tribune, 5/07/06] 2011: Voted to Prohibit Any Government Funding for Planned Parenthood In 2011, Bilbray voted for an amendment that would bar all funding for Planned Parenthood Federation of America or its affiliates. Conservatives had long targeted Planned Parenthood as a major abortion provider but the amendment would bar all federal funding. Planned Parenthood received some $75 million received to provide family planning assistance, contraception, HIV counseling, cancer screenings and other medical services. 84 DCCC Bilbray Research Book Last Updated 2/29/12 According to Susan Cohen, director of governmental affairs at the Guttmacher Institute research organization, for every dollar spent on contraception for low-income women, the government saves four dollars in medical costs within the next year by averting unwanted pregnancies. [New York Times, 2/17/11] A New York Times editorial pointed out that Republicans’ assault on women’s health would deny millions of women access to affordable contraception and life-saving cancer screening, as well as cut nutritional support for millions of newborn babies. [New York Times, Editorial, 2/25/11] The amendment passed, 240-185. [HR 1, Pence amendment #11, Vote #93, 2/18/11] Disseminated Incorrect Information in Response to Constituent on Planned Parenthood In 2011, a constituent received a factually incorrect letter into his inquiry into Bilbray’s Planned Parenthood vote. The letter read “Representative Mike Pence’s (R-IN) amendment to H.R.1 eliminates funding for the domestic family planning program known as Title X. Planned Parenthood receives its funding mostly from the Title X program for family planning services including abortion and counseling services. I voted in favor of this amendment when it passed in the house by a vote of 240 to 185 because it should not be the position of the federal government to fund abortions.” San Diego City Beat reported that the Pence Amendment did not eliminate Title X funds and Title X funds cannot be used for abortions anyway. Bilbray’s spokesperson said “The letter is factually incorrect and we are taking steps to correct it.” [San Diego City Beat, 4/12/11] Flip Flop: Denounced Planned Parenthood, But Previously Supported Continuing Funding In 2011, the San Diego City Beat reported that Bilbray denounced Planned Parenthood, however, in 1998 and 2000 he expressed support for Planned Parenthood In the documents, Bilbray repeatedly expressed his support for the Roe v. Wade decision, funding for Title X federal programs and Medicaid coverage for abortions in cases of rape, incest and when the mother’s life is threatened…On two different questionnaires, he explicitly stated that he supported continued federal funding for Planned Parenthood. [Planned Parenthood Action Fund, Campaign Questionnaire, 1/04/00; San Diego City Beat, 4/12/11] 2007: Voted to Eliminate Funding for Planned Parenthood In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Department of Health and Human Services to eliminate federal funding for Planned Parenthood. The amendment would have barred the use of funds in the bill for Planned Parenthood. [CQ Floor Votes, 7/19/07] The amendment was defeated 189-231. [HR 3043, Vote #684, 7/19/07] 2011: Voted to Defund Planned Parenthood 85 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray voted for a bill which would insert a section in the FY11 Continuing Resolution which would prohibit Planned Parenthood and its affiliates from receiving federal funding. The resolution would order the Clerk of the House to change H.R. 1473, the FY11 Continuing Resolution, to bar the use of the federal funds to go to Planned Parenthood Federation of America, Inc., or any affiliate. [The Hill, 4/12/11] The bill passed 241-185. [H Con Res 36, Vote #271, 4/14/11] 1995: Supported Abortion Services to Military Victims of Rape Women were not allowed to use private funds to obtain abortions at military hospitals until 1973, when it was decided that the health risk to women who sought these services elsewhere was too great given subpar medical standards at off-base medical facilities and the fact that abortion was illegal in many of the countries in which military personnel were stationed. President Ronald Reagan reversed this policy in 1988, but President Clinton overturned the ban as one of his first actions after taking office in 1993. Republicans returned the favor by reinstating the ban after taking control of Congress in 1995. [Congressional Quarterly, 6/21/97] The military allowed its doctors to perform abortions only in cases of rape, incest or where the mother’s life was endangered. The government did not pay for the procedures. In 1995, Bilbray voted against an amendment to prohibit abortions at overseas military facilities unless the life of the woman was endangered. [Omaha World Herald, 9/10/95] The amendment passed 226-191. [HR 2126, Vote #642, 9/07/95] Flipped: Supported Restricting Access to Abortion for Military Personnel After 1995, Bilbray has regularly opposed efforts to provide access to abortions for military personnel: 1999: Bilbray voted against an amendment to allow privately funded abortions in overseas military hospitals. The amendment was rejected, 203-225 [CQ Floor Votes, 9/09/99; HR 1401, Vote #184, 6/09/99] 1998: Bilbray voted against an amendment ending the prohibition on privately funded abortions at overseas Defense Department medical facilities. The amendment was defeated, 190-232 [CQ Floor Votes, 5/20/98; HR 3616, Vote #171, 5/20/98] 1997: Bilbray voted against an amendment to repeal the law prohibiting overseas U.S. military hospitals and medical facilities from performing privately funded abortions for U.S. service members and their dependents. The amendment was defeated, 196-224. [CQ Floor Votes, 6/19/97; HR 1119, Vote #217, 6/19/97] 86 DCCC Bilbray Research Book Last Updated 2/29/12 1996: Bilbray voted against an amendment repealing the law prohibiting overseas U.S. military hospitals and medical facilities from performing privately funded abortions for U.S. service members and their dependents. The amendment was defeated, 192-225. [CQ Floor Votes, 5/14/96; HR 3230, Vote #167, 5/14/96] Inconsistent on Choice and Family Planning for Federal Employees Bilbray has an inconsistent voting record for protecting the rights of federal employees to health insurance plans covering abortion services and contraceptives. Bilbray has voted four times against allowing federal health insurance plans to provide abortion services and contraceptives: 2000: Bilbray voted against an amendment to allow women covered by the federal employee health benefit program to receive abortion services. The amendment was defeated 184-230. [CQ Floor Votes, 7/20/00; HR 4871, Vote #422, 7/20/00] 1999: Bilbray voted in favor of a spending bill that continued the ban on federal employee health insurance from covering abortions and allowed for religious health plans to be exempt from requiring prescription drug coverage to include contraceptives. The measure passed on a vote of 210-209. [CQ Floor Votes, 7/15/99; HR 2490, Vote #305, 7/15/99] 1999: Bilbray voted against an amendment allowing federal employees to join health plans that provide coverage for abortions. The proposal to lift the ban was defeated 188-230. [CQ Floor Votes, 7/15/99; HR2490, Vote #301, 7/15/99] 1998: Bilbray voted against an amendment to allow federal employee health plans to cover abortion services. The amendment was defeated 183-239. [CQ Floor Votes, 7/16/98; HR 4104, Vote #288, 6/16/98] But Bilbray voted four times for allowing federal health insurance plans to cover abortion services and contraceptives: 1999: Bilbray voted for an amendment to require federal employees’ health benefits to cover prescription drug contraceptives and related services. The amendment passed 217-200. [CQ Floor Votes, 7/15/99; HR 2490, Vote #303, 7/15/99] 1998: Bilbray voted for a motion to recommit the Treasury-Postal appropriations bill to the conference committee with instructions to report it back with an amendment requiring federal health plans that cover other prescription drugs to also cover prescription contraceptives. The amendment was defeated, 202-226. [CQ Floor Votes, 10/07/08; HR 4104, Vote # 493, 10/07/98] 1998: Bilbray voted against an amendment to prohibit federal employee health plans from providing insurance coverage for drugs that induce abortion. The amendment was defeated, 198222. [CQ Floor Votes, 7/16/98; HR 4104, Vote #292, 6/16/98] 87 DCCC Bilbray Research Book Last Updated 2/29/12 1998: Bilbray voted for an amendment to prohibit the Office of Personnel Management from accepting a contract that provided coverage for prescription drugs unless the plan also provided equivalent coverage for prescription contraception drugs. The amendment passed, 224-198, but was removed from the bill in conference committee. [CQ Floor Votes, 7/16/98; HR4104, Vote #290, 7/16/98] Voted to Restrict the District of Columbia from Using Funds to Pay for Abortions In 2011, Bilbray voted to restrict the District of Columbia from using their funds to pay for abortions. The bill also contained a policy rider which would have restricted the District of Columbia from using funds appropriated by the bill or its own tax dollars to pay for abortions with exceptions for the life of the mother and if the pregnancy was the result of rape or incest. When the Senate amended the bill it struck most of the language and made it a simple Continuing Resolution which funded all government agencies through April 15th, 2011 with some reductions to FY10 funding levels. [CQ Weekly Report, 4/11/11] The bill underlying bill would have provided funds for the Department of Defense through the end of Fiscal Year 2011 and all other government agencies through April 15th, 2011, while cutting an additional $12 billion. The bill passed 247-181. [HR 1363, Vote #247, 4/07/11] Voted to Prohibit the District of Columbia from Using Funds for Abortions In 2011, Bilbray voted for a bill containing a policy rider which barred the District of Columbia from using federal or local fund to fund abortions. The policy rider barred the District of Columbia from using federal or local funds to fun abortions with exclusions for the life of the mother, rape and incest. This is possible because the federal government ultimately controls the DC budget. The underlying bill was the final continuing resolution passed to fund the federal government for the rest of Fiscal Year 2011. [CQ BillAnalysis, 7/14/11; CQ Floor Votes, 4/14/11] The bill passed 260-167. [HR 1473, Vote #268, 4/14/11] NOTE: This bill was passed as a compromise between the White House, Senate and House of Representatives to avoid a government shutdown and provided funding for government agencies for the remainder of FY11. Co-Sponsored Bill to Redefine Rape In 2011, Bilbray co-sponsored the No Taxpayer Funding for Abortions Act, which would redefine a ban on federal funding for abortions to exempt only “forcible rape” and not “rape” generally. [HR 3 Co-Sponsors, 112th Congress] According to the Washington Post, the Act would make a version of the Hyde Amendment permanent. The Hyde Amendment, which had been renewed every year since 1976, prevented some federally-funded 88 DCCC Bilbray Research Book Last Updated 2/29/12 health care programs from covering abortions, with exceptions in cases of rape and incest, and when the life of the woman is threatened. However, under the language proposed by the No Taxpayer Funding for Abortions Act, rape becomes “forcible rape.” The Washington Post reported that the bill’s critics believed “the modifier could distinguish it from other kinds of sexual assault that are typically recognized as rape, including statutory rape and attacks that occur because of drugs or verbal threats.” [Washington Post, 2/01/11] Voted to Protect Doctors’ Education on Providing Abortions In 2011, Bilbray voted against an amendment which cut funding for educating doctors in how to provide abortions, which are sometimes necessary to protect the life and health of the mother. The amendment banned the use of funds authorized by the underlying bill to teach medical students how to provide abortions. The amendment also banned the distribution of funds to educational health facilities which discriminate against entities that refuse to provide or pay for abortions. According to the AP: “The proposal was presented as an amendment to the latest of several GOP bills to restrict funding for the health care act that was enacted last year. This bill gives Congress control over spending for a program to encourage health centers to provide training to medical residents. The amendment applies to funding in that grant program.” [Associated Press, 5/25/11; The Hill, 5/24/11] The amendment passed 234-182. [HR 1216, Vote #338, 5/25/11] Supported Stupak Amendment to Bar Federal Funds in Health Care Bill to Pay for any Abortion Services In 2009, Bilbray voted for Congressman Bart Stupak’s (D-MI) amendment to the Affordable Health Care for America Act that banned federal funds authorized in the bill from being used to pay for an abortion or to cover any part of the costs of any health plan that included abortion coverage. This excluded elective abortion coverage from the public option and an individual using a subsidy to purchase a private plan cannot purchase one that covers elective abortion. Insurers would be allowed to cover abortions that result from rape or incest or when a pregnancy threatens a mother’s life. An individual with a subsidized policy from the bill would have to purchase coverage for elective abortion separately with their own money. [CQToday, 11/07/09] The amendment passed 240-194. [HR3962, Vote #884, 11/07/09] Voted to Kill Health Care Reform with Abortion Amendments In 2010, Bilbray voted to kill health care reform by voting for a motion to recommit the bill with amendments that would bar the use of federal funds to pay for an abortion, unless the pregnancy was the result of rape, incest or certain other conditions. Individuals receiving subsidized health care policies would be forced to purchase abortion coverage separately. The White House and many Democrats contended that the health care bill as written explicitly barred federal funds from being used to pay for abortions. In addition, President Obama signed an executive 89 DCCC Bilbray Research Book Last Updated 2/29/12 order ensuring the same limits on federal funding of abortions remained in place with the new law. [Roll Call, 3/11/10; US News & World Report, 3/12/10; CNN, 3/24/10] The motion to recommit failed, 199-232. [HR 4872, Vote # 166, 3/21/10] Supported Abstinence Education In 2007, Bilbray voted in favor of an amendment to strike a provision in the fiscal year 2008 Foreign Operations appropriations bill that would eliminate an abstinence education funding mandate of 33 percent. [CQ Floor Votes, 6/21/07] The amendment’s sponsor, Representative Joseph Pitts (R-PA) argued that existing mandates for abstinence education funding were working to reduce the HIV / AIDS pandemic. [Congressional Record, 6/21/07, Page H6862] Congresswoman Nita Lowey (D-NY) opposed the amendment, noting that a study by the Institute of Medicine report had noted that the abstinence education mandate “has greatly limited the ability of country teams to develop and implement comprehensive prevention programs that are well integrated with each other and with testing, care, and treatment programs.” [Congressional Record, 6/21/07, Page H6862] The amendment was defeated 200-226. [HR 2764, Vote #532, 6/21/07] Voted to Ban Taxpayer-Funded Support for Abortion Providers In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 foreign operations bill to remove bill language that would mandate U.S. subsidies to organizations that actively promote abortion in foreign nations. The amendment was intended to strip language from the bill that would effectively overturn the pro-life “Mexico City Policy.” This pro-life policy was originally adopted by President Reagan and announced at a 1984 population conference in Mexico City. The policy was reinstated by President Bush in 2001. Under this policy, in order to be eligible for U.S. “population assistance,” a private organization must sign a contract promising not to perform abortions (except to save the mother’s life or in cases of rape or incest), lobby to change the abortion laws of host countries, or otherwise “actively promote abortion as a method of family planning.” According to National Right to Life, the amendment was “entirely an abortion policy vote – it has nothing whatever to do with funding levels for contraceptive programs, anti-HIV/AIDS programs, or any of the other diversionary issues raised by opponents of the Mexico City Policy.” [National Right to Life letter to Members of Congress, 6/18/07] The amendment to preserve the Mexico City language was defeated 205-218. [HR 2764, Vote #534, 6/21/07] Opposed Amendment to Promote Family Planning, Reduce Abortions 90 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against an amendment to allow international non-governmental organizations (NGOs) who do not comply with the Mexico City Policy to receive donated contraceptives for millions of men and women who need them. The “Mexico City Policy” originally adopted by President Reagan and announced at a 1984 population conference in Mexico City. The policy was reinstated by President Bush in 2001. Under this policy, in order to be eligible for U.S. “population assistance,” a private organization must sign a contract promising not to perform abortions (except to save the mother’s life or in cases of rape or incest), lobby to change the abortion laws of host countries, or otherwise “actively promote abortion as a method of family planning.” [National Right to Life letter to Members of Congress, 6/18/07] The amendment would allow for “common-sense family planning to prevent abortions, curb unintended pregnancies, save the lives of mothers, and fight the HIV/AIDS epidemic,” according to its sponsor, Congresswoman Nita Lowey (D-NY). [Rep. Lowey press release, 6/21/07] The amendment passed 223-201. [HR 2764, Vote #533, 6/21/07] Supported Criminalizing Transport of a Minor Across State Lines for an Abortion In 2006, Bilbray voted in favor of making it a crime to transport a minor across state lines for an abortion without parental consent. The bill allowed for a fine and up to one year in prison. Also, parents would have been allowed to sue people who helped their daughters across the border. The bill did allow an exception if the abortion was necessary to save the life of the minor. [CQ Today, 9/26/06] The bill passed 264-153. [S403, Vote #479, 9/26/06] Supported Partial Birth Abortion Ban An annual ritual after Republicans assumed control of the House was voting to ban a type of late-term abortion described by its critics as “partial birth abortion.” When President Bush was elected, they were successful in passing that ban. The ban would be one of the most significant restrictions on abortion since the 1973 Roe v. Wade Supreme Court decision recognizing abortion rights. It included an exception to preserve the life of the woman, but no provisions allowing the procedure when medically necessary to preserve a woman’s health. Physicians who knowingly performed the procedure would be subject to up to two years in prison. In 2000, the Supreme Court ruled 5-4 that a similar bill in Nebraska did not pass constitutional muster because it did not include an exemption allowing the procedure for women whose health would be at risk. [Associated Press, 6/04/03; CQ Today, 6/04/03] In 2007, the Supreme Court ruled 5-4 that the ban on partial birth abortion was Constitutional. [Washington Post, 4/19/07] 91 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray regularly supported such measures: 2000: Bilbray voted in favor of a bill to ban a certain late-term abortion procedure, in which the physician partially delivers the fetus before completing the abortion. Anyone convicted of performing such an abortion would be subject to a fine and up to two years in prison. The bill allowed the father (if he was married to the mother) or maternal grandparents (if the mother was under 18) to file a civil lawsuit against the doctor for monetary damages. The penalties would not apply if the abortion were necessary to save the woman’s life. The bill passed, 287-141. [CQ Floor Votes, 4/05/00; HR 3660, Vote #104, 4/05/00] 1998: Bilbray voted in favor of overturning President Clinton’s veto of the bill to ban certain lateterm abortion procedures. The measure passed 296-132. [CQ Floor Votes, 7/23/98; HR 1122, Vote #325, 7/23/98] 1997: Bilbray voted in favor of a bill that would ban “partial birth” abortions with an exception when the procedure was necessary to save the life of the woman. The bill also made it a federal crime for a doctor to perform a partial-birth abortion and mandate fines of up to two years in jail for physicians who performed the controversial procedure. The bill passed, 295-136. [CQ Floor Votes, 3/20/97; HR 1122, Vote #65, 3/20/97] … Even When the Life of the Mother was Threatened In 1995, Bilbray voted in favor of a bill to ban so-called late term abortions even in cases where the life of the mother was threatened. [CQ Floor Votes, 11/01/95] Rep. Nancy L. Johnson, a pro-choice Republican from Connecticut, complained that the bill did not include exceptions for doctors who performed the procedure to save the life of the mother. “Why endanger her for a fetus that can’t eat, has no kidneys, no heart?” she asked. [Washington Times, 11/02/95 The bill passed 288-139. [HR 1833, Vote #756, 11/01/95] Supported Providing OTC Status for “Morning-After Pill” Bilbray has been a supporter of providing over the counter status for the “morning after” pill. He has voted three times to prevent the Food and Drug Administration from approving the drug for use in the United States. 2000: Bilbray voted against an amendment that would prohibit the Food and Drug Administration from using funds to test, develop or approve any drug for the chemical inducement of abortion. The amendment failed 182-187. [CQ Floor Votes, 7/10/00; HR 4461, Vote #373, 7/10/00] 92 DCCC Bilbray Research Book Last Updated 2/29/12 1999: Bilbray voted against an amendment to prohibit the use of any funding for Food and Drug Administration to test, develop, or approve any drugs for the chemical inducement of abortion. The amendment passed, 217-214. [CQ Floor Votes, 6/08/99; HR 1906, Vote #173, 6/08/99] 1998: Bilbray voted against an amendment to prohibit the Food and Drug Administration from using funds appropriated in the bill to test, develop or approve any drug for chemically induced abortions. The amendment passed, 223-202. [CQ Floor Votes, 6/24/98; HR 4101, Vote #260, 6/24/98] Opposed Allowing Funding for Clinic Protection In 1995, Bilbray voted against an amendment to allow use of federal block grant funds to protect abortion clinics. [CQ Floor Votes, 2/14/95] The amendment was defeated 164-266. [HR 728, Vote #125, 2/14/95] 93 DCCC Bilbray Research Book Last Updated 2/29/12 Agriculture Issues Significant Findings Flip-Flopped on Subsidies for Wealthy Farmers Opposed Food Safety Reform Opposed Farm Bill Voted for Several Farm Earmarks Bilbray is not a friend of farmers. He consistently opposed efforts to help farmers, whether it was extending bankruptcy protections to farmers, conservation programs, and grants to help fledgling farms. He also voted against efforts to increase food safety. After years serving in Congress, Bilbray changed his position from originally opposing farm subsidies for wealthy farmers to defending it today. 1995: Supported Prohibiting Government Farm Subsidies for Wealthy Farmers In 1995, Bilbray voted for an amendment to prohibit persons with annual adjusted gross incomes of $100,000 or more from off-farm sources from receiving deficiency payments or land diversion payments. [CQ Floor Votes, 7/21/95] The amendment was defeated 158-249. [HR 1976, Vote #545, 7/20/95] 2007: Voted to Provide Farm Subsidies to Millionaires In 2007, Bilbray voted against an amendment to the 2007 Farm Bill reauthorization to prohibit millionaires from receiving farm subsidies. The amendment prohibited individuals from receiving farm conservation payments if their income exceeds $1 million, unless 75 percent of their income comes from farm income. [CQ Floor Votes, 7/27/07] Congressman Colin Peterson (D-MN), the Chairman of the House Agriculture Committee, opposed the amendment, claiming that it would undermine the safety net for farmers, and would weaken farm conservation efforts. [Congressman Colin Peterson, Congressional Record, 7/27/07; Page H8770] Meanwhile, Congressman Tim Mahoney (D-FL) supported the amendment, saying that it would provide “real farmers, not millionaires, access to critical conservation programs.” [Congressman Tim Mahoney, Congressional Record, 7/27/07; Page H8770] 94 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 175-252. [HR 2419, Vote #753, 7/27/07] 2008: Voted to Set Limits on Farm Subsidies In 2008, Bilbray voted in favor of a motion to instruct House conferees to agree to Senate-passed provisions that would set a $40,000 per person limit for annual direct payments to farmers. The motion was introduced by Rep. Flake (R-AZ) who called the Farm Bill “out of control” and advocated ended the permanent disaster title. Flake also said the farm subsidies were “well beyond what is required and necessary and right and proper. Yet, we continue to do this simply because it makes for good politics.” [Statement by Rep. Flake, H#104, 5/01/08] Democratic proponents of the bill argued that the legislation was designed to protect from “whole farm loss” not ad hoc lesser disasters. Democrats also maintained that the bill required farmers to have crop insurance to prevent the use of disaster funds as de facto risk protection. [Statement by Rep. Pomeroy, H#104, 5/01/08] The motion was rejected, 157-259. [HR 2419, Vote #238, 5/01/08] Opposed a Solution to Make Food Safer In 2009, Bilbray voted against the Food Safety Enhancement Act of 2009 which would have modernized and strengthened the way we protect America’s food supply and ensure fewer outbreaks of food borne illnesses. The bill required the Food and Drug Administration (FDA) to create a system for tracing food along the food chain so that recalls could be implemented more quickly. It also for the first time allowed the FDA to impose civil and criminal penalties and to implement mandatory food quarantines, both for the first time. [CQ Today, 7/30/09] The measure passed 280-150. [H.R. 2749, #657, 7/29/09] Opposed Override of Veto of Farm Bill Reauthorization In 2008, Bilbray voted against an attempt to override President Bush’s veto of the Farm bill. Among other benefits, the bill authorized a $10 billion increase for nutrition programs, cut direct payment subsidies overall by $313 million, and authorized $1.3 billion to enroll new acreage in the Wetlands Reserve Program and reduce the Conservation Reserve Program to 32 million acres. The legislation made historic new investments in food, farm and conservation programs and was supported by a broad, bipartisan coalition. The House Agriculture Committee heralded the passage, saying “while no one got everything they wanted in this Farm Bill, we struck a balance that meets the pressing needs of working American families struggling with high food prices and that supports America’s farmers and ranchers as they continue to provide a safe, abundant, homegrown supply of food and fiber while protecting our natural resources and developing new sources of renewable energy.” [House Agriculture Committee Release, 5/22/08] 95 DCCC Bilbray Research Book Last Updated 2/29/12 In his message to Congress, President Bush defended his decision to veto the bill saying that among his concerns were that it contained a wide range of objectionable provisions, including a limitation on the ability of the U.S. to redirect food aid dollars for emergency use. Some provisions in the bill also raised serious constitutional concerns for the President. [White House Release, 5/21/08] The bill was passed, the objections of the President notwithstanding. [HR 2419, Vote #346, 5/21/08] Opposed Farm Bill Reauthorization In 2008, Bilbray voted against a bill that would reauthorize the federal farm and nutrition programs for five years. The bill replaced a previously passed version (HR 2419) which only contained 14 of the bill’s 15 titles due to an enrollment error. The original legislation had omitted the section on trade. [CQ Today, 5/22/08] The bill authorized a $10 billion increase for nutrition programs, cut direct payment subsidies overall by $313 million, and authorized $1.3 billion to enroll new acreage in the Wetlands Reserve Program and reduce the Conservation Reserve Program to 32 million acres. The bill also required country-of-origin labels for all meat by September, 2008, extended the Milk Income Loss Contract program through fiscal 2012 and provided a subsidy for the purchase of excess sugar in the U.S. market to make sugar-based ethanol. President Bush threatened to veto the legislation to sharply limit government subsidies to farmers at a time of near-record commodity prices and soaring global demand for grain. Critics of the bill countered that it lacked needed reform. [New York Times, 5/15/08] The bill passed 306-110. [HR 6124, Vote #353, 5/22/08] Opposed Original Legislation to Reauthorize of Farm Bill In 2008, Bilbray voted against the Farm bill conference report. The bill authorized a $10 billion increase for nutrition programs, cut direct payment subsidies overall by $313 million, and authorized $1.3 billion to enroll new acreage in the Wetlands Reserve Program and reduce the Conservation Reserve Program to 32 million acres. The bill also required country-of-origin labels for all meat by September, 2008, extended the Milk Income Loss Contract program through fiscal 2012 and provided a subsidy for the purchase of excess sugar in the U.S. market to make sugar-based ethanol. President Bush threatened to veto the legislation to sharply limit government subsidies to farmers at a time of near-record commodity prices and soaring global demand for grain. Critics of the bill countered that it lacked needed reform. [New York Times, 5/15/08] The conference report passed, 318-106. [HR 2419, Vote #315, 5/14/08] 96 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Delay Farm Bill In 2008, Bilbray voted in favor of a motion to instruct House conferees to use the most recent baseline estimates supplied by the Congressional Budget Office when evaluating the costs of the bill’s provisions to determine if it complies with House pay-as-you-go (PAYGO) rules. Republicans argued that Democrats were bending their own pay-go rules by using a different standard of budget baseline measurement. Rep. Ryan (R-WI) contended that economic conditions had changed since 2007 and that it would be inaccurate to use an estimate that was over a year old. Ryan also expressed concern that by using the 2007 baseline, there was an opportunity to “hide billions and billions of dollars in new spending.” [Statement by Rep. Ryan, H2993, 5/01/08] Democrats disputed these claims, noting that the Agriculture Committee had worked on the Farm bill for 17 months and that an effort to change the baseline after the bicameral conference would only serve to delay the important legislation further. [Statement by Rep. Pomeroy, H2994, 5/01/08] The motion was rejected, 172-241. [HR 2419, Vote #247, 5/06/08] Voted for Massive Cuts to the Department of Agriculture In 2011, Bilbray voted to cut the budget of the Department of Agriculture and programs funded through the USDA including food safety and nutrition programs. The bill cut more than $2.7 billion out of the discretionary budget of the Department of Agriculture, including $832 million from the Women, Infants & Children Nutrition (WIC) Program. The FDA’s food safety program was cut by $87 million compared to what it was receiving in Fiscal Year 2011 or $205 million less than the President’s request. In addition, another $35 million was cut from the USDA’s food safety and inspection service. The Commodity Futures Trading Commission, which is supposed to stabilize commodity prices by regulating commodity speculation, was also cut by $30 million. [The Hill, 6/16/11; Washington Post, 6/17/11] The bill passed 217-203. [HR 2112, Vote #459, 6/16/11] Bilbray even voted against a motion to increase funding for the Commodity Futures Trading Commission with that funding going to regulate excessive speculation. The motion failed 185-233. [HR 2112, Vote #458, 6/16/11] Supported Funding for Tobacco Earmark In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill that would bar the use of funds in the bill for earmark to study alternative uses of a tobacco grant in Maryland. [Congressional Quarterly] The amendment would have removed $400,000 in federal funds from being used for alternative uses for tobacco in Maryland and reduced the cost of the bill by a consistent amount. 97 DCCC Bilbray Research Book Last Updated 2/29/12 The certification letter submitted to the Appropriations Committee stated that the funding would go to the University of Maryland College of Agriculture and Natural Resources for the Alternative Uses of Tobacco Research Project. The Alternative Uses of Tobacco Research Project is focused on finding new, nonsmoking uses for tobacco, such as pharmaceutical or biotechnology applications. From 2002 to 2007, the Alternative Uses of Tobacco Research Project received earmarks of between $320,000 and $400,000. [Statement of Congressman Jeff Flake, 8/02/07] The amendment was defeated 94-337. [HR 3161, Vote #811, 8/02/07] Supported Earmark for Grape Research In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill that would bar the use of funds in the bill for grape genetics research in Geneva, N.Y. [Congressional Quarterly] The Agriculture Research Service established the Grape Genetics Research Unit in Geneva, New York, at the center of New York’s grape-growing region in conjunction with Cornell University. The goals of the program are to reduce losses to crop yield and quality that result from disease, pests and environmental stress, and to improve grape and grape product quality and utilization. The genetic research unit’s primary research areas are development of resistance to pests and diseases, superior adaptation of grapes to growing conditions and tolerances for environmental and weather-related stress, and improved product quality through enhanced knowledge of genetic factors governing color, flavor, aroma, sensory characteristics and yield. [Statement of Congressman Jim Walsh, 8/02/07] The amendment was defeated 76-353. [HR 3161, Vote #810, 8/02/07] Supported Catfish Disease Earmark In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill would bar the use of funds in the bill for the Catfish Pathogen Genomic Project in Auburn, Alabama. [CQ Floor Votes, 8/02/07] The amendment would have prevented $878,046 in federal funds from being used for catfish genome research in Auburn, Alabama, and would reduce the cost of the bill by a commensurate amount. According to the earmark description in the certification letter, the funding would go to Auburn University “to help continue important research into the genomic behavior of catfish in order to resist and cope with virulent disease strains.” “I think that this is definitely one earmark that the taxpayers would love to throw back,” said Congressman Jeff Flake (R-AZ), who sponsored the amendment. [Congressional Record, 8/02/07; Page H9631] 98 DCCC Bilbray Research Book Last Updated 2/29/12 Opponents of the amendment pointed out that the research was necessary to protect the safety and health of the food supply, protect and strengthen important American products and an industry. [Floor Statement of Congressman Mike Rogers, 8/02/07; Congressional Record, 8/02/07; page H9631] The amendment was defeated 74-357. [HR 3161, Vote #809, 8/02/07] Voted to Cut Grants for Rural Economic Development In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Agriculture appropriations bill that would reduce funding by $6.3 million for the Rural Community Advancement Program, which provides rural development direct loans, loan guarantees and grants. The Rural Community Advancement Program assists small communities with low per capita incomes develop strategies to spur economic development. The program provides financial and technical assistance, as well as priority for many federal and state programs. [Rural Community Advancement Program] The amendment was defeated 90-337. [HR 3161, Vote #804, 8/02/07] NOTE: State-by-state program success stories which demonstrate the value of this program can be found at this site: http://www.rurdev.usda.gov/rd/stories/index.htm#mi Opposed Tax Credits for Forestry Conservation Bond Program In 2008, Bilbray voted in favor of a motion to instruct conferees on the Farm bill to reject section 12808 of the Senate-passed bill, which would create a qualified tax credit forestry conservation bond program. The motion was introduced by Rep. Cantor (R-VA) who objected specifically to a $200 million earmark included in the Senate-passed bill (Section 12808) creating a tax credit bond program that seemed to benefit one landowner: Montana timber giant Plum Creek. Cantor called the provision the “bridge to nowhere” of the farm bill. [Statement by Rep. Cantor, H3178, 5/07/08] Rep. Pomeroy (D-ND) opposed the motion, saying the section in question provided a new category of tax credit bonds and established a national program allowing the issuance of $500 million in tax-exempt timber conservation bonds that would go to numerous holders of qualified forestry conservation bonds. [Statement by Rep. Pomeroy, H3178, 5/07/08] The motion was rejected, 169-222. [HR 2419, Vote #305, 5/08/08] Opposed 3.7 Billion in Agriculture Disaster Relief In 2007, Bilbray voted against giving $3.7 billion in agriculture disaster relief. [CQ House Action Reports, No. 110-3, 3/20/07] The bill passed 218 - 212 [HR 1591, Vote # 186, 3/23/07] 99 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Protect International Agriculture Companies In 2007, Bilbray voted in favor of a motion to recommit the 2007 Farm Bill to stop a tax increase on agricultural companies. The motion would have sent the bill to the Agriculture Committee with instructions that it be reported back promptly with language to strike a tax provision that would raise $4 billion over five years by ending the ability of foreign companies operating in the United States to shift income to a third country. [CQ Floor Votes, 7/27/07] President Bush supported the motion. [CQ Today, 7/26/07] The motion was defeated 198-223. [HR 2419, Vote #755, 7/27/07] Opposed Attempt to Cut Cotton Subsidies In 2007, Bilbray voted in favor of an amendment to the 2007 Farm Bill reauthorization that would cut subsidies to cotton producers. The amendment would have reduced the direct payment rate for cotton to $0.06 from $0.0667 with the savings used to increase the land that could be enrolled in the Grasslands Reserve Program by 224,000 acres. [CQ Floor Votes, 7/27/07] The amendment was defeated 175-251. [HR 2419, Vote #752, 7/27/07] Opposed Emergency Funding for Farmers In 2007, Bilbray voted against emergency appropriations legislation to provide $4.5 billion for agriculture disaster assistance, including crop and livestock disaster payments. The bill provided $1.8 billion in crop disaster assistance and $1.5 billion in livestock assistance, and appropriated $500 million for wildfire management and suppression with $400 million for the Forest Service and $100 million for the Bureau of Land Management. The bill also provided $425 million for the secure rural schools program. [CQ Floor Votes, 5/10/07; CQ House Action Reports, 5/10/07] The bill passed 302-120. [HR 2207, Vote #336, 5/10/07] Opposed Country-of-Origin Labeling In 2008, Bilbray voted against the Farm bill conference report. The bill authorized a $10 billion increase for nutrition programs, cut direct payment subsidies overall by $313 million, and authorized $1.3 billion to enroll new acreage in the Wetlands Reserve Program and reduce the Conservation Reserve Program to 32 million acres. 100 DCCC Bilbray Research Book Last Updated 2/29/12 Farm Bill ensures that consumers will be able to know where the foods they feed their families come from. Specifically, country-of-origin labeling will be provided for fruits, vegetables and peanuts. [Rep. Salazar Release, 5/14/08] President Bush threatened to veto the legislation to sharply limit government subsidies to farmers at a time of near-record commodity prices and soaring global demand for grain. Critics of the bill countered that it lacked needed reform. [New York Times, 5/15/08] The conference report passed, 318-106. [HR 2419, Vote #315, 5/14/08] Supported Funding Cut for Agriculture Programs in 1999 In 1999, Bilbray voted in favor of an amendment to cut $102 million from crucial agriculture programs, including elimination of the research education and extension service and slashing funds for the Agricultural Research Service and the Rural Housing Insurance Fund Program. [CQ Floor Votes, 6/08/99] The amendment passed 234-195. [HR 1906, Vote #175, 6/08/99] Supported Eliminating Peanut Price Supports In 1997, Bilbray voted in favor of an amendment to prohibit the use of funds to pay the salaries and expenses of Department of Agriculture personnel who maintain a quota price for peanuts in excess of $550 per ton, effectively establishing the maximum market price for peanuts at that level. [CQ Floor Votes, 7/24/97] The amendment was defeated, 185-242. [HRes 2160, Vote #314, 7/24/97] Opposed Agricultural Export Assistance Programs In 1996, Bilbray voted against a bill to reauthorize three export assistance programs through 2001. The bill would raise the insurance and loan guaranty issuing authority of the Overseas Private Investment Corporation, authorize $40 million in spending for fiscal 1997 for the Trade Development Agency and authorize $240 million for fiscal 1997 for the International Trade Administration. [CQ Floor Votes, 9/11/96] The bill was defeated 157-260. [HR3759, Vote #412, 9/11/96] Supported Cutting $12 Billion from Agriculture Programs In 1995, Bilbray voted in favor of a budget bill that reduced projected spending by $894 billion and taxes by $245 billion over seven years to provide for a balanced budget by fiscal 2002. Over seven years, the bill reduced projected spending on agriculture programs by $12 billion, Medicare by $270 billion, Medicaid by $163 billion, welfare programs by $82 billion, the earned-income tax credit by $32 billion, and federal employee retirement programs by $10 billion. 101 DCCC Bilbray Research Book Last Updated 2/29/12 The bill also included a $500 per-child tax credit for families with incomes up to $110,000, reduced taxes on capital gains income, and expanded eligibility for Individual Retirement Accounts. The bill allowed oil drilling in the Arctic National Wildlife Refuge in Alaska; imposed royalties for hardrock mining on federal lands; capped the federal direct student loan program and increased the federal debt limit from $4.9 trillion to $5.5 trillion. [CQ Floor Votes, 11/17/95] The bill passed 237-189. [HR 2491, Vote #812, 11/17/95] Supported Earlier Version of the Bill In 1995, Bilbray voted in favor of the initial version of the 1995 budget reconciliation bill, which cut $13.4 billion from agriculture programs. [CQ Floor Votes, 10/26/95] The bill passed 227-203. [HR 2491, Vote #743, 10/26/95] Supported Implementation of Meat and Poultry Inspections In 1995, Bilbray voted against an amendment to provide exemptions from a moratorium for regulations dealing with meat and poultry inspections, the cryptosporidium parasite in public water supply and importation of food in lead-soldered cans. [CQ Floor Votes, 2/23/95] The amendment was defeated 177-249. [HR 450, Vote #161, 2/23/95] Supported Massive Cut to Agricultural Programs In 1995, Bilbray voted in favor of a budget plan that cut agriculture spending by $17 billion over the next seven years. [CQ Floor Votes, 5/18/95] The budget passed 238-193. [HConRes 67, Vote #345, 5/18/95] 102 DCCC Bilbray Research Book Last Updated 2/29/12 Arts and Quality of Life Issues Significant Findings Flip-Flopped on Eliminating NEA When he first came to Congress Bilbray supported efforts to eliminate the National Endowment for the Arts. In 2007 and 2001, Bilbray voted against amendments attempting to cut funding for the NEA. 1997: Supported Eliminating NEA In 1997, Bilbray voted in favor of an amendment to eliminate the National Endowment for the Arts. The amendment replaced NEA with an $80 million in block grant funding to states for arts funding. The amendment directed 37 percent of the funding to state arts commissions, 60 percent to local school boards to fund school-based art activities and 3 percent for administrative costs. The amendment also prohibited the use of funds to support obscene or pornographic art. [CQ Floor Votes, 7/11/97] The amendment was defeated 155-271. [HR2107, Vote #266, 7/11/97] … But Opposed Eliminating NEH In 1997, Bilbray voted against an amendment to eliminate all funding for the National Endowment for the Humanities. [CQ Floor Votes, 7/15/97] The amendment was defeated 96-328. [HR2107, Vote #270, 7/15/97] 2007: Voted to Protect Funds for the National Endowment for the Arts In 2007, Bilbray voted against an amendment to the fiscal year 2008 Interior appropriations bill to bar the use of funds in the bill for the National Endowment for the Arts. [CQ Floor Votes, 6/27/07] The amendment failed 97 – 335. [HR 2643, Vote #575, 6/27/07] Voted to Cut NEA Grants In 2011, Bilbray voted in favor of an amendment to HR 1 that would reduce funding for grants and administration at the National Endowment for the Arts by $20.6 million. The amendment passed, 217 – 209. [HR 1, Walberg Amendment, Vote #68, 2/17/11] 103 DCCC Bilbray Research Book Last Updated 2/29/12 Budget Issues Significant Findings Advocated Deal on Debt Ceiling, Blamed Tea Party Flip-Flopped on Raising Debt Limit Voted for Ryan Budget that Benefited Wealthy As a career politician, Bilbray has been in Congress long enough to have voted both for and against increases of the debt limit. He advocated for a deal on the debt ceiling in 2011 and blamed fellow Republicans, specifically Tea Party backed members, for political gamesmanship. Released Statement on Possible Government Shutdown In April 2011, Bilbray released the following statement on the possibility of a federal government shutdown: I do not want the government to shut-down, but the bottom line is Washington needs to get its finances in order. Out of every dollar the United States government spends, 40 cents is borrowed. This is unsustainable. It has been 48 days since the House of Representatives passed H.R. 1 which cut wasteful government spending by $61 billion and the Senate has failed to offer a single proposal of its own. In the past two years the government has increased spending by 80 percent. With one in ten San Diegans out of work, I doubt my constituents have increased their budgets anywhere near that amount. I was sent to Washington to make a difference and stop business as usual so that the next generation of Americans inherits a country with more freedom and a higher standard of living. [State News Service, 4/08/11] Voted Against a Clean Debt Ceiling Raise In 2011, Bilbray voted against raising the statutory debt limit, sometimes referred to the debt ceiling, to $16.7 trillion dollars. The bill was brought under suspension of the rules, requiring a two-thirds vote, to ensure its failure. The debt limit had to be raised prior to August 2nd, 2011, when the United States would default according to Treasury Secretary Timothy F. Geithner. According to the Republican House Ways and Means Chairman, Dave Camp, said the vote was to prove that “the American people” want Congress to tackle the debt crisis before they raise the debt limit. Additional debt ceiling increases were proposed, and eventually passed 104 DCCC Bilbray Research Book Last Updated 2/29/12 later, but as part of a larger bill including budget cuts instead of just a bill which deals solely with the debt ceiling. [Boston Globe, 5/31/11; USA Today, 6/01/11; Washington Post, 6/01/11] The bill failed 97-318. [HR 1954, Vote #379, 5/31/11] Blamed Tea Party Backed Members for Exacerbating Debt Ceiling Problem In 2011, Bilbray advocated for a deal on the debt ceiling, saying Washington was a “crazy town” and that he “prays to God it gets done.” According to the North County Times, Bilbray said tea party-backed members and political gamesmanship were exacerbating the problem. “This whole thing has become very complicated because of the huge increases in our debt, and it doesn’t help when you have people on both sides of the issue screaming,” Bilbray said. “No one trusts Washington to do the right thing, but hopefully we will be able to surprise some people,” he said. [North County Times, 7/28/11] Supported Debt Deal Because It Would Create Jobs In 2011, Bilbray said he voted for the debt-ceiling bill because in the long run it would create an environment to create jobs. “This legislation is a critical step in helping Americans who are in desperate need of work because it focuses on creating a more confident atmosphere for small businesses to hire and prevents further burdening families with job-destroying tax increases,” Bilbray said. [North County Times, 8/01/11] Earlier, Raising Debt Limit without Cuts would “Destroy Jobs” In 2011, Bilbray said that raising the debt ceiling without budget cuts attached to the bill would eliminate jobs and make the nation’s debt problem even worse: The United States will make good on its debt obligations, but reaching our debt limit is only a symptom of the real problem. Forty-cents out of every dollar our government spends is borrowed. We are not just borrowing from China to the tune of $1.16 trillion, we are stealing from our grandchildren. In order to restore certainty in our economy to bolster job growth and keep America competitive we need to stop spending money we don’t have. Raising the debt limit without a credible plan to end Washington’s wasteful spending will destroy jobs and make our debt problems even worse. [KPBS, 7/28/11] Didn’t Expect US to Go into Default in Midst of Debt Ceiling Negotiations Bilbray said that he thought the “United States will make good on its debt obligations,” during debt ceiling negations. Bilbray said raising the debt limit without making changes to the spending habits in Washington will only exacerbate the problem. [San Diego UnionTribune, 7/21/11] Inconsistent Voting Record on Raising the Debt Limit 105 DCCC Bilbray Research Book Last Updated 2/29/12 National Debt Has Grown $10 Trillion Under Bilbray’s Watch. Since Bilbray assumed office in January 4, 1995, the national debt has grown over $10 trillion from $4,801,793,426,032.89 to $15,236,280,735,687.76. [Treasury Direct, accessed 1/23/12] During his first period in Congress, Bilbray voted to increase the debt limit four times: 1997: Voted to Increase the Debt Limit by $450 Billion In 1997, Bilbray voted in favor of agreeing to the conference report to the Balanced Budget Act of 1997 which included a provision to increase the debt limit by $450 billion to $5.95 trillion. This bill eventually became Public Law 105-33. [HR 2015, Vote #345, 7/30/97; CRS Report, 4/05/11] 1996: Voted to Increase the Debt Limit by $600 Billion In 1996, Bilbray voted in favor of HR 3136, the Contract with America Advancement Act of 1996, which raised the national debt limit from $4.9 trillion to $5.5 trillion and was passed in the House by an overwhelming margin of 328-91. This bill was eventually became Public Law 104121. [HR 3136, Vote #102, 3/28/96; Houston Chronicle, 3/29/96] 1995: Voted to Increase the Debt Limit by $600 Billion In 1995, Bilbray voted in favor agreeing to the Conference Report on the Budget Reconciliation Act of 1995 that increased the federal debt limit from $4.9 trillion to $5.5 trillion. This bill was eventually vetoed by the President. [HR 2491, Vote #812, 11/17/95; CQ Floor Votes, 11/17/95] 1995: Voted to Increase Debt Limit In 1995, Bilbray voted for the Budget Reconciliation Act of 1995 that increased the federal debt limit from $4.9 trillion to $5.5 trillion in. This bill was eventually vetoed by the President. [HR 2491, Vote #743, 10/26/95; CQ Floor Votes, 10/26/95] During his second period in Congress, Bilbray has now voted against increasing the debt limit seven times: 2011: Voted Against Increase to Debt Limit In 2011, Bilbray voted against a bill that would increase the statutory debt limit by $2.406 trillion to $16.7 trillion in a bill aimed at increasing the statutory limit on the public debt. The voted failed under suspended rules, 97-318. [HR 1954, Vote #379, 5/31/11; CQ Floor Votes, 5/31/11] 2010: Voted Against Increasing the Debt Limit by $1.9 Trillion In February 2010 , Bilbray voted against increasing the debt ceiling by $1.9 trillion to $14.294 trillion in the Statutory Pay-As-You-Go Act. Eventually this bill became Public Law 111-139. [HJ Res 45, Vote #48, 2/04/10; CRS Report, 4/05/11] 2009: Voted Against Increase to the Debt Limit by $290 Billion 106 DCCC Bilbray Research Book Last Updated 2/29/12 In December 2009, Bilbray voted against increasing the debt ceiling by $290 billion to $12.394 trillion in a bill aimed to permit continued financing of Government operations. This bill eventually became Public Law 111-123. [HR 4314, Vote #988, 12/16/09; CRS Report, 4/05/11] 2009: Voted Against Increasing the Debt Limit by $789 Billion In February 2009, Bilbray against adopting the conference report of the American Recovery and Reinvestment Act of 2009, which increased the debt ceiling by $789 billion to $12.104 trillion. This bill eventually became Public Law 111-5. [HR 1, Vote #70, 2/13/09; CRS Report, 4/05/11] 2008: Voted Against Increasing the Debt Limit by $700 Billion In October 2008, Bilbray voted against the Emergency Economic Stabilization Act of 2008, which increased the debt ceiling by $700 billion to $11.315 trillion. This bill eventually became Public Law 110-343. [HR 1424, Vote #681, 10/03/08; CRS Report, 4/05/11] 2008: Voted Against Increasing the Debt Limit by $800 Billion In 2008, Bilbray voted against resolving the differences between the House and Senate versions and pass HR 3221, the Housing and Economic Recovery Act of 2008. The bill increased the federal debt limit by $800 billion to $10.615 trillion. This bill eventually became Public Law 110289. [HR 3221, Vote # 519, 7/23/08; CRS Report, 4/05/11] 2007: Voted Against Increasing Debt Limit by $850 Billion In 2007, Bilbray voted against adopting a conference report on a budget resolution that triggered a rule that deemed HJ Res 43 in the 110th Congress to have passed. This legislation raised the debt limit to accommodate the spending and revenue levels approved in the adopted budget resolution. Specifically, the limit would be raised by $850 billion to $9.815 trillion. This bill eventually became Public Law 110-184. [S Con Res 21, Vote #377, 5/17/07; HJ Res 43 (110th Cong.) Enrolled; CRS Report, 4/05/11] Voted for the 2012 Republican Ryan Budget That Benefited Wealthy In April 2011, Bilbray voted for the 2012 Republican Ryan budget. In 2011, the Columbian reported that the 2012 House Republican budget’s proposals to lower the highest tax bracket in the federal tax code from 35 percent to 25 percent a “change that would produce a huge tax windfall for the nation’s wealthiest individuals and corporations.” [Columbian, 4/16/11; H.Con.Res. 34, Vote #277, 4/15/11] Voted to Circumvent the Constitution to Dramatically Cut Federal Funding In 2011, Bilbray voted for a bill which deemed HR 1 (2011), the Republican FY2011 Continuing Resolution, as law and would have prevented lawmakers and the president from receiving pay if the government was shut down for more than 24 hours. 107 DCCC Bilbray Research Book Last Updated 2/29/12 The legislation would have enacted HR 1 into law if the Senate had not passed a bill to fund the government through the rest of Fiscal Year 2011 by April 6th, 2011. According to the Los Angeles Times, “Another section tried to revive a House spending plan that was killed by the Senate last month. Under the resolution passed Friday, the dead bill would come back to life and become law, without the president’s signature, if the Senate does not pass a bill funding the government for the rest of the 2011. The Senate would need to act by Wednesday.” [Los Angeles Times, 4/01/11] According to Republican Congressman Louie Gohmert from Texas during a floor speech on this bill, “[…] for a bill to say provisions that pass the House are hereby enacted into law violates my conscience and the Constitution.” [Congressional Record, p. H2245, 4/01/11] The bill passed 221-202. [HR 1255, Vote #224, 4/01/11] Voted for Budget Reductions in the FY11 Continuing Resolution In 2011, Bilbray voted for a Continuing Resolution for Fiscal Year 2011. This bill was passed as a compromise between the White House, Senate and House of Representatives to avoid a government shutdown and provided funding for government agencies for the remainder of FY11. Bilbray voted for a compromise bill which funded the federal government through the end of FY11 (September 30th, 2011). This bill is based on FY10 funding levels with a number of program reductions, eliminations and reclamation of already appropriated funds. The bill sets discretionary spending levels for FY11 at $1.055 trillion. [CQ BillAnalysis, 7/14/11; CQ Floor Votes, 4/14/11] According to Politico: “As it is, six months into the fiscal year, the 451-page bill puts Cabinet departments and agencies on permanent footing, but at a spending level nearly $38 billion below what it was when the new Congress began in January. Nondefense spending is hardest hit, with a reduction closer to $42 billion, and the new appropriations target — just shy of $1.0498 trillion — is $78.5 billion less than President Barack Obama’s initial 2011 budget requests from a year ago.” [Politico, 4/14/11] The bill passed 260-167. [HR 1473, Vote #268, 4/14/11] Voted Against Extreme Tea Party Budget In 2011, Bilbray voted against a bill which would have enacted the Fiscal Year 2012 Republican Study Committee Budget. The budget would have called for the repeal of the 2010 health care bill, increased the retirement age for Social Security eligibility and Medicare eligibility, would have fundamentally changed both the Medicare and Medicaid programs and would have cut mandatory spending by $1.9 trillion over 10 years. According to the New York Times, “This plan goes even further than Mr. Ryan’s approach, proposing $1.7 trillion of tax cuts over the next five years and reducing agency budgets by about 30 percent — more than the 15 percent offered by Mr. Ryan’s plan. Additionally, the federal workforce, under the 108 DCCC Bilbray Research Book Last Updated 2/29/12 committee’s vision, would be greatly reduced and the Medicaid and Medicare programs would be overhauled.” [New York Times, 4/15/11] The bill failed 119-136. [H Con Res 34, Vote #275, 4/15/11] NOTE: 172 Democrats voted present to force Republican supporters to vote against the bill. Voted for an Increase in Defense Spending In 2011, Bilbray voted for a bill increasing defense spending by $17 billion dollars. The legislation funded the Department of Defense at $17 billion dollars more than Fiscal Year 2010 levels, the only department that “will see a double-digit increase in its budget beginning Oct. 1.” [Fox News, 7/08/11] The bill passed 336-87. [HR 2219, Vote #532, 7/08/11] Voted for Cut, Cap and Balance Plan to Hold Debt Limit Hostage In 2011, Bilbray voted for a bill which only raised the debt limit if there were cuts to the federal budget, caps on federal spending and Congress passed a balanced budget amendment to the Constitution. The bill would have cut $111 billion from the federal budget, except for Medicare, Social Security and defense programs, in Fiscal Year 2012. The bill would have also capped federal spending at “21.7 percent of GDP for 2013, 20.8 for 2014, 20.2 for 2015, 20.1 for 2016, 19.9 for 2017, 19.7 for 2018, and 19.9 percent for 2019 through 2021.” Lastly the bill would have required the passage of a balanced budget amendment before the debt limit would be raised. [Washington Post, 7/19/11; New York Times, 7/19/11; The Hill, 7/15/11] The bill passed 234-190. [HR 2560, Vote #606, 7/19/11] Asked Appropriators to Avoid Deep Cuts to the Budget of the National Institutes of Health In May 2011, Bilbray asked appropriators to avoid making deep cuts to the budget of the National Institutes of Health. “It is very tough,” said Bilbray, one of the 12 Republicans that pressed for NIH funding to be kept up. Given the 40 percent cuts that were proposed to discretionary domestic spending programs, Bilbray said a call to keep NIH funding stable or to even increase it meant other programs had to take bigger hits. Bilbray was faced with a choice between supporting NIH and public broadcasting and Bilbray said, “I’m sorry Big Bird. I’m going with NIH.” Bilbray, along with 11 other Republicans, wrote a letter to Rep. Dave Reichert, the chairman of the subcommittee that handled NIH’s budget, that said, “[w]e urge you to consider the wide-ranging, positive effects of investment in research on health and economy. We appreciate your consideration of our request.” [The Hill, 5/27/11] 109 DCCC Bilbray Research Book Last Updated 2/29/12 Voted for $61 Billion in Draconian Cuts for Rest of 2011 Fiscal Year In 2011, Bilbray voted for $61 billion in draconian cuts for a continuing resolution to finish fiscal year 2011. The cuts slashed the maximum Pell Grant by $845; would drop 218,000 children from the Head Start program; would cut 55,000 teachers and teacher assistants from schools; could result in 5,500 fewer researchers compared to FY 2010 funding and 20,000 fewer researchers compared to the FY 2011 request; cut $1.6 billion from the National Institutes of Health; cut $250 million border security technology funding; and would result in a total loss of 700,000 jobs. [Democratic Leader press release] An analysis by the investment bank Goldman Sachs predicted that the Republican spending cuts would cause great damage to the economy, slowing growth by as much as two percentage points in the second and third quarters of 2011. [Washington Post, 3/13/11] Voted Against Additional $22 Billion in Cuts In 2011, Bilbray voted against an additional $22 billion in cuts, pushed by conservative freshmen and the Republican Study Committee. The amendment would have reduced funding for the legislative branch by 11 percent and all other continuing resolution funding by 5.5 percent, with exemptions for the Department of Homeland Security and Veterans Affairs and for aid to Israel. Out of 87 freshmen Republicans, 58 – or about two-thirds – voted in favor of the amendment. The cuts were so extreme that Republican Study Committee member Jo Bonner said he worried that the amendment “would take a more indiscriminate, hatchet approach” to the budget. Dan Lungren, a former RSC chairman, said, “Across-the-board cuts are lazy members’ way to achieve something.” Lungren also warned colleagues that the amendment would “paralyze” the U.S. Capitol Police [CQ Today, 2/18/11; Washington Post, 2/18/11] The amendment was rejected, 147-281. [HR 1, Blackburn amendment #104, Vote #103, 2/18/11] Voted to Set Spending Caps Without Disclosing Dollars Amounts In 2011, Bilbray voted to adopt a resolution setting a spending cap reducing non-security discretionary spending to fiscal 2008 levels. The resolution did not provide specifics, such as a dollar amount or definition of non-security spending. Democrats criticized the resolution as a “public relations exercise” timed by Republicans in advance of that evening’s State of the Union address by President Obama. [CQ Today, 1/25/11] “You have no idea what you are voting on,” Minority Whip Steny Hoyer said of the resolution without numbers. Rep. Jim McGovern challenged each Republican speaker, “What’s the number, what’s the cut?” [Politico, 1/25/11] The resolution passed, 256-165. [H Res 38, Vote #20, 1/25/11] 110 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed FY2010 Budget That Provided Framework for Middle Class Taxes In 2009, Bilbray opposed a budget that provided a framework for extending middle-income tax cuts. The measure provided for $1.086 trillion in fiscal 2010 discretionary spending, not counting emergency funds for Iraq and Afghanistan operations. The bill provided the framework to permanently extend the middleincome tax cuts, the 10 percent individual income bracket, marriage penalty relief, and the $1,000 child tax credit. In total, the resolution supported the extension of $1.75 trillion in tax relief. [CQ Bill Analysis] The bill passed 233-193. [S CON RES 13, Vote #216, 4/29/09] Opposed Fiscally Responsible FY 2009 Budget That Would Create Budget Surplus in 2012 In 2008, Bilbray voted against a budget resolution that would establish the congressional budget for FY 2009. The resolution would call for expenditures of $3.1 trillion and would allow up to $1 trillion in discretionary spending, plus $70 billion for the wars in Iraq and Afghanistan and $5.8 billion for hurricane recovery. The bill would call for the federal budget to reach a surplus in fiscal year 2012. The bill would also include instructions for the Ways and Means Committee to reduce mandatory spending by $750 million over six years. [CQ Floor Votes, 3/13/08; CQ Bill Analysis, 3/07/08] The bill passed 212-207. [H Con Res 312, Vote #141, 3/13/08] Opposed Congressional Progressive Caucus FY 2009 Budget Substitute In 2008, Bilbray voted against a substitute budget amendment sponsored by the Congressional Progressive Caucus. The substitute calls for $551.7 billion in billion in domestic, non-defense discretionary spending in FY 2009, $131.9 billion more than the president’s request. It also calls for $468.3 billion for national defense spending, $68.7 billion less than the president’s request and the reported resolution. The substitute establishes spending and revenue figures for 10 fiscal years, covering the period of FY 2009 through FY 2018, rather than the five-year period through FY 2013 covered by the underlying budget resolution. The substitute also projects a budget surplus in FY 2012, and then again in FY 2018. [CQ House Action Reports, 3/12/08] The budget assumes a redeployment of U.S. military personnel and contractors from Iraq by Sept. 30, 2009 and an extension of tax credits for investment in renewable and alternative energy. It also assumes a repeal of the 2001 and 2003 tax cuts for the top 1 percent of U.S. households and the elimination of certain corporate tax provisions. It would call for increased funding for transportation, global warming efforts, education, housing, health care and job training. [CQ Floor Votes, 3/13/08] The amendment failed 98-322. [H Con Res 312, Vote #138, 3/13/08] Opposed Congressional Black Caucus FY 2009 Budget Substitute 111 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a substitute budget amendment sponsored by the Congressional Black Caucus. The substitute would achieve a budget surplus of $183 billion in fiscal 2012. It would assume increased federal revenue by a repeal of the 2001- and 2003-enacted tax cuts for household income that exceeds $200,000. It also would assume the repeal of certain corporate tax provisions, as well as increased funding for health care, education and job training programs, and veteran benefits and services. The CBC substitute calls for the same level of defense spending as the underlying budget resolution and the president’s request, and it also assumes $70 billion for the wars in Iraq and Afghanistan in FY 2009. However, it also expresses the sense of Congress that the war in Iraq should end as safely and quickly as possible and our troops should be brought home, and declares that the performance of U.S. military personnel in Iraq and Afghanistan should be commended. It states that the purpose of funds made available by the measure should be “to transition the mission of the armed forces in Iraq and undertake their redeployment and not to extend or prolong the war and occupation.” The CBC substitute calls for higher levels of non-defense spending than the underlying budget resolution. It assumes increased funding for health care, which would be $84.6 billion more over five years than under the reported resolution, and would allow all eligible uninsured children to be covered under the State Children’s Health Insurance Program (SCHIP). [CQ House Action Reports, 3/12/08] The amendment failed 126-292. [H Con. Res. 312, Vote #137, 3/13/08] Opposed Fiscally Responsible Budget in 2007 In 2007, Bilbray against the fiscal year 2008 budget conference report that began to reverse six years of Republican fiscal mismanagement, provided for middle-class tax relief and would return the budget to balance – reaching a surplus of $41 billion in 2012 – without raising taxes. [House Budget Committee, Overview of FY2008 Budget Conference Agreement, 5/16/07] According to the Center for Budget and Policy Priorities, the budget represented “a major step toward restoring fiscal responsibility in the Congress…” [Center for Responsive Politics, 5/29/07] The budget passed 214-209. [SCR 21, Vote #377, 5/17/07] Opposed Earmark Reform In 2007, Bilbray voted against new House rules to reform the process of creating “earmarks” in legislation. The rule required legislation and conference reports to be accompanied by a list of earmarks and limited tax or trade benefits, and their sponsors. Members would have to provide information about the recipient and purpose of an earmark. 112 DCCC Bilbray Research Book Last Updated 2/29/12 It also created new budget points of order, including pay-as-you-go rules which would require offsets to any new entitlement spending or tax cuts. [CQ Floor Votes, 1/05/07] The earmark and Pay-as-you-Go reforms passed 280-152. [H Res 6, Vote #9, 1/05/07] Opposed “PayGo” Rules In 2007, Bilbray voted against legislation to re-enact so-called Pay-As-You-Go (PayGo) rules. The rules were originally established under the 1990 Budget Enforcement Act and extended in 1997, but had been allowed to lapse during the Bush administration. [CQ House Action Reports, Legislative Day: 6/24/04; CQ Vote Report #317, 6/25/04] The rules required that both increases in mandatory spending and tax cuts be offset, either by cuts in mandatory spending or increases in taxes. The motion would have imposed “budgetary rules that would force any increase in entitlement spending or cut in taxes to be funded by equal spending cuts or revenue raisers.” [Washington Post, 11/19/04; CQ Today, 11/18/04] The earmark and Pay-as-you-Go reforms passed 280-152. [HRS 6, Vote #9, 1/05/07] Supported Giving President Bush Line Item Veto Authority In 2006, Bilbray voted in favor of granting President Bush line item veto authority, meaning that the President could single out specific spending or tax measures in larger bills passed by Congress and ask lawmakers to delete them. Bush and some Republican members of Congress have argued that the authority was a necessary tool for imposing fiscal discipline and controlling pork barrel spending. The bill gave the president 45 days to propose rescissions of line items in bills he signed into law, prohibited duplicative requests and limited the number of rescission packages per bill to five, or 10 in the case of omnibus spending packages. The bill allowed the president to delay spending for no more than 90 days unless Congress endorsed a rescission. According to the bill’s sponsors, this bill was different from an earlier line-item veto struck down by the Supreme Court in 1998, because Congress had the final say on the president’s rescissions. The measure required Congress to give expedited consideration to these presidential proposals, without amending them. [CQ Today, 6/20/06] The bill passed 247-172. [HR4890, Vote #317, 6/22/06] Opposed Fiscally Responsible Line Item Veto Bill In 2006, Bilbray voted against a motion to recommit legislation to implement a line item veto bill with instructions to replace it with the Democrats’ substitute, offered by Rep. John Spratt (D-SC). 113 DCCC Bilbray Research Book Last Updated 2/29/12 The Spratt substitute: 1) re-imposed the Pay-As-You-Go rules that turned deficits into surpluses in the 1990s; 2) protected mandatory programs, including Social Security, Medicare and veterans’ benefits, from cuts under the line-item veto; 3) cracked down on earmarks; 4) prevented reconciliation from being used to make the deficit worse. The alternative also cut down the time that the President had to submit rescissions to Congress from 45 days to 10 days. [Leadership Document “Support Spratt Substitute Amendment that Protects Social Security, Medicare, and Veterans’ Benefits,” 6/22/06] The motion was defeated 170-249. [HR4890, Vote #316, 6/22/06] Supported for $94.5 Billion Emergency Supplemental Spending Bill In 2006, Bilbray voted in favor of a $94.5 billion emergency supplemental spending bill for hurricane relief and the wars in Afghanistan and Iraq. The bill provided: $65.8 billion for defense-related expenditures, primarily for operations in Iraq and Afghanistan; $19.8 billion for Katrina-related aid; $500 million for agriculture aid for Gulf Coast states; $4 billion for foreign assistance; $2.3 billion for avian flu preparedness; and $1.9 billion for border security. Components of the bill included $480 million for safer, armored Humvees; $2 billion to develop IED countermeasures; $3.7 billion for levee improvements; and $5.2 billion for Community Development Block Grants to Gulf Coast states. [Leadership Document, “Fact Sheet: Conference Report on HR 4939, FY 2006 Iraq/Katrina Supplemental,” 6/12/06] The bill passed 351-67. [HR4939, Vote #257, 6/13/06] Supported Republican Budget Plan In 2000, Bilbray voted in favor of a Republican budget plan that called for cutting taxes by $150 billion over five years and created a ‘reserve fund’ of $25 billion that could also be used for tax cuts. [CQ Floor Votes, 4/13/00] The budget passed 220-208. [HCR 290, Vote #125, 4/13/00] 2000: Opposed Budget Protecting Social Security and Medicare, Debt Reduction In 2000, Bilbray voted against an alternative budget plan that called for extending the solvency of the Social Security and Medicare programs, repaying the public debt and providing targeted tax cuts. The plan called for $20 billion more in non-defense discretionary spending than the budget resolution and $306 billion overall in defense discretionary spending. The plan also allowed for $3 billion in net tax cuts. [CQ Floor Votes, 3/23/00] 114 DCCC Bilbray Research Book Last Updated 2/29/12 The budget plan was defeated 184-233. [HCR 290, Vote #74, 3/23/00] 2000: Opposed Blocking Tax Cuts until Passage of Prescription Drug Bill In 2000, Bilbray voted against a motion to block tax cuts until Congress had enacted legislation to establish a Medicare prescription drug program. [CQ Floor Votes, 4/10/00] The motion was defeated 198-201. [HCR 290, Vote #114, 4/10/00] San Diego Union-Tribune Endorsed Bilbray for Supporting Making the Bush Tax Cuts Permanent In a March 2006 editorial, the San Diego Union-Tribune endorsed Bilbray in the Republican primary because of his support for making the Bush tax cuts permanent: In addition, Bilbray is a fiscal conservative who decries the spending binge lawmakers have engaged in during the last five years. He believes President Bush’s tax cuts should be made permanent to strengthen the economy and that cuts in outlays are essential to reestablishing fiscal responsibility in Washington. He also makes far more sense than any of his rivals on the inflammatory issue of illegal immigration, stressing the need for forgery proof worker documents and severe employer sanctions for companies that hire illegal workers. [San Diego Union-Tribune, Editorial, 3/15/06] Supported Balanced Budget Amendment In 1995, Bilbray voted in favor of a proposed constitutional amendment to require a balanced budget by 2002 or two years after ratification by three-fourths of the states, whichever came later. Under the proposal, three-fifths of the entire House and Senate would be required to approve deficit spending or an increase in the public debt limit. A simple majority could waive the requirement in times of war or in the face of a serious military threat. [CQ Floor Votes, 1/26/95] The measure passed the House 300-132 but died in the Senate. [HJR 1, Vote #51, 1/26/95] Supported Anti-Mandate Amendment In January 1994, Bilbray spoke sympathetically about a proposed charter-amendment protest against state and federal mandates. The amendment would make it illegal for county officials to spend money on mandated programs that do not come with state or federal funds to cover payments. “Every revolution has to start with some high statement of purpose,” said Bilbray. “The Declaration of Independence wasn’t enforceable until the people rose up and made it enforceable.” [San Diego Union-Tribune, 1/19/94] 115 DCCC Bilbray Research Book Last Updated 2/29/12 Campaign Finance and Election Law Issues Significant Findings Opposed Protecting Military Voters from Disenfranchisement Voted Against Public Disclosure of Foreign Entities Donating to Presidential Campaigns Voted Against Protecting Voting Rights Act In 2005, Bilbray voted against an effort to prevent voter disenfranchisement of military voters. Bilbray voted against public disclosure of foreign entities donating to presidential campaigns. During his years in Congress, Bilbray accumulated a flawed record of failing to protect and uphold the Voting Rights Act. Opposed Effort to Prevent Voter Disenfranchisement of Military, Elderly, and Minorities In 2005, Bilbray voted against a motion that would modify the GOP’s bill requiring photo ID and proof of citizenship in order to vote. The motion to recommit would have sent the bill back to committee with instructions to exempt military voters and their families, elderly voters, voters with disabilities, and certain Katrina victims from the GOP bill’s requirements. The motion also required four key conditions that must be met before the ID law was applied: 1) That the law shall be inapplicable unless it was proven, by an independent commission, that the bill would not unfairly disenfranchise the elderly, people with disabilities, minorities, and Native Americans. 2) The bill shall not take effect unless 95 percent of the voting age population had acquired a photo ID that meets the requirements of the act. 3) The law shall not take effect until the governor, chief election official, and attorney general of a state certify that illegal voting was a problem that could not be solved by laws already on the books. 4) The law shall not take effect unless the state has been given sufficient funds by the federal government to implement it. [Leadership Document, “Vote Yes On Democratic Motion to Recommit the GOP Voter Id Bill,” 9/20/06] The motion failed 196-225. [HR4844, Vote #458, 9/20/06] Voted Against Requiring Disclosure of Foreign Countries, Companies Donating to Presidential Campaigns In 2011, Bilbray voted against requiring the disclosure of certain foreign entities donating to presidential campaigns, as well as donors spending over $100,000 on those contests. 116 DCCC Bilbray Research Book Last Updated 2/29/12 The motion to recommit would have required, more specifically, the disclosure of foreign countries, companies or individuals donating to presidential campaigns. [CQ Weekly, 1/31/11] The motion failed, 173-229. [H. Res. 359, Vote #24, 1/26/11] Supported Eliminating Voter Assistance for Non-English Speakers In 2006, Bilbray voted for an amendment to the Voting Rights Act reauthorization that would have eliminated Section 203 of the Voting Rights Act. Section 203, the provision of the VRA, guaranteed that US citizens with limited English proficiency receive the help they need while voting. Section 203 did not apply to non-US citizens—only provided language assistance to U.S. citizens who may not speak English fluently enough to comprehend some of the complex ballot initiatives that are often a part of the voting environment. More than 70 percent of the citizens who used the language assistance provisions of the VRA were born in the United States and included not only Latino citizens, but Alaskan natives, Native Americans, and Asian Americans. The rest were naturalized U.S. citizens. [HR 9, Vote #372, 7/13/06; Leadership Document, “Democrats Support HR 9, The Bi-Partisan Voting Rights Extension Act, and Strongly Oppose All Amendments, 7/13/06] The amendment was defeated 185-238. [HR 9, Vote# 372, 7/13/06] Supported Weakening Voting Rights Act In 2006, Bilbray voted in favor of an amendment that would have prohibited funds from being used to enforce Section 203 of the Voting Rights Act. Section 203 ensured that American citizens with limited English proficiency get the help they need at the polls. By eliminating funding for Section 203 enforcement, states and localities would be free to discriminate against taxpaying American citizens and impede their right to vote. Three-quarters of those who are covered by the language assistance provision are native-born United States citizens. The rest are naturalized U.S. citizens. [HR 5672, Vote #340, 6/28/06; CQ Weekly, 7/10/06] The amendment failed 167-254. [HR5672, Vote #340, 6/28/06] Voted to Block Enforcement of McCain-Feingold In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Commerce and Justice to block enforcement of electioneering provisions of the McCainFeingold law. 117 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment barred the use of funds in the bill to enforce the 2002 McCain-Feingold campaign finance law provisions dealing organizations that make electioneering communications. [Congressional Quarterly; Congressman Mike Pence Press Release, 7/26/07] The electioneering communications section of McCain-Feingold prohibits the use of corporate or labor union funds to finance broadcast advertisements that include the name or a depiction of a federal candidate within 30 days of a primary or 60 days of a general election. Opponents of the provision that the amendment sought to block claim that it restricts the First Amendment right of Americans to lobby their representatives in Washington by use of the airwaves. [Congressman Mike Pence Press Release, 7/26/07] The amendment passed 215-205. [HR 3093, Vote #737, 7/26/07] Sided With Special Interests Over Transparency in Campaign Finance Reform In 2010, Bilbray voted against campaign finance reforms that required transparency and disclosure in campaign spending. The bill would tighten disclosure rules on campaign advertising by corporations, unions and other independent groups and would prohibit corporations that are foreign-controlled or have received government assistance from making expenditures in political campaigns. Democrats argued that the bill would dull the effect of the Supreme Court’s ruling in Citizens United v. Federal Election Commission, which determined that corporations have the same free-speech rights as individuals and can spend corporate funds to sway elections. “This legislation restores transparency and accountability and ensures that Americans know when Wall Street and health insurers are the ones behind political advertising,” said House Speaker Nancy Pelosi. The legislation would free organizations with 500,000 or more members, have existed for at least 10 years, and meet other criteria from having to identify their top donors. Those groups would still be required to abide by most of the bill’s new regulations, but not the disclaimer requirement that requires a “stand by your ad” provision. [CQ Today, 6/24/10] The bill passed, 219-206. [HR 5175, Vote #391, 6/24/10] Voted to Terminate Public Funding of Presidential Campaigns, “Pander” to Corporate Money In 2011, Bilbray voted to terminate the Presidential Election Campaign Fund, which provided public funding during presidential elections. The Congressional Budget Office estimated that the move would reduce mandatory spending by $617 million over 10 years. The fund was established in the wake of the Watergate scandal and provided matching funds for presidential primary candidates and grants for general election candidates who comply with spending and contribution limits. The fund was financed through check-offs on income tax returns. An amendment, 118 DCCC Bilbray Research Book Last Updated 2/29/12 offered by Rep. Gary Peters, added language specifying that funds returned to the Treasury could only be used for reducing the benefits. [CQ Today, 1/26/11] In an editorial in the New York Times, the paper noted that House Republicans were “pandering to the new corporate money trough legitimized by the Supreme Court” by cutting off the funding. “The public subsidy remains popular in the public polls. Opponents may invoke budget savings – an estimated $52 million a year – but there is no mistaking their aim is to destroy what has been a bulwark against the buying and selling of the presidency.” [New York Times, Editorial, 2/26/11] The bill passed, 239-160. [HR 359, Vote #25, 1/26/11] Opposed Funding for States to Use Paper Ballots In 2008, Bilbray voted against a bill that would authorize reimbursement for states and counties that convert to paper-ballot voting machines before the November 2008 elections or need help paying for manual audits afterward. The bill would authorize a one-time-only funding to set up a paper-ballot-counting system or to retrofit printers onto electronic voting machines. It would also authorize federal reimbursements for hand counts and manual audits of the 2008 election results. [CQ Today, 4/15/08] The bill was rejected 239-178 after failing to get the necessary 2/3 majority under suspension of the rules. [HR 5036, Vote # 188, 4/15/08] Opposed Gutting Voting Discrimination Laws In 2006, Bilbray voted against an amendment to the Voting Rights Act reauthorization bill that would have gutted Section 5 of the Voting Rights Act. Section 5 determined which jurisdictions were required to seek federal pre-clearance for voting changes. The amendment would have changed the formula for which states were subject to Section 5. Under the amendment’s new formula Section 5 would be gutted, making it applicable to only Hawaii. There had been over 1,000 objections issued by the Justice Department regarding voting discrimination problems under Section 5 since the previous VRA reauthorization in 1982. [HR 9, Vote #370, 7/13/06; Leadership Document, “Democrats Support HR 9, The Bi-Partisan Voting Rights Extension Act, and Strongly Oppose All Amendments, 7/13/06] The amendment failed 96-318. [HR 9, Vote #370, 7/13/06] 119 DCCC Bilbray Research Book Last Updated 2/29/12 Consumer Issues Significant Findings Voted Against Mortgage Aid Programs for Homeowners Opposed Reforming Mortgage Lending Practices Voted Against Creation of FBI Mortgage Fraud Task Force Opposed New Regulations of Tobacco Products Bilbray voted against several programs assisting homeowners struggling in these difficult economic times. His votes include opposing the creation of an FBI mortgage fraud task force to protect homeowners from unscrupulous financial institutions. Bilbray opposed efforts to protect senior homeowners during the foreclosure process. He also voted against increased consumer protection for tobacco products to reduce the number of new smokers. Opposed Mortgage Reforms In 2008, Bilbray voted against legislation that combined several major pieces of housing-related legislation into one package that was aimed at slowing the pace of foreclosures and stimulating the real estate market. The package provided an overhaul of mortgage finance companies Fannie Mae and Freddie Mac, loan programs aimed at helping borrowers get out from under mortgages they can’t afford. It also would overhaul the Federal Housing Administration and expand its loan guarantee program. It also would provide legal protections for mortgage servicers who made certain loan modifications, permit federal savings associations to make investments designed primarily to promote the public welfare through the provision of housing, services and jobs, and expand access to reverse mortgages. [CQ Floor Votes, 5/08/08] The motion to concur with the Senate amendment passed 266-154. [HR 3221, Vote #301, 5/08/08] Voted to Stall Consideration of Bill to Provide Mortgage Relief In 2008, Bilbray voted against a motion to consider a bill aimed at slowing the pace of foreclosures and stimulating the real estate market. 120 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would provide tax breaks for homebuilders and those buying foreclosed homes, expand Federal Housing Administration mortgage insurance programs, and included other provisions to alleviate the housing crisis. [CQ Floor Votes, 5/07/08; CQ Today, 5/08/08] The motion was agreed to by a vote of 226-198. [HR 3221, Vote #281, 5/07/08] Voted to Stall Bill to Provide Mortgage Relief In 2008, Bilbray voted for partisan delay to a bill aimed at slowing the pace of foreclosures and stimulating the real estate market. The vote was against killing a motion to reconsider the rule which allowed for floor consideration of a bill that would provide tax breaks for homebuilders and those buying foreclosed homes, expand Federal Housing Administration mortgage insurance programs, and include other provisions to alleviate the housing crisis. [CQ Floor Votes, 5/07/08; CQ Today, 5/08/08] The motion to kill the delay passed 225-192. [HR 3221, Vote #282, 5/07/08] Voted to Stall Consideration of Bill to Provide Mortgage Relief In 2008, Bilbray voted against the rule to consider amendments to a bill aimed at slowing the pace of foreclosures and stimulating the real estate market. The bill would provide tax breaks for homebuilders and those buying foreclosed homes, expand Federal Housing Administration mortgage insurance programs, and include other provisions to alleviate the housing crisis. The rule would provide for a motion to concur with the Senate amendments, with three amendments that would incorporate provisions from several housing-related bills and clarify that no provision could be construed to pre-empt state laws dealing with residential foreclosures. [CQ Floor Votes, 5/07/08; CQ Today, 5/08/08] The rule was adopted 224-198. [HR 3221, Vote #283, 5/07/08] Voted to Stall Bill to Provide Mortgage Relief In 2008, Bilbray voted for a partisan delay to considering Senate amendments to a bill aimed at slowing the pace of foreclosures and stimulating the real estate market. The vote was against killing a motion to reconsider the rule which allowed for floor consideration of Senate amendments to a bill that would provide tax breaks for homebuilders and those buying foreclosed homes, expand Federal Housing Administration mortgage insurance programs, and include other provisions to alleviate the housing crisis. The rule would provide for a motion to concur with the Senate amendments, with three amendments that would incorporate provisions from several housing-related bills and clarify that 121 DCCC Bilbray Research Book Last Updated 2/29/12 no provision could be construed to pre-empt state laws dealing with residential foreclosures. [CQ Floor Votes, 5/07/08; CQ Today, 5/08/08] The motion to kill the delay passed 227-196. [HR 3221, Vote #284, 5/07/08] Opposed Grants and Loans for Foreclosed Properties, Housing Assistance for Working Families In May 2008, Bilbray voted against a bill that would establish a loan and grant program, administered by the Department of Housing and Urban Development, for states and localities to buy and rehabilitate foreclosed properties. The bill would authorize $7.5 billion for zero-interest loans and $7.5 billion for grants. The bill would direct states to allocate funds to the 100 largest cities with high foreclosure rates and 50 most populous counties. Properties purchased for rental with the funds could serve only families having incomes at or below the area’s median income. [CQ Floor Votes, 5/08/08] The bill passed 239-188. [HR 5818, Vote #299, 5/08/08] Opposed Capping Purchase Price of Foreclosed Properties at Current Value In May 2008, Bilbray voted against an amendment to a bill providing grants and loans to rehabilitate foreclosed properties. The amendment would allow allocations of the bill’s grants and loans to qualified cities and counties and would cap the purchase price of the foreclosed property at its current appraised value. [CQ Floor Votes, 5/07/08] The underlying legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, HR 5818] The amendment passed 256-157. [HR 5818, Vote #293, 5/07/08] Voted to Stall Consideration of Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted in favor of a motion to rise from the Committee of the Whole. The motion would have stalled consideration of a bill to provide grants and loans to rehabilitate foreclosed properties. [CQ Floor Votes, 5/07/08] The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, HR 5818] The motion failed 184-231. [HR 5818, Vote #292, 5/07/08] Voted to Stall Consideration of Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted in favor of a motion to adjourn, stalling consideration of a bill to provide grants and loans to rehabilitate foreclosed properties. 122 DCCC Bilbray Research Book Last Updated 2/29/12 The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, HR 1174] The motion failed 140-264. [HR 1174, Vote #291, 5/07/08] Voted to Stall Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted against killing a motion to reconsider adoption of the rule (H Res 1174) that would provide for House floor consideration of the bill that would establish a loan and grant program, administered by the Department of Housing and Urban Development, for states and localities to buy and rehabilitate foreclosed properties. [CQ Floor Votes, 5/07/08] The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, H Res 1174] The motion passed 212-183. [H Res 1174, Vote #290, 5/07/08] Voted to Stall Consideration of Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted against adoption of the rule (H Res 1174) to provide for House floor consideration of the bill that would establish a loan and grant program, administered by the Department of Housing and Urban Development, for states and localities to buy and rehabilitate foreclosed properties. [CQ Floor Votes, 5/07/08] The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, H Res 1174] The rule was adopted 223-192. [H Res 1174, Vote #289, 5/07/08] Voted to Stall Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted against reconsidering a vote on ordering the previous question (thus ending debate and possibility of amendment) on adoption of the rule (H Res 1174) that would provide for House floor consideration of the bill that would establish a loan and grant program, administered by the Department of Housing and Urban Development, for states and localities to buy and rehabilitate foreclosed properties. [CQ Floor Votes, 5/07/08] The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, H Res 1174] The motion passed 226-186. [H Res 1174, Vote #288, 5/07/08] 123 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Stall Consideration of Bill to Provide Grants to Rehabilitate Foreclosed Properties In May 2008, Bilbray voted against ordering the previous question (thus ending debate and possibility of amendment) on adoption of the rule (H Res 1174) that would provide for House floor consideration of the bill that would establish a loan and grant program, administered by the Department of Housing and Urban Development, for states and localities to buy and rehabilitate foreclosed properties. [CQ Floor Votes, 5/07/08] The legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, H Res 1174] The motion passed 220-187. [H Res 1174, Vote #287, 5/07/08] Voted to Shut Down Mortgage Aid Program In 2011, Bilbray voted to shut down a federal program established to help homeowners who owe more than their homes are worth refinance their loans. A borrower current on his mortgage would qualify for a Federal Housing Administration (FHA) refinanced loan given that the lender wrote off at least percent of the unpaid mortgage principal. The bill rescinded all unobligated funds allocated for the program under the 2008 financial industry bailout. The House adopted an amendment to direct those funds to be used to pay down the national debt. Republicans argued that since only $50 million of the $8 billion obligated had been used, the program was ineffective. Others protested that the program was poorly advertised and had not had a chance to reach needy homeowners. [Las Vegas Sun, 3/09/11] The bill passed, 256-171. [HR 830, Vote #171, 3/10/11] Voted Against Protecting Senior Homeowners from Being Served Foreclosure Notices In March 2011, before considering the mortgage aid program, Bilbray voted against a measure that would have required the Secretary of Housing and Urban Development to determine the amount necessary – and appropriate that amount – to provide assistance under the FHA Refinance Program to senior homeowners. The motion failed, 185-243. [HR 830, Vote #170, 3/10/11] Voted to Terminate Program Helping Home Owners In 2011, Bilbray voted to terminate the Home Affordable Modification Program (HAMP). HAMP provided funds to mortgage services to help reduce mortgage holders’ monthly payments. The bill terminated the Treasury Department’s authority to provide new assistance under the Home Affordable Modification Program (HAMP). HAMP provided financial incentives to mortgage servicers that are intended to reduce borrowers’ monthly payments to no more than 31 percent of monthly income. 124 DCCC Bilbray Research Book Last Updated 2/29/12 The Treasury Department allocated $30 billion in Troubled Asset Relief Program funds for HAMP. [CQ House Action Reports, 3/28/11] The bill passed 252-170. [HR 839, Vote #198, 3/29/11] Bilbray even voted against a motion which would have allowed the HAMP to continue for active duty servicemen, their spouses or parents, or Gold Star eligible families. The motion failed 185-238. [HR 839, Vote #197, 3/29/11] Voted to Undermine the Consumer Financial Protection Bureau In 2011, Bilbray voted to limit the effectiveness of the Consumer Financial Protection Bureau (CFPB). The legislation would limit the effectiveness of the CFPB, a bureau created by the Dodd-Frank financial regulatory bill, which “has the authority to regulate financial markets in ways meant to improve consumer protection”. The CFPB, which had a single director, would instead have a five-member board. This legislation would also change the two-thirds majority vote by the Financial Stability Oversight Council to override a CFPB decision to just a simple majority. [The Hill, 7/21/11] The bill passed 241-173. [HR 1315, Vote #621, 7/21/11] Opposed Mortgage Fraud Task Force In 2008, Bilbray voted against a bill that would establish an FBI national mortgage fraud task force, with branches in 10 states the bureau determines have the highest concentration of that type of fraud. It would require the task force to coordinate law enforcement agencies to combat mortgage fraud and allow the task force to establish mortgage fraud reporting measures. The bill would require the task force to establish branch offices in the 10 states that the FBI director determines to have the highest concentration of mortgage fraud. “This is an important bill that addresses an important issue facing our communities and our families,” said Rep. Sutton. The task force that would be established under Meek’s measure would coordinate the anti-fraud efforts at the federal, state and local levels. The task force would also train law enforcement officials in relevant laws. [CQ Today Online News, 9/22/08] The motion was agreed to by a vote of 350 to 23. [HR 6853, Vote #618, 9/22/08] Opposed Sweeping Mortgage Relief Bill In 2008, Bilbray voted against a motion to concur in the Senate amendment to HR 3221 with House amendment #1. The House amendment would provide government backing to Fannie Mae and Freddie Mac by allowing government purchase of the entities’ stock, and create independent agency to regulate the two mortgage entities and the Federal Home Loan Bank System. 125 DCCC Bilbray Research Book Last Updated 2/29/12 The House amendment would also overhaul the Federal Housing Administration and provide $300 billion in new loan guarantee authority for the FHA to help refinance borrowers in danger of losing their homes, create a $7,500 tax credit to some first-time homebuyers, raise loan limits for FHA-backed loans, and provide a standard tax deduction of $500 for single filers and $1,000 for joint filers on property taxes. The House amendment would also authorize $3.92 billion in Community Development Block Grants to purchase and rehabilitate foreclosed properties, and increase the federal debt limit to $10.6 trillion. [CQ Today Online News, 7/24/08] The motion passed 272-152. [HR 3221, Vote # 519, 7/23/08] Voted Against Overhaul of Mortgage System In 2007, Bilbray voted against a bill that would create a nationwide mortgage licensing system and registry. The bill would also establish minimum standards for home loans and expand certain limits on high-cost mortgages. It would also prohibit brokers from steering consumers to mortgages they are unlikely to be able to repay. [CQ Floor Votes, 11/15/07] Opponents of the bill included the mortgage banking industry and the White House, who were concerned that tightening mortgage regulations could make it harder for potential homebuyers to get loans. [CQ Weekly, 11/18/07] The bill passed 291-127. [HR 3915, Vote # 1118, 11/15/07] Voted Against Revising Mortgage Lending Practices In 2007, Bilbray voted against a bill that would overhaul the Federal Housing Administration’s mortgage lending practices and designate certain agency surpluses for an affordable-housing fund. The measure would raise loan limits in high-cost areas for FHA-backed loans, allow the agency to support zero-down loans and vary the premiums it charges borrowers based on their credit risk. It also would permit lower monthly payments for borrowers who make on-time payments for the first five years of a loan. [CQ Floor Votes, 9/18/07] The portion of the bill which would allow certain holders of subprime loans to refinance through the FHA was written in reaction to the subprime mortgage problem in the country. [CQ Today, 9/18/07] The bill passed 348-72. [HR 1852, Vote # 876, 9/18/07] Voted Against Providing Foreclosure Aid Relief for Rural Homeowners In March 2011, Bilbray voted against a measure that would have required states give priority emphasis and consideration to rural areas when distributing Neighborhood Stabilization Program funds that were allocated by HUD and appropriated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The motion failed, 153-272. [HR 861, Vote #187, 2/16/11] 126 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Keep Vital Consumer Product Information from Consumers In 2011, Bilbray voted for an amendment that would bar funds related to launching the consumer product safety information database established under the Consumer Product Safety Act and signed into law by President George Bush. According to the Wichita Eagle, the amendment offered by Rep. Mike Pompeo, would delay the site to make changes that Pompeo and the business community would prefer. One of Pompeo’s changes would be to make it harder for consumer groups and lawyers to submit product complaints. [Wichita Eagle, 3/07/11] The amendment was adopted, 234-187. [HR 1, Pompeo amendment #545, Vote #137, 2/19/11] Opposed Helping Families Save Their Homes Act of 2009 In 2009, Bilbray voted against the Helping Families Save their Homes Act. The bill allowed bankruptcy judges to modify mortgages, made permanent an increase in the insurance limit for the Federal Deposit Insurance Corporation. The bill made several changes to the Hope for Homeowners Program, which guarantees mortgages to help refinance at-risk borrowers into viable mortgages. It also provided a “safe harbor” to mortgage servicers that participate in mortgage modification programs. The provisions that related to mortgage modifications only applied to mortgages issued before the bill’s enactment. [CQBill Analysis HR1106] The bill passed 234-191. [HR 1106, Vote #104, 3/05/09] Voted Against Banning Airlines from Gouging their Customers In 2011, Bilbray voted against an amendment to the FAA Reauthorization bill which would require airlines to provide better information relating to baggage fees and to refund baggage fees if the luggage was lost, damaged or delayed. The amendment, offered by Rep. Capuano, would have required airlines to refund any luggage fees charged for bags checked within 60 days of the flight and if the baggage was lost, delayed, or damaged. It would also require airlines and ticket vendors to disclose the cost associated with checking luggage when the price of the ticket was first quoted. [Congressional Record, 3/31/11] The amendment failed 187-235. [HR 658, Vote #211, 3/31/11] Voted Against Bill to Reform Credit Card Billing Practices In 2008, Bilbray voted against a bill that would prohibit credit card companies from retroactively increasing interest rates and finance charges. The bill sought to outlaw several credit card practices deemed “unfair and deceptive” by federal regulators. [CQ Today, 9/23/08] 127 DCCC Bilbray Research Book Last Updated 2/29/12 “We see this as truly a historic vote,” Consumer Federation of America Legislative Director Travis Plunkett said. “The credit card industry has been able to stop proposals to rein them in for over a decade.” [CQ Today, 9/23/08] The bill passed 312-112. [HR 5244, Vote #623, 9/23/08] Opposed Bill to Regulate the Manufacturing, Sale and Promotion of Tobacco Products In 2009, Bilbray opposed a bill to give the Food and Drug Administration the authority to regulate the production and marketing of tobacco products. The agency could require tobacco companies to change their products to reduce their harmful health effects, including reducing levels of nicotine or menthol. The FDA would not be able to require companies to eliminate nicotine completely or ban tobacco products. The bill imposed strict marketing restrictions on tobacco companies, within a year they would no longer be able to advertise on outdoor billboards or signs near schools and playgrounds. They would also not be able to give away non-tobacco products or sell cigarettes in vending machines outside of adult-only locations. [CQ Weekly, 4/06/09] The bill passed 298-112. [HR 1256, Vote #187, 4/02/09] Opposed Bill to Reduce Number of New Smokers In 2009, Bilbray voted against a bipartisan effort to give the Food and Drug Administration (FDA) new authority to regulate the advertising, marketing, and manufacturing of tobacco products. [CQ Bill Analysis, HR 1256] According to the Centers for Disease Control and Prevention (CDC) tobacco accounts for approximately 443,000 deaths annually. [Annual Deaths Attributable to Cigarette Smoking—United States, 2000–2004] The bill passed 307-97. [H.R. 1256, #335, 6/21/09] Supported Credit Cardholders’ Bill of Rights In 2009, Bilbray voted for the Credit Cardholders’ Bill of Rights. The bill expanded a number of disclosure requirements, prohibited certain practices related to interest rate charges and restricted the ability of credit card companies to change the terms of accounts after they were established. [CQ Today Online, 5/20/09] The bill prevented credit card companies from raising interest rates arbitrarily and charging certain fees. Companies were prohibited from raising interest rates on existing balances unless the borrower pays at least 60 days late. If the cardholder paid on time for the following six months, the company had to restore the original rate. [Washington Post, 5/23/09] The bill required consumers to be able to elect to avoid over-the-spending limit fees by prohibiting the card company from completing a transaction that would push an account over its spending limit. [CQ House Action Reports Legislative Week, 5/19/09] The bill passed 361-64. [HR627, Vote #276, 5/20/09] 128 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Bill to Help Combat Financial Fraud In 2009, Bilbray supported a bill to improve enforcement of mortgage fraud, securities fraud, financial institution fraud and other frauds related to federal assistance and relief programs, for the recovery of funds lost to these frauds and for other purposes. The bill expanded federal fraud laws to apply to mortgage lenders not directly regulated or insured by the federal government, as well as cover the funds paid out under the Troubled Asset Relief Program and the economic stimulus. [CQ Floor Votes, 5/18/09] The bill passed 338-52. [S 386, Vote #268, 5/18/09] Supported Bill to Impose Restrictions and Set Standards for Mortgage Lenders In 2009, Bilbray supported a bill that imposed restrictions and set standards for mortgage lenders. The bill prohibited a mortgage originator from steering consumers to residential mortgage loans that the homebuyer could clearly not repay and required lenders to retain a least 5 percent of any mortgage sold off to a third party. The bill did include a provision to exempt from the state mortgage loan standards all fully underwritten, fixed-rate mortgages, as well as conforming Fannie Mae and Freddie Mac loans and those backed by the Federal Housing Administration, Veterans Affairs Department and Rural Housing Service. [CQ Today, 5/07/09] The bill passed 300-114. [HR 1728, Vote #242, 5/07/09] Supported Tax Breaks for First-Time Homebuyers In 2008, Bilbray voted in favor of an amendment to a housing package that would establish a refundable tax credit of up to $7,500 for first-time homebuyers that would serve as an interest-free loan. It provided an additional standard deduction in 2008 of up to $350 for individuals and $700 for married couples for state and local property taxes. It also would authorize an additional $10 billion in tax-exempt bonds that would be used to refinance subprime loans, finance the construction of low-income rental housing, and support loans to first-time homebuyers. Finally, it increased the number of low-income housing tax credits. [CQ Floor Votes, 5/08/08; CQ Today, 5/08/08] The motion passed 322-94. [HR 3221, Vote #302, 5/08/08] Supported Mortgage Forgiveness Debt Relief Act In 2007, Bilbray voted for the Mortgage Forgiveness Debt Relief Act of 2007. The legislation was designed to lessen the tax burden on struggling homeowners, fixing an unfair anomaly in the tax code. 129 DCCC Bilbray Research Book Last Updated 2/29/12 The bill also extended the deduction for private mortgage insurance and slightly broadened the definition of housing cooperatives to allow more people to deduct payments they made to cooperatives as mortgage interest. [CQ Today, 10/04/07] The bill passed, 386-27. [HR 3648, Vote #948, 10/04/07] 130 DCCC Bilbray Research Book Last Updated 2/29/12 Crime and Public Safety Issues Significant Findings Voted Against Funding for Firefighters, First Responders Voted Against Funding for COPS Program Voted Against Funding for AMBER Alerts at NPR Bilbray’s voting record on crime and public safety issues includes votes against funding for firefighters, police officers, and other first responders. He has a long record of voting against the COPS program to put more police officers on the street. Voted Against Funding Firefighter, First Responder Assistance In 2011, Bilbray voted against increased funding for FEMA firefighter assistance grants by $510 million. The amendment specified that $390 million be available for firefighter assistance grants and $420 million be available for Staffing for Adequate Fire and Emergency Response (SAFER) grants. The amendment passed, 318-113. [HR 1, Pascrell amendment #223, Vote #60, 2/16/11] A Record of Voting Against More Police on the Street Since 1994, the Community Oriented Policing Service (COPS) program has placed over 100,000 new police officers on the street while also providing administrative and technological resources for state and local law enforcement entities. The COPS program, which has been the cornerstone of community crime prevention efforts, has helped reduce violent crime since 1994, bringing the nation’s crime rate to a 25-year low. Bilbray has been a frequent opponent of the COPS program. Voted to Cut COPS Funding by $600 Million In 2011, Bilbray voted against restoring funding for the Community Oriented Policing Services (COPS) program at the Justice Department by $298 million. The funds came from decreasing the same amount from cross-agency support at NASA. Cuts under the Republicans’ original continuing resolution plan totaled some $600 million. 131 DCCC Bilbray Research Book Last Updated 2/29/12 Amendment sponsor Rep. Anthony Weiner acknowledged he was “taking from one place to give to another. But I do believe it’s in the interest of all of us to try to set these priorities straight.” [Politico, 2/16/11] The amendment passed, 228-203. [HR 1, Weiner amendment #125 as modified, Vote #53, 2/16/11] Opposed Law Enforcement Funding, Including COPS Funding In 2009, Bilbray voted against an appropriations bill that contained $802 million for the Community Oriented Policing Services (COPS). This included $298 million for COPS Hiring Grants. The bill also contained $510 million for the Byrne Justice Assistance Grant (JAG) program. [CQ Bill Analysis, HR 2847; CQ House Action Reports, 6/12/09] The Bill Passed 259-157. [HR 2847, #408, 6/18/09] Opposed Increasing COPS Program Funding by $476 Million In 2006, Bilbray voted against an amendment to the FY 07 SSJC appropriations bill that would have provided an additional $476 million to the COPS program. The extra money would come out of NASA’s budget. The COPS program, first implemented in the 1994 landmark crime bill, was a federal program that provided financial assistance to state and local police to make capital improvements and hire more officers. [CQ Today, 6/28/06] The amendment failed 185-236. [HR5672, Vote #341, 6/28/06] Voted to Eliminate COPS Program In 1995, Bilbray voted against an amendment to retain the COPS program. The amendment was defeated, 196-235. [CQ Floor Votes, 2/14/95; HR 728, Vote #124, 2/14/95] Voted Against Funding for AMBER Alerts in Public Broadcasting In March 2011, Bilbray voted against a measure to ensure that National Public Radio would still be able to receive federal funding to broadcast or disseminate emergency AMBER Alerts regarding abducted children. According to the DOJ’s AMBER Alert website, there have been 532 successful recoveries with 120 total Amber Alert plans nationwide. In calendar year 2009, 207 AMBER Alerts were issued in the U.S., Puerto Rico and the U.S. Virgin Islands involving 263 children. Of those 207 cases, 166 resulted in a recovery, 45 of which were successfully recovered as a direct result of those respective AMBER Alerts being issued. [Department of Justice, AMBER Alert statistics; 2009 AMBER Alert report] Rep. Button Sutton, who introduced the motion, said in her floor remarks that National Public Radio, which the Republicans sought to defund, was a disseminator of the alerts via an arrangement with the Department of Justice. [Rep. Sutton Floor Remarks, 3/17/11] 132 DCCC Bilbray Research Book Last Updated 2/29/12 The motion failed, 184-235. [HR 1076, Vote #191, 3/17/11] Bilbray then voted for prohibiting federal money from being used to fund or purchase content from National Public Radio. [HR 1076, Vote #192, 3/17/11] Inconsistent on Funding Fighting Drugs in Latin America Supported Anti-Drug Efforts in Central and South American on Other Occasions In 1998, Bilbray voted in favor of a bill to authorize $2.3 billion through fiscal 2001 for a variety of programs to strengthen narcotics interdiction and eradication programs in Central and South America. [CQ Floor Votes, 9/16/98] The bill passed 384-39. [HR 4300, Vote #442, 9/16/98] Supported Funds to Help Mexico Crackdown on Drug Trafficking In 2008, Bilbray voted for a motion that would suspend the rules and pass a bill that would authorize $1.1 billion over three years to help train and equip Mexican forces to control drug trafficking. The bill would authorize funding that would train and equip security forces, strengthen judicial systems and boost a U.S. program to prevent guns from traveling illegally into Mexico. [CQ Today, 6/10/08] The bill passed 311-106. [HR 6028, Vote #393, 6/10/08] Supported Aid for Drug Enforcement in Colombia In 2000, Bilbray voted against an amendment to the fiscal year 2000 Supplemental Appropriations bill that would strike $1.7 billion for Colombian anti-drug efforts. [CQ Floor Votes, 3/29/00] The $1.7 billion earmarked for Colombia would be spent over two years for helicopters and other counter-narcotics technology, as well as military advisors to help the Colombian military and police forces battle drug traffickers. The amendment was rejected, 158-262. [HR 3908, Vote #86, 3/29/00] Supported Making Drug Interdiction a Top Priority of the Defense Department In 1998, Bilbray voted in favor of an amendment to express the sense of Congress that the administrative priorities for assets of the Defense Department should be revised so that the counter-drug mission of the department was second only to its war-fighting mission. [CQ Floor Votes, 9/16/98] The amendment passed 362-61. [HR 4300, Vote #438, 9/16/98] 133 DCCC Bilbray Research Book Last Updated 2/29/12 But Opposed Funding for U.S. Custom Service Drug Interdiction In 1998, Bilbray voted against a bill to authorize $2 billion in fiscal 1999 and $2.2 billion in fiscal 2000 for drug interdiction activities of the U.S. Customs Service. [CQ Floor Votes, 5/19/98] The bill passed 320-86. [HR 3809, Vote #164, 5/19/98] Voted to Allow Suspension of Driving Privileges for Repeat Drunk Drivers In 2008, Bilbray voted in favor of a motion to concur with Senate revisions to the Surface Transportation Law. Among other provisions, the legislation allowed a state to impose a 45-day suspension of driving privileges on repeat intoxicated drivers, followed by a period during which the offender could drive only to work, school or alcohol treatment programs. [Congressional Quarterly, 5/01/08] The repeat intoxicated driver law was amended to allow for use of ignition interlock devices, strongly supported by Mothers Against Drunk Driving. This legislation gave States more flexibility to either continue with the 1-year license suspension or permit a 45-day license suspension with limited driving privileges. [Statement by Rep. Oberstar, H2881, 4/30/08] The motion was agreed to, 358-51. [HR 1195, Vote #229, 4/30/08] Opposed More Restrictive Standard for Drunk Driving In 2000, Bilbray voted against adopting the FY01 Transportation Appropriations Conference report that required states to reduce the blood alcohol content standard for drunk driving to 0.08. [CQ Floor Votes, 10/06/01] The bill passed 344-50. [HR 4475, Vote #516, 10/06/00] Voted For Making Dog Fighting a Federal Felony In 2007, Bilbray voted for legislation which upgraded the federal penalties for illegal dog fighting and cockfighting activities to a felony. The legislation made it a felony punishable by a fine and up to 3 years in prison to sponsor or exhibit animals transported across state lines in fights, or to buy and sell materials, such as gaff blades worn by roosters, that can be used during a fight. [Chicago Tribune, 3/29/07] The legislation passed 368 – 39. [HR 137, Vote #188, 3/26/07] Supported Ban on Sexually Explicit Materials Being Sold to Minors In 1999, Bilbray voted in favor of an amendment to the juvenile justice bill that would have outlawed selling or renting children films, recordings, videogames, books and other media depicting extreme violence and sex. 134 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment also encouraged retailers to make lyrics available to a customer before purchase and required NIH to study the effects of violence on children. Opponents, including Representative Bob Barr (R-Georgia), claimed the amendment would be ineffective. “Nothing we do will solve the problems,” said Barr. “It’s up to parents.” Representative John Conyers (D-Michigan) agreed, adding that the amendment was an “overreaction” and an “unparalleled assault on the First Amendment.” [Copley News Service, 6/16/99] The amendment failed 146-282. [HR 1501, Vote #213, 6/16/99] Supported Cracking Down on Deadbeat Parents In 1998, Bilbray voted in favor of a bill to increase penalties on parents who willfully fail to pay courtordered child support for a child living in another state. [CQ Floor Votes, 5/12/98] The bill passed 402-16. [HR 3811, Vote #139, 5/12/98] Supported Juvenile Crime Block Grants Bill In 1997, Bilbray voted in favor of legislation to consolidate juvenile crime prevention funding, including boot camps, gang prevention and mentoring programs, into block grants to the states. The bill also reauthorized programs to serve runaway and homeless youth and the National Missing Children Center. [CQ Floor Votes, 7/15/97] The bill passed 413-14. [HR 1818, Vote #267, 7/15/97] Supported Helping Communities Fight Drugs In 1997, Bilbray voted in favor of a bill to authorize $144 billion through 2002 to establish a program to support and encourage local communities that first demonstrate a comprehensive, long-term commitment to reduce substance abuse among youth. The bill would redirect funds from existing federal drug-control programs to communities that have such plans in place. [CQ Floor Votes, 5/22/97] The bill passed 420-1 and was signed into law. [HR 956, Vote #153, 5/22/97; Public Law No: 105-20] Supported FBI Database of Released Sex Offenders In 1996, Bilbray voted in favor of a bill to direct the Federal Bureau of Investigation to establish a national database of released sex offenders. The bill also allowed for community notification when a convicted sex offender moves into a neighborhood. [CQ Floor Votes, 9/26/96] 135 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 423-1. [HR 3456, Vote #436, 9/26/96] Supported Higher Penalties for Crimes against Seniors, Children In 1996, Bilbray voted in favor of legislation to increase penalties for violent crimes committed against children, the elderly, and other vulnerable individuals. [CQ Floor Votes, 5/07/96] The bill passed 414-4. [HR 2974, Vote #148, 5/07/96] Supported Life Sentences for Repeat Sex Offenders In 1996, Bilbray voted in favor of legislation to require life sentences without parole upon the second conviction of a rape or serious sexual assault if the rapist crossed state lines in connection with committing the crime. [CQ Floor Votes, 5/07/96] The bill passed 411-4. [HR 2974, Vote #146, 5/07/96] Supported “Zero-Tolerance” Policies for Underage Drivers In 1995, Bilbray voted in favor of an amendment to require states to enact and enforce “zero tolerance” laws that would make it illegal for drivers under 21 to drive with a blood alcohol content of 0.02 percent or higher. Under the amendment, states would have three years to enact such laws. Failure to do so would result in a withholding of five percent of their federal highway funds in fiscal 1999 and ten percent in each succeeding year. [CQ Floor Votes, 9/20/95] The amendment passed 223-203. [HR 2274, Vote #678, 9/20/95] Discovered Bag of “Dope” In October 1995, Bilbray said he found “a sack of dope” outside of his Imperial Beach house. He found an undercover office he knew who took the “hot pot,” according to the San Diego UnionTribune. [San Diego Union-Tribune, 11/14/95] Criticized Civil Libertarians over Fingerprint System In April 1987, Bilbray outlined what he expected to be opposition to new proposals to expand the fingerprint system in San Diego County. “I’m sure the civil libertarians are going to come out of the woodwork, screaming that this is another technological thing against society,” said Bilbray. [San Diego Union-Tribune, 4/01/87] Elementary School Concerned over Expansion of Jail In July 1987, officials at the Santee Elementary School expressed concern about the expansion of a local jail. “The issue is the safety of our children,” said Jan Clark, president of the Santee school board. The 136 DCCC Bilbray Research Book Last Updated 2/29/12 Las Colinas jail was being expanded to house an additional 800 inmates. Supervisor Bilbray proposed the expansion of the jail. [San Diego Union-Tribune, 7/28/87] City Sued, Bilbray Said They Could Have “A Whole Lot Worse” In August 1987, the city of Santee filed a suit to block the expansion of the jail. “Cities can have a whole lot worse thing than that facility,” said Bilbray. [San Diego Union-Tribune, 8/22/87] 137 DCCC Bilbray Research Book Last Updated 2/29/12 Earmark Issues Significant Findings Supported Earmark for Campaign Contributor Voted to Maintain Funding for the “Bridge to Nowhere” Opposed Earmark Reform Inconsistent Record on Earmarks Bilbray has been inconsistent on earmarks, at times voting against them but at other times voting to defend them. He voted against earmark reform to bring transparency to the system. Among the earmarks he has voted to protect is the “bridge to nowhere” in Alaska. In 2009, Bilbray requested an earmark for a campaign contributor but defended it as being requested by the military. Supported Earmark for Campaign Contributor In March 2009, Bilbray requested an earmark for $26 million to buy two Predator unmanned drones produced by General Atomics, a San Diego-based firm. Bilbray had received $50,000 from General Atomics through its PAC since 1997 and both the Chairman James Blue and his wife Anne had contributed $7,400 since 2006. [San Diego Union-Tribune, 3/22/09] Claimed Military Supported Request Bilbray claimed that General McKiernan, commander of U.S. forces in Afghanistan, had verbally requested the Predator drones. “Give me more eyes in the sky,” Bilbray recalled the general saying. “‘I need as many as I can get.’ It was a very clear message.” [San Diego Union-Tribune, 3/22/09] General Atomics Paid Over $7,000 to Send Staffer to Russia In 2000, General Atomics spent $7,198 to send David Schroeder, a staffer for Bilbray, on a nineday trip to Russia that included visits to Moscow, Sarov, and St. Petersburg. The trip's purpose was for Schroeder to examine “nuclear nonproliferation programs.” [San Diego Union Tribune, 5/06/06] Voted to Maintain Funding for the “Bridge to Nowhere” 138 DCCC Bilbray Research Book Last Updated 2/29/12 In March 2011, Bilbray voted against a measure that would have prevented funding for the notorious Alaskan “Bridge to Nowhere.” The motion to recommit would have rescinded $183 million in funding for planning, design and construction of the Gravina Island and Knik Arm bridges in Alaska. The motion specifically rescinded all unobligated balances provided for the planning or construction of the both bridges. Rep. Jared Polis, who introduced the measure, noted that a CBO study estimated that the motion would reduce the deficit by $160 million. [CQ Today, 3/02/11] The motion failed, 181-246. [HR 662, Vote #159, 3/02/11] Opposed Earmark Reform In 2007, Bilbray voted against new House rules to reform the process of creating “earmarks” in legislation. The rule required legislation and conference reports to be accompanied by a list of earmarks and limited tax or trade benefits, and their sponsors. Members would have to provide information about the recipient and purpose of an earmark. It also created new budget points of order, including pay-as-you-go rules which would require offsets to any new entitlement spending or tax cuts. [CQ Floor Votes, 1/05/97] The earmark and Pay-As-You-Go reforms passed 280-152. [HRS 6, Vote #9, 1/05/07] Supported Weak Earmark Reform In 2006, Bilbray voted in favor of a change in House rules to reform the earmarking process. Earmarks, special projects anonymously inserted into bills, often only benefited one entity. The famed “Bridge to Nowhere” in Alaska was a well-known example of an earmark. The resolution passed by the House required all House committees to list the earmarks contained in the bills they reported or in the accompanying committee reports, along with the names of the members requesting those earmarks. It also required a list of earmarks (and of the members requesting them) that were added in conference committees and not contained in the original House or Senate bills, and therefore not included in any previous earmark list. The rules change only applied to the House chamber and was only effective through the end of the 109th Congress. Democrats argued that the resolution would not actually eliminate a single earmark and would not reduce the total number of earmarks. Democrats were also critical that the GOP had seemingly abandoned ethics reform. Congressional Quarterly described the earmark reform resolution as, “a narrow rule change that will affect only one chamber for a few months.” [CQ Today, 9/14/06] 139 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 245-171. [HRS1000, Vote #449, 9/14/06] Voted Against Eliminating Wasteful Earmarks In 2008, Bilbray voted against an amendment to eliminate 103 earmarks from the military construction appropriations bill. Rep. Flake (R-AZ) proposed the amendment, noting that there was more than $600 million in earmarks included in the Military Construction bill and he appealed to Members on both sides of the aisle to follow their own rhetoric on wasteful spending and vote to strip all the special projects out of the bill. [Statement by Rep. Flake, H7768, 7/31/08] Rep. Obey, the chairman of the Appropriations Chairman, spoke in opposition to the amendment, noting that of the 518 total earmarks in the bill, “408 earmarks, 79 percent of them, were included at the request of the administration.” [Statement by Rep. Obey, H7769, 7/31/08] Rep. Edwards (D-TX) strongly opposed the amendment, saying it would “do harm to America’s service men and women and our military families during a time of war.” He pointed out that among the projects that would lose funding without the earmarks in the legislation were nine quality of life facilities such as chapels and community centers in our military bases, fifteen guard and reserve training facilities, seven active duty training facilities, new barracks and many others. [Statement by Rep. Edwards (TX), H7769, 7/31/08] The amendment was rejected, 63-350. [HR 6599, Vote #560, 8/01/08] Voted to Protect Earmarks in Beach Protection Bill In 2008, Bilbray voted against an amendment that would bar the use of funds in the bill for congressional earmarks. The purpose of the amendment, introduced by Rep. Flake, was to ensure that none of the monies authorized in the underlying legislation would go toward earmarks to help protect vulnerable Members of Congress. [Statement by Rep. Flake, H2203, 4/10/08] Rep. Eddie Bernice Johnson called the amendment “a proposed solution in search of a problem,” and said the measure had no bearing on the authorities under the BEACH Act or EPA’s beach program. [Statement by Rep. Johnson, H2204, 4/10/08] The amendment passed, 263-117. [HR 2537, Vote #182, 4/10/08] Voted Against Some Earmarks . . . Supported Amendment to Block Funds for National Mule and Packers Museum In 2007, Bilbray voted for an amendment to the fiscal year 2009 appropriations bill for the Department of Housing and Urban Development that would block an earmark to construct the National Mule and Packers Museum. 140 DCCC Bilbray Research Book Last Updated 2/29/12 The $50,000 earmark for the National Forest Recreation Association was targeted at boosting tourism dollars in Bishop, CA by helping to build a local heritage museum to memorialize and help to preserve the role of mule teams and mule packers in opening and developing the West. [Congressional Record, 7/24/07; Page H8335] The amendment was defeated 69-352. [HR 3074, Vote #700, 7/24/07] Supported Eliminating All Earmarks in Massive Appropriations Bill In 2007, Bilbray voted for an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Health and Human Services and Labor to eliminate all earmarks in the bill. [CQ Floor Votes, 7/18/07] The amendment was defeated 53-369. [HR 3043, Vote #663, 7/18/07] Voted to Remove Earmarks from Intelligence Authorization Bill In 2007, Bilbray voted in favor of a motion to instruct House conferees to eliminate any House or Senate provisions providing for earmarks and insist on provisions authorizing the maximum level of funding permissible for human intelligence collection activities. [CQ Floor Votes, 12/04/07] The motion was agreed to 249-160. [HR 2082, Vote #1125, 12/04/07] Opposed Earmark for Prisons Museum in Kansas In 2007, Bilbray voted for an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to block an earmark in the bill for the Kansas Regional Prisons Museum in Lansing, Kansas. [CQ Floor Votes, 7/18/07] The amendment was defeated 112-317. [HR 3043, Vote #670, 7/18/07] Opposed Funding for Aquarium in South Carolina In 2007, Bilbray voted for an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to bar the use of funds in the bill for the South Carolina Aquarium in Charleston, South Carolina. [CQ Floor Votes, 7/18/07] The amendment was defeated 70-360. [HR 3043, Vote #669, 7/18/07] Opposed Earmark for Ballet in New York City In 2007, Bilbray voted for an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to bar the use of funds in the bill for the American Ballet Theatre in New York City for educational activities. [CQ Floor Votes, 7/18/07] 141 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 118-312. [HR 3043, Vote #668, 7/18/07] Opposed Earmark for Exploratorium in San Francisco In 2007, Bilbray voted for an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to bar the use of funds for the Exploratorium in San Francisco, Calif., for its Bay Area Science Teacher Recruitment, Retention and Improvement Initiative. [CQ Floor Votes, 7/18/07] The amendment was defeated 89-341. [HR 3043, Vote #664, 7/18/07] Opposed Funds for Lobster Institute In 2009, Bilbray voted for an amendment to the Fiscal 2010 Commerce Justice Science Appropriations to block an earmark for the Maine Department of Marine Resources in Augusta for the Maine Lobster Research and the Inshore Trawling Survey. [CQ Floor Votes, 6/18/09] The amendment was rejected in committee of the whole by a vote of 115-311. [HR 2847, Vote #374, 6/18/09] Opposed Funds for Institute for Seafood Studies In 2009, Bilbray voted for an amendment to the Fiscal 2010 Commerce Justice Science Appropriations to block the use of funds appropriated in the bill for the Institute of Seafood studies at Nicholls State University in Thibodaux, Louisiana. It also reduced funding in the bill for the National Oceanic and Atmospheric Administration’s operations, research and facilities by $325,000. [CQ Floor Votes, 6/18/09] The amendment was rejected in committee of the whole by a vote of 124-303. [HR 2847, Vote #382, 6/18/09] But Protected Other Earmarks . . . Supported Earmark for Forest in Virginia In 2007, Bilbray voted against an amendment that would bar the use of funds in the bill for the Corporation for Jefferson’s Popular Forest in Forest, Virginia for expansion of exhibits and outreach. [CQ Floor Votes, 7/18/07] The amendment was defeated 68-360. [HR 3043, Vote #671, 7/18/07] Supported Funding for Grape Research In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill that would bar the use of funds in the bill for grape genetics research in Geneva, N.Y. [Congressional Quarterly] 142 DCCC Bilbray Research Book Last Updated 2/29/12 The Agriculture Research Service established the Grape Genetics Research Unit in Geneva, New York, at the center of New York’s grape-growing region in conjunction with Cornell University. The goals of the program are to reduce losses to crop yield and quality that result from disease, pests and environmental stress, and to improve grape and grape product quality and utilization. The genetic research unit’s primary research areas are development of resistance to pests and diseases, superior adaptation of grapes to growing conditions and tolerances for environmental and weather-related stress, and improved product quality through enhanced knowledge of genetic factors governing color, flavor, aroma, sensory characteristics and yield. [Statement of Congressman Jim Walsh, 8/02/07] The amendment was defeated 76-353. [HR 3161, Vote #810, 8/02/07] Supported Catfish Disease Earmark In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill would bar the use of funds in the bill for the Catfish Pathogen Genomic Project in Auburn, Alabama. The amendment would have prevented $878,046 in federal funds from being used for catfish genome research in Auburn, Alabama, and would reduce the cost of the bill by a commensurate amount. According to the earmark description in the certification letter, the funding would go to Auburn University “to help continue important research into the genomic behavior of catfish in order to resist and cope with virulent disease strains.” “I think that this is definitely one earmark that the taxpayers would love to throw back,” said Congressman Jeff Flake (R-AZ), who sponsored the amendment. [Congressional Record, 8/02/07; Page H9631] Opponents of the amendment pointed out that the research was necessary to protect the safety and health of the food supply, protect and strengthen important American products and an industry. [Floor Statement of Congressman Mike Rogers, 8/02/07; Congressional Record, 8/02/07; page H9631] The amendment was defeated 74-357. [HR 3161, Vote #809, 8/02/07] Supported Funding for Tobacco Earmark In 2007, Bilbray voted against an amendment to the fiscal year 2008 Agriculture appropriations bill that would bar the use of funds in the bill for earmark to study alternative uses of a tobacco grant in Maryland. [Congressional Quarterly] The amendment would have removed $400,000 in federal funds from being used for alternative uses for tobacco in Maryland and reduced the cost of the bill by a consistent amount. 143 DCCC Bilbray Research Book Last Updated 2/29/12 The certification letter submitted to the Appropriations Committee stated that the funding would go to the University of Maryland College of Agriculture and Natural Resources for the Alternative Uses of Tobacco Research Project. The Alternative Uses of Tobacco Research Project is focused on finding new, nonsmoking uses for tobacco, such as pharmaceutical or biotechnology applications. From 2002 to 2007, the Alternative Uses of Tobacco Research Project received earmarks of between $320,000 and $400,000. [Statement of Congressman Jeff Flake, 8/02/07] The amendment was defeated 94-337. [HR 3161, Vote #811, 8/02/07] Voted to Protect Funds for Water Slide, Ice Rink in Pennsylvania In 2007, Bilbray voted against an amendment to the fiscal year 2009 appropriations bill for the Department of Housing and Urban Development that would block an earmark for the Belmont Complex in Kittanning, Pennsylvania. The Belmont Complex is a recreational facility owned by Armstrong County which offers an Olympic-size outdoor swimming pool with a 150-foot waterslide and an indoor ice skating rink and arena. [Armstrong County] The amendment was defeated 87-335. [HR 3074, Vote #698, 7/24/07] Voted to Allow Defense Department to Spend Millions on NASCAR Sponsorships In 2011, Bilbray voted against an amendment that would bar the Department of Defense to sponsor NASCAR race cars. The Army spent approximately $7 million on NASCAR endorsements, down from $11.6 million in 2009, and another $5 million on drag racing. The Marine Corps, Navy, and Coast Guard had all dropped their sponsorships of NASCAR in 2006. [National Journal, 2/15/11] The amendment was rejected, 148-281. [HR 1, McCollum amendment #50, Vote #90, 2/18/11] Voted Against Saving $35 Billion and Cutting Alternate Engine for Strike Fighter In 2011, Bilbray voted against an amendment that would cancel funding for an alternate engine for the F35 Joint Strike Fighter, cutting an additional $450 million and saving up to $3 billion over several years. The Joint Strike Fighter was the nation’s most expensive weapons program. The Bush and Obama administrations had tried to kill the alternate engineer for over five years and many Tea Party-affiliated Republicans broke ranks with Speaker John Boehner who supported the program. Work on the engine provided more than 1,000 jobs near his district. [New York Times, 2/16/11] Defense Secretary Robert M. Gates said the F136 cost about $28 million a month to continued and had urged its termination. [CQ Today, 2/16/11] 144 DCCC Bilbray Research Book Last Updated 2/29/12 Cobham Sensor Systems, a San Diego based company, is a designer and manufacturer of components for the jet’s radar and pilot protection mechanisms. About 200 people work on the project for Cobham. [San Diego Union-Tribune, 5/17/11] The amendment was adopted, 233-198. [HR 1, Rooney amendment #2, Vote #46, 2/16/11] Voted to Allow the Reopening of the Second Engine for the F-35 Joint Strike Fighter In 2011, Bilbray voted to ban funds for the improvement of F-35 Joint Strike Fighter engines unless the Department of Defense makes money available for purchasing the F-35 alternative engine. The FY2012 Defense Authorization bill contained a number of policy riders including one which states that no government money would go to the alternative engine but that the group could continue to work on the engine at their own cost. Also, the rider “would require the Pentagon to create competition for the F-35 engine contract should certain enhancements be made to the main engine.” [The Hill, 5/25/11; Marine Corps Times, 5/23/11; CQ BillAnalysis HR 1540, 7/04/11] The bill passed 322-96. [HR 1540, Vote #375, 5/26/11] Voted For Justice Department Review of Coconut Road Earmark In 2008, Bilbray voted for a motion to concur with Senate revisions to the Surface Transportation Law. The bill contained approximately 6,200 earmarks for special projects around the country. Critics of excessive spending within both parties as well as government watchdog groups decried the inclusion of so many ‘pet projects’ in what was purported to be a simple clarifying measure. [Statement by Rep. Flake, H2882, 4/30/08] One earmark that came under particular scrutiny was a $10 million request to widen I-75 in Florida’s Collier and Lee counties, but the final version of the measure sent to President Bush for his signature was changed to redirect that money to the Coconut Road Interchange in Lee County. Watchdog groups pointed to then House Transportation Committee Chairman Don Young, R-Alaska, as the source of the change, and said one of the prospective backers of the Coconut Road project had held a fundraiser for Young in 2005. Sen. Tom Coburn, (R-OK) demanded an investigation, and the Senate, when it passed the highway corrections bill on April 17, directed the Justice Department to investigate whether criminal laws were broken when the project was inserted into the 2005 act after the final vote. [CQ Today, 4/17/08] The motion was agreed to, 358-51. [HR 1195, Vote #229, 4/30/08] 145 DCCC Bilbray Research Book Last Updated 2/29/12 Economic Stimulus and Financial Bailout Significant Findings Opposed Wall Street Reform Opposed 2008 TARP Bailout Bilbray voted against the financial regulatory bill enacted to reform Wall Street and prevent future bank bailouts. In 2008, he voted against the original TARP bailouts to prevent an economic meltdown. Opposed Wall Street Reform In December 2009, Bilbray released a statement opposing the Wall Street reform bill being considered by the House of Representatives: Spending in Washington is out of control, and taxpayers need protection from congressional leaders who have no problem bailing out Wall Street to the tune of $787 billion, or passing an ill-fated Stimulus plan that cost $700 billion, or watching AIG bonuses climb into the millions, or the billions that went to Detroit’s automakers. I voted against bailing out Wall Street before, and I am proud to have voted against H.R. 4173. Further, this bill hands even more control of our economy over to the federal government while making it tougher for local businesses to create jobs. When San Diego has 10.5 percent unemployment, our focus should be on job creation in the private sector, not creating an even bigger government than we already have. [State News Service, 12/11/09] Voted to Protect Wall Street Agenda In 2010, Bilbray voted against overhauling the regulation of the financial services industry, to protect consumers from practices that could threaten the economy. The bill aimed to strengthen the government’s ability to prevent future bailouts by giving the government strong new powers to restrain or dissolve large firms who failure could threaten the economy. The overhaul measure would create new regulatory mechanisms to deal with the risks posed by very large financial firms, create a new federal agency to oversee consumer financial products, and force banks and other financial institutions to hold more capital to protect against future financial upheaval. The bill would bring the $600 trillion derivatives market under federal regulation for the first time and give company shareholders and regulators greater say on executive pay packages. [CQ Today, 6/30/10] 146 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed, 237-192. [HR 4173, Vote #413, 6/30/10] Opposed Final Financial Bailout Bill In 2008, Bilbray voted against a bill that gave a historic rescue to the financial industry. The bill specifically allowed the Treasury Department to buy up to $700 billion in troubled assets, the largest government intervention in the financial market since the Great Depression. The measure was similar to a previous piece of legislation (HR 3997) but included significant restrictions on the Treasury program, including parceling out the money in installments, limiting executive compensation at participating firms and establishing a government insurance plan for asset-backed securities, paid for by financial institutions. [CQ Today, 10/03/08] The bill passed 263-171. [HR 1424, Vote #681, 10/03/08] Opposed Responsible Way to Stabilize or Dissolve Failing Institutions In 2010, Bilbray voted to oppose language in a financial regulatory overhaul bill giving the Federal Deposit Insurance Corporation the authority to act as a receiver for failing financial companies. The bill would also have instructed the House conferees not to vote on a conference agreement unless it was made electronically available and searchable for 72 hours. Republicans had argued in debate over the financial regulatory bill that allowing bankruptcy for corporations was the only way to ensure that taxpayer money would not be used in a future bailout. House Financial Services Chairman Barney Frank called allowing bankruptcy as the only option for failing institutions “reckless.” Frank argued that the bill would not allow institutions to get too far into debt and require a bailout. [CQ Today, 6/09/10] The motion to instruct failed, 198-217. [HR 4173, Vote #343, 6/09/10] Opposed the American Recovery and Reinvestment Act of 2009 In 2009, Bilbray opposed the conference report of the American Recovery and Reinvestment Act. The bill was a $787 billion spending package to provide aid to states and cities, funding for transportation and infrastructure projects and expansion of the Medicaid program to cover more unemployed workers. It included $301.1 billion in personal and business tax breaks. [CQ Bill Analysis HR1; HR1, Vote #70, 3/31/09] Opposed $400 “Making Work Pay” Tax Credit The conference report of the American Recovery and Reinvestment Act of 2009 included a refundable income tax credit for two years, beginning in 2009 and 2010. The credit was to be the lesser of 6.2 percent on an individual’s earned income or $400, $800 in the case of a joint return. [CQ Bill Analysis HR1; CQ House Action Reports, 2/13/09] Opposed $2,500 Tax Credit for College Students 147 DCCC Bilbray Research Book Last Updated 2/29/12 The conference report of the American Recovery and Reinvestment Act of 2009 created the American Opportunity Tax Credit, an expansion of an existing tax break called the Hope Scholarship Credit. The new credit allowed for 100 percent of the first $2,000 in tuition and related fees and 25 percent of the second $2,000 (for a total of $2,500). That increased from a maximum of $1,800 previously. [Chicago Tribune, 3/01/09] Lower Taxes for 95 percent of Taxpayers Together the conference report of the American Recovery and Reinvestment Act of 2009 individual tax provisions would lower taxes for 95 percent of all taxpayers. [CQ House Action Reports, 2/13/09] “Largest Tax Cuts in American History.” According to an editorial which ran in the Rochester Democrat and Chronicle, “The new stimulus law contains the largest tax cuts in the nation’s history.” [Rochester Democrat and Chronicle, Editorial, 2/26/09] Opposed Funding for Renewable Energy The conference report of the American Recovery and Reinvestment Act of 2009 included $16.8 billion to the Energy Department for energy efficiency and renewable energy. Of which, $3.2 billion was for energy efficiency and conservation block grants. $5 billion for weatherization projects, $3.1 billion for the State Energy Program, and $2 billion for grants for the manufacturing of advanced batteries. [CQ Bill Analysis HR1] Opposed Funding for Highway Infrastructure Investment The conference report of the American Recovery and Reinvestment Act of 2009 included $27.5 billion for highway infrastructure investment projects and activities administered by the Federal Highway Administration. [CQ Bill Analysis HR1] Opposed Funding for Healthcare and Medicaid The conference report of the American Recovery and Reinvestment Act of 2009 included $86.6 billion to help states with Medicaid costs based on increases in the state’s unemployment rate. Provided a 65 percent subsidy for COBRA continuation premiums for up to nine months for workers and their families that had been involuntarily terminated. [CQ Bill Analysis HR1] Opposed Education Funding to Help Avoid Teacher Layoffs The conference report of the American Recovery and Reinvestment Act of 2009 included $53.6 billion for a state fiscal stabilization fund of which, $39.5 billion would be used to enhance local school budgets. Governors were to channel money to avoid teacher layoffs and modernization of 148 DCCC Bilbray Research Book Last Updated 2/29/12 school buildings. Also included $1 billion for Head Start programs. The measure also included $15.84 billion for student financial assistance and to carry out the Higher Education Act of 1965. [CQ Bill Analysis HR1, New York Times, 2/14/09] Opposed Alternative Minimum Tax Patch The conference report of the American Recovery and Reinvestment Act of 2009 included an Alternative Minimum Tax patch for 2009 to keep the number of individual AMT payers the same as in 2008 It protected an estimated 26 million middle-class families from being hit by the AMT. [CQ Bill Analysis HR1] Note: The American Recovery and Reinvestment Act of 2009 included funding for a variety of other measures beyond these highlights. Opposed Original American Recovery and Reinvestment Act of 2009 In 2009, Bilbray opposed the American Recovery and Reinvestment Act of 2009 a $825 billion spending package that would provide aid to states and cities, funding for transportation and infrastructure projects and expansion of the Medicaid program to cover more unemployed workers. It included $275 billion in personal and business tax breaks. [CQ House Action Reports, 1/26/09] The bill passed 244-188. [HR 1, Vote #46, 1/28/09] Opposed Creating Commission to Try and Prevent Another Financial Meltdown In 2009, Bilbray voted for the creation of a bipartisan commission to try and prevent another financial meltdown. The independent commission would examine the causes that led to the financial crisis and provide the resources necessary to help prevent it from happening again. [CQ Floor Votes, 5/18/09] The bill passed 338-52. [S. 386, #268, 5/18/09] Opposed Say on Executive Pay Bill In 2009, Bilbray voted against the Corporate and Financial Institution Compensation Fairness Act that gave shareholders a say on the pay of corporate executives. It did this by giving them a nonbinding vote on executive compensation plans and allowing federal regulators to restrict incentive-based compensation practices deemed to threaten the health of larger financial institutions. The measure also required a separate non-binding shareholder vote on any “golden parachute” packages for executives who leave a company in the event of a merger or acquisition. It also required the Securities and Exchange Commission to issue independence standards for compensating consultants which advise a company’s board of directors on executive pay. [CQ Today, 7/31/09] The bill passed 237-185. [HR 3269, #686, 7/31/09] Opposed the TARP Reform and Accountability Act 149 DCCC Bilbray Research Book Last Updated 2/29/12 In 2009, Bilbray voted against placing new strict requirements on banks and other financial institutions that accept government assistance under the Treasury Department’s $700 billion financial rescue program. The House measure included requiring recipients of government money to prove they are using the money to increase lending to consumers and small businesses, limit the ability to use the money to finance mergers, and bar them from paying bonuses to top executives until the money is repaid. The measure also would require the President to dedicate at least $40 billion to help distressed homeowners avoid foreclosure. Homeowners in part would be helped by the creation of a “safe harbor” that would protect loan servicers that modify troubled mortgages from lawsuits by investors in the mortgages. The reform also allowed for funds to be used to assist the domestic auto industry. [The Washington Post, 1/22/09] The Senate did not have plans to take up the reform bill. The bill passed 260-166. [HR 384, Vote #26, 1/21/09] Voted Against Bill to Cap Executive Compensation for Bailout Companies In 2009, Bilbray voted against a bill to bar any recipient of federal money from the $700 billion financial industry bailout from paying any compensation that is “unreasonable or excessive,” as defined by standards to be set by federal banking regulators. The restrictions would be lifted once a company had repaid the government. This was one of the bills that came from the outrage over AIG bonuses. [CQ Today, 4/01/09] The bill passed 247-171. [HR 1664, Vote #182, 4/01/09] Voted to Allow Gas Companies to Continue to Hide Executive Bonuses In 2011, Bilbray voted against an amendment which would force oil and gas companies to disclose how much they spend on executive bonuses when applying for oil and gas leases. The amendment would require companies seeking off-shore oil and gas leases under the programs listed in H.R. 1231, the Reversing President Obama’s Offshore Moratorium Act, to disclose the amount of money their executives received in bonuses in the previous quarter. [The Hill, 5/11/11] The amendment failed 186-240. [HR 1231, Vote #314, 5/11/11] Voted for Taxing Bonuses of Employees at Companies That Received TARP Money at 90 percent In 2009, Bilbray voted for imposing a 90 percent tax on employee bonuses paid in 2009 by companies that received more than $5 billion in federal aid. The bill did not affect bonus recipients with household’s adjusted gross income below $250,000, $125,000 for individuals or married people who file separately. Executives could avoid the tax by waiving any rights to the bonuses or returning the money by the end of the year. The bill was in response to the outrage over the reported bonuses to executives at AIG. [CQ Today, 3/19/09] The bill passed 328-93. [HR1586, Vote #143, 3/19/09] 150 DCCC Bilbray Research Book Last Updated 2/29/12 Education Issues Significant Findings Sued to Overturn In State Tuition for Californians Regardless of Immigration Status Supported Head Start Reauthorization Supported School Vouchers for DC Bilbray sued to overturn a California law that provided in state tuition for California high school graduates regardless of immigration status. Bilbray was angered that his children, who graduated from high school in Virginia, would still have to pay out-of-state tuition. He voted for the reauthorization of Head Start in 2007. Bilbray voted multiple times for the school voucher program in DC. Sued to Overturn In State Tuition for CA High School Graduates Regardless of Immigration Status In 2011, it was reported that the U.S. Supreme Court denied a petition to rule on California’s Assembly Bill 540 which allowed any individual – regardless of immigration status – who graduated from a California high school after attending for three years qualified for the in-state tuition in California. Bilbray sued to overturn AB 540. He complained that his children, who attended Virginia high school, had to pay out-of-state tuition. The editorial pointed out “The odd thing is that if AB 540 didn’t exist or were overturned, Bilbray’s children would still have had to pay out-of-state tuition until they established residency in California. As it turns out, most students who benefit from AB 540 are U.S. citizens or legal immigrants.” The Sacramento Bee re-printed their previous stance on Bilbray’s lawsuit which read “On the face of it, the lawsuit is ridiculous … Brian Bilbray’s children pay out-of-state tuition because they lived and went to school in Virginia, not California…If AB 540 law didn’t exist, Bilbray’s children would still have to pay out-of-state tuition. So what is the lawsuit really about? It is about penalizing children who were raised and schooled in California because of parents’ actions, a repugnant notion…Is it in the interest of the state for children living in California to pursue an education? Of course.” [Editorial, Sacramento Bee, 6/08/11] Supported Bipartisan Early-Childhood Education Program In 2007, Bilbray voted for a conference report to reauthorize the Head Start program through 2012. 151 DCCC Bilbray Research Book Last Updated 2/29/12 The Head Start program has provided over 24 million children with education and needed social services, like health and nutrition, since its inception in 1965. The conference report increased Head Start teacher salaries, increased the number of eligible participants, tightened program accountability, and authorized $24 million for the program from 2008-2010. The final version did not include a provision to take faithbased hiring into account for religious providers of Head Start services. [CQ Floor Votes, 11/14/07; Congressional Quarterly, 11/19/07] “Head Start is one of America’s most popular investments because it is one of our most effective,” said Congresswoman Nancy Pelosi. ”This legislation builds on its success and strengthens Head Start for the future.” [Congresswoman Nancy Pelosi press release, 12/12/07] The conference report passed 381-36. [HR 1429, Vote # 1090, 11/14/07] Violated Republican Spending Rules to Support School Vouchers In 2011, Bilbray voted to reauthorize and modify the D.C. Opportunity Scholarship program which grants school vouchers to low-income D.C. students without offsetting the cost of the program through spending cuts. The legislation would authorize, from Fiscal Year 2012 through 2016, $20 million annually to reinstitute a school voucher program in the District and would also authorize an additional $40 million annually to assist District public and charter schools from fiscal 2012 to 2016. This funding was not offset by cutting spending elsewhere in the budget and would have violated the CutGo rule put in place by Republicans; they waved the rule for this bill. [CQ Today Online News, 3/30/11; Associated Press, 3/31/1] The bill passed 225-195. [HR 471, Vote #204, 3/30/11] Voted to Reauthorize the District of Columbia School Voucher Program In 2011, Bilbray voted for a bill containing a policy rider which reauthorized the District of Columbia School Voucher program. The policy rider reauthorized the District of Columbia School Voucher program and provided $16 million for the scholarships. This is possible because the federal government ultimately controls the DC budget. The underlying bill was the final continuing resolution passed to fund the federal government for the rest of Fiscal Year 2011. [CQ BillAnalysis, 7/14/11; CQ Floor Votes, 4/14/11] The bill passed 260-167. [HR 1473, Vote #268, 4/14/11] NOTE: This bill was passed as a compromise between the White House, Senate and House of Representatives to avoid a government shutdown and provided funding for government agencies for the remainder of FY11. Supported D.C. Vouchers in Previous Years Bilbray has frequently voted in favor of implementing a voucher program in the District of Columbia. 152 DCCC Bilbray Research Book Last Updated 2/29/12 1998: Bilbray voted in favor of a plan to provide school vouchers to an estimated 2,000 poor D.C. public school students. The amendment passed 214-208. [CQ Floor Votes, 8/06/98; HR 4380, Vote #411, 8/06/98] 1995: Bilbray voted in favor of an amendment to provide vouchers to low-income students, require that the District of Columbia superintendent of schools develop a longterm school reform plan and establish independent public charter schools in D.C. The amendment passed 241-177. [CQ Floor Votes, 11/02/95; HR 2546, Vote #763, 11/02/95] Opposed Private School Vouchers in 1999 In 1999, Bilbray voted against an amendment to authorize a total of $500 million over five years for a program to offer students in grades one through five scholarships of $3,500 for tuition and fees at public or private schools if their governor has declared their school an “academic emergency.” [CQ Floor Votes, 10/21/99] The amendment was defeated, 166-257. [HR 2, Vote #521, 10/21/99] Supported Tax-Free Education Savings Accounts in 1998 In 1998, Bilbray voted for a bill to permit individuals to set aside up to $2,000 a year in a tax-sheltered savings account that could be used to pay for educational expenses. [CQ Floor Votes, 6/18/98] The bill passed 225-197. [HR 2646, Vote #243, 6/18/98] Earlier in the year, Bilbray voted in favor of the original form of the bill. [CQ Floor Votes, 6/17/98] It passed 228-191. [HR 2646, Vote #236, 6/17/98] Supported Voucher Plan in 1997 In 1997, Bilbray voted in favor of a Republican school vouchers bill. Instead of providing much-needed relief to the nation’s public schools, this plan would use taxpayer dollars to pay private and parochial school tuition for only a handful of students. [HR 2746, Vote #569, 11/04/97; U.S. Department of Education, 9/23/97] The bill was defeated 191-228. [HR 2746, Vote #569, 11/04/97] Supported Education Tax Cut Bill in 1997 In 1997, Bilbray voted in favor of the original legislation to allow families to put money into an “education savings account” to pay for private elementary and secondary school education. [CQ Floor Votes, 10/23/97] 153 DCCC Bilbray Research Book Last Updated 2/29/12 President Clinton, most Democrats in the House delegation, and organizations like the National Education Association (NEA), American Federation of Teachers (AFT) and the Parent-Teacher Association (PTA) strongly opposed this bill because it benefited only the most affluent families who can afford to accumulate savings. In addition, wealthy families, the families that were most likely to send their children to private schools, would receive the greatest tax advantage because their marginal tax rates were higher. The proposal’s opponents argued the bill would effectively take more than a billion dollars of limited federal education resources and divert it to the wealthy families and the private schools. The Department of Treasury estimated those families making more than $93,000 would enjoy more than 70 percent of the benefits of the bill. The bill passed 230-198. [HR 2646, Vote #524, 10/23/97] Opposed Measure to Strengthen Head Start In 2007, Bilbray voted against legislation to reauthorize the Head Start program from 2008 to 2012. The bill authorized $7.4 billion in fiscal 2008 and such sums as necessary from fiscal 2009 through 2012. The bill would require at least 50 percent of Head Start teachers to have a bachelor’s degree by 2013, and would provide for a new system to review applications to identify which programs provide high quality comprehensive early childhood programs. The bill would allow Head Start programs to increase income eligibility to 130 percent of poverty, if the programs demonstrate a community need. [[CQ Floor Votes, 5/02/07]] Those funds would provide up to 10,000 more children access to the program, prioritizing expansion of the Early Head Start program and expanding services to additional Migrant and Seasonal Head Start and Indian Head Start programs. [House Education and Workforce Committee] The bill passed 365-48. [HR 1429, Vote #285, 5/02/07] Supported Student Loan Forgiveness Program for Head Start Teachers In 2007, Bilbray voted for an amendment to the Head Start reauthorization bill that would authorize the Education Department to implement a program to forgive student loans for Head Start and Early Head Start teachers. The program would apply to teachers who receive a bachelor’s degree in a field related to early childhood education and agree to teach in the Head Start program for at least three years. [CQ Floor Votes, 5/02/07] The amendment passed 312-207. [HR 1429, Vote #278, 5/02/07] Voted to Allow Religious Discrimination in Head Start Hiring 154 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted for a motion to recommit the Head Start reauthorization bill to the Education and Labor Committee with instructions that it be immediately reported back with language that would permit faith-based Head Start providers to take religion into account when hiring employees for their Head Start program. The motion also clarified that faith-based organizations would not have to remove “religious art, icons, scripture or other symbols” in order to be eligible for Head Start programs. [CQ Floor Votes, 5/02/07] The motion’s sponsor, Congressman Buck McKeon (R-CA) argued that the measure was necessary “because of a flaw in the Federal Head Start law, faith-based institutions have been forced to relinquish their civil liberties if they choose to participate in the Federal early childhood program we are poised to reauthorize today. The motion was defeated 195-222. [HR 1429, Vote #284, 5/02/07] Supported Religious Discrimination in Head Start Hiring in 2005 In 2005, Bilbray voted in favor of allowing - for the first time in Head Start’s 40-year history - a faith based sponsored Head Start Program to use federal taxpayer dollars to discriminate against highly qualified teachers and other employees solely because of their religion or personal religious views. Head Start Agencies should hire the most qualified teachers, irrespective of the teacher’s religion or religious beliefs. [Rep Miller Dear Colleague, “Vote NO on the Boustany Head Start religious discrimination amendment to H.R. 2123.” 9/22/05] The bill passed 220-196. [HR2123, Vote #492, 9/22/05] Supported Minimum Funding for Head Start and Pell Grants In 2000, Bilbray voted for a motion to the 2001 Labor-HHS Appropriations bill to include minimum funding levels for certain Education Department programs, such as Head Start and Pell Grants, and for the National Institutes of Health. [CQ Floor Votes, 7/19/00] The motion failed 207-212. [HR 4577, Vote #415, 7/19/00] Opposed Block Granting of Education Programs In 1999, Bilbray voted against a bill that would establish a new block grant combining three existing education programs – a teacher performance program, the Goals 2000 program and a program to reduce class size by hiring 100,000 teachers. The new grant was authorized at $2 billion per year for five years, and states were given greater flexibility in deciding how to spend the funds. [CQ Floor Votes, 7/20/99] 155 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 239-185. [HR 1995, Vote #320, 7/20/99] Supported Reauthorizing Head Start in 1998 In 1998, Bilbray voted in favor of legislation to reauthorize several programs, including Head Start, the Community Development Block Grant and the Low Income Home Energy Assistance Program. [CQ Floor Votes, 9/14/98] The bill passed 346-20. [S 2206, Vote #426, 9/14/98] Supported School Breakfast, After-School Nutrition Program In 1998, Bilbray twice voted in favor of a bill (HR 3874) that would expand and test an elementary school breakfast program. The bill also allowed students through age 18 to receive a snack during an after-school program. Many educators stated that they believed such programs help to prevent unsupervised teen-agers from committing crimes, using drugs and alcohol or having sex. Previously, the nutrition program’s cutoff age was 13, making it financially difficult for many schools to offer after-school services for older students that must include some kind of light food. The measure also lifted a restriction that prevented schools from participating in the after-school nutrition program unless it had already been in place in 1989. [Associated Press, 7/20/98] The bill passed 383-1, passed again in its final form 422-1, and was signed into law. [HR 3874, Vote #297, 7/20/98; Vote #510, 10/09/98; Signed by President, 10/31/98] Voted to Cut Medicaid Assistance and Education Funding to States In 2010, Bilbray voted against extending increased Medicaid assistance and education funding to states. The bill extended the increased federal matching payments of the Federal Medical Assistance Percentage program provided for under the economic stimulus law for an additional six months. It also provided $10 billion in supplemental appropriations for education to assist in hiring and retaining teachers and other public school employees. The $26.1 billion cost of the bill was offset in part by terminating increased food stamp benefits, provided by the stimulus law, and by closing use of the foreign tax credit by multinational corporations. Closing those loopholes would raise approximately $10 billion in revenue. [CQ Bill Analysis, 8/11/10] The bill passed, 247-161, and the President signed the bill into law on August 10, 2010. [HR 1586, Vote #518, 8/10/10] Opposed Energy Efficient School Construction 156 DCCC Bilbray Research Book Last Updated 2/29/12 In 2009, Bilbray opposed a bill to promote energy-efficient school building. The bill authorized billions of dollars for “green” school renovation and modernization projects. The bill authorized$6.4 billion in fiscal 2010 for school construction projects and such funds as necessary through fiscal 2015. The bill required that all funding for fiscal 2015 be used for projects that meet environmental friendliness standards. The measure also authorized $600 million from fiscal 2010 to fiscal 2015 specifically for schools in the Gulf Coast region, where many schools were destroyed or severely damaged by hurricanes Katrina and Rita. [CQ Weekly Report Education, 5/18/09] The bill passed 275-155. [HR 2187, Vote #259, 5/14/09] Voted Against School Modernization, Repair Funds In 2008, Bilbray voted against a $60.8 billion economic stimulus package designed to fund infrastructure projects, unemployment insurance and Medicaid. The bill included $3 billion to modernize, renovate and repair schools as well as make them more energy efficient. [CQ Floor Votes, 9/26/08] The bill also included $36.9 billion in funding for transportation, with $12.8 billion for highway infrastructure, $3.6 billion for public transit and $500 million for Amtrak. [CQ Today, 9/26/08] The bill passed 264-158. [HR 7110, Vote #660, 9/26/08] Voted Against Modernizing and Repairing Public Schools In 2008, Bilbray voted against a bill that would authorize $6.4 billion to build environmentally friendly public schools. The bill would also authorize an additional $500 million over five years to help reconstruct public schools damaged by hurricanes Katrina and Rita. [CQ Today, 6/04/08] Democrats argued that by funding school repairs, the bill would improve learning. “In far too many instances, our nation’s school buildings are literally crumbling … They’re in desperate need of modernization,” House Education and Labor Committee chairman Rep. George Miller said. [CQ Today, 6/04/08] Republicans countered that the government should focus its spending on disability education and Title I funding rather than school repairs. “If we have $6.4 billion to invest in education next year, let’s put it…in existing programs,” Rep. Howard P. “Buck” McKeon said. [CQ Today, 6/04/08] The bill passed 250-164. [HR 3021, Vote # 379, 6/04/08] Opposed Offering Funds for Charter School Construction and Modernization In 2008, Bilbray voted against an amendment to contribute to the modernization, renovation, and repair of public school facilities. 157 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment provided schools access to the funding needed to help ensure that learning environments are safe, healthy, energy-efficient, and technologically advanced. [Rep. Kildee Press Release, 6/05/08] Section 309 of the amendment dictated that no funds provided under the legislation could be used in the employ of illegal immigrants and mandated that all local educational agencies must have a background check policy for all employees in order to be eligible for funds. [Congressional Record, H4948, 6/04/08] The amendment passed, 260-151. [HR 3021, Vote # 374, 6/04/08] Opposed Fiscally Responsible FY 2009 Budget with $85.3 Billion for Education In 2008, Bilbray voted against a budget resolution that would establish the congressional budget for FY 2009. The resolution would call for expenditures of $3.1 trillion and would allow up to $1 trillion in discretionary spending, plus $70 billion for the wars in Iraq and Afghanistan and $5.8 billion for hurricane recovery. [Congressional Quarterly The bill would also include $85.3 billion for education, training, employment and social services, an amount that was $7.1 billion more than President Bush had requested. [Congressional Quarterly; “Summary of the 2009 Democratic Budget,” House Committee on the Budget, 3/11/08] The bill passed 212-207. [H Con Res 312, Vote #141, 3/13/08] Opposed FY08 Budget that Invested in Education, Innovation Agenda In 2007, Bilbray voted against the fiscal year 2008 budget conference report that began to reverse six years of Republican fiscal mismanagement, provided for middle-class tax relief and would return the budget to balance – reaching a surplus of $41 billion in 2012 – without raising taxes. [House Budget Committee, Overview of FY2008 Budget Conference Agreement, 5/16/07] The budget provided $9.5 billion more for education, training, and social services than President Bush requested, including funding for No Child Left Behind programs, special education, and aid to help students afford college. The budget also increased funding for Head Start and child care while funding the House Democratic innovation agenda, putting us on a path to double funding for the National Science Foundation and providing significant increases in K-12 math and science education. [House Budget Committee, Conference Agreement on the FY 2008 Budget Resolution: Building on the “Six for ‘06, 5/24/07] The budget passed 214-209. [SCR 21, Vote #377, 5/17/07] Supported Extraneous Motion on Teacher, School Employee Background Checks In 2007, Bilbray voted in favor of a motion to recommit the fiscal year 2009 appropriations bill for the Department of Education to allow schools to conduct background checks on their employees. 158 DCCC Bilbray Research Book Last Updated 2/29/12 The motion would have recommitted the bill to the Appropriations Committee with instructions that it be reported back promptly with language that would allow funding provided to elementary and secondary schools, child welfare agencies and other agencies to be used to conduct background checks on teachers and other employees. [CQ Floor Votes, 7/19/07] Opponents of the motion, including Appropriations Committee Chairman David Obey (D-WI), pointed out that “under the bill money in the Safe and Drug Free Schools account can already be used for exactly the same purpose.” Obey also pointed out that the Safe and Drug Free Schools program was cut by President Bush to $100 million, “and the House has restored $146 million above the President’s figure to take care of problems just such as this.” [Statement of Congressman David Obey, Congressional Record, 7/17/07; Page H8170] The motion was defeated 206-213. [HR 3043, Vote #685, 7/19/07] Opposed Amendment Eliminate Funding for PBS In 2007, Bilbray voted against an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to eliminate funding for the Corporation for Public Broadcasting. [CQ Floor Votes, 7/18/07] The amendment was defeated 72-357. [HR 3043, Vote #662, 7/18/07] A Long Record of Opposing Funds for School Construction Bilbray has frequently opposed efforts to increase funds for helping communities to rebuild and modernize local schools. 2000: Bilbray voted in favor of the FY 2001 Labor-HHS Appropriations bill, which would prohibit OSHA from using funds to issue or propose any standards on ergonomic protection. The bill also ignored President Clinton’s plan to hire teachers and rebuild schools and cuts his proposals for childcare and job training for teenagers. The bill passed, 217-214. [HR 4577, Vote #273, 6/14/00; New York Times, 6/15/00] 1999: Bilbray voted against a motion to recommit legislation to committee with instructions to report the bill back with an amendment to reduce school class sizes, ensure that teachers are highly qualified, and repair crumbling schools. The amendment was defeated 201-217. [CQ Floor Votes, 10/21/99; HR 2300, Vote #531, 10/21/99] 1997: Bilbray voted against legislation to increase the cap on the amount of funding that public schools may use to issue interest-free bonds for facility improvement or construction projects, purchase of educational equipment, curriculum development and teacher training from $400 million to $4 billion in fiscal 1998 and 1999. The amendment was defeated, 199-224. [CQ Floor Votes, 10/23/97; HR 2646, Vote #523, 10/27/97] Supported Extreme Cuts to Education 159 DCCC Bilbray Research Book Last Updated 2/29/12 In 1999, Bilbray voted in favor of a Republican Budget plan that called for drastic cuts to education programs. Among the programs highlighted for cuts and even elimination were the initiative to fund 100,000 new teachers, after-school programs and teacher quality and recruitment programs. Based on the Labor/Health and Human Services and Education bill passed by the House Appropriations Committee on September 23, 1999, here is a partial list at some the programs that would have been impacted: Eliminated the 100,000 new teachers program. This included eliminating the funding for the 30,000 teachers that were hired in 98, the 8,000 new teachers that would be hired in 1999 and any future teachers. Eliminated funding for programs that help states and localities to turn around failing schools. Cut funding for after-school and summer school programs, denying at least 300,000 students access to the programs. Cut funding for teacher quality and recruitment programs. Cut funds for the GEAR UP program, denying more than 130,000 disadvantaged young people the help they need to get into college. The budget passed 221-208. [H Con Res 68, Vote #77, 3/25/99] Opposed Teacher Training Funds In 1999, Bilbray voted against an amendment to authorize $200 million in fiscal year 2000 for a grant program to states for a sabbatical program for public school teachers who take leave to pursue professional development. The grant program would pay for one-half the salary of an eligible teacher who takes a course, with the state or local government picking up the other half. Under the program, teachers could not take more than one academic year to pursue professional development. [CQ Floor Votes, 7/20/99] The amendment was defeated 181-242. [HR 1995, Vote #317, 7/20/99] Inconsistent Votes on Safe and Drug-Free Schools In 1995, Bilbray voted in favor of the Republican Rescissions bill, which eliminated $17.3 billion in funds that had already been appropriated for crime prevention and other programs. Included in this package was a $472 million cut in already appropriated funds for the Safe and Drug Free School Program. This Republican proposal would have effectively ended this federal program to help communities keep their kids away from drugs. [CQ Floor Votes, 3/16/95] 160 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 227-200. [HR 1158, Vote #251, 3/16/95] Also in 1995, Bilbray voted against an appropriations bill that cut the Safe and Drug-Free Schools program by 60 percent, depriving more than 39 million students of anti-drug programs and counseling services. [CQ Floor Votes, 8/04/95] The bill passed 219-208. [HR 2127, Vote #626, 8/04/95] Voted Against Protecting Pell Grants from $39 Million Cut In February 2011, Bilbray voted against an amendment that would have increased funds for Federal Pell Grants by $39 million, offset by a reduction in funds available for Department of Education Program Administration. The amendment was not adopted 186-238. [HR 1, Vote #146, 2/19/11] Opposed Reforming Student Loan Programs In 2010, Bilbray voted against substantial student loan program reforms, forcing commercial banks out of the federal student loan market. The reforms were included in the final health care reconciliation bill. Previously, commercial banks received guaranteed federal subsidies to lend money to students, with the government assuming risk. Democrats long denounced the program, criticizing it for letting banks profit at the expense of students and taxpayers. The Congressional Budget Office said that the direct-lending approach to student loans would save taxpayers about $61 billion over 10 years, roughly $40 billion of which would be redirected to higher education. The bill also increased the maximum Pell grant award and tied the increases to inflation. [New York Times, 3/25/10] The bill passed, 220-211. [HR 4872, Vote #167, 3/21/10] Voted Against Extending Tax Cuts for Tuition, Education Expenses In 2008, Bilbray voted against a bill that would extend expiring tax provisions through 2009. Specifically, the bill would extend the tax credit for expenses for teachers and deductions for tuition expenses. [CQ Floor Votes, 9/26/08] The bill passed 257-166. [HR 7060, Vote #649, 9/25/08] Voted for Increased Funds for Pell Grants In 2008, Bilbray voted for a bill that would authorize increased funding for Pell Grants as part of an omnibus spending bill. The funds were meant to keep pace with education cost increases so no one would lose grants. 161 DCCC Bilbray Research Book Last Updated 2/29/12 Specifically, the bill would provide a $2.5 billion increase to Pell Grant funding above fiscal year 2008. [CQ Floor Votes, 9/24/08] The bill passed 370-58. [HR 2638, Vote #632, 9/24/08] Opposed Largest Increase in Student Aid Since the GI Bill In 2007, Bilbray voted against legislation that provided the largest increase in student aid since the G.I. Bill. [Reno Gazette Journal, 9/10/07] The conference report of the bill cut government subsidies to student loan firms by about $20 billion and redirected most of the money to aid for students and college graduates. It also included $750 million in federal budget deficit reduction. The maximum Pell grant award would be increased by $490 in 2008 and by $1,090 over five years. It also provided debt forgiveness to certain public-sector workers after 10 years of service, and capped student loan repayments at 15 percent of discretionary income. [CQ Floor Votes, 9/07/07] The bill passed 292-97. [HR 2669, Vote #864, 9/07/07] Opposed Extension of Tuition Deduction In 2008, Bilbray voted against a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. Specifically, the bill would allot $2.6 billion to extend the deduction for tuition and related expenses through 2008. [CQ Weekly, 5/26/08] The bill passed 263-160. [HR 6049, Vote #344, 5/21/08] Supported Measure to Increase Annual Loan Limits on College Loans In 2008, Bilbray voted in favor of a motion to concur on a Senate amendment that would increase annual loan limits on federal college loans and give the Education Department a bigger role in ensuring loan availability. [House Education and Labor Committee Release, 5/01/08] Despite originally opposing the legislation, President Bush came to support it, saying the federal government “had an obligation to encourage and support people pursuing higher education.” By granting the Department of Education greater authority to purchase Federal student loans, the measure would “ease the anxiety many students may feel about their ability to finance their education this fall,” Bush said. [White House Release, 5/01/08] The motion was agreed to 388-21. [HR 5715, Vote #239, 5/01/08] 162 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Earlier Version of Bill to Increase in Limits for College Loans In 2008, Bilbray voted in favor of a bill that would increase annual loan limits on federal college loans and give the Education Department a bigger role in ensuring loan availability. The bill would increase the annual loan limits on both direct loans from the federal government and government-guaranteed loans by $2,000 for all students. The bill would also increase the total amount of federal loans students could borrow to $31,000 for dependent undergraduates and $57,000 for independent undergraduates. [CQ Floor Votes, 4/17/08] The bill passed 383-27. [HR 5715, Vote #204, 4/17/08] Supported Bill to Reauthorize Higher Education Act In 2008, Bilbray voted for a bill that would reauthorize the Higher Education Act through fiscal year 2012. The bill would be the first comprehensive, long-term overhaul of the Higher Education Act in a decade. It would increase the maximum authorized Pell Grant for low-income students from $5,800 to $8,000 by the 2014-15 academic year. [CQ Today, 7/31/08] It would also create a $10,000 student loan forgiveness program for graduates to take jobs in high-need fields such as nursing, early childhood education, teaching and other public service. [CQ Today, 7/31/08] The bill passed 380-49. [HR 4137, Vote #544, 7/31/08] Supported Reauthorization of Higher Education Act In 2008, Bilbray voted in favor of a bill that would reauthorize the Higher Education Act through fiscal 2012, including a wide range of postsecondary programs, including student loans and teacher training. The measure would raise the maximum Pell grant award from $5,800 to $9,000 and allow the grants to be used year-round. A major provision included increasing the amount of information that schools and lenders must provide students and barring lenders from giving schools any perks to get on a “preferred lender” list. It would also create a “higher education price index” to compare tuition increases. The bill also would allow the federal government to penalize states that substantially decrease their contributions to public colleges and universities. Another provision in the bill “encourages” the Education Department to reduce the number of questions requiring answers on the federal student aid application by 50 percent within five years. Several other provisions also attempt to simplify the student aid application process. [CQ Floor Votes, 2/07/08; Congressional Quarterly Weekly, 2/09/08] The bill passed 354-58. [HR 4137, Vote #40, 2/07/08] 163 DCCC Bilbray Research Book Last Updated 2/29/12 Supported the Extension of the Higher Education Act of 2008 In 2008, Bilbray voted in favor of a bill to temporarily extend the Higher Education Act of 1965 through April 30, 2008. [CQ Floor Votes, 3/12/08] The Act would strengthen educational resources to colleges and universities and provide financial assistance for students in postsecondary and higher education. The motion was passed 411-4. [S 2733, Vote #134, 3/12/08] Opposed Study on Reducing Cost of Student Loans In 2008, Bilbray voted against an amendment that would require the Education-Treasury Study Group to examine the possibility of a market-based solution for the Federal Family Education Loan Program. The amendment also stipulated that any savings from a market-based solution should be used for increased aid to students. [CQ Floor Votes, 2/07/08] Proponents said that a study could provide alternatives that would save money. Opponents said that, as written, the study area was too broad. [Bangor Daily News, 2/09/08] The amendment passed 260-153. [HR 4137, Vote #36, 2/07/08] Opposed Extending Auditing Provisions to Additional Loan Programs In 2008, Bilbray voted against an amendment to the College Opportunity and Affordability Act that would extend new audit and reporting provisions applied only to the Direct Loan program to the Federal Family Education Loan Program. The sponsor, Thomas Petri (R-WI) contended that the Direct Loan Program has had no significant instances of unethical behavior, but has had imposed on it several new and burdensome reporting requirements. The amendment would extend those new reporting provisions on guaranty agencies in the FFEL program as well. [National Association of Student Financial Aid Administrators] The amendment passed 222-191. [HR 4137, Vote #37, 2/07/08] Opposed Assistance with Student Loans for Bankruptcy Filers In 2008, Bilbray voted against an amendment that would make it easier for borrowers to discharge private student loans through bankruptcy. [CQ Floor Votes, 2/07/08] Under changes made in a 2005 bankruptcy overhaul, borrowers can discharge the loans only if they can prove that continuing to pay them imposes an “undue hardship.” 164 DCCC Bilbray Research Book Last Updated 2/29/12 The Davis amendment would have allowed students, after five years of repayment, to discharge loans in the same way as other debt. [CQ Weekly, 2/09/08] The amendment failed 179-236. [HR 4137, Vote #38, 2/07/08] Supported Funding Increase for Pell Grants by Cutting Grants to Improve Higher Education In 2008, Bilbray voted in favor of a motion to recommit with instructions to effectively eliminate the Fund for the Improvement of Postsecondary Education, which makes grants to colleges and universities to improve the quality of higher education, unless Pell grants and special education programs were fully funded in that fiscal year. [CQ Floor Votes, 2/07/08] The motion would have redirected the money for the Fund to the Pell grant program. [CQ Weekly, 2/11/08] The bill failed 194-216. [HR 4137, Vote #39, 2/07/08] Voted Against Providing Wireless, Digital Technology to Minority Institutions In 2007, Bilbray voted against legislation to establish a Commerce Department grant program to assist minority-serving institutions in acquiring and augmenting digital and wireless networking technologies for educational purposes. The bill authorized $250 million in fiscal 2008 and such sums as necessary between fiscal 2009 through 2012. [CQ Floor Votes, 9/04/07] The bill passed 331-59. [HR 694, Vote #847, 9/04/07] Supported Grants for Aspiring Teachers In 2007, Bilbray voted in favor of legislation to reauthorize programs at the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST) for three years. Under the bill, the NSF was authorized at $22 billion and NIST was authorized at $2.65 billion from fiscal 2008 through 2010. The bill also authorized nearly $17 billion for programs within the Energy Department’s Office of Science, including $6 billion for basic energy research in fiscal 2010, and at least $300 million for a new Advanced Research Projects Agency to coordinate research into new energy technologies. Finally, the bill created a new grant program for undergraduate degree programs for aspiring teachers in math, science, engineering, or a “critical” foreign language. The bill authorized $151 million in fiscal 2008 for the program. [CQ Today, 8/06/07] The bill passed 367-57. [HR 2272, Vote #802, 8/02/07] 165 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Require Student Aid Forms to be in English In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to require student aid forms to be in English-only. The amendment would have barred the use of funds in the bill by the Education Department to provide or process the Free Application for Federal Student Aid form in any language other than English. [CQ Today, 7/19/07] The amendment was defeated 191-233. [HR 3043, Voted #676, 7/19/07] Opposed Cut to Student Aid In 2007, Bilbray voted against an amendment to the fiscal year 2007 appropriations bill for the Departments of Health, Human Services and Education to cut student financial assistance by $65 million. [CQ Floor Votes, 7/18/07] The amendment was defeated 79-349. [HR 3043, Vote #660, 7/18/07] Voted to Cut Funds from Special Counsel, Increase Funds for Tuition Subsidies for DC Residents In 2007, Bilbray voted in favor of an amendment to the 2008 Financial Services appropriations bill that would reduce funding by $1 million from the U.S. Office of the Special Counsel. The amendment offered by Rep. Tom Davis (R-VA) would take the $1 million from the U.S. Office of Special Counsel and would add it to a program that subsidizes tuition for District of Columbia residents to attend public out-of-state colleges and universities. [CQ Floor Votes, 6/28/07] The amendment was defeated 146 – 279. [HR 2829, Vote #587, 6/28/07] Opposed Bill to Make Law School More Affordable In 2007, Bilbray voted against legislation to authorize $150 million between fiscal 2008 and 2013 for a new Justice Department program to help new prosecutors and public defenders pay back student loans. [CQ Floor Votes, 5/15/07] Under the bill, law school graduates who agree to serve as either public defenders or public prosecutors for at least three years would be eligible to receive law school loan repayments of up to $10,000 each year, for a maximum of $60,000. [CQ Today, 5/15/07] The bill passed 341-73. [HR 916, Vote #347, 5/15/07] Opposed College Student Relief Act 166 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against cutting the interest rate on subsidized student loans for undergraduates in half over the following five years – cutting the interest rate from 6.8 percent today to 3.4 percent by 2011 – helping 5.5 million students. Once fully phased in, this bill would save the typical borrower, with $13,800 in subsidized federal student loan debt, approximately $4,400 over the life of their loans. [CQ House Action Reports, Legislative Week, 1/15/07] The bill passed 356-71. [HR 5, Vote #32, 1/17/07] Opposed Student Loan Interest Rates for Middle Class Families In 2007, Bilbray voted to gut the College Student Relief Act in order to exclude the benefits from middle class families. The measure provided lower college loan interest rates for college graduates whose annual adjusted gross income is less than $65,000 or who are serving on active or National Guard duty during a war, other military operation or national emergency. This motion would have prevented families with incomes over $65,000 from receiving student loan interest rates of 3.4 percent and would force them to pay the current 6.8 percent rate. [CQ Floor Votes, House Roll Call Vote 31, 1/17/07] The bill failed 186-241. [HR 5, Vote #31, 1/17/07] Supported Eliminating the Direct Student Loan Program In 1995, Bilbray voted in favor of a budget deal that eliminated the Direct Student Loan program. The Direct Student Loan program allows students to borrow directly from the federal government and have a single contact—the Direct Loan Servicing Center—for everything related to the repayment of loans. [http://www.ed.gov/offices/OSFAP/DirectLoan/faq.html] The measure passed 227-203. [HR 2491, Vote #743, 10/26/95] Opposed National and Community Service Programs In 2008, Bilbray voted against the Generations Invigorating Volunteerism and Education Act, a bill to reauthorize $51 million to fund the Corporation for National and Community Service for five years. [CQ Floor Votes, 3/12/08] The Corporation for National and Community Service served as an umbrella organization for a number of programs, such as AmeriCorps and the Volunteers in Service to America programs. [About the Corporation, nationalservice.gov] The motion was rejected 277-140 after failing to get the necessary 2/3 majority under suspension of the rules by one vote. [HR 5563, Vote #131, 3/12/08] 167 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Kill AmeriCorps Bill In March 2008, Bilbray voted against a motion to table (kill) an appeal of the ruling of the chair, who had ruled that a motion to recommit the AmeriCorps expansion bill to committee was not germane. The motion would recommit the bill to the Education and Labor Committee with instructions that it be reported back immediately with an amendment substituting the text of a Senate-passed bill (HR 3773) which would amend the Foreign Intelligence Surveillance Act. [CQ Floor Votes, 3/06/08; CQ Today, 3/06/08] The motion passed 221-191. [HR 2857, Vote #107, 3/06/08] Voted To Honor AmeriCorps Members, Encouraging Participation in AmeriCorps In 2008, Bilbray voted against a resolution that would recognize the accomplishments of AmeriCorps members and alumni and encourage citizens to participate in the AmeriCorps program. [CQ Floor Votes, 5/14/08] The motion passed 344-69. [H Res 1173, Vote #319, 5/14/08] Supported Creation of Energy Conservation Corps In March 2008, Bilbray voted for an amendment that would create an Energy Conservation Corps, which would seek to address the nation’s energy, infrastructure and transportation improvement, and emergency operations needs while providing work and service opportunities. The underlying bill would reauthorize the Corporation for National and Community Service for five years and authorize an expansion of AmeriCorps by one-third, to 100,000 workers. [CQ Today, 3/12/08] The motion passed 252-161. [HR 2857, Vote #106, 3/06/08] Voted to Eliminate “Summer of Service” Grant Program In March 2008, Bilbray voted in favor of an amendment that would strike the “summer of service” grant program from a bill that would reauthorize the Corporation for National and Community Service for five years and authorize an expansion of AmeriCorps by one-third, to 100,000 workers. The amendment also reduced the bill’s authorization for the program to $45 million from $65 million for fiscal 2008. [CQ Floor Votes, 3/06/08] The amendment failed 153-260. [HR 2857, Vote #105, 3/06/08] Voted to Block Reauthorization of AmeriCorps In March 2008, Bilbray voted against the rule for floor consideration of the bill that would reauthorize the Corporation for National and Community Service for five years and authorize an expansion of AmeriCorps by one-third, to 100,000 workers. [CQ Floor Votes, 3/06/08] 168 DCCC Bilbray Research Book Last Updated 2/29/12 The resolution passed 222-190. [HR 2857, Vote #104, 3/06/08] Mixed Record on Continued Funds for AmeriCorps Bilbray has a mixed record of support for AmeriCorps. 2007: Bilbray voted in favor of an amendment to cut $256 million from the amount provided for the AmeriCorps program. The amendment was defeated 96-334. [CQ Floor Votes, 7/18/07; HR 3043, Vote #661, 7/18/07] 1996: Bilbray voted in favor of the VA/HUD appropriations bill, which eliminated all funding for the AmeriCorps program. The bill passed 227-190. [HR 2099, Vote #844, 12/07/95; Associated Press, 12/08/95; CQ BillWatch, HR 2099] 1996: Bilbray voted against an amendment to restore funding for the AmeriCorps National Service program. The amendment was defeated, 205-212. [CQ Floor Votes, 6/27/96; HR 3666, Vote #281, 6/26/96] 1996: Bilbray voted in favor of an amendment to eliminate funding for the AmeriCorps National Service program, thereby terminating the program. The amendment was defeated, 183-240. [CQ Floor Votes, 6/26/96; HR3666, Vote #276, 6/26/96] 1996: Bilbray voted in favor of a budget resolution that called for the elimination of more than 130 programs, including the AmeriCorps national service program. The budget passed, 226-195. [CQ Floor Votes, 5/16/96; HCR 178, Vote #179, 3/16/96] 1995: Bilbray voted in favor of an amendment to cut $206.1 million from the National and Community Service (AmeriCorps) program. The funds cut from AmeriCorps were used to restore $206 million in funding for VA medical care. Republicans had attached an amendment eliminating the funding to a bill restoring $206 million that they had cut from veterans’ health programs. The amendment passed, 382-23. [CQ Floor Votes, 3/15/95; HR 1158, Vote #239, 3/15/95] 169 DCCC Bilbray Research Book Last Updated 2/29/12 Energy Issues Significant Findings Has Taken Over $189,000 from Oil and Gas Voted to Cut Education, Defend Oil and Gas Subsidies Criticized Solyndra, But Sought Federal Subsidies for Energy Voted to Cut Energy Department Budget During his career, Bilbray has received significant campaign contributions from the oil and gas industry. He voted against cutting subsidies for major oil and gas companies instead of cutting education spending to help balance the budget. Bilbray is a passionate critic of the Obama Administration for their federal loan guarantee of Solyndra, but has previously sought federal subsidies for other energy projects. Bilbray has taken over $189,000 from the Oil and Gas Industry According to the Center for Responsive Politics, Bilbray has accepted $189,000 from the oil and gas industry. [Center for Responsive Politics, accessed 2/17/12] 2008: Democratic Challenger Highlighted Contributions from Big Oil In August 2008, Democratic challenger Nick Leibham treated the first 50 drivers at three different gas stations to 10 gallons of gasoline at the price of $1.27 a gallon, the price in 1996 when Bilbray, according to the Leibham campaign, first received a campaign contribution from “Big Oil.” [San Diego Union-Tribune, 7/14/08] Voted Against Cutting Oil and Gas Subsidies Instead of Education to Balance the Budget In 2011, Bilbray voted against prioritizing subsidies for major oil and gas companies and corporate jets as spending cuts before cutting education spending to help balance the budget. The motion would have amended the underlying bill “to make sure it raised taxes on corporate jets and oil companies before cutting funding for education.” [Buffalo News, 7/30/11; CQ Floor Votes, 7/29/11] The motion failed 183-244. [S. 627, Vote #676, 7/29/11] 170 DCCC Bilbray Research Book Last Updated 2/29/12 Criticized Administration for Loan to Solyndra, Expected to Use as Campaign Issue In 2011, Bilbray criticized the executive director of the Department of Energy’s loan program over a loan the Solyndra. John Steward joked that Bilbray was campaigning on the issue. “You know how whenever there’s a scandal, Congress holds a hearing to investigate the matter, but they usually just prove themselves to be clueless grandstanders?” Stewart asked during an episode of “The Daily Show” last week. “Watch Congressman Brian Bilbray lay some serious solar smackdown on the executive director of the Department of Energy’s loan program.” After showing a clip of Bilbray, a former member of a top California environmental board, pressing DOE’s Jonathan Silver on the technological specifics of China’s work on solar panels, Stewart opined: “I have no idea what the f—- that congressman is talking about. But here’s the thing, he does. Bilbray 2012!” [Politico, 9/19/11] Investigating Solyndra and Afraid that Political Pressures Were Brought to Bear in Loan In 2011, Bilbray said he was concerned that influence was brought to bear on government aid to Solyndra. Bilbray was on the House committee investigating Solyndra and the loan program. He said “I really worry about what kind of influence and pressure was put on the department and what kind of preconceived prejudice about a certain type of technology was infused into the decision- making process, where proposed loan applicants did not have to prove the technology that they were proposing, the viability of it, because those of us who know solar know there’s different type of solar technologies, and some of it is very good, but some of it is really, really problematic.” [Fox Business News Interview, 9/30/11] Criticized Solyndra Loan Guarantee, Previously Sought Federal Subsidies for Energy In 2011, Rep. Waxman criticized Bilbray for being on the Energy and Commerce oversight committee demanding an investigation of Solyndra federal loan guarantee, while previously seeking federal subsidies for energy. [Politico.com, 9/23/11] Hypocritical on Solyndra – Helped Electric Car Become Eligible for Loan Program In 2009, Bilbray helped the electric car company Aptera Motors become eligible for a loan guarantee by sponsoring legislation aimed at helping them. In 2011 the company announced it was shutting its doors. Bilbray was an opponent of Solyndra. Bilbray was a member of the Energy and Commerce subcommittee that made the Department of Energy’s loan program front-page news with its investigation of the Solyndra solar energy company. The electric car company that shut its doors was in his district. He sponsored legislation that made Aptera’s three-wheeled electric vehicles eligible for ATVM loan guarantees. Prior to 2009, Aptera’s cars were defined as motorcycles and were ineligible. Bilbray’s legislation was cited in an Aptera release when it reapplied for a loan guarantee because of the law change. [Greenwire, 12/05/11] Bilbray’s Website featured Aptera Press Release Touting DOE Loan Program Eligibility In 2011, Bilbray’s website still featured a press release from 2009 from Aptera touting their ability to eligibility for a Department of Energy loan program. Greenwire reported “His website features 171 DCCC Bilbray Research Book Last Updated 2/29/12 an article from greencarreports.com on the legislation’s benefit to Aptera. It includes a press release from Aptera saying that it had reapplied for the loan guarantee because of the change in law.” [Greenwire, 12/05/11; Rep. Bilbray, press release, 11/02/09] Spokesman Claimed Bilbray was Consistent in Support for DOE Loan Program In 2011, Bilbray’s office issued a statement on Aptera’s bankruptcy claiming he was consistent in his support for the DOE loan program. “The federal government has historically played a role in incentivizing domestic energy production and innovative technology. This is consistent with Congressman Bilbray’s support for the DOE loan program,” Considine said. “But it is important to note that Aptera received no federal funding. What concerns Rep. Bilbray about the Solyndra scandal is the politicization of the green industry over a technology that was high-risk and left taxpayers with the bill.” [Greenwire, 12/05/11] Bilbray Received Campaign Contribution from Aptera Consultant in 2009 From To Gibson, Duane R Mt. Washington, DC 20006 Aptera / Consultant Rep. Bilbray, Brian P. $500, (R-Calif.) (Incumbent, 6/22/2009 50th District) BRIAN BILBRAY FOR CONGRESS Gibson, Duane R Mt. Chevy Chase, MD 20815 Rep. Bilbray, Brian P. $500, (R-Calif.) (Incumbent, 6/08/2010 50th District) BRIAN BILBRAY FOR CONGRESS The Livingston Group / Consultant Details [CQ Moneyline, accessed 12/06/11] Bilbray Was Credited with Helping Aptera Qualify for a Five-Year, $184 Million Government Loan Aptera Motors Inc. CEO Paul Wilbur, credited Rep. Brian Bilbray, R-Solana Beach, for helping Aptera qualify for a five-year, $184 million loan through the Advanced Technology Vehicles Manufacturing Loan Program through the Department of Energy. [North County Times, 4/15/10] Bilbray Attached Measure to Help Aptera Gain Access to a Federal Loan Program 172 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, the BNet Automotive website, reported that Bilbray attached a measure to help Aptera gain access to a federal loan program through a measure attached to an energy and water appropriation bill. “Aptera got its three-wheel provision through the useful expediency of a supportive hometown Congressman, Rep. Brian Bilbray (R-CA), who attached the measure to an energy and water appropriation. Aptera had applied for $75 million in low-interest loan funds last year, but was rejected December 31 because its three-wheelers did not meet the federal definition of a ‘passenger vehicle.’” [BNet, 11/02/09] Bilbray “Went to Bat” for Federal Aid for Energy Company In 2012, it was reported that Bilbray, who claimed he worried about political pressure on the Department of Energy in approving $535 million in loan guarantees to solar-panel manufacturer Solyndra, had himself requested U.S. aid for energy-efficient vehicle companies in San Diego. “You’ve just got to understand the federal government’s record on this is miserable when it comes to cost-effectiveness,” Bilbray said in a Sept. 30 interview on Fox Business Network. “And this is why we really should be suspect any time somebody tells you that these huge federal programs done fast, done quick, with large amounts of money are going to be cost-effective.” [Union Tribune, 2/04/12] Claimed Aptera and Next Were Different Than Solyndra In 2012, it was reported that Bilbray criticized energy aid, but advocated for it for companies in his district that had their own financial troubles. Bilbray sought to help two start-ups with letters and legislation, V-Vehicle Company (now Next Autoworks) and Aptera Motors. In December, Aptera announced that it was liquidating after failing to secure matching funds for a $150 million Department of Energy loan, and Next Autoworks said it would close its headquarters and slash its workforce after withdrawing its application for a $320 million loan. Bilbray said his advocacy for the companies was different than Solyndra, which he criticized the Obama administration for. [Union Tribune, 2/04/12] Received $1,000 from Aptera Lobbyist While Advocating for Loan for Company In 2012, it was reported that Bilbray criticized energy aid, but advocated for it for companies in his district that had their own financial troubles and profited off his work. He received $1,000 in contributions from an Aptera lobbyist, while advocating for a loan for the company. Kathay Feng, executive director for California Common Cause, a nonprofit organization dedicated to open government, said it was hypocritical to criticize the administration for picking winners and losers when the congressman also sought government loan guarantees, albeit with a different outcome. “We are in an election season where there are a lot of fierce words by one party’s politicians leveled at another party’s politicians and we see a lot of hypocritical statements made about unethical or bad behavior when everybody is engaged in playing the same game,” Feng said. [Union Tribune, 2/04/12] Voted for Cuts to the Department of Energy Budget 173 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray voted to cut funding for the Department of Energy in Fiscal Year 2012, including to high speed rail and renewable energy programs and to repeal regulations on light-bulbs. The bill, which provides funding for the Department of Energy in Fiscal Year 2012 cut $1 billion from similar Fiscal Year 2011 funding. This funding goes to the Department of Energy and the Army Corps of Engineers programs. The bill moved $1 billion from high speed rail funding to flood relief along the Mississippi and Missouri rivers. It also cut $491 million from the renewable energy programs from FY11 leaving it at $1.3 billion for FY12. The bill blocks the administration from closing the Yucca Mountain nuclear waste project and, because of an amendment, repeals the 2007 bipartisan regulation on light bulbs which would make them more energy efficient. [Associated Press, 7/15/11] The bill passed 219-196. [HR 2354, Vote #600, 7/15/11] Claimed Changes in Energy Had to Be Made on a Capitalist Scale, not Government Mandated In March 2007, Bilbray served as a panelist at the Council on Foreign Relations Half-Day Symposium on the U.S. Energy Policy and argued that changes in fuel efficiency, as well as alternative fuel sources, had to be made on a capitalist scale, not with government mandates. Bilbray said: I think we learned the major problems in California. Because we are outcome-based, we said this is not only not the best way, it is counter to our agenda. It is not to subsidize the ethanol or methanol industry. The great agendas that move in our society are capitalistic agendas, guided by government, but not directed by government and there’s a distinct difference there -- or mandated. And so I think that it’s critical that these partners go in there. But we’ve got to understand that the real momentum like public housing, like production of food, like production of everything else that’s energy is the private sector is going to be the one who actually is doing the heavy lifting and those of us in politics will be sitting around talking about how great we’ve done while somebody else is pulling the load. [Council on Foreign Relations Symposium, transcript, 3/13/07] Voted Against Repealing Increased Efficiency Standards for Light Bulbs In 2011, Bilbray voted against repealing of bipartisan regulations that increased energy efficiency standards for light bulbs. The bipartisan regulations passed in 2007 increased energy efficiency standards for light bulbs. The regulation requires bulbs to be 25-30 percent more efficient by 2014 and 60 percent more efficient by 2020. The bill would have also removed $30 million in funding for education and research that was to go along with the new energy standards. [New York Times, 7/13/11; CQ Floor Votes, 7/12/11] The bill failed (it was considered under suspension of the rules which requires a two-thirds majority to pass) 233-193. [HR 2417, Vote #563, 7/12/11] Called Ethanol Snake Oil, Proposed Off-Road Vehicle Park 174 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray said he position on energy was anti-ethanol. “The massive amounts of subsidy, of checks we write to an environmental snake oil called ethanol, is absolutely outrageous. The slogan in my office is ‘Yellow is not green, algae is.’” He proposed a federal green-technology reserve on federal land and an off-road vehicle park. “The federal government will pre-permit this land for the Endangered Species Act, the Clean Water Act and the Clean Air Act, so when you come in we will allow you to homestead this federal property to go into production. Let’s see who really wants to stand up for green technology.” [San Diego Union – Tribune, 4/21/11] Voted Against Increasing Home Heating Assistance by $50 Million In 2011, Bilbray voted against an amendment that would increase funding for Low Income Home Energy Assistance Programs (LIHEAP) by $50 million. The amendment would reduce funding for substance abuse and mental health services at the Substance Abuse and Mental Health Services Administration by $98 million. The amendment was rejected, 104-322. [HR 1, Bass amendment #565, Vote #71, 2/17/11] Voted to Cut Defense Department Research on Alternative Energies In 2011, Bilbray voted for an amendment that would reduce funding for Defense Department procurement, research and innovation programs by $115.5 million. The aim of reduced funding was for alternative energy research. The amendment failed, 109-320. [HR 1, Pompeo amendment #86, Vote #44, 2/15/11] Voted Against Research and Development Tax Credits, Incentives for Biodiesel Production In 2010, Bilbray voted against a package of tax breaks, including popular research and development tax credits, incentives for biodiesel production and education deductions. The bill was partially paid for by closing tax loopholes for companies that ship jobs overseas. The measure provided $1 billion for a summer jobs program as well as funding for states that would lose money due to changes in the transportation funding formula. The bill increased the Oil Spill Liability Trust Fund financing rate to 34 cents per barrel from 8 cents per barrel. The bill also included a summer jobs initiative and Build America Bonds aid for state and local governments. [CQ Weekly, 5/31/10] The bill passed, 215-204. [HR 4213, Vote #324, 5/28/10] Supported $6 Billion Rebate Program for Energy-Efficient Renovations In 2010, Bilbray voted for passing a $6.6 billion rebate program for energy-efficient home improvements. 175 DCCC Bilbray Research Book Last Updated 2/29/12 “The result of this will be that we will see a reduction in energy bills,” said Democrat Edward J. Markey. In addition, the White House backed the measure, saying it would “create ‘green’ jobs in construction and manufacturing, help consumers lower their energy bills, and reduce greenhouse gas emissions.” The bill also authorized $600 million over two years for a separate program providing grants to states for assisting low-income households in replacing manufactured homes built prior to 1976. [CQ Today, 5/06/10] According to the Home Star Coalition, most of the jobs created by the program would go to small businesses for work that could not be outsourced. By further scaling back America’s dependence on fossil fuels, the bill reduced vulnerability to an energy marketplace with extreme price swings and volatility. [McKinsey’s 2009 Report, Unlocking Energy Efficiency in the U.S. Economy] The bill passed, 246-161. [HR 5019, Vote #255, 5/06/10] Opposed Clean Energy and Security Act In 2009, Bilbray voted against the American Clean Energy and Security Act. The measure set comprehensive goals to reduce climate change, including greenhouse gas emissions limits, alternativeenergy requirements, better energy efficiency and regular analyses from federal agencies. It reduces carbon emissions from major U.S. sources by 17 percent by 2020 and over 80 percent by 2050. The bill required that 20 percent of energy produced come from combined renewables and savings by 2020. The bill included funding for job training and assistance. [CQ Today Online, 6/26/09; CQ Weekly 6/29/09] Included Cap and Trade System Required EPA to set annual greenhouse gas emissions limits or “caps” beginning in 2012, the limits were to be based on metric tons of carbon dioxide emissions. The bill allowed companies to buy and sell pollution allowances and get credit for funding special projects to reduce emissions on farms and in forests. [CQ Today Online, 6/26/09; CQ Weekly 6/29/09] The measure passed 219-212. [H.R. 2454, #477, 6/26/09] Voted Against Tax Incentives for Renewable Energy In 2008, Bilbray voted against a bill that would extend expiring tax provisions through 2009. Specifically, the bill would provide tax incentives for carbon capture and sequestration demonstration projects, and investment in renewable energy. These tax incentives would be offset by prohibiting individuals from understating foreign oil and gas extraction income in the calculation of foreign tax credits, freezing the deduction amount for oil and gas companies and prohibiting individuals who work for certain offshore corporations to defer tax on compensations. [CQ Floor Votes, 9/26/08] The bill passed 257-166. [HR 7060, Vote #649, 9/25/08] Voted Against Offshore Drilling, Renewable Energy 176 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a bill to give states the option to allow oil and gas offshore drilling between 50 and 100 miles off the Pacific and Atlantic coasts, except for waters in the Gulf of Mexico off the Florida coast. The federal government could permit drilling from 100 to 200 miles offshore. It stipulates that the federal government would collect all royalties from new oil and gas leases permitted under the bill. It would require utilities to obtain 15 percent of their power from renewable sources by 2020. It also includes roughly $19 billion in new tax incentives for renewable energy, new coal technologies and alternative-fuel vehicles. Despite the objections of Republicans who said it would do little to boost offshore oil and gas production. President Bush threatened a veto. A Republican attempt to stall the measure was defeated. Democrats touted the bill as a compromise that would expand domestic production and invest in alternative energy sources. It would allow drilling beyond 100 miles off U.S. shores and give states the option of allowing production beyond 50 miles from the shores. It proposes major incentives for renewable energy, building efficiency and advanced technologies for coal-fired power plants. [CQ Weekly, 9/16/08] The bill passed by a vote of 236 to 189. [HR 6899, Vote #599, 9/16/08] Voted for Cracking Down on Oil Speculation In 2008, Bilbray voted for a bill that would curb speculation in energy futures in the commodity markets. The bill was aimed at preventing excessive speculation in oil and other futures trading. Specifically, the bill would direct foreign exchanges that trade U.S. commodities to impose limits on the number of futures contracts an investor can own. [Washington Post, 7/30/08; CQ Floor Votes, 7/30/08] Democrats said that the bill would have given regulators more power to assure fair trading of oil at domestic and foreign exchanges. [Washington Post, 7/30/08] Republicans opposed the bill arguing that the House should have been voting on drilling for oil. “[It’s] just another excuse to avoid voting on more American production, and I’, not going to vote for this sham,” House Minority Leader John Boehner (R-OH) said. [CQ Today, 7/30/08] The bill failed 276-151. [HR 6604, Vote #540, 7/30/08] Voted for Bill to Crack Down on Oil Speculation In 2008, Bilbray voted for a bill that would direct foreign exchanges trading U.S. commodities to impose limits on the number of futures contracts an investor can own. Investors trading on such overseas exchanges would have to reduce positions, if they exceed the limits or their activity threatens to distort prices. The Commodity Futures Trading Commission would be authorized to set position limits on over-the-counter trading. During floor debate, Democrats seized on the week’s turmoil on Wall Street to support their argument for stricter oversight of financial markets. Critics blamed speculation in energy futures for contributing to the run-up of oil prices this year. The bill would bolster transparency in energy futures trading and require tougher regulation by the Commodity Futures Trading Commission 177 DCCC Bilbray Research Book Last Updated 2/29/12 (CFTC), in an attempt to pre-empt excessive speculation and ensure that futures prices reflect supply and demand. The measure also would authorize increased staffing at the agency. [CQ Weekly, 9/22/08] Several minor changes were made to ensure that the scope of the bill fell entirely within the Agriculture Committee’s jurisdiction. That blocked Republicans from offering a procedural motion for a vote on their energy bill which would fall within other committees’ jurisdiction. The changes included removing mandates to create an independent inspector general at the CFTC and to require a Government Accountability Office investigation. The House rejected a Republican motion to delay implementation of the limits on contracts until after certifying that no pension plan would be adversely affected. Democrats said the provision would effectively kill the bill. [CQ Today, 9/22/08] The bill was passed by a vote of 283 to 133. [HR 6604, Vote #608, 9/18/08] Voted to Release 70 Million Barrels of Crude Oil In July 2008, Bilbray voted for a motion to suspend the rules and pass a bill that would require the Energy Department to release 70 million barrels of lighter grade crude oil from the Strategic Petroleum Reserve in exchange for the same amount of heavier grade crude oil. The measure would replace the high-grade petroleum with heavy, sour oil that is tougher to refine. [CQ Today, 7/24/08] The motion failed 268-157, falling short of the 2/3 majority required under suspension of the rules. [HR 6578, Vote #527, 7/24/08] Opposed Requiring Holders of Oil Leases to Drill or Release Land In 2008, Bilbray voted against a bill that would strip oil companies of their leases to federal land not being used for drilling. Democrats referred to the bill as the “use it or lose it” measure, saying that oil companies already lease 68 million acres of government land and waters that they are not exploiting, and before opening new areas, the companies should be forced to use the leases they hold. [CQ Today, 6/26/08] Many Republicans opposed the bill, saying that it was easier to blame others for the rise in oil prices. “…blame it on oil companies, blame it on OPEC,” Republican Minority Leader John Boehner said. “There’s only one group, only one group in this chamber we ought to blame, and that is all the liberals in this House who have voted for ‘no energy’ each and every time over the last 18 years that I’ve been here.” [CQ Today, 6/26/08] The bill failed 223-195. [HR 6251, Vote #469, 6/26/08] Opposed Fees for Oil Company Drilling in Gulf of Mexico 178 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a bill that would help states recoup property taxes lost due to having large tracts of federal land. The bill would reauthorize the Secure Rural Schools program, which helps offset the loss of tax revenue from federal lands. The bill would also allow counties to opt to receive 25 percent of the revenues from economic activities on National Forest lands and 50 percent on Bureau of Land Management lands in lieu of traditional direct payments. The bill would offset the cost of this program by imposing a fee on oil and gas producers in the Gulf of Mexico that erroneously received permanent royalty-free leases in 1998 and 1999. [CQ Today, 6/05/08] The bill failed 218-193. [HR 3058, Vote #387, 6/05/08] Opposed Budget that Invested in Renewable Energy In 2008, Bilbray voted against a conference report that would establish the congressional budget for fiscal year 2009. The report would call for $3.1 trillion in spending in fiscal year 2009 and federal revenue totaling $2.7 trillion. The spending allowed for up to $1 trillion in discretionary spending for the fiscal year, plus $70 billion for the wars in Iraq and Afghanistan. [Congressional Quarterly] The bill would project a $22 billion budget surplus by fiscal year 2012. Democrats argued that it would also allow the budget to remain in balance in 2013 using estimates from the Congressional Budget Office. [CQ Today, 6/05/08; “Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] Republicans argued that the conference report for the budget was the largest tax increase in history, saying that the budget would increase taxes by at least $638 billion over the next five years. [“The Largest Tax Increase in History, However They Slice It,” Republican Caucus, The Committee on the Budget, 6/04/08] Specifically, the bill would provide $7.7 billion in funding for renewable energy, energy efficiency and other energy programs. This figure was $2.8 billion, or 55.4 percent, more than the 2008 level. It would also reject the President’s budget cuts to energy efficiency and renewable energy programs. [“Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] The conference report passed 214-210. [S Con Res 70, Vote #382, 6/05/08] Voted to Protect Tax Breaks for Oil Companies In 2008, Bilbray voted against considering the rule to allow the House to vote on the Renewable Energy and Energy Conservation Tax Act and allow for the House to vote on the legislation. The bill comprehensively invested resources into wind, solar, and geothermal energy systems. Furthermore, it extended tax credits to producers of cleaner burning bio-diesel and cellulosic alcohol based fuels. [Release, Majority Whip Jim Clyburn, 2/27/08] The legislation also eliminated a manufacturing tax deduction for larger oil and gas companies. The motion passed, 224-186. [HR 5351, Vote #78, 2/27/08] 179 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Extension of Tax Credits for Renewable Energy In 2008, Bilbray voted against a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. Specifically, the bill would allot $1.7 billion to allow individuals to deduct state sales taxes instead of income taxes from their 2008 tax filing, and $2.6 billion to extend the deduction for tuition and related expenses through 2008. [CQ Weekly, 5/26/08] The bill also extended tax credits for solar energy, wind energy, biomass, geothermal energy and certain coal projects. The bill would also create a new category of tax credit bonds to help state and local governments with projects designed to reduce greenhouse gases. [CQ Weekly, 5/26/08] The bill passed 263-160. [HR 6049, Vote #344, 5/21/08] Supported a Measure to Prioritize Federal Grants Towards Energy Efficient Technologies In 2008, Bilbray voted for an amendment to the Small Business Act that would award grants to small businesses taking steps to improve their energy efficiency and cut their CO2 emissions. Supporters said the amendment would reward small businesses for innovative and cost-cutting energy strategies at a time of sharply rising energy prices. [U.S. House of Representatives, 4/23/08] The amendment was adopted 355-48. [HR 5819, Vote #213, 4/23/08] Voted to Suspend Strategic Petroleum Reserve Acquisitions In May 2008, Bilbray voted in favor of a bill that would require the Interior and Energy departments to halt acquisition of oil for the Strategic Petroleum Reserve (SPR) until the end of 2008. The departments could resume shipments if the president determined that the average price of oil in the United States for the most recent 90-day period was $75 a barrel or less. While even the bill’s supporters noted that its effect on prices at the gas pump would be minimal, “bipartisan support for freezing SPR purchases was a breakthrough of sorts in a longstanding partisan impasse on contentious oil issues.” [CQ Weekly, 5/19/08] The motion passed 385-25. [HR 6022, Vote #307, 5/13/08] Voted for Bill to Crack Down on Foreign Oil Price Manipulation In 2008, Bilbray voted for bill that would make it illegal for foreign countries to collectively manipulate energy prices or supplies and allow the federal government to sue foreign countries for any such actions that affect the United States. 180 DCCC Bilbray Research Book Last Updated 2/29/12 The measure would create a Justice Department task force to investigate price gouging and manipulation in oil markets and require a study of the effect of oil industry mergers on fuel prices. Notably, the legislation would allow the Justice Department to pursue legal action against the Organization of the Petroleum Exporting Countries for conspiring to restrict supplies or drive up prices. [CQ Floor Votes, 5/20/08; Los Angeles Times, 5/21/08] The bill passed 324-84. [HR 6074, Vote #332, 5/20/08] Voted Against Energy Bill That Would Reduce Dependence on Fossil Fuels In 2007, Bilbray voted against comprehensive energy legislation that would raise automobile fuelefficiency standards for the first time in 32 years and require increased use of renewable energy sources to generate electricity. Democrats characterized the legislation as “a new direction” in U.S. energy policy away from dependence on fossil fuels. The bill would boost corporate average fuel economy (CAFE) standards by 40 percent, to an industry average of 35 miles per gallon by 2020, the first such action since 1975, when Congress first enacted the federal auto fuel economy requirements. The bill would expand the use of ethanol sevenfold to 36 billion gallons a year by 2022 with 21 billion gallons coming from cellulosic feedstock such as wood chips and prairie grass. The bill would require electric utilities to produce at least 15 percent of their electricity from renewable energy sources by 2020 and direct the Energy Department to set new energy efficiency standards for appliances and building construction. It also would eliminate or reduce $13 billion in subsidies and tax breaks for the five major oil and gas companies to be used for tax incentives for development of renewable energy sources like ethanol from grasses and wood chips and biodiesel and for energy efficiency programs and conservation. [CQ Floor Votes, 12/06/07; Associated Press, 12/06/07] The motion was agreed to 235-181. [HR 6, Vote #1140, 12/06/07] Voted to Protect Oil Companies, Against Energy Efficiency In 2007, Bilbray voted against a bill to authorize $16.1 billion in energy-related tax provisions, including new tax credit bonds to encourage energy efficiency in residential property and more production of “clean” energy. The bill authorized $3.6 billion in bonds for state and local governments to fund energy conservation efforts. The costs of the bill were offset primarily by reducing current tax benefits for oil and gas companies. 181 DCCC Bilbray Research Book Last Updated 2/29/12 The bill also raised taxes on the oil and gas industry and used the proceeds to extend and expand tax breaks for renewable energy, hybrid cars and energy-efficient buildings and appliances. In addition, the bill created a $6 billion “green bond fund” that would help local and state governments build energy-efficient projects. [CQ Floor Votes, 8/04/07] The bill passed 221-189. [HR 2776, Vote #835, 8/04/07] Opposed Plan to Increase Energy Independence, Promote Renewables In 2007, Bilbray voted against legislation to move the United States toward greater energy independence and security, develop innovative new technologies, reduce carbon emissions, create green jobs, protect consumers, increase clean renewable energy production, and modernize our energy infrastructure. [www.speaker.gov] The bill set new efficiency standards for appliances, lighting and buildings, and create new programs to research infrastructure and delivery of alternative fuels. The bill also required oil and natural gas producers who did not pay royalties on leased federal land under existing law to either agree to renegotiate their leases or pay a new fee. In addition, the bill expanded an existing federal program to promote the capture and storage of carbon dioxide and set a goal of eliminating greenhouse gas emissions by federal agencies by 2050. The bill also required utilities, starting in 2010, to produce at least 2.75 percent of electricity from renewable sources, with percentages rising each year to 15 percent by 2020. [CQ Floor Votes, 8/04/07] The bill passed 241-172. [HR 3221, Vote #832, 8/04/07] Voted to Increase Use of Renewable Energy In 2007, Bilbray voted in favor of an amendment to increase the use of renewable energies. The amendment required retail electricity suppliers, starting in 2010, to produce at least 2.75 percent of electricity from renewable energy sources, with percentages rising each year to 15 percent by 2020. [CQ Floor Votes, 8/04/07] The amendment passed 220-190. [HR 3221, Vote #827, 8/04/07] Voted to Cut Subsidies to Oil Companies In 2007, Bilbray voted for an amendment that would cut subsidies to energy companies for fossil fuels research and development by $142 million. According to the amendment’s sponsor, Representative John Kline (R-MN), the amendment was an attempt to make oil companies pay for fossil fuel research and development as opposed to taxpayers, 182 DCCC Bilbray Research Book Last Updated 2/29/12 particularly in light of the record profits being made by oil, gas and coal companies.” [Congressional Record, 6/19/07, Page: 6706] The amendment was defeated 123-303. [HR 2641, Vote #511, 6/19/07] Voted to Cut Funding for Renewable Energy Programs In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Energy and Water appropriations bill that would reduce funding for energy efficiency and renewable energy programs by $102 million. [CQ Floor Votes, 6/19/07] The amendment was defeated 107-320. [HR 2641, Vote #509, 6/19/07] Opposed Repealing Tax Breaks for Big Oil In 2007, Bilbray voted against shifting certain revenue from royalties and tax incentives from oil and gas companies into a reserve fund for alternative and renewable energies. The bill would require current offshore fuel producers who are not paying federal royalties to agree to pay royalties when fuel prices reach certain thresholds or pay fees based on how much fuel they produce. [New York Times, 1/19/07; Speaker Pelosi Press Release, 1/18/07; CQ Floor Votes, 1/18/07] The bill passed 264-163. [HR 6, Vote #40, 1/18/07] An Inconsistent Record on Cracking Down on Gas Price Gouging Bilbray has a varied record on votes to tackle gas price gouging. Supported Bill to Crack Down on Gas Price Gouging In 2008, Bilbray voted for a bill that would authorize the Federal Trade Commission (FTC) to investigate and punish motor fuel price gougers. The bill would provide the FTC with a clear, enforceable definition of price gouging and would allow them to impose penalties of up to $150 million for corporations and up to $2 million and 10 years in jail for individuals. [Rep. Stupak Press Release, 6/25/08] Democrats argued that cracking down on price gouging was necessary with the rising cost of gas. “Enacting a federal price gouging law, curbing excessive speculation and compelling the oil companies to use their existing drilling permits are all steps Congress can take today to provide real relief for consumers,” bill sponsor Rep. Bart Stupak said. [Rep. Stupak Press Release, 6/25/08] Republicans argued that the price-gouging bill was designed to stop debate on proposals to expand drilling. “This bill has no purpose except to provide political cover to Democrats who continue to defy the will of the American people by blocking legislation to increase the supply of American energy,” Republican Minority Leader John Boehner said. [CQ Today, 6/24/08] 183 DCCC Bilbray Research Book Last Updated 2/29/12 The bill failed 276-146. [HR 6346, Vote #448, 6/24/08] Opposed Bill to Crack Down on Gas Price Gouging In 2007, Bilbray voted against legislation to crack down on gas price gouging. The bill prohibited price gouging for fuels in areas experiencing an “energy emergency,” set civil and criminal penalties for price gouging and permitted states to bring lawsuits against retailers for price gouging. [CQ Floor Votes, 5/23/07] The bill passed 284-141. [HR 1252, Vote #404, 5/23/07] Refused to Stand up to Foreign Gas Price Fixing In 2007, Bilbray voted against a bipartisan bill to empower the Department of Justice to bring antitrust lawsuits against the OPEC alliance in U.S. courts. [The Hill, 5/24/07] The bill subjected the Organization of the Petroleum Exporting Countries (OPEC) and other oil cartels to federal antitrust laws by eliminating the sovereign immunity they receive under current law. [Rep. Steve Chabot press release, 5/17/07] The measure was intended to crack down on OPEC members that set production quotas to manage global oil prices. [CQ Floor Votes, 5/22/07] According to even the conservative Heritage Foundation, “OPEC would send a strong and longoverdue signal to OPEC oil barons that they must stop limiting production and investment access.” [Heritage Foundation, “Time for Congress to Lift OPEC’s Immunity,” 5/21/07] The bill passed 345-72. [HR 2264, Vote #398, 5/22/07] Voted Against Increased Penalties for Gas Price Gouging On June 29, 2006, Bilbray voted in favor of killing an attempt to bring up a bill offered by Rep. Stupak (D-MI) that would give the FTC and the Justice Department authority to investigate and prosecute oil companies engaged in price gouging involving gasoline, home heating oil, or natural gas and applies to the entire fuel supply chain. Under the bill, the Justice Department could impose criminal penalties of up to $100 million on corporations, and fines of up to $1 million and jail sentences of up to 10 years for individuals. This would apply during a national emergency and would crack down on companies charging unconscionable and excessive prices. The Republican rule for debating the offshore drilling bill did not allow Democrats to offer the Stupak bill, and Republicans voted to kill the Democratic attempt to bring the bill to the floor. [Leadership Document, “Democrats Fight to Stop Price Gouging to Help Consumers at the Pump,” 6/29/06] The motion to kill the Democratic attempt passed 224-193. [HRes 897, Vote #352, 6/29/06] 184 DCCC Bilbray Research Book Last Updated 2/29/12 Environmental Issues Significant Findings Supported Concept of Carbon Fees Large Anti-Environmental Shift in Voting Record Since 2000 Defended Animal Research In 2000, Bilbray received a 73 percent rating from the League of Conservation Voters for his votes to protect the environment. Now in Congress for the second time, his environmental record is radically different. In 2001, he received a score of 17 percent from the League of Conservation Voters. Bilbray still tries to position himself as environmentally-friendly, telling local climate activists that he would consider the idea of carbon fees to encourage green energy. Supported Concept of Carbon Fees In February 2011, Bilbray said he supported the idea of carbon fees to encourage green energy development through his spokesperson Travis Considine. A Citizens Climate Lobby in San Diego County had announced support for a revenue-neutral carbon tax. “The congressman thinks they’re heading in the right direction, and if a bill was introduced that will do what they are proposing, we’ll go from there,” Considine said. [North County Times, 2/01/11] Mixed Marks from Environmental Organizations Bilbray has consistently earned low marks from environmental organizations for his commitment to protecting natural resources, conservation and other key environmental issues. The following table illustrates Bilbray’s scores from key environmental groups: Year 2011 2009-2010 2007-2008 2005-2006 1999-2000 Organization League of Conservation Voters League of Conservation Voters League of Conservation Voters League of Conservation Voters League of Conservation Voters [League of Conservation Voters Scorecard, accessed 2/17/12] Defended Animal Research 185 DCCC Bilbray Research Book Last Updated 2/29/12 Score 17% 25% 30% 0% 73% In April 1991, Bilbray defended animal research from opponents. “Animal research is going to save many babies, many parents and many people from the agony of SIDS and many other diseases,” Bilbray said. Bilbray’s 3-month-old son died of SIDS in August, 1984. [San Diego Union-Tribune, 4/23/91] Voted Against Ensuring Greenhouse Gas Deregulation Wouldn’t Threaten National Security In 2011, Bilbray voted against allowing the EPA and the Secretary of Defense to certify if a lack of greenhouse gas regulation would threaten national security before repealing those regulations. The amendment prevented the provisions of this legislation from going into effect until the EPA Administrator, in consultation with the Secretary of Defense, certified that the consequences of not regulating greenhouse gas emissions. The certification would include the consequences of the subsequent impact on climate change, including the potential to create sustained natural and humanitarian disasters and the ability to likely foster political instability where societal demands exceed the capacity of governments to cope. It would also require certification that the repeal of those regulations did not jeopardize American security interests at home or abroad. [Congressional Record, p. H2380, 4/06/11] The overarching bill changed the definition of air pollutant to exclude greenhouse gas as it pertained to climate change (though greenhouse gases could be regulated for reasons other than climate change). It also repealed previous EPA regulations on stationary sources of greenhouse gases and barred the EPA from issuing any new regulations on stationary sources of greenhouse gases. Automobile emission standards were exempt from this bill. [CQ House Action Report, 4/04/11] The amendment failed, 165-260. [H.R. 910 H. Amdt. 485, Vote #239, 4/06/11] Voted to Bar the EPA from Regulating Greenhouse Gas In 2011, Bilbray voted to prohibit the EPA from addressing climate change by regulating greenhouse gases, to change the definition of air pollutant in the Clean Air Act and to keep states from addressing climate change through the regulation of greenhouse gases. The bill changed the definition of air pollutant to exclude greenhouse gas as it pertained to climate change (though greenhouse gases could be regulated for reasons other than climate change). It also repealed previous EPA regulations on stationary sources of greenhouse gases and barred the EPA from issuing any new regulations on stationary sources of greenhouse gases. Automobile emission standards were exempt from this bill. [CQ House Action Report, 4/04/11] “This really is a shocking attack on states’ rights and on public health,” said Stanley Young, a spokesman for the California Air Resources Board, which is working on emissions standards for cars that would take effect in 2017. He estimated that the bill could roll back scheduled cuts in pollution and petroleum consumption by 25 percent nationwide. [San Francisco Chronicle, 3/14/11] The bill passed 255-172. [HR 910, Vote #249, 4/07/11] Bilbray even voted against a motion which would have specified that the authority of the EPA administrator under the Clean Air Act wouldn’t be abridged by the bill when it came to protecting the 186 DCCC Bilbray Research Book Last Updated 2/29/12 health of children and seniors from air pollution produced by large sources of carbon dioxide. The motion failed 191-236. [HR 910, Vote #248, 4/07/11] Voted to Undermine the Clean Water Act In 2011, Bilbray voted for a bill which undermined the Clean Water Act by removing the EPA’s ability to enforce it. The bill banned the EPA from issuing new or revising water-quality standards if a state standard had already been approved by the agency without the state’s consent. The EPA would also be banned from removing its approval of a state program or limiting federal funds to that program if it disagreed with the way the regulation was implemented, or if the EPA disagreed with the state’s water quality standard. This effectively removed the EPA’s authority to supervise and regulate the states. [New York Times Editorial, 7/15/11; CQ Floor Votes, 7/13/11] The bill passed 239-184. [HR 2018, Vote #573, 7/13/11] Blamed Ethanol for Higher Gas Prices In May 2011, Bilbray released the following statement blaming ethanol policies for higher gas prices: Yesterday a bipartisan group of lawmakers led by Rep. Brian Bilbray (CA-50) and Sen. James Inhofe (R-OK) introduced legislation that would allow states to opt out of complying with federal mandates for corn ethanol use and expand the definition of advanced biofuels. Requiring large volumes of ethanol blended into the gasoline pool and the rising cost of corn have contributed to an increase in gas prices amidst growing concerns over the negative impacts ethanol has on certain types of engines. Engines operating in boats, airplanes, lawnmowers, chainsaws, snowmobiles, and other machines were manufactured to utilize pure gasoline and have encountered dangerous technical problems when using E10 fuel (10 percent ethanol). The Fuel Feedstock Freedom Act (H.R. 2009) would allow states to opt out of the crushing federal mandate and allows our country’s most promising clean fuel technologies of today and tomorrow to participate in the Renewable Fuel standard. [State News Service, 5/27/11] Introduced Bill to Establish Low-Level Radioactive Waste Dump In 1995, Bilbray authored a bill that would transfer 1,000 federal acres of the Mojave Desert to California for a controversial Ward Valley low-level radioactive waste dump. The National Academy of Sciences included that the site was safe, but that more testing was needed to make sure the waste at the site could not be dissolved by water and travel into the Colorado River. [San Diego Union-Tribune, 9/20/95] Voted Against Regulating Pollutants in Drinking-Water Sources 187 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray voted against a motion which continued the EPA’s authority to regulate pollutants in drinking-water sources. The motion stated that the legislation would not affect the EPA’s authority when it comes to regulating pollutants, including arsenic or perchlorate, into public drinking-water sources. The motion failed 188-238. [HR 2018, Vote #572, 7/13/11] Said Jobs Were Leaving California Due to Regulatory Environment In 2011, Bilbray wrote that other states courted California companies to relocate and Chief Executive Magazine ranked California as the worst business climate in the nation. He wrote “A look at some of the most basic statistics of California’s state and local tax burdens reveal that we pay almost $5,000 a year per capita for state and local taxes and countless more in hidden job-crushing regulations – that’s the sixth highest tax burden in the nation.” He said Carl Karcher Enterprises was contemplating leaving the state and Aptera Motors Inc. already left. [Op-ed, Congressman Brian Bilbray, Ruben Barrales, Orange County Register, 6/09/11] Opposed Limiting Greenhouse-Gas Emissions to Address Climate Change In 2011, Bilbray backed legislation to prevent the Environmental Protection Agency from limiting greenhouse-gas emissions in order to address climate change. “This not about climate change,” Bilbray said “This is about proposed regulation from a bureaucracy in a field of law that was never meant to address this issue at all.” [Wall Street Journal, 4/07/11] Supported Water Quality Investment Act of 2009 In 2009, Bilbray voted for a bill reauthorizing $13.8 billion over five years in wastewater treatment grants and loans as part of a broader $19.4 billion package of water quality measurers. The bill included five water quality bills that separately passed the House during the previous Congress. The bill included a provision extending the Davis-Bacon wage standards to state and local projects receiving grants or loans through the Clean Water State Revolving Fund. The measure also included a “Buy American” provision that required most steel, iron and manufactured goods used in projects financed by the revolving fund to be produced in the United States. Included in the bill was $150 million a year to address sediment contamination in the Great Lakes watershed. [CQ Floor Votes, 3/12/09] The bill passed 317-101. [HR 1262, Vote #123, 3/12/09] Said No to Funds to Protect Great Lakes In 2009, Bilbray voted against the Interior Appropriations bill. The measure included $475 million for cleaning up waterways, fighting invasive species and helping wildlife in the Great Lakes. [CQ Bill Analysis; Detroit News, 6/27/09] The money included: $147 million to clean up highly toxic rivers and harbors that feed into the lakes. 188 DCCC Bilbray Research Book Last Updated 2/29/12 $60 million to prevent and remove invasive species. $98 million to refurbish areas near shores and to prevent “non-point” pollution, such as fertilizer and oil run-off. $105 million to restore and protect habitat and wildlife. $65 million to monitor progress of cleanup. The bill passed 254-173. [HR 2996, Vote #475, 6/26/09] Opposed Bill that Designated More than 2 Million New Acres of Protected Wilderness Areas In 2009, Bilbray voted against a motion to concur in the Senate amendment to a bill that designated more than 2 million new acres of protected wilderness areas nationwide, in addition to wild and scenic rivers, historic sites and expansions of national parks. The bill included a measure to authorize the Interior Department to approve a road through an Alaskan wetland to provide airport access to an isolated town, in exchange for land elsewhere. The measure also authorized water rights settlements in Western states and established new programs in the Interior Department on water reclamation and the effects of climate change on water availability. Some of the major new wilderness areas were created in Idaho, Utah, Colorado and Oregon. [CQ Today, 3/25/09] The bill passed 285-140. [HR 146, Vote #153, 3/25/09] Supported Funding for Oceanic and Atmospheric Administration In 2008, Bilbray supported funding of $454 million through 2014 for the Oceanic and Atmospheric Administration programs. This funding included $289 million over seven years for a national ocean exploration program and $164.5 million over seven years for a national undersea research program. [CQ Floor Votes, 2/14/08] The bill passed 352-49. [HR 1834, Vote #62, 2/14/08] Supported National Landscape Conservation System In 2008, Bilbray voted for legislation that codified the National Landscape Conservation System, comprising approximately 27 million acres of areas considered to have significant historical, cultural, ecological, scientific or scenic value. The measure also included within the system any area that Congress had already designated for preservation. Wilderness and historic preservation advocates said the bill would ensure the conservation system is permanent and make it easier for these lands to receive federal funding. They say it also allows the Bureau of Land Management to oversee the lands as comprehensive ecosystems and not just individual “units.” Republicans critics of the legislation believed the bill encouraged lawsuits and could lead to confusion about decisions on land use. [Congressional Quarterly Today, 4/08/08] The bill passed, 278-140. [HR 2016, Vote #174, 4/09/08] 189 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Stall National Landscape Conservation System In 2008, Bilbray voted in favor of a motion to recommit the bill to the Committee on Natural Resources with instructions that it be reported back promptly with language that nothing in the bill should affect the right to bear arms under the Second Amendment within the National Landscape Conservation System (NCLS). The motion from Rep. Cannon (R-Utah), would have instructed the committee to rework the bill’s language to ensure that the act did not impede gun owners’ Second Amendment rights within NLCS lands. Denise Ryan, legislative representative for public lands at the National Wildlife Federation, called Cannon’s motion an effort to kill the bill and not a question about Second Amendment rights. [Public Lands Foundation Release, 4/09/08] The amendment was rejected by a vote of 208-212. [HR 2016, Vote #173, 4/09/08] Supported Sham Amendment to Protect Grazing Rights In 2008, Bilbray voted in support of a Republican amendment to a bill that would authorize the National Landscape Conservation System at the Bureau of Land Management. The amendment, introduced by Rep. Pearce (R-NM) was described as a simple clarification of language to protect the ranching economies of the western States. The measure was endorsed by the National Cattlemen’s Beef Association, by the New Mexico Cattle Growers Association, New Mexico Wool Growers and the New Mexico Federal Lands Council. Opponents of the amendment feared it could operate to force grazing into sensitive conservation areas where it was prohibited, and that Pearce’s intent was to use a simple authorization bill to undermine provisions of existing grazing laws that had been on the books for years. [Statements by Reps. Pearce and Grijalva, H2111, 4/09/08] The amendment passed, 214-207. [HR 2016, Vote #172, 4/09/08] Voted Against Reauthorizing Public Lands Programs In 2008, Bilbray voted against a conference bill that designated new park, wilderness and scenic areas and would authorize programs and activities in the Forest Service, the departments of Interior and Energy, the Bureau of Reclamation, the U.S. Geological Survey and the Bureau of Land Management. It would add 106,000 acres in Washington State to the National Wilderness Preservation System, which would be known as the “Wild Sky Wilderness.” The legislation provided a stable immigration policy for the Commonwealth of the Northern Marianas (CNMI) and also provided them with a non-voting Delegate to Congress. [Congressional Quarterly, 4/29/08; Rep. Christenson Release, 4/30/08] 190 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed, 291-117. [S 2739, Vote #226, 4/29/08] Supported Funding for Grassland and Wetland Reserve Programs In 2008, Bilbray voted for a motion to instruct House conferees to insist on language to maintain the House-passed funding allotment for three conservation programs: the Grassland Reserve Program, the Environmental Quality Incentives Program and the Wetlands Reserve Program. The motion also would instruct conferees to agree to a Senate-passed provision that would eliminate federal payments for crops planted on land with no previous cropping history. The motion was offered by Rep. Kind (D-WI) with the purpose of instructing conferees to ensure that the full funding originally written into the House version of the bill be restored in conference. Kind asked that conferees “get back to what the House passed last year under conservation, give the farmers throughout the country the tools they need to be good stewards of the land, and do it in a nonmarket, nontradedistorting fashion.” [Statement by Rep. Kind, H2995, 5/06/08] Critics of the motion said that the conference process was arduous and that conferees did not wish to compound the difficulties by ‘tying their hands’ and stalling the Farm bill yet again. [Statement by Rep. Lucas, H2996, 5/06/08] The motion was rejected, 140-274. [HR 2419, Vote #258, 5/06/08] Voted to Allow Clean Air Laws to be Weakened In 2007, Bilbray voted against an amendment to the fiscal year 2008 Interior appropriations bill to prevent clean air laws from being rolled back to protect polluters. The amendment prohibited the use of funds in the bill for the EPA to develop or implement a proposed rule that would ease hazardous air pollution emissions standards for major source polluters as defined under the Clean Air Act. [CQ Floor Votes, 6/26/07] The amendment passed 252-178. [HR 2643, Vote #556, 6/26/07] Supported Increased Industrial Waste Dispersed in Lake Michigan In 2007, Bilbray voted in favor of a resolution expressing the sense of Congress that it disapproves of Indiana issuing a permit to allow British Petroleum (BP) to increase levels of industrial waste expelled into Lake Michigan. [CQ Floor Votes, 7/25/07] The resolution passed 387-26. [HCR 187, Vote #719, 7/25/07] Opposed Roads in Tongass National Forest In 2007, Bilbray voted for an amendment to the fiscal year 2008 Interior appropriations bill to prohibit the use of funds in the bill to plan, design, study or construct forest development roads in the Tongass National Forest in Alaska for harvesting timber by private entities or individuals. [CQ Floor Votes, 6/26/07] 191 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment passed 283-145. [HR 2643, Vote #563, 6/26/07] Supported Road Construction in Tongass in 1998 In 1998, Bilbray voted against an amendment to prohibit the use of funds in the bill for new road construction in the Tongass National Forest in Alaska. [CQ Floor Votes, 7/23/98] The amendment was defeated 186-237. [HR 4193, Vote #329, 7/23/98] Voted to Create Water Reuse Authority in California In 2007, Bilbray voted for a bill that would create a cooperative agreement between the Bureau of Reclamation and North Bay Water Reuse Authority in Sonoma County, Calif., and other regional partners for water reclamation and reuse projects. It would authorize funds for up to 25 percent of the total cost of the projects, or $25 million, whichever is less. A two-thirds majority of those present and voting, 276 in this case, was required for passage under suspension of the rules. [CQ Floor Votes, 12/05/07] The motion was agreed to 358-55. [HR 236, Vote #1130, 12/05/07] Voted to Allow the Importation of Polar Bears Killed in Canada In 2007, Bilbray voted against an amendment to the fiscal year 2008 Interior appropriations bill to prohibit allowing American hunters to import the heads and hides of polar bears killed in Canada. The amendment prohibited the U.S. Fish and Wildlife Service from granting any more permits for importing polar bear parts. Rep. Jay Inslee (D-WA), who offered the amendment, argued that polar bears are already endangered and the U.S. shouldn’t condone hunting them at the same time the Fish and Wildlife Services has proposed designating them as a threatened species. [The Oklahoman, 6/28/07] The amendment failed 188 – 242. [HR 2643, Vote #573, 6/27/07] Voted to Cut Funds for Mexican Wolf Recovery Program In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Interior appropriations bill to prohibit the use of funds to operate the Mexican Wolf Recovery Program. [CQ Floor Votes, 6/26/07] The amendment was defeated 172 - 258. [HR 2643, Vote #558, 6/26/07] Voted to Cut Funding for Mississippi River Army Corps Work 192 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted in favor of an amendment to cut funding for the Army Corps of Engineers Mississippi River and tributaries project by $18 million. [CQ Floor Votes, 6/19/07] The amendment was defeated 111-315. [HR 2641, Vote #504, 6/19/07] Voted to Cut Funding for Environmental Cleanup In 2007, Bilbray voted in favor of an amendment that would have cut funding for environmental clean-up programs. The amendment would have increased funding for the Park Service’s operations account by $100 million. In order to achieve that increase, however, the amendment cut funding for the EPA’s environmental programs and management by $62 million and for Superfund cleanup activities by $160 million. The amendment also reduced funds for the EPA to regulate greenhouse gas emissions by $1 million. [CQ Floor Votes, 6/26/07] The amendment was defeated 156-274. [HR 2643, Vote #551, 6/26/07] Opposed Funds to Help Fight Wildfires In 2009, Bilbray voted against the Interior Appropriations bill. The measure included $3.6 billion for efforts to prevent and fight wildfires by the U.S. Forest Service and Interior Department. Total amount included $1.9 billion for wildland fire suppression, a $526 million increase above the 2009 nonemergency level. The total amount also included $357 million in contingent fire suppression reserve funds. [CQ Bill Analysis] The bill passed 254-173. [HR 2996, Vote #475, 6/26/09] Opposed Protections for Environmentally Sensitive Land In 2000, Bilbray voted against a bill that would annually set aside $2.8 billion in royalties gained from oil and gas drilling on federal lands for the purchase of environmentally sensitive land and other conservation programs. [CQ Floor Votes, 5/11/00] The bill passed 315-102. [HR 701, Vote #179, 5/11/00] Supported Arsenic Clean-up in 2000 In 2000, Bilbray voted for an amendment to allow the Environmental Protection Agency to use funds to clean up contaminated lake and river sediments and to enforce arsenic drinking water standards and issue radon water standards. [CQ Floor Votes, 6/21/00] The amendment was defeated, 208-216. [HR 4635, Vote #304, 6/21/00] Supported Exempting Businesses from Superfund Liability 193 DCCC Bilbray Research Book Last Updated 2/29/12 In 2000, Bilbray voted in favor of a bill that would exempt small businesses from liability under the superfund hazardous waste cleanup program if the business dumped only a small amount of waste or just ordinary garbage. The bill also would have established an expedited settlement procedure. [CQ Floor Votes, 9/26/00] The bill, which required a 2/3 vote to pass, was defeated 253-161. [HR 5175, Vote #494, 9/26/00] Opposed Plan to Block Stronger Clean Air Laws In 2000, Bilbray voted in favor of an amendment that would prohibit the Environmental Protection Agency from using funds to designate ozone non-attainment areas under the more strict national ambient air quality standards issued by the EPA in 1997. [CQ Floor Votes, 6/21/00] The amendment passed 225-199. [HR 4635, Vote #305, 6/21/00] Supported Cutting Forest Service Budget In 1999, Bilbray voted in favor of an amendment to cut the U.S. Forest Service research budget by $16.9 million. [CQ Floor Votes, 7/14/99] The amendment was defeated 135 to 291. [HR 2466, Vote #292, 7/14/99] Supported EPA Funding Cuts In 1995, Bilbray voted in favor of a spending bill for the departments of Veterans Affairs and Housing and Urban Development and certain independent agencies. The bill provided $10.5 billion less than the fiscal 1995 level of $89.9 billion and $10.5 billion less than the administration request of $89.9 billion, including a 32 percent cut to the Environmental Protection Agency. [CQ Floor Votes, 7/31/95] The bill passed 228-193. [HR 2099, Vote #607, 7/31/95] Supported Republican Plan to Gut Federal Regulatory Rules In 1995, Bilbray voted in favor of a Republican omnibus bill that included four Republican bills aimed at undermining the federal regulatory process: HR830 (paperwork reduction), HR925 (private property rights), HR926 (regulatory overhaul) and HR1022 (risk assessment). [CQ Floor Votes, 3/03/95] The bill passed 277-141. [HR 9, Vote #199, 3/03/95] Opposed Increased Funding for Superfund In 1995, Bilbray voted against an amendment to increase funding for the hazardous substance superfund by $440 million to $1.4 billion and offset the costs by cutting $186.5 million from the $320 million 194 DCCC Bilbray Research Book Last Updated 2/29/12 provided by the bill for the Federal Emergency Management Agency’s disaster relief programs. [CQ Floor Votes, 7/31/95] The amendment was defeated 155-261. [HR 2099, Vote #603, 7/31/95] Opposed Regulations that Protect Food and Water In 1995, Bilbray voted against an amendment that would have maintained the Environmental Protection Agency’s ability to enforce environmental laws, including sections of the Clean Water Act and the Clean Air Act and the Delaney Clause of the Federal Food, Drug, and Cosmetic Act regarding pesticides on food. [CQ Floor Votes, 7/28/95] The amendment passed 212-206. [HR 2099, Vote #599, 7/28/95] A few days later, he voted in favor of a similar amendment that also would have maintained the Environmental Protection Agency’s ability to enforce environmental laws, including sections of the Clean Water Act, the Clean Air Act and the Delaney Clause of the Federal Food, Drug and Cosmetic Act regarding pesticides on food. [CQ Floor Votes, 7/31/95] The amendment was defeated, 210-210. [HR 2099, Vote #605, 7/31/95] Supported Republican Effort to Gut Clean Water Laws In 1995, Bilbray voted in favor of the Republican “Clean Water” Act, which would have relaxed pollution standards, making it much easier for municipal and corporate polluters to dump health-threatening toxins into the nation’s waterways. The bill contained the following major provisions: Eased or waived numerous federal water pollution control regulations and subject them to cost-benefit analysis; Allowed states to continue to rely on voluntary measures to deal with unmet water pollution problems; Restricted the ability of federal agencies to declare wetlands off-limits to development; Required the federal government to reimburse landowners if wetlands regulations cause a 20 percent decrease in land value. [Congressional Quarterly, 5/20/95, p. 1413] The bill passed, 240-185. [HR 961, Vote #337, 5/16/95] Opposed EPA Efforts to Protect Against Carcinogens In 1995, Bilbray voted against an amendment to maintain the Environmental Protection Agency’s ability to protect people from exposure to arsenic, benzene, dioxin, lead or any known carcinogen. [CQ Floor Votes, 7/31/95] 195 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 188-228. [HR 2099, Vote #602, 7/31/95] Explored Sewage Treatment Plant in 1983 As early as 1983, Bilbray was part of efforts exploring a sewage treatment plant for waste from Tijuana. Ocean beaches as far north as Coronado were dealing with waste from Mexican. At the time Bilbray served as mayor of the city of Imperial Beach. Estimates of the total cost of a sewage treatment plant were roughly $729 million. [San Diego Union-Tribune, 12/16/83] Demanded Wise Local Planning for New Growth In January 1987, Bilbray outlined the need for planned growth for the county, especially with the ongoing development of Otay Mesa. “Without good planning, development on the mesa will result in massive traffic jams, sewage-disposal problems and other infrastructure disasters such as those that have beset the North City during the past year,” said Bilbray. [San Diego Union-Tribune, 1/28/87] Proposed Repealing Recycling Law In December 1993, Bilbray proposed to repeal San Diego County’s mandatory recycling ordinance. He said there was no need for a “punitive approach of always mandating and forcing things on the cities.” [San Diego Union-Tribune, 12/08/93] Defended Public Trash System from Private Waste Companies In October 1993, Bilbray discussed the importance of the county maintaining its public regional trash system, despite financial difficulties. “If the system breaks down, if it is destroyed, there is money to be made on this issue,” said Bilbray. He compared private waste companies to “vultures ready to pounce.” [San Diego Union-Tribune, 11/12/93] 196 DCCC Bilbray Research Book Last Updated 2/29/12 Environment – Other Drilling Issues Significant Findings Opposed Offshore Drilling in California Backed Bill That Potentially Opened California Coast to Drilling Bilbray is opposed to offshore drilling in California, but has voted to allow it elsewhere. He missed a key vote earlier in 2011 in protecting the southern Californian coast, but has been having health problems. In 2006, Bilbray backed a bill that opponents argued would open the California coast to drilling by repealing a permanent moratorium and allowing California to continually update its opposition to drilling in order to extend the moratorium. Opposed Offshore Drilling In 2007, Bilbray voted against an amendment to the fiscal year 2008 appropriations bill for the Department of Interior to allow new offshore drilling. The amendment would have stricken a provision in the bill prohibiting the Interior Department from using funds for new offshore oil and natural gas leases off the coasts of California, Oregon and Washington, in the north Atlantic off the East Coast and in certain parts of the Gulf of Mexico. [CQ Floor Votes, 6/26/07] The amendment was defeated 167-264. [HR 2643, Vote #553, 6/26/07] Voted to Block Offshore Gas Drilling In 2007, Bilbray voted against an amendment to the fiscal year 2008 Interior appropriations bill that would expand offshore drilling. The amendment would have allowed the Interior Department to issue new leases for offshore natural gas development in areas at least 25 miles from the U.S. coast. [CQ Floor Votes, 6/26/07] The amendment was defeated 196-233. [HR 2643, Vote #552, 6/26/07] Failed to Vote on Key Vote to Allow Offshore Drilling on the East Coast and Off of Southern California In 2011, Bilbray failed to vote on a bill which expanded the available land for offshore drilling to include areas in the Pacific near southern California and off the east coast in the Atlantic Ocean. 197 DCCC Bilbray Research Book Last Updated 2/29/12 The legislation would have expanded the land available for offshore drill leasing to include parts off the shore of southern California and the eastern seaboard during the 2012-2017 five-year oil and gas leasing period. [The Hill, 5/11/11; The Hill, 3/29/11; Bloomberg News, 5/11/11] The bill passed 243-173. [HR 1231, Vote #320, 5/12/11] May Have Been Absent Due to Health In 2011, the website San Diego City Beat.com reported that Bilbray has missed roughly 9.4 percent, or 109 out of 1,157 floor votes over the past 6 quarters, as a result of his mother’s death, his own skin cancer and his daughter’s chemotherapy. According to SDCitybeat.com: Rep. Brian Bilbray is San Diego’s most absent member of Congress since January 2010. Bilbray’s spokesman said “It has been a difficult year for the Bilbray family… They’ve been dealing with a lot of personal family issues. Congressman Bilbray had a form of skin cancer surgically removed from his lip earlier in the year. His daughter, Briana Bilbray, has been diagnosed with stage three Melanoma and is currently undergoing chemotherapy. The Bilbray’s deal with challenges like many American families, when his family needs him the Congressman is there for them.” [Last Blog on Earth, San Diego City Beat.com, 7/15/11] Backed Measured that Opened California Coast to Oil Drilling In August 2006, Bilbray was criticized for backing a bill that opponents said would open California’s coastal waters to oil and gas exploration. California Governor Schwarzenegger opposed the bill, calling it “unacceptable.” The House bill repealed a permanent moratorium and would allow California to express its opposition at periodic intervals to continue the ban. [San Diego Union-Tribune, 8/01/06] Would Consider an LNG Facility Off Mexican or California Coast In May 2006, the San Diego Union-Tribune provided candidate analyses on Bilbray and said he was open to considering an LNG (liquefied natural gas) facility off the Mexican or California coast. “Natural gas is the cleanest fossil fuel we can burn. We’ve got to stop finding excuses not to get it to the consumer,” said Bilbray. [San Diego Union-Tribune, 5/27/06] Voted Against Determining the Benefit of Lowering Environmental Standards for Off-shore Drilling In 2011, Bilbray voted against a motion which required the EPA administrator to determine if a Republican bill would actually result in lower gas prices at the pump. The motion would have required the EPA administrator to study whether relaxing the off-shore oil and gas permitting process, as laid out in the Republicans’ underlying bill, would actually reduce the cost of gas per gallon at gas stations. Republicans on the House Energy and Commerce Committee suggested that this bill would lower gas prices. [House Energy and Commerce Press Release, 6/22/11; Congressional Record, 6/22/11] 198 DCCC Bilbray Research Book Last Updated 2/29/12 The motion failed 177-245. [HR 2021, Vote #477, 6/22/11] Voted Against Requiring Companies to Have a Disaster Plan for Oil Spills In 2011, Bilbray voted against an amendment that required oil and gas companies to have contingency plans for worst-case scenarios, including plans for oil containment and cleanup, when applying for 5-year oil and gas off-shore permits. The amendment would require companies seeking off-shore oil and gas leases under the 5-year oil and gas leasing programs listed in H.R. 1231, the Reversing President Obama’s Offshore Moratorium Act, to submit plans for a worst-case scenario oil spill including oil containment and cleanup. Due to a lack of planning for oil containment and cleanup the Deepwater Horizon oil spill leaked about 185 million gallons of oil into the Gulf of Mexico in 2010. [The Hill, 5/11/11; Congressional Record, 5/11/11; New York Times, 10/17/11] The amendment failed 195-223. [HR 1231, Vote #315, 5/11/11] Voted Against a Motion to Recommit to Sell American Gas and Oil Here in America In 2011, Bilbray voted against a motion to recommit which would have required that oil and gas developed from leases made in the underlying bill would have to be sold in the United States. The motion required that all the oil and natural gas generated from the new leases be sold in the United States. The motion would have also required that the number of non-producing leases be cutting in half by 2017. [CQ Floor Votes, 5/12/11] The motion failed 180-243. [HR 1231, Vote #319, 5/12/11] Voted to Speed Up Oil and Gas Lease Approvals in the Gulf of Mexico In 2011, Bilbray voted for a bill which required the Department of the Interior to rule on exploratory drilling permits for lessees in the Gulf of Mexico in 60 days or less or the permit would be considered approved. The legislation required the Department of the Interior to deem applications for oil and gas drilling permits approved 30 days, or as many as 60 days (after two possible 15 day extensions), after receiving the application. If the application is denied then the Department of the Interior must provide written reasons for the denial. Democrats opposed the bill because they felt that it would hinder the ability of the Department of the Interior to approve the leases in a responsible way. [The Hill, 05/05/11; The Hill, 5/11/11; USA Today, 5/12/11; CQ Bill Analysis, 5/20/11; Fox Business, 5/11/11] The bill passed 2263-163. [HR 1229, Vote #309, 5/11/11] 199 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray even voted against a motion which stopped the sale of new leases to companies which still owed fines and penalties for economic and environmental damages in the Gulf of Mexico. The motion failed 186-239. [HR 1229, Vote #308, 5/11/11] Voted Against Protecting Workers Reporting Safety Violations on Offshore Rigs In 2010, Bilbray voted to pass whistleblower protections that prohibit employers from discriminating against offshore energy development workers who report suspected safety violations to state or federal authorities. The bill also protected against workers testified before Congress or refused to perform their job because of safety violations or because of a “good faith belief” that doing so could result in injury. The vote came just months after the Deepwater Horizon oil rig explosion killed 11 workers and resulted in months of oil leaking into the Gulf of Mexico. House Education and Labor Chairman George Miller explained that the measure closed a loophole that provided protections to those who worked in onshore energy development, but not those who worked offshore. “In passing these bills today,” said House Speaker Nancy Pelosi, “we will uphold our commitment to America’s families and businesses to rebuild the Gulf Coast and make families whole and to ensure the size of this spill and the scope of it never happens again.” [CQ Today, 7/30/10] The bill passed, 315-93. [HR 5851, Vote #506, 7/30/10] Opposed Lifting Liability Cap on Offshore Spills, Revamping Oversight In 2010, Bilbray voted against a bill that would lift the $75 million cap on liability for offshore oil spills and revamp federal oversight of the industry by eliminating the Minerals Management Service. The responsibilities of the MMS would be split among three new agencies in the Interior Department. The measure was supported as a means to prevent another potential catastrophe like the Deepwater Horizon rig explosion, which killed 11 workers and spewed millions of gallons of oil into the Gulf of Mexico. According to the Congressional Budget Office, the measure would reduce the deficit by $1.7 billion through fiscal 2020. It imposed stiffer penalties for oil rig safety violations, required independent certifications of key drilling equipment and banned the practice of granting environmental waivers for drilling plans. [CQ Today, 7/30/10; CNN, 7/30/10] The measure passed, 209-193. [HR 3534, Vote #513, 7/30/10] Supported Drilling in Alaskan Wildlife Refuge Bilbray has been a consistent supporter of Republican and Big Oil’s plans to drill for oil in the Arctic National Wildlife Refuge (ANWR). 200 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted in favor of a Republican plan to increase oil drilling and overhaul energy policies. The measure included allowing offshore drilling, exploration in the Arctic National Wildlife Refuge and provisions related to energy efficiency, “smart grid” technologies, loan guarantees, alternative fuels and coal gasification. [CQ Floor Votes, 8/04/07] The measure was defeated 169-244. [HR 3221, Vote #831, 8/04/07] In addition, Bilbray had consistently voted for such efforts: 1995: Bilbray voted in favor of allowing oil drilling in the Arctic National Wildlife Refuge in Alaska and imposing royalties for hard-rock mining on federal lands. [CQ Floor Votes, 11/20/95; HR 2491, Vote #820, 11/20/95] 1995: Bilbray voted in favor of a budget bill that allowed oil drilling in the Arctic National Wildlife Refuge in Alaska. The bill passed 227-203. [CQ Floor Votes, 10/26/95; HR 2491, Vote #743, 10/26/95] Voted Against Blocking Commercial Leasing for Oil Shale Resources In 2007, Bilbray voted against an amendment to the fiscal year 2008 Interior appropriations bill to block the Bureau of Land Management from moving ahead with a commercial leasing program for oil shale resources. [Congressional Quarterly Today, 6/27/07] The amendment passed 219 – 215. [HR 2643, Vote #574, 6/27/07] Voted Against Blocking Commercial Leasing for Oil Shale Resources In 2007, Bilbray voted against revote of an amendment to the fiscal year 2008 Interior appropriations bill to block the Bureau of Land Management from moving ahead with a commercial leasing program for oil shale resources. [Congressional Quarterly Today, 6/27/07] The amendment passed 216 – 210. [HR 2643, Vote #577, 6/27/07] NOTE: This vote was a revote of Vote #574 demanded by Rep. Chris Cannon (R-UT) Voted to Allow States to Decide on Oil Shale Development In 2007, Bilbray voted in favor of an amendment by Rep. Chris Cannon (R-UT) to the fiscal year 2008 Interior appropriations bill to allow states that want to develop oil shale to be allowed to do it. [Deseret Morning News, 6/28/07] The amendment failed 204 – 223. [HR 2643, Vote #576, 6/27/07] Said No to Funds to Protect Great Lakes 201 DCCC Bilbray Research Book Last Updated 2/29/12 In 2009, Bilbray voted against the Interior Appropriations bill. The measure included $475 million for cleaning up waterways, fighting invasive species and helping wildlife in the Great Lakes. [CQ Bill Analysis; Detroit News, 6/27/09] The money included: $147 million to clean up highly toxic rivers and harbors that feed into the lakes. $60 million to prevent and remove invasive species. $98 million to refurbish areas near shores and to prevent “non-point” pollution, such as fertilizer and oil run-off. $105 million to restore and protect habitat and wildlife. $65 million to monitor progress of cleanup. The bill passed 254-173. [HR 2996, Vote #475, 6/26/09] 202 DCCC Bilbray Research Book Last Updated 2/29/12 FEMA and Disaster Relief Issues Significant Findings Inconsistent Votes on National Flood Insurance Program Bilbray has cast inconsistent votes on the National Flood Insurance, voting to protect it from elimination but also opposing reauthorization of the program. Voted to Protect the National Flood Insurance Program In 2011, Bilbray voted against an amendment to eliminate the National Flood Insurance Program. The amendment to eliminate the National Flood Insurance Program would not impact current coverage but would prevent the NFIP from issuing new policies or renewing old ones. The amendment would allow states to form interstate compacts to provide flood insurance. [CQ Floor Votes, 7/12/11; Associated Press, 7/12/11] The amendment failed 38-384. [HR 1309, Vote #560, 7/12/11] Voted to Reform the National Flood Insurance Program, But Against Grants for Victims In 2011, Bilbray voted for extending and making bipartisan reforms to the National Flood Insurance Program. The bill would extend the National Flood Insurance program for five years and make bipartisan reforms to help extend the life of the program, in which some 20,000 communities nationwide participated. Some of these reforms included increasing the allowed premium percentage increase, increasing the minimum deductible for properties, and allowing communities that are required to buy flood insurance to seek a suspension while they worked to improve their flood protection systems. [Associated Press, 7/12/11] The bill passed 406-22. [HR 1309, Vote #562, 7/12/11] However, Bilbray voted against a motion to authorize FEMA to provide flood victims in major emergency or disaster zones, as declared by the president in 2011, grants to help with their rebuilding costs. The motion would have also allowed those people to be exempted from flood insurance premium increases for three years. The motion failed 181-244. [HR 1309, Vote #561, 7/12/11] Voted Against Authorizing Insurance Program for Flood Victims In 2010, Bilbray voted against reauthorizing the National Flood Insurance Program through fiscal 2015. 203 DCCC Bilbray Research Book Last Updated 2/29/12 The program provides 95 percent of flood insurance policies in the country and was intended to alleviate the financial burden to taxpayers after a natural disaster. The bill increased the coverage limits for the program and allowed flood insurance premiums to increase by up to 20 percent year. The measure authorized $250 million over five years for outreach and education efforts by FEMA, who administers the flood insurance program, and created an Office of Flood Insurance Advocate within the agency. [CQ Today, 7/15/10] The bill passed, 329-90. [HR 5114, Vote #447, 7/15/10] Opposed Funds to Rebuild New Orleans Levees In 2008, Bilbray voted against an amendment that would provide domestic disaster assistance, particularly for the Gulf Coast. The amendment appropriated $21.2 billion for domestic programs, military construction and foreign aid programs. It would provide $4.6 billion for military construction and $5.8 billion for levee building in Louisiana. The amendment would provide a permanent expansion of education benefits for post-Sept. 11 veterans, offset with a 0.47 percent surtax on modified adjusted gross income above $500,000 per year for individuals and $1 million for couples. It also would temporarily extend unemployment insurance benefits and place a moratorium through March 2009 on seven Medicaid regulations proposed by the administration. It would appropriate $9.9 billion for the State Department, USAID and international food assistance. [Congressional Quarterly, Congressional Quarterly Weekly, 5/16/08] The amendment passed 256-166. [HR 2642, Vote #330, 5/15/08] Opposed Funding Dam Rehabilitation In 2007, Bilbray voted against a bill that would authorize $201 million over five years for a Federal Emergency Management Agency grant program to provide assistance to states for the rehabilitation of publicly-owned deficient dams. [CQ Floor Votes, 10/29/07] The bill passed 263-102. [HR 3224, Vote #1010, 10/29/07] Opposed “Multiperil” Insurance Coverage for those Affected by Both Flood and Wind Damage In 2007, Bilbray voted against reauthorizing the National Flood Insurance Program through fiscal year 2013. The bill increased the current limits on coverage that could be purchased by both homeowners and businesses. A key addition to the legislation was to allow the program to provide optional “multiperil” coverage to cover both wind and floor risk in one policy. It also authorized $400 million in each fiscal year through 2013 for FEMA to modernize all floor maps and to map the 500-year floodplain. [Congressional Quarterly] 204 DCCC Bilbray Research Book Last Updated 2/29/12 The expansion was proposed by Mississippi Democrat Gene Taylor, whose Gulf Coast home was destroyed in Hurricane Katrina and who later sued his insurance company for denying his wind-damage claim. The expansion of coverage required that wind coverage could only be obtained by homeowners with flood coverage. Critics of the new provision argued that the program had $17.5 billion in debt from the 2005 Gulf Coast storms like Katrina and that wind coverage would crowd private insurers out of the market. [Congressional Quarterly Weekly, 9/29/07] The bill passed 263-146. [HR 3121, Vote #921, 9/27/07] Supported Funds for Minneapolis Bridge Repair and Construction In 2007, Bilbray voted in favor of legislation to provide assistance in the wake of the collapse of a bridge on I-35 in Minneapolis. The bill authorized the Transportation Department to carry out a project to repair and reconstruct the I35W bridge in Minneapolis. It authorized $250 million from the general fund of the Treasury for the project, and set the federal share for the project at 100 percent. The bill permitted the Transportation Department to reimburse the Minnesota Transportation Department for the costs of additional public transportation needs arising from the collapse. [CQ Floor Votes, 8/03/07] The bill passed 421-0. [HR 3311, Vote #819, 8/03/07] … But Voted to Block Minneapolis Bridge Funds In the First Place In 2007, Bilbray voted to block consideration of legislation to provide assistance in the wake of the collapse of a bridge on I-35 in Minneapolis. The vote was on the adoption of the resolution to allow for House floor consideration of three bills. A vote against the resolution was a vote to block consideration of the three bills, one of which authorized the repair and reconstruction of the I-35W bridge in Minneapolis. [CQ Floor Votes, 8/03/07] The resolution passed 228-196. [H Res 600, Vote #818, 8/03/07] Opposed Bill to Strengthen Small Business Disaster Loan Programs In 2007, Bilbray voted against a bill to overhaul the Small Business Administration’s disaster loan program and create a disaster planning position within the agency. Under the bill, the SBA would be required to develop and implement a disaster response plan and maintain a 1,000 person “disaster reserve corps.” 205 DCCC Bilbray Research Book Last Updated 2/29/12 Individual disaster loan limits would be doubled to $3 million. The agency would be required to create a centralized application tracking system and revise repayment and disbursement timetables to treat borrowers more favorably. [CQ Floor Votes, 4/18/07] President Bush opposed the bill. [Statement of Administration Policy, 4/17/07] The bill passed 267-158. [HR 1361, Vote #225, 4/18/07] Supported Giving Federal Loans to Convicted Felons In 2007, Bilbray voted against a motion to prevent convicted felons from receiving small business loans. Under the motion, a bill to strengthen small business loan programs to the Small Business Committee with instructions that the bill be immediately reported back promptly with language that would prohibit Small Business Administration assistance to anyone who pleads no contest or is convicted of a felony. [CQ Floor Votes, 4/18/07] The motion was defeated 204-218. [HR 1361, Vote #224, 4/18/07] Opposed Emergency Funding for Hurricane Recovery In 2007, Bilbray voted against legislation that would provide $42.8 billion in fiscal 2007 emergency spending for military operations in Iraq and Afghanistan. In addition, the bill provided $6.8 billion for hurricane recovery and relief, $3.3 billion for military healthcare costs and $2.25 billion for homeland security anti-terrorism programs. It also would raise the minimum wage to $7.25 per hour over two years and provide $4.8 billion in small-business tax incentives. The bill also required another congressional vote in late July to release the remaining $52.8 billion for the Pentagon, and would withhold funds until the president reports by July 13 on progress the Iraqi government has made toward meeting specified benchmarks and goals set by the bill and Congress has adopted a joint resolution releasing the “fenced off” funds. [CQ Floor Votes, 5/10/07] The bill passed 221-205. [HR 2206, Vote #333, 5/10/07] Voted for Emergency Funding for Hurricane Relief In 2007, Bilbray voted for an emergency appropriations bill that included $2.9 billion for hurricane relief. The $2.9 billion in funding for Gulf Coast Recovery included $1.3 billion to repair and complete flood and storm damage reduction projects in Louisiana and Mississippi, $30 million for colleges and universities and $30 million for schools in the Gulf Coast most severely impacted by the hurricanes to help them recover to normal operations. The measure also included $1 billion for the FEMA Disaster Relief Fund, including $860 million to pay for waiving the requirement that local communities struggling to recover pay 10 percent of federal 206 DCCC Bilbray Research Book Last Updated 2/29/12 rebuilding costs – a waiver that has been provided 32 times since 1985 for other major disasters, but which the Bush Administration resisted. The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $7.7 billion for military operations in Iraq and Afghanistan, $3.1 billion for military base closure expenses, $1.8 billion for veterans’ medical care, $650 million for the State Children’s Health Insurance Program, $1.1 billion for anti-terrorism homeland security activities, and $3 billion for agriculture disaster relief. The measure also included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] Supported Emergency Disaster Funds In 2007, Bilbray voted for legislation to appropriate $97.8 billion in fiscal 2007 emergency spending. The measure included $87 billion for military operations in Iraq and Afghanistan and $3.4 billion for the Federal Emergency Management Agency Disaster Relief Fund. In addition, the bill would establish 18 “benchmarks” for the Iraqi government and require the president to report on progress towards meeting the benchmarks. It would permit, but not require, the president to withhold reconstruction funds if the benchmarks were not met. [CQ Floor Votes, 5/24/07] The motion passed 280-142. [HR 2206, Vote #425, 5/24/07] 207 DCCC Bilbray Research Book Last Updated 2/29/12 Foreign Policy Issues – Libya Significant Findings Voted Against Removing US Forces from Libya Voted Against Authorizing US Efforts in Libya Bilbray voted both against removing US forces from Libya and against the authorization of US efforts in Libya. Voted Against the Removing US Forces from Libya In 2011, Bilbray voted against a resolution which would direct the President to remove all US Forces from Libya within 15 days of the passage of the resolution. According to The Hill, “[Rep. Dennis] Kucinich said he thought he won over Republicans by focusing more on the need for Congress to assert its Constitutional prerogative to declare war than on the wisdom of the mission itself.” [The Hill, 6/04/11] The resolution failed 148-265. [H Con Res 51, Vote #412, 6/03/11] Voted Against Authorizing US Efforts in Libya In 2011, Bilbray voted against authorizing the limited use of force in support of NATO. The one-year authorization of limited use of force in support of NATO’s mission in Libya would have also required the president to consult with and brief Congress on a regular basis. [The Hill, 6/23/11; Politico, 6/24/11; CBS News, 6/22/11] The bill failed 123-295. [H J Res 68, Vote #493, 6/23/11] Voted to Limit Spending Funds on the NATO Mission in Libya In 2011, Bilbray voted to limit spending funds on the NATO mission in Libya to help remove Col. Muammar Qaddafi. The bill limited the spending of defense funds appropriated only to “non-hostile American support of the NATO-led mission.” [Politico, 6/24/11] The resolution “would require a withdrawal from engagements there - excepting ‘forces engaged in nonhostile actions such as search and rescue, aerial re-fueling, operational planning, 208 DCCC Bilbray Research Book Last Updated 2/29/12 intelligence/surveillance/reconnaissance, and non-combat missions,’ according to Boehner.” [CBS News, 6/22/11] The bill failed 180-238. [HR 2278, Vote #494, 6/24/11] 209 DCCC Bilbray Research Book Last Updated 2/29/12 Foreign Policy Issues – Iran Significant Findings Supported Expanded Sanctions on Iran Voted Against Blocking Business with Iran-Linked Mining Company Bilbray voted to expand sanctions on Iran and other bills that would further isolate the Iranian regime. Bilbray voted against a motion that would block a federal public land swap from allowing business with an Iran-linked mining company. Supported Expanded Sanctions on Iran In 2007, Bilbray voted in favor of legislation to expand sanctions on Iran. The bill expanded the definition of those subject to sanctions for making investments that increase Iran’s ability to develop its petroleum resources. Under the bill, the new definition would add financial institutions, insurers, underwriters, guarantors and any other business organizations, including any foreign subsidiaries, to the list of entities already barred from investing in Iran. [CQ Floor Votes, 7/31/07] The bill passed 415-11. [HR 957, Vote #772, 7/31/07] Voted For New Sanctions For Banks Doing Business with Iran Central Bank In 2011, Bilbray voted for implementing new sanctions against financial institutions that do business with Iran’s central bank, contained in the fiscal year 2012 defense authorization bill. The bill passed 283-136. [HR 1540, Vote #932, 12/14/11] Voted Against Blocking Business with Iran-Linked Mining Company In 2011, Bilbray voted against blocking an American company from partnering with a British mining company with ties to Iran for the largest copper mine in North America. The motion would have kept Resolution Copper from partnering with entities that have shared interest with the Iran Foreign Investment Company. According to the Jewish Telegraphic Agency, “Democrats in the U.S. House of Representatives on Thursday mounted a vigorous offense against the bill, saying that Resolution Copper was owned by 210 DCCC Bilbray Research Book Last Updated 2/29/12 London-based Rio Tinto, and that that company is partnered with the Iran Foreign Investment Company in mining uranium in Namibia.” [Jewish Telegraphic Agency, 10/26/11] The motion failed. [HR 1904, Vote #808, 10/26/11] Voted Against Restricting Companies with Ties to Iran from Participating in “Crowdfunding” In 2011, Bilbray voted against restricting companies with ties to Iran from participating in “crowdfunding.” The motion would have banned crowdfunding securities sales from being affiliated, in any way, with corporations doing business with Iran. Crowdfunding is funding from a crowd of people — that is, many people provide small amounts of money for financing. [CQ Floor Votes, 11/03/11; Forbes, 1/13/12] The motion failed 187-237. [HR 2930, Vote #824, 11/03/11] Voted to Crack Down on Investors in Iran In 2007, Bilbray voted in favor of a bill to authorize state and local governments to direct divestiture from, and prevent investment in, entities with investments of $20 million or more in Iran’s energy sector. The bill also allowed state and local governments to direct divestiture from, and prevent investment in, companies that sell arms to the government of Iran, and financial institutions that extend $20 million or more in credit to the Iran government for 45 days or more. [CQ Floor Votes, 7/31/07] The bill passed 408-6. [HR 2347, Vote #765, 7/31/07] Voted to Allow Bush to Plan for Attack on Iran In 2007, Bilbray voted against an amendment to the 2007 Defense Authorization bill that would prohibit funds in the bill for military operations in Iraq and Afghanistan from being used to plan a contingency operation in Iran. [CQ Floor Votes, 5/16/07] President Bush opposed the amendment. The amendment was defeated 202-216. [HR 1585, Vote #364, 5/16/07] Voted to Block Debt Relief for Countries with Business Ties to Iran In 2008, Bilbray voted in favor of a motion to recommit a bill that would allow as many as two dozen poor countries to qualify for new debt relief. The motion to recommit sought to bar countries with business ties to Iran from being eligible for debt relief. However, the wording of the motion led to the elimination of a requirement that savings from debt relief be applied to poverty reduction. The motion to recommit also erased a ban on conditions that critics said limited countries’ abilities to boost spending on education or health care. [CQ Today, 4/16/08] 211 DCCC Bilbray Research Book Last Updated 2/29/12 The motion passed 291-130. [HR 2634, Vote # 198, 4/16/08] Voted to Prevent Speaker to Visit Dangerous Regimes In 2007, Bilbray voted for an amendment that would bar the use of funds in the bill for travel by the Speaker of the House to Cuba, North Korea, Sudan, Iran and Syria. The amendment’s sponsor, Representative Steven King (R-IA) charged that House Speaker Nancy Pelosi had committed the “most blatant violation of the Logan Act by a top elected official in the history of our country” with her April 2007 trip to Syria. King alleged that Pelosi infringed on the president’s constitutional duties by attempting to negotiate with a state sponsor of terrorism. The Logan Act prohibits U.S. citizens without authority from interfering with relations between the United States and other countries. A Pelosi spokeswoman dismissed King’s amendment as a “cheap political stunt.” [Des Moines Register, 6/24/07] The amendment was defeated 84-337. [HR 2764, Vote #541, 6/22/07] Opposed Restrictions on Potential Military Action in Iran In 2007, Bilbray voted against an amendment to the 2007 Defense Authorization bill that would clarify that no previously enacted law authorizes military action against Iran. The amendment prohibited the use of funds authorized in the bill or in any other act to take military action against Iran without specific congressional authorization unless there is a national emergency created by an attack by Iran upon the United States, its territories or possessions or its armed forces. [CQ Floor Votes, 5/16/07] President Bush opposed the amendment. [CQ Today, 5/17/07] The amendment was defeated 136-288. [HR 1585, Vote #365, 5/16/07] Voted Against Effort To Prevent Military Operations In Iran Without Congressional Approval In 2006, Bilbray voted against an amendment to bar the use of funds to initiate military operations against Iran without authorization from Congress. [CQ Floor Votes, 6/20/06] The amendment was defeated 158-262. [HR 5631, Vote #300, 6/20/06] 212 DCCC Bilbray Research Book Last Updated 2/29/12 Foreign Policy Issues – Iraq Significant Findings Voted Against Rest for Troops in Iraq Voted Against Iraq Accountability Legislation Voted to Allow Troops to Remain Indefinitely Bilbray, who has supported and voted for funding of operations in Iraq, voted against mandatory minimum periods of rest and recuperation for members of the U.S. military serving in Iraq. In 2007, he stood by President Bush and opposed legislation to require accountability in Iraq. Bilbray also voted in 2007 to allow troops to remain in Iraq indefinitely. Voted Against Required Rest and Recuperation for Troops in Iraq In 2007, Bilbray voted against a bill to mandate minimum periods of rest and recuperation for members of the regular and reserve components of the U.S. military serving in Iraq. The bill established the time between deployments to combat zones to be at least equal to the length of the most recent deployment. For National Guard and reserve members, the bill called for time between deployments to be at least three times longer than the length of the most recent deployment, and exempted special operations forces units and allowed the president and military service chiefs to waive these requirements in response to unforeseen circumstances. [CQ Today, 8/02/07] President Bush opposed the bill. [Statement of Administration Policy, 8/02/07] The bill passed 229-194. [HR 3159, Vote #796, 8/02/07] Opposed Veto Override of Iraq Accountability Legislation In 2007, Bilbray voted against a measure to overturn President Bush’s veto of legislation to require accountability in Iraq. The original bill, which was vetoed by Bush on May 1, 2007, would provide $124.2 billion in fiscal 2007 emergency funding, as well as set as a goal of redeploying most U.S. combat troops in Iraq by the end of March 2008, if the president can certify the Iraq government is meeting benchmarks, and by the end of 2007 if he cannot. 213 DCCC Bilbray Research Book Last Updated 2/29/12 The measure also provided $95.5 billion for military operations in Iraq and Afghanistan, $6.8 billion for hurricane recovery and relief, $3.5 billion in crop and livestock disaster assistance and $2.25 billion for homeland security anti-terrorism programs. Also included in the bill was a provision to raise the minimum wage to $7.25 per hour over two years and provide $4.8 billion in small-business tax incentives. A two-thirds majority of those present and voting (284 in this case) of both chambers are necessary to override a veto. [CQ Floor Votes, 5/02/07] The veto override attempt was defeated 222-203. [HR 1591, Vote #276, 5/02/07] Voted to Allow Troops to Remain in Iraq Indefinitely In 2007, Bilbray voted in favor a motion to recommit a bill requiring the withdrawal of troops from Iraq to the Armed Services Committee with instructions that it be immediately reported back with language stating that a determination to withdraw or redeploy troops should be based on a number of factors including protection of members of the U.S. armed forces, the Army Corps of Engineers and the U.S. embassy. [CQ Floor Votes, 5/10/07] Democrats largely opposed the measure because it could be used to justify allowing troops to stay in Iraq indefinitely. [Congressman David Obey, Congressional Record, 5/10/07; Page H4805] The motion was defeated 210-218. [HR 2237, Vote #329, 5/10/07] Opposed Troop Withdrawal from Iraq In 2007, Bilbray voted against a bill to require the withdrawal U.S. troops and contractors in Iraq with funds provided by the Defense Department within 90 days of the bill’s enactment. Under the bill, withdrawal would have had to be completed within 180 days. The bill prohibited any funds made available to the Defense Department from being used to increase the number of U.S. troops serving in Iraq in excess of the number serving there as of Jan. 1, 2007, unless the increase has been specifically authorized in advance by Congress. President Bush opposed the bill. [CQ Floor Votes, 5/10/07] The bill was defeated 171-255. [HR 2237, Vote #330, 5/10/07] Opposed Accountability in Iraq In 2007, Bilbray voted against legislation that would provide $42.8 billion in fiscal 2007 emergency spending for military operations in Iraq and Afghanistan. The bill required another congressional vote in late July to release the remaining $52.8 billion for the Pentagon, and would withhold funds until the president reports by July 13 on progress the Iraqi government has made toward meeting specified benchmarks and goals set by the bill and Congress has adopted a joint resolution releasing the “fenced off” funds. 214 DCCC Bilbray Research Book Last Updated 2/29/12 In addition, the bill provided $6.8 billion for hurricane recovery and relief, $3.3 billion for military healthcare costs and $2.25 billion for homeland security anti-terrorism programs. It also would raise the minimum wage to $7.25 per hour over two years and provide $4.8 billion in small-business tax incentives. President Bush opposed the bill. [CQ Floor Votes, 5/10/07] The bill passed 221-205. [HR 2206, Vote #333, 5/10/07] Voted to Block Accountability in Iraq In 2007, Bilbray voted in favor of a motion to recommit an emergency appropriations bill on Iraq funding to the Armed Services Committee with instructions to remove language that would have required the Bush administration to report to Congress on benchmarks for success in Iraq. The motion would have struck language in the bill that would strike a section of the bill requiring the president to submit to Congress by July 13 reports on the progress the Iraqi government has made in meeting political and military benchmarks. [CQ Floor Votes, 5/10/07] The motion failed 195-229. [HR 2206, Vote #332, 5/10/07] Opposed Accountability in Iraq, Redeployment of Troops In 2007, Bilbray voted against a bill to require the Defense secretary to begin redeploying U.S. troops and contractors out of Iraq within 120 days of the bill’s enactment. The redeployment, except for a “limited presence,” would have to be completed by April 1, 2008. It would require the president, no later than Jan. 1, 2008, to transmit to Congress a comprehensive U.S. strategy for Iraq that includes a justification of the minimum force levels required to protect U.S. national security interests in Iraq after April 1, 2008, a description of the specific missions of U.S. forces to be undertaken, the cost of maintaining such a force and the expected duration of the missions. [CQ Floor Votes, 7/12/07] President Bush opposed the bill. [Statement of Administration Policy, 7/12/07] The bill passed 223-201. [HR 2956, Vote #624, 7/12/07] Opposed Accountability of Spending in Iraq In 2008, Bilbray voted against an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would require the president to submit a report on the long-term costs of the wars in Iraq and Afghanistan within 90 days of the bill’s passage. This report would include the costs of operations, reconstruction and health care benefits through at least fiscal year 2068. [CQ Floor Votes, 5/22/08] The amendment passed 245-168. [HR 5658, Vote #360, 5/22/08] 215 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Measure to Bring our Troops Home by August 2008 In 2007, Bilbray voted against a bill that would set in motion a withdrawal of U.S. forces from Iraq by August 2008 and establish waiveable requirements for unit readiness and deployment lengths. The bill included $2.8 billion to enhance medical services for active duty forces, mobilized personnel and their family members and $1.7 billion for veterans’ health care priorities including maintenance at VA health care facilities like Walter Reed. [CQ House Action Reports, No. 110-3, 3/20/07] The measure passed 218-212. [HR 1591, Vote #186, 3/23/07] Opposed Permanent Base in Iraq In 2007, Bilbray voted in favor of a bill to prohibit any funding for the creation of a permanent military base in Iraq. The bill prohibited any funds made available by any act of Congress to be obligated or expended to establish any military installation or base for the permanent stationing of U.S. armed forces in Iraq, or to exercise U.S. economic control of the oil resources of Iraq. [CQ Floor Votes, 7/25/07] The bill passed 399-24. [HR 2929, Vote #717, 7/25/07] Opposed Allowing US to Establish Permanent Bases in Iraq in 2006 In 2006, Bilbray voted against an amendment that would strip out language included in the FY 07 Defense Appropriations bill prohibiting the US from negotiating for permanent bases with the government of Iraq. The language was originally inserted into the bill by Democratic Rep. John Murtha (D-PA). [United Press International, 6/21/06] The bill failed 50-376. [HR5631, Vote #296, 6/20/06] Opposed Resolution Condemning Bush Escalation Plan In 2007, Bilbray voted against a resolution that would express support for U.S. military personnel serving in Iraq while disapproving of President Bush’s decision to deploy more than 20,000 additional U.S. combat troops to that country. [CQ Floor Votes, 2/16/07] The resolution passed 246 to 182. [HCR 63, Vote #99, 2/16/07] Opposed Supporting Troops in Iraq and Afghanistan In 2007, Bilbray voted against a bill that provided $95.5 billion for the Department of Defense. This provided support for the 140,000 troops deployed in Iraq and 20,000 in Afghanistan. 216 DCCC Bilbray Research Book Last Updated 2/29/12 It also fully funded the original surge force of 21,000 soldiers plus an additional 4,729 personnel in Iraq and 7,200 in Afghanistan. It included $3.3 billion for Defense Health and $1.8 billion for Veterans Health, while the President requested nothing for Veterans Health in the supplemental. The bill included a timeline to begin withdrawal, but removed the date certain for when all troops need to be out of Iraq. [CQ House Action Reports, No. 110-1, 4/24/07] The bill passed 218-208. [HR 1591, Vote #265, 4/25/07] Voted to Honor Local Servicemembers Who Lose Their Lives In 2007, Bilbray was voted in favor of a bill to allow the governor of a state or territory, or the mayor of the District of Columbia, to fly the U.S. flag at half staff after the death of a local active-duty member of the military. [Congressional Quarterly] The bill would require all federal government agencies in a state to comply with a governor’s proclamation to fly the national flag at half-staff in honor of those who lose their lives serving their country. Congressman Bart Stupak introduced the bill when fallen service members were honored with lowered flags in their hometowns and at the sites of their memorial services, but not in surrounding communities. While federal facilities in the hometown and at the site of the memorial services lowered their flags, some federal institutions in neighboring communities did not, creating an uneven display of respect. [Congressman Bart Stupak press release, 6/14/07] The bill passed 408-4. [HR 692, Vote #346, 5/15/07] Supported Iraq Benchmarks without Deadline for Troop Withdrawal In 2007, Bilbray voted for legislation to appropriate $97.8 billion in fiscal 2007 emergency spending. The measure included $87 billion for military operations in Iraq and Afghanistan and $3.4 billion for the Federal Emergency Management Agency Disaster Relief Fund. In addition, the bill would establish 18 “benchmarks” for the Iraqi government and require the president to report on progress towards meeting the benchmarks. It would permit, but not require, the president to withhold reconstruction funds if the benchmarks were not met. [CQ Floor Votes, 5/24/07] Many Democrats opposed the measure because it did not contain language calling for a deadline for U.S. combat troops to withdraw from Iraq. [CQ Weekly, 5/28/07] The motion passed 280-142. [HR 2206, Vote #425, 5/24/07] Voted to Re-Establish Iraq Study Group 217 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted for an amendment that would add $1 million for the United States Institute of Peace to re-establish the Iraq Study Group, offset by a reduction of the same amount for the State Department’s diplomatic and consular affairs. According to the amendment’s sponsor, Representative Chris Shays (R-CT), the purpose of reconstituting the Study Group was to give Congress an additional assessment of the situation in Iraq and provide new observations and recommendations in light of changing conditions one year later. “Last fall, the Iraq Study Group provided Congress a thoughtful assessment on one of the most important issues of our time,” Shays said. “As we approach another crossroad in this conflict, having that thoughtful insight again will be invaluable.” [Rep. Chris Shays press release, 6/21/07] The amendment passed 355-69. [HR 2764, Vote #529, 6/21/07] Supported Reporting Requirements on the Redeployment of Forces in Iraq In 2007, Bilbray voted for a motion to suspend the rules and pass a bill requiring the Secretary of Defense to report on the status of planning for the redeployment of Armed Forces from Iraq. The Secretary of Defense and the Chairman of the Joint Chiefs of Staff would be required to meet with and brief Congress on those reports within sixty days after the enactment of the Act and every ninety days thereafter. The bill also recognized that it is necessary for the security of U.S. Armed Forces, civilians, contractors and Iraqi nationals who have aided the mission in Iraq for the Department of Defense to have comprehensive contingency planning. The bill was called “a rarity in the 110th Congress – a war question on which most members of both parties could agree.” [Congressional Quarterly, 10/03/07] The bill passed 377-46. [HR 3087, Vote #927, 10/02/07] Supported Oversight of Government Contractors in War Zones In 2007, Bilbray voted in favor of legislation to bring all government contractors working in war zones within the reach of the federal criminal code. Under the legislation, contractors who worked for the State Department and other agencies would be brought under the jurisdiction of the Military Extraterritorial Jurisdiction Act, which already applied to Pentagon employees and contractors supporting Defense Department missions. The bill restricted contracting after 2007 in Iraq and Afghanistan until the State and Defense departments and the Agency for International Development completed a memorandum of understanding that would define their responsibilities there, including responsibility for deciding which contractors got weapons and the rules for using them. [CQ Today, 10/04/07] The bill passed, 389-30. [HR 2740, Vote #940, 10/04/07] 218 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Exclude Intelligence Activities from Increased Oversight of Contractors In 2007, Bilbray voted in favor of a motion to recommit which clarified a bill designed to bring government contractors working in war zones within the reach of the federal criminal code. The motion was aimed at ensuring that intelligence activities in war zones would be able to continue. [CQ Floor Votes, 10/04/07] The motion to recommit passed 342-75. [HR 2740, Vote #939, 10/04/07] Supported Government Silence on Iraqi Corruption In 2007, Bilbray opposed a resolution rebuking the Bush administration for withholding information on the corruption and criminality that has plagued the Iraqi government. After the State Department instructed its staff not to address corruption in the Iraqi government, the department retroactively classified two reports by the U.S. Embassy in Baghdad that concluded the government “is not capable of even rudimentary enforcement of anticorruption laws.” [Congressional Quarterly, 10/16/07] The resolution stated that “it is an abuse of the classification process to withhold from Congress and the people of the United States broad assessments of the extent of corruption in the Iraqi government.” [Congressional Quarterly, 10/22/07] The resolution passed 395-21. [H Res 734, Vote #969, 10/16/07] Voted in Favor of Staying the Course in Iraq In 2007, Bilbray voted in favor of a motion to recommit HR 4156, the Iraq supplemental funding bill, to the Appropriations Committee with instructions that it be reported back immediately with language that would remove a provision requiring troop withdrawal. The motion also would strike troop readiness and application of the Army field manual provision. Additionally, it would strike language that would express the sense of Congress that all funds are for redeployment and that the amounts are sufficient to meet the needs of the armed forces. [CQ Floor Votes, 11/14/07] The motion failed 192-231. [HR 4156, Vote #1107, 11/14/07] Voted Against Funding our Troops, Against Accountability in Iraq In 2007, Bilbray voted against a bill that appropriated $50 billion in emergency supplemental funds for the wars in Iraq and Afghanistan until Feb. 1, 2008. The bill would require troops to begin withdrawing from Iraq within 30 days of enactment, with a goal of withdrawing most troops by Dec. 15, 2008. 219 DCCC Bilbray Research Book Last Updated 2/29/12 The measure would restrict U.S. armed forces to missions of force protection, counterterrorism and training of Iraqi security forces. It also would prohibit the deployment of troops who are not fully trained and equipped, and require all U.S. personnel, including CIA, to follow the Army field manual’s rules against torture. [CQ Floor Votes, 11/14/07] “We all view this as a significant statement, a turning point,” Rep. James McGovern (D-MA) said. “This is the beginning of the end of the war in Iraq.” [The Hill, 11/14/07] The bill passed 218-203. [HR 4156, Vote #1108, 11/14/07] Voted for Republican Motion Calling for Continued Funding in Iraq In 2007, Bilbray voted in favor of a motion to instruct House conferees to agree to the provisions in the Senate amendment opposing any legislation that would undermine the military’s ability to prevent a failed state in Iraq. The motion also would urge conferees to continue funding for military operations in Iraq and Afghanistan. The motion was intended to undercut Democratic efforts to withhold or tie strings to Iraq war appropriations. [CQ Floor Votes, 12/05/07] “The Republican motion to instruct puts the House on record acknowledging the consequences of a precipitous withdrawal from Iraq and not fully funding our troops and their missions,” said motion sponsor Duncan Hunter (R-CA). [CQ Today, 12/05/07] The motion was agreed to 328-83. [HR 1585, Vote #1128, 12/05/07] Voted Present on Funding for War in Iraq In 2008, Bilbray voted present on an amendment to add the war money to an appropriations bill that would provide $162.5 billion for the wars in Iraq and Afghanistan, with $96.6 billion for fiscal 2008 and $65.9 billion for fiscal 2009. [CQ Floor Votes, 5/15/08] 132 Republicans voted “present” in a strategy concocted by Rep. Mike Pence of Indiana and members of a conservative faction, the Republican Study Committee (RSC), who pressed for a dramatic demonstration to Democrats of how dependent they are on Republican votes to keep money for the troops flowing. [CQ Weekly, 5/16/08] The motion was rejected 141-149. [HR 2642, Vote #328, 5/15/08] Opposed Measure to Require Administration to Begin Withdrawal of Troops from Iraq In 2008, Bilbray voted against an amendment that would require a troop withdrawal from Iraq within 30 days of the bill’s enactment, with a goal of completing the withdrawal of combat troops by December 2009. 220 DCCC Bilbray Research Book Last Updated 2/29/12 It would also limit agreements between the U.S. and Iraqi governments and impose other restrictions on Iraq War policy by requiring Congress to authorize any agreement between the U.S. and the Iraqi government committing U.S. forces. The amendment would require the Iraqi government to match reconstruction aid and to sell fuel to the U.S. military at the same price it is sold to Iraqi consumers. The amendment would prohibit any combat unit not assessed as fully mission capable from deploying to Iraq and limit deployment time, but allow for presidential waivers. It would also prohibit interrogation techniques not authorized in the Army Field Manual on the subject and prohibit establishing a permanent base in Iraq. [CQ Floor Votes, 5/15/08] The amendment was adopted, 227-196. [HR 2642, Vote #329, 5/15/08] Opposed Measure to Require Congressional Approval Before Committing U.S. to Defend Iraq In 2008, Bilbray voted against an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would require congressional authorization for any agreement obligating the U.S. military to defend Iraq. [CQ Today, 5/22/08] The amendment passed 234-183. [HR 5658, Vote #359, 5/22/08] Opposed Measure to Prohibit Contractors from Performing Interrogations In 2008, Bilbray voted against an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would bar the use of contractors as interrogators. The White House had promised to veto the bill if this amendment was included. [CQ Today, 5/22/08] The amendment passed 240-168. [HR 5658, Vote #361, 5/22/08] Opposed Measure to Require Taping of Detainee Interrogations In 2008, Bilbray voted against an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would require the videotaping of interrogations of detainees such as suspected terrorists and insurgents. [CQ Today, 5/22/08] The amendment passed 218-192. [HR 5658, Vote # 362, 5/22/08] Voted to Fund War in Iraq In 2008, Bilbray voted in favor of the fiscal year 2009 Defense Authorization bill. 221 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would authorize $601.4 billion in defense programs at the Pentagon and Energy Department for fiscal year 2009, including the authorization of $70 billion for several months of combat in Iraq and Afghanistan and a 3.9 percent pay raise for U.S. military personnel. [CQ Today, 5/22/08] The bill passed 384-23. [HR 5658, Vote #365, 5/22/08] Supported Funding for Wars in Iraq and Afghanistan In 2008, Bilbray voted in favor of a motion to concur to the Senate amendment to the House amendment no. 1 that would appropriate $165.4 billion for the wars in Iraq and Afghanistan, including $99.5 billion for military operations for fiscal 2008 and $65.9 billion for fiscal 2009. In its consideration of the supplemental spending bill, the Senate stripped out the House provision regarding conditions on the war. Many Democratic leaders voted against amendment No. 1 because it removed “reasonable conditions in defining what [the] national policy [was] in Iraq.” [Statement by Rep. Obey, H5667, 6/19/08] In a floor statement about the legislation, Speaker Pelosi declared her intention to vote against Amendment No. 1 “because of the huge amount of money that is in this bill to fund the war in Iraq without any conditions, without any limitation on time spent there…We owe our troops more than sending them into war on a false premise, without the equipment and training they need, without a plan for success, without a strategy to leave. This war has not made the region more stable, it has not made our country safer. It has undermined our capability to protect the American people. It should come to an end safely, honorably, responsibly, and soon.” [Statement by Speaker Pelosi, H5671, 6/19/08] The motion was agreed to by a vote of 268-155. [HR 2642, Vote #431, 6/19/08] Supported Funds for War in Iraq In 2008, Bilbray voted for the final version of the fiscal year 2009 defense authorization bill. The bill would authorize national security programs in the Defense and Energy departments totaling $611 billion. The bill would include approximately $68 billion for expenses related to the wars in Iraq and Afghanistan. The bill also included a 3.9 percent pay raise for military personnel. [CQ Today, 9/24/08] The bill passed 392-39. [S 3001, Vote #631, 9/24/08] Chose To Play Politics with Money for Troops and to Fight H1N1 Flu Pandemic In 2009, Bilbray voted against the Supplemental Appropriations Act of 2009. The measure included funding for American troops in Afghanistan and Iraq. Money to fight the H1N1 flu pandemic was included as well. The $106 billion measure also included $5 billion to support increased U.S. lending to the International Monetary Fund. [CQ Today, 6/16/09; CQ House Action Reports, 6/15/09] The measure passed 226-202. [H.R. 2346, #348, 6/16/09] 222 DCCC Bilbray Research Book Last Updated 2/29/12 Foreign Policy Issues – Israel Significant Findings Inconsistent on Financial Assistance for Israel Supported Missile Defense Funds for Israel Bilbray has voted inconsistently on the Foreign Operations appropriations that fund the financial assistance for Israel. He also cast votes to provide for missile defense funds for Israel’s defense. Inconsistent on Financial Assistance for Israel The bulk of U.S. support for Israel comes each year in the appropriations bill for Foreign Operations and export financing. In 2007, Bilbray voted against the appropriations bill for foreign operations and export financing, which included $2.4 billion in military assistance for Israel. The bill passed 241-178. [CQ Floor Votes, 6/22/07; HR 2764, Vote #542, 6/22/07] Votes on Aid for Israel in Previous Years Bilbray has varied in his past support for the Foreign Operations appropriations measures. 2000: Bilbray voted in favor of the conference version of the appropriations bill for foreign operations and export financing. The bill passed 307-101. [CQ Floor Votes, 10/25/00; HR 4811, Vote #546, 10/25/00] 2000: Bilbray voted in favor of the appropriations bill for foreign operations and export financing. It passed 239-185. [CQ Floor Votes, 7/13/00; HR 4811, Vote #400, 7/13/00] 1999: Bilbray voted against the appropriations bill for foreign operations and export financing. The bill passed 316-100. [CQ Floor Votes, 11/05/99; HR 3196, Vote #572, 11/05/99] 1999: Bilbray voted in favor of an omnibus appropriations bill that contained the appropriations bill for foreign operations and export financing. The bill passed 333-95. [HR 4238, Vote #538, 10/20/99] 1999: Bilbray voted in favor of a foreign operations appropriations bill. President Clinton vetoed it over language the House had inserted into the bill regarding international family planning. The bill passed 214-211. [CQ Floor Votes, 10/05/99; HR 2606, Vote #480, 10/18/99] 223 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Missile Defense for Israel In 2007, Bilbray voted in favor of the fiscal year 2008 defense authorization bill, which authorized $645.5 billion for fiscal 2008 defense-related spending, including $141.8 billion in fiscal 2008 emergency supplemental funding for ongoing military operations in Iraq and Afghanistan, including a 3.5 percent increase in pay for military personnel. The bill authorized $205 million to expand integration of the U.S. missile defense system with Israel. It also called for speeding up the co-production of Arrow missiles, the David’s Sling short-range missile defense system, and beginning the procurement the Terminal High Altitude Area Defense system for the Middle East. [Congressional Quarterly Bill Summary, HR 1585] The bill passed 397-27. [HR 1585, Vote #373, 5/17/07] Supported Missile Defense Funds for Israel In 2007, Bilbray voted in favor of a motion to recommit the fiscal year 2008 defense authorization bill with instructions that it be immediately reported back with language that would expand the ballistic missile defense system with Israel. The bill instructed the Defense secretary, within 180 days of enactment, to report to Congress about the system and would authorize $205 million for the system, offset by a reduction in the bill’s amounts for procurement and research, development, testing and evaluation areas, other than missile defense. [CQ Floor Votes, 5/17/07] The motion passed 394-30. [HR 1585, Vote #372, 5/17/07] Supported Ban on Funds for Palestinian Authority, Terrorists In 2007, Bilbray voted in favor of an amendment to the Foreign Operations appropriations bill would prohibit direct aid to the Palestinian Authority. According to the amendment’s sponsor, Representative Mike Pence (R-IN), the measure was aimed at reinforcing existing law to prevent U.S. taxpayer funds from being sent to terrorist groups. “Given the recent events in the Palestinian territories and the strong commitment of this body to prevent taxpayer funding from reaching the hands of terrorists, I offer an amendment that reinforces previous prohibitions on funding Palestinian terrorist organizations,” Pence said. [The Republic, 6/22/07] The amendment passed 390-30. [HR 2764, Vote #540, 6/22/07] Opposed Unilaterally-Declared Palestinian State In September 2000, Bilbray voted in favor of a bill stating that it is U.S. policy to oppose the unilateral declaration of a Palestinian state, to withhold diplomatic recognition of any such state that was 224 DCCC Bilbray Research Book Last Updated 2/29/12 unilaterally declared, and to encourage other countries and international organizations to also withhold diplomatic recognition. The bill also provided that in the event a Palestinian state was unilaterally declared, the U.S. would cut off any assistance to the Palestinian Authority with the exception of humanitarian assistance, would withhold U.S. contributions to any international organization, such as the U.N., that recognized the state, and would oppose any World Bank/IMF loans to the state. [CQ Floor Votes, 9/27/00; CQ Bill Analysis, HR 5272] The motion to suspend the rules and pass the bill was agreed to on a 385-27 vote. [HR 5272, Vote #497, 9/27/00] Supported Sale of Naval Vessels to Various Foreign Countries In July 1997, Bilbray voted in favor of a bill that would authorize the Navy to sell various naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, Taiwan and Thailand. The bill also allowed the sale of not more than one “Stalwart” or “Victorious” class surveillance ship to the Philippines, if one became available, and required the ships to be repaired or refurbished at U.S. shipyards as a condition of the sale. [CQ Floor Votes, 7/15/97] The bill passed 426-1. [HR 2035, Vote #268, 7/15/97] Supported Moving U.S. Embassy to Jerusalem In October 1995, Bilbray voted in favor of a bill that would recognize Jerusalem as the capital of Israel, and require that the U.S. Embassy move to Jerusalem by the end of May, 1999. The bill allowed the President to suspend the move for six months if he determined that the move would endanger national security. [CQ Floor Votes, 10/24/95] The bill passed 374-37. [S 1322, Vote #734, 10/24/95] 225 DCCC Bilbray Research Book Last Updated 2/29/12 Gay and Lesbian Issues Significant Findings Said Gay People “Choose a Lifestyle” Said Marriage “Is Not a Right” Compared Homosexuals to Prostitutes, Drug Users Opposed Repealing “Don’t Ask, Don’t Tell” Bilbray made several insensitive remarks concerning gays and lesbians while serving as a supervisor. He said that “gay people choose a lifestyle” during a debate on the creation of a commission to protect homosexuals from discrimination. He believes that marriage is a privilege, not a right. In 1987, when opposing proposed anti-discrimination laws in San Diego County, Bilbray compared homosexuals to prostitutes and drug users. Despite encouraging Bush to meet with the Log Cabin Republicans in 2000, he has a record of opposing the repeal of “Don’t Ask, Don’t Tell.” Bilbray: Gay People “Choose A Lifestyle” In February 1985, Bilbray voiced opposition to the establishment of a county commission that would include protecting homosexuals from discrimination. “Gay people choose a lifestyle just as motorcycle gang members decide to wear greasy jackets or punk rockers choose to dye their hair purple,” said Bilbray. “Does the county have the responsibility to stop discrimination or harassment against motorcycle gangs or punk rockers?” [San Diego Union-Tribune, 2/12/85] Tasteless Remarks about Women and Minorities In June 1996, Bilbray attended a gathering where approximately 30 people were present. At the event, Bilbray made discriminating remarks about women and minorities and even alluded to the need for discrimination protections for white males. He said he opposed same-sex marriage and equated such unions with polygamy and incest. He also said women should be allowed to have two husbands because women were “high maintenance.” He later claimed the statement was made in jest. [San Diego Union-Tribune, 7/21/96] Bilbray: Marriage is Not a Right Bilbray said, “Marriage is not a right; it’s a privilege that the government has regulated for thousands of years.” [San Diego Union-Tribune, 7/21/96] 226 DCCC Bilbray Research Book Last Updated 2/29/12 Attacked Female Critics Following protests against his remarks by women, Bilbray lashed back at them, saying, “I’m not their politically correct, bleeding-heart liberal that panders to every extremist group that demands that I jump through hoops.” [San Diego Union-Tribune, 7/21/96] Lumped Homosexuals In With Prostitutes & Drug Users to Oppose Anti-Discrimination Bill In July 1987, Bilbray voiced concerned about a proposed anti-discrimination law before the Board of Supervisors that would have made it illegal to discriminate against people with AIDS or those perceived to be at risk of contracting AIDS. Bilbray said he feared the ordinance would be unfairly used by gays and others in high-risk groups and identified the high-risk groups as “[p]rostitutes, intravenous drug users and homosexuals.” Said Bilbray: I can imagine a situation where a landlord wants to throw out a drug user or a prostitute but he can’t because the person says, `Hey, I’m protected because I’m in a high-risk group.’ We don’t want to create any vehicle that can be used to manipulate the process. [San Diego Union-Tribune, 7/29/87] Eventually Voted for Ordinance In January 1988, Bilbray voted for the ordinance. The law applied to housing, employment, private schools and business, including medical care and restaurants. [San Diego Union-Tribune, 1/06/88] Supported Closure of Gay Bathhouses In December 1987, Bilbray supported an ordinance to close businesses where anonymous, casual sexual activity takes place. The ordinance targeted gay bathhouses in San Diego out of a concern for the spread of AIDS. He disagreed with opponents who said the bathhouses should be used to promote education about AIDS. “To use these facilities to teach people about AIDS is as logical as bringing back opium dens to teach drug users to use bleach with needles,” said Bilbray. [San Diego Union-Tribune, 12/02/87] Encouraged Bush to Meet with Log Cabin Republicans In March 2000, following then-candidate Bush’s announcement that he would not meet with representatives from the Log Cabin Republicans, a group of homosexual Republicans, Bilbray encouraged Bush to meet with Rich Tafel, the group’s executive director. Following Bush’s April 2000 announcement that he would meet with another group of gay Republican supporters (but not with the Log Cabin Republicans), Bilbray praised the decision and said that Republicans were wrong to think that they could not approach the homosexual community “without 227 DCCC Bilbray Research Book Last Updated 2/29/12 pandering and without amending their perceptions of political right and wrong.” [Philadelphia Enquirer, 3/29/00; Associated Press, 4/12/00] Voted in Support of the Defense of Marriage Act In 2011, Bilbray voted to support the Defense of Marriage Act. The amendment to the Defense Appropriations bill banned the use of any funds to be used in violation of the Defense of Marriage Act. This vote was largely symbolic and was intended to show support for the Defense of Marriage Act according to the author of the amendment. [Los Angeles Times, 7/09/11; The Hill, 7/07/11] The amendment passed 248-175. [HR 2219, Vote #516, 7/07/11] Voted to Delay the Repeal of Don’t Ask, Don’t Tell In 2011, Bilbray voted to delay the repeal of Don’t Ask, Don’t Tell. The FY2012 Defense Authorization bill contained a number of policy riders including one which changed the process for the repeal of Don’t Ask, Don’t Tell which bans homosexuals from serving openly in the military. Under the rider, which was included in the bill, the repeal would be delayed until the Army, Air Force, Navy, and Marine chiefs could certify that the repeal wouldn’t harm their units’ “readiness, effectiveness, cohesion, and morale.” [Wall Street Journal Blog-Washington Wire, 5/12/11; CQ BillAnalysis HR 1540, 7/04/11] The bill passed 322-96. [HR 1540, Vote #375, 5/26/11] Voted Against Repealing “Don’t Ask, Don’t Tell” Policy In 2010, Bilbray voted against repealing the military’s “don’t ask, don’t tell” policy, prohibiting military service by openly gay men and women. The measure would require a submission signed by the president, secretary of Defense, and the chairman of the Joint Chiefs of Staff that repeal is consistent with military readiness and effectiveness. The vote was the first time the House backed repealing the ban as a stand-alone measure; previously it passed as part of the fiscal 2011 defense authorization bill. Defense Secretary Robert Gates and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, said that repeal would not hurt military readiness and had urged lawmakers to repeal. They cited a Pentagon survey taken in 2010 that found 70 percent of military personnel surveyed believed a change in the law would have either a positive, mixed or no effect. [CQ Today, 12/15/10] The New York Times opined that “repealing the policy would not harm military readiness. Indeed, there is a wealth of evidence that the policy is actually harming military readiness by forcing out of the service people who have critical skills in interpretation, battlefield medicine, counterterrorism and other vital subjects.” [New York Times, Editorial, 11/18/10] The bill passed, 250-175. [HR 2965, Vote #638, 12/15/10] 228 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Delaying Repeal of “Don’t Ask, Don’t Tell” In March 2010, Bilbray said that “Don’t Ask, Don’t Tell” should be changed, but not now. “Military careers should not be lost due to sexuality, but while our military is managing conflicts in Iraq and Afghanistan, I do not believe this needs to be a priority at the present moment. I can see the policy changing at a later time,” said Bilbray. [San Diego Union-Tribune, 3/30/10] Opposed Repealing “Don’t Ask Don’t Tell” Policy In 2010, Bilbray voted against repealing the military’s “don’t ask, don’t tell” policy, as part of a nearly $760 billion defense authorization bill. The repeal was planned to happen after certain conditions were met, including the completion of a Pentagon review on the implications of a repeal. The review was set to complete in December 2010. The Obama administration would also have to certify that a repeal would not adversely affect military readiness and effectiveness, unit cohesion or recruiting. The bill authorized almost $760 billion for defense programs and for funding the “surge” of additional forces in Afghanistan. Additional funds were allocated for equipment depleted by the war in Iraq, including combat vehicles; new battle gear for the Army National Guard and reserves; military pay raises; Special Operations forces; and quality of life improvements for troops and their families. [CQ Today, 5/28/10] The bill passed 229-186. [HR 5136, Vote #336, 5/28/10] Opposed Expanding Federal Hate Crime Law In 2009, Bilbray voted against expand federal hate crime law to cover offenses based on a victim’s sexual orientation or gender identity. In addition the bill would also cover crimes based on a victim’s physical or mental disability. At the time of the bill passage, the law only covered the use of threat or force based on race, color, religion or national origin. [CQ Weekly, 5/04/09] The bill passed 249-175. [HR 1913, Vote #223, 4/29/09] Opposed Bill to Crack Down on Hate Crimes In 2007, Bilbray voted against a bill to crack down on hate crimes. The bill would make certain violent crimes against an individual because of race, religion, national origin, gender, sexual orientation, gender identity, or disability, stand-alone hate crime offenses. It also authorized federal grants of $5 million in fiscal 2008 and 2009 to assist state and local law enforcement agencies in prosecuting violent hate crimes. 229 DCCC Bilbray Research Book Last Updated 2/29/12 Under the bill, crimes of violence using fire, gun or a bomb would be punishable by a fine, up to 10 years in prison or both. Crimes such as kidnapping or that result in a death would be punishable by a fine, up to a life sentence or both. President Bush opposed the bill, and the arch-conservative Public Advocate claimed that the bill would “grant special rights to homosexuals.” [CQ Weekly, 5/07/07; publicadvocateusa.org, 5/27/07] The bill passed 237-180. [HR 1592, Vote #299, 5/03/07] Voted for Redundant Measure to Protect Seniors, Military from Hate Crimes In 2007, Bilbray voted in favor of a motion to recommit hate crimes legislation to the Judiciary Committee with instructions that it be reported back promptly with language that includes the elderly and military personnel among those protected by federal hate-crime law. [CQ Floor Votes, 5/03/07] Democrats largely opposed the motion it was viewed as a cynical attempt to kill the hate crimes bill and because individuals included in the amendment, seniors and members of the armed services, are already entitled to protection under the law. For example, it is already a Federal crime to kill or attempt to kill any member of the armed services under 18 U.S.C. 1114. Likewise, programs already exist to provide assistance to prosecutors and law enforcement in the enforcement of crimes against elders. According to Judiciary Chairman John Conyers (D-MI), the underlying bill was aimed at protecting classes of individuals “who have been and are the group-wide victims of systemic violence: hanging a man because of his race, dragging someone to death because they are disabled.” [Congressional Record, 5/03/07; Page H 4449] The motion was defeated 189-227. [HR 1592, Vote #298, 5/03/07] Supported Constitutional Amendment on Gay Marriage In 2006, Bilbray voted in favor of a proposed amendment to the Constitution to ban same-sex marriage. [CQ Floor Votes, 7/18/06] The amendment, which required a two-thirds majority to pass, was defeated 236-187. [HJR 88, Vote #378, 7/18/06] Opposed Adding Gays and Lesbians to “Hate Crime” Law In 2000, Bilbray voted against a motion requiring that conferees not agree to provisions in an amendment to the fiscal year 2001 Defense Authorization bill adding attacks against gays as offenses that could be subject to hate crimes prosecutions. [HR 4205, Vote #470, 9/13/00] The motion was defeated 196-227. [HR 4205, Vote #470, 9/13/00] 230 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray voted in favor of a separate motion requiring that conferees agree to the same provisions in the same bill. [CQ Floor Votes, 9/13/00] That motion passed, 232-192. [HR 4205, Vote #471, 9/13/00] Opposed Federal Recognition of Same-Sex Marriages In 1996, Bilbray voted in favor of a bill to ban federal recognition of gay marriages and authorize states to refuse to recognize same-sex marriages conducted in other states. The bill effectively prohibited the federal government from giving legal standing to homosexual marriages for any aspect of federal law, such as spousal benefits under aid programs of the federal tax code, or Social Security spousal benefits. [CQ Floor Votes, 7/12/96] The bill passed 342-67. [HR 3396, Vote #316, 7/12/96] Voted to Allow San Francisco Domestic Partners Plan In 1998, Bilbray voted against an amendment to ban funds from being used to implement a San Francisco plan requiring companies and organizations doing business with the city provide health care benefits to unmarried domestic partners of their workers. [CQ Floor Votes, 7/29/98] The bill passed, 214-212. [HR 4194, Vote #349, 7/29/98] 231 DCCC Bilbray Research Book Last Updated 2/29/12 Gun Issues Significant Findings Supported Clinton Gun Control Rally Flip-Flopped on Trigger Locks for Safety In 2000, facing a difficult reelection, Bilbray attended a gun control rally held by President Clinton. But now in office again, Bilbray has repudiated much of his earlier support for gun control laws. He voted to repeal DC’s local ban on firearm possessions and in a flip-flop from an earlier vote he voted in 2006 to overturn a law requiring safety trigger locks on all handguns. In 1999, Bilbray had voted for trigger locks. Attended Clinton Gun Control Rally On March 15, 2000, Bilbray was one of three Republicans who attended a gun control rally held by President Clinton. Bilbray defended the event and claimed that it was “a bipartisan rally for reasonable controls. It is really not anti-gun; it’s anti-gun violence.” [San Diego Union-Tribune, 3/16/00] Voted to Repeal DC Gun Ban In 2008, Bilbray voted in favor of a bill that would repeal District of Columbia laws prohibiting firearm possession, including the possession of semiautomatic firearms. It would repeal the District’s requirements for firearm registration and the requirement that firearms be disassembled or secured with a trigger lock in the home. It would remove criminal penalties for possessing firearms in the home and allow the District’s residents to purchase firearms in Maryland and Virginia. [CQ Floor Votes, 9/17/08] In a victory for gun-rights advocates, the House passed legislation that would broadly roll back District of Columbia gun laws. Lawmakers voted to amend narrower legislation by Del. Eleanor Holmes Norton with a substitute amendment by Travis W. Childers drawn from his broader measure (HR 6691). Eightytwo Democrats backed Childers in a vote that was a victory for the National Rifle Association (NRA), while nine Republicans voted against his amendment. [CQ Today, 9/18/08] The bill passed by a vote of 266 to 152. [HR 6842, Vote #601, 9/17/08] Supported Overturning Law Requiring Child Safety Locks on Handguns In 2006, Bilbray voted in favor of an amendment to overturn a recently enacted law requiring safety trigger locks on all handguns sold in the United States. 232 DCCC Bilbray Research Book Last Updated 2/29/12 In 2005, President Bush signed legislation giving gun makers broad protections from civil lawsuits, but that law contained the mandatory trigger lock provision. The amendment reversed the trigger lock provision. [Reuters, 6/29/06] The amendment passed 230-191. [HR 5672, Vote #343, 6/28/06] Supported Trigger Locks in 1999 In 1999, Bilbray voted in favor of an amendment to prohibit gun manufacturers from selling guns without a secure gun storage or safety device. [CQ Floor Votes, 6/18/99] The amendment granted limited immunity from civil liability for lawful gun owners who used such a device and whose gun was used by others without permission. [CQ House Action Reports, 10/17/05] The amendment passed 311-115. [HR 2122, Vote #236, 6/18/99] Voted to Protect State and Local Gun Laws In 2008, Bilbray voted in favor of a motion to recommit on a bill that would delegate a new historic trail along the East Coast. The motion to recommit required that the bill be sent back to the Natural Resources Committee with instructions to add language requiring the land within the trail be governed by state and local gun laws. [CQ Today, 7/10/08] The motion was rejected 202-211. [HR 1286, Vote #483, 7/09/08] Voted to Protect Rights of Gun Owners In 2008, Bilbray voted in favor of a motion to recommit the bill to the Committee on Natural Resources with instructions that it be reported back promptly with language that nothing in the bill should affect the right to bear arms under the Second Amendment within the National Landscape Conservation System (NCLS). The motion from Rep. Cannon (R-Utah), would have instructed the committee to rework the bill’s language to ensure that the act did not impede gun owners’ Second Amendment rights within NLCS lands. Denise Ryan, legislative representative for public lands at the National Wildlife Federation, called Cannon’s motion an effort to kill the bill and not a question about Second Amendment rights. [Public Lands Foundation Release, 4/09/08] The amendment was rejected by a vote of 208-212. [HR 2016, Vote #173, 4/09/08] Supported Hunting and Fishing on Federal Lands 233 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted in favor of an amendment to a bill that would authorize the National Landscape Conservation System at the Bureau of Land Management. The amendment protected the right of sportsmen to hunt and fish on nearly 27 million acres of public land and sought to ensure that the underlying bill did not limit access for hunting, fishing, trapping or recreational shooting on land enrolled in the National Landscape Conservation System. [Rep. Jason Altmire Release, 4/09/08] The amendment passed 416-5. [HR 2016, Vote #171, 4/09/08] Supported Efforts to Close Gun Show Loophole The Columbine High School shooting was the deadliest school shooting in United States history. Two 17year-old boys in Littleton, Colorado, procured two shotguns, an assault rifle and a TEC-9 assault pistol and shot 26 students, killing 13 of them before turning the guns on themselves. Subsequent investigation by the ATF found that all four of the weapons had passed through the hands of unlicensed dealers at gun shows. [http://www.handguncontrol.org/gunshws.htm] In the post-September 11th world, it can potentially be argued that the gun show loophole poses a threat to homeland security by giving potential access to firearms without a background check. In 1999, Bilbray voted against a bill that undermined existing laws to prevent criminals from purchasing handguns by adding a background check standard for gun shows that actually reduced the time law enforcement officials had to conduct background checks in traditional gun purchases from three business days to twenty-four hours. [CQ Floor Votes, 6/18/99; HR 2122, Vote #244, 6/18/99] Previous Bilbray votes included: Bilbray voted against an amendment that weakened existing standards that provide law enforcement personnel with three business days to complete background checks. The amendment supported gave law enforcement only 24 hours for instant background checks at purchases made at gun shows. The amendment passed, 218-211. [CQ Floor Votes, 6/18/99; HR 2122, Vote #234, 6/17/99] Bilbray voted for an amendment that required all gun show purchasers to undergo background checks in compliance with current federal law. The amendment would have required the extension of Brady background checks (3 business days) to all firearms sold at gun shows -- no exceptions. A gun show was described as any event where 50 or more firearms were offered or exhibited for sale, transfer, or exchange; or at which two or more persons were offering or exhibiting one or more firearms for sale or transfer. The amendment was defeated, 193-235. [CQ Floor Votes, 6/18/99; HR 2122, Vote #235, 6/18/99] Bilbray voted in against an amendment to provide an exemption for pawnshop gun redemptions that had existed from the passage of the 1994 Violent Crime Control Act of 1994 until December 1, 1998. During that time period, anyone that pawned a gun at a pawnshop for cash and then returned to reclaim the weapon did not have to undergo a background check. The amendment passed, 247-181. [CQ Floor Votes, 6/18/99; HR 2122, Vote #239, 6/18/99] 234 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Repeal of Assault Weapons Ban In 1996, Bilbray voted in favor of legislation to repeal the ban on certain semiautomatic assault-style weapons and eliminate the prohibition on selling or manufacturing such guns. The bill also repealed the ban on large capacity ammunition feeding devices and any combination of parts that could be assembled into a large capacity ammunition-feeding device. [CQ Floor Votes, 3/22/96] The bill passed, 239-173. [HR 125, Vote #92, 3/22/96] Supported Banning Felons, Fugitives and Stalkers from Obtaining Guns In 2000, Bilbray voted in favor of a motion to instruct conferees to insist the conference report include measures that would aid in effective gun safety law enforcement as well as common-sense gun safety measures that would prevent felons, fugitives and stalkers from obtaining guns and children from getting access to guns. [CQ Floor Votes, 4/11/00] The motion passed 406-22. [HR 1501, Vote #118, 4/11/00] Supported Funding for States with Mandatory Sentences for Gun Crimes In 2000, Bilbray voted for a bill that would provide $100 million to states that impose mandatory prison terms on gun-toting criminals. The bill would funnel the money over five years to states imposing mandatory minimum five-year sentences on anyone who uses or carries a firearm in a violent crime or serious drug trafficking offense or for a violent convict who was caught with a gun. Opponents attacked the Republican-sponsored legislation as a “fraud” that would do little to reduce gun violence unless coupled with stronger gun laws, such as background checks of all buyers at gun shows. The bill was backed by the National Rifle Association. [Los Angeles Times, 4/12/00] The amendment passed 358-60. [HR 4051, Vote #115, 4/11/00] Supported Increased Penalties for Juveniles with Guns In 1999, Bilbray voted for an amendment that would increase penalties for juveniles convicted of possession of a firearm and for those who provided a firearm to a juvenile and would allow the prosecutor rather than the courts to decide whether to charge certain juveniles as adults. [CQ Floor Votes, 6/16/99] The amendment passed 249-181. [HR 1501, Vote #211, 6/16/99] Voted for Amendment to Prohibit Violent Juvenile Offenders from Owning Guns 235 DCCC Bilbray Research Book Last Updated 2/29/12 In 1999, Bilbray voted for an amendment to prohibit individuals who commit violent acts of juvenile delinquency from owning a gun after they turn 18. [CQ Floor Votes, 6/18/99] The amendment passed 395-27. [HR 2122, Vote #242, 6/18/99] Supported Bill to Prohibit Minors from Possessing Semi-Automatic Weapons In 1999, Bilbray voted for an amendment to prohibit minors from possessing a semi-automatic assault weapon. [CQ Floor Votes, 6/18/99] The amendment passed 354-69. [HR 2122, Vote #238, 6/18/99] Supported Mandatory Minimums for Possessing a Gun While Committing a Violent Crime In 1998, Bilbray voted for a bill to impose mandatory minimum sentences for possession of a gun while committing a violent crime or drug trafficking offense. [CQ Floor Votes, 2/24/98] The bill passed 350-59. [HR 424, Vote #18, 2/24/98] 236 DCCC Bilbray Research Book Last Updated 2/29/12 Health Care Issues Significant Findings Opposed Health Care Reform, Voted to Repeal Received $248,004 from Insurance Industry Daughter Supported Medical Marijuana, Bilbray Opposed Voted Against SCHIP Expansion to Protect Raising Tobacco Tax Bilbray is opposed to the historic health care reform bill passed in 2010 and has voted to repeal the bill, despite the significant negative impact it would have on the citizens of the San Diego metropolitan area. During his career, Bilbray has received $248,004 in campaign contributions from the insurance industry. His daughter was diagnosed with cancer and supports medicinal marijuana, although Bilbray does not. Bilbray voted against the expansion of the SCHIP program and cited his opposition to increasing the tobacco tax as a primary reason for voting against the bill. Voted Against Historic Health Care Insurance Reform In 2010, Bilbray voted against historic health care insurance reform that would require most individuals to buy health insurance, create a system of national private insurance plans, give tax credits to some small businesses for providing coverage, and ban the practice of denying coverage based on pre-existing medical conditions. The New York Times wrote that the “uninsured are clearly the biggest beneficiaries of the legislation, which would extend the health care safety net for the lowest-income Americans.” The legislation was meant to provide coverage for as many as 32 million, either deemed too sick to participate in the market or who could not afford insurance premiums. In addition to prohibiting many plans from placing lifetime limits on medical coverage, plans could not cancel the policies of people who fall ill or denying coverage to children with pre-existing conditions. Dependent children up to age 26 would be eligible for coverage under their parents’ plan. [New York Times, 3/21/10] The conference report passed the House, 219-212. [HR 3590, Vote #165, 3/21/10] Issued Statement in Opposition 237 DCCC Bilbray Research Book Last Updated 2/29/12 In November 2009, Bilbray released a statement opposing health care reform being considered by the House of Representatives: This bill will cost taxpayers more than $1 trillion. This is the wrong prescription when unemployment is at 10.2 percent in San Diego and Congress has already spent trillions of dollars on the Wall Street Bailout, the AIG bailouts, the auto bailout and the stimulus bill. The last thing we should be doing is burdening our small businesses with additional taxes and forcing every American taxpayer to fund free health care for illegal immigrants. In addition, this bill cuts Medicare Advantage for seniors. That is something I cannot support. [State News Service, 11/06/09] Voted to Kill Health Care Reform with Abortion Amendments In 2010, Bilbray voted to kill health care reform by voting for a motion to recommit the bill with amendments that would bar the use of federal funds to pay for an abortion, unless the pregnancy was the result of rape, incest or certain other conditions. Individuals receiving subsidized health care policies would be forced to purchase abortion coverage separately. The White House and many Democrats contended that the health care bill as written explicitly barred federal funds from being used to pay for abortions. In addition, President Obama signed an executive order ensuring the same limits on federal funding of abortions remained in place with the new law. [Roll Call, 3/11/10; US News & World Report, 3/12/10; CNN, 3/24/10] The motion to recommit failed, 199-232. [HR 4872, Vote # 166, 3/21/10] Voted Against Reconciliation Bill to Pass Health Care Reform In 2010, Bilbray voted against the reconciliation bill that made changes to the health care overhaul measure as originally passed. The bill increased federal subsidies to help low- and moderate-income families purchase coverage through health insurance exchanges, phased out the Medicare prescription coverage gap, and adjusted federal matching funds for Medicaid. [CQ Floor Votes, 3/21/10] The bill passed, 220-211. [HR 4872, Vote #167, 3/21/10] Voted Against Final Reconciliation Passage of Health Care Bill In 2010, Bilbray voted not to concur with Senate amendments to the health care reconciliation bill. The reconciliation bill included changes to the health care bill to increase the levels of subsidies that would help low- and moderate-income Americans afford private insurance, as well as changes to close the Medicare prescription drug coverage gap, often known as the doughnut hole. [New York Times, 3/25/10] 238 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed, 220-207. [HR 4872, Vote #194, 3/25/10] Voted to Repeal Health Care, Put Insurance Industry in Charge of Americans’ Health In 2011, Bilbray voted to repeal the historic health care reform bill passed the previous year. “If we repeal health reform there will be no prohibition on discrimination against over 100 million Americans with pre-existing conditions, no prohibition on insurance companies canceling your coverage when you get sick, no prohibition on lifetime caps and annual limits, no required coverage for young adults on their parents’ policy,” said Rep. Henry Waxman. [CQ Today, 1/19/11] The American Medical Association and the AARP both opposed repealing the health care law. Out of several industry groups, only the U.S. Chamber of Commerce supported the repeal bill. [The Hill, 1/19/11] The bill passed, 245-189. [HR 2, Vote #14, 1/19/11] Bilbray Member Received $248,004 from Insurance Industry Representative Bilbray has received $248,004 in campaign contributions from the insurance industry, including health insurance companies. [opensecrets.org, accessed 2/17/12] … Despite the Effect Repeal Would Have on the San Diego Area According to 2011 analysis by the minority staff of the Energy and Commerce Committee, the Affordable Care Act provided significant benefits to the San Diego area: Allowing insurance companies to deny coverage to 590,000 to 1.6 million individuals, including 48,000 to 210,000 children, with pre-existing conditions. Rescinding consumer protections for 2.1 million individuals who have health insurance through their employer or the market for private insurance. Eliminating health care tax credits for up to 76,400 small businesses and 695,000 families. Increasing prescription drug costs for 45,600 seniors who hit the Part D drug “donut hole” and denying new preventive care benefits to 432,000 seniors. Increasing the costs of early retiree coverage for up to 40,500 early retirees. Eliminating new health care coverage options for 20,600 uninsured young adults. Increasing the number of people without health insurance by 382,000 individuals. Increasing the costs to hospitals of providing uncompensated care by $192 million annually. [“New District by District and Metro Area Analyses of the Impact of Repealing Health Reform”, Minority Staff of Energy and Commerce Committee, 1/18/11] … Though Repeal Jeopardizes Children, Pregnant Women, and Cancer Survivors If Bilbray gets his way, insurance companies could deny coverage to children with pre-existing conditions, pregnant women and breast cancer survivors. 239 DCCC Bilbray Research Book Last Updated 2/29/12 Repealing Health Care Reform Would Re-Legalize Allowing Insurance Companies to Drop Coverage for People with Pre-Existing Conditions In March 2010, the Philadelphia Inquirer reported that six months after the Health Care Legislation is signed, health plans would be prohibited from excluding children who have preexisting conditions. In 2014, this prohibition would be extended to adults. That year, insurers would no longer be allowed to set annual limits, rescind coverage, or impose excessive waiting periods before coverage starts. [Philadelphia Inquirer, 3/22/10] … Including Children According to the Philadelphia Inquirer, six months after health care legislation was signed, health plans would be prohibited from excluding children who have preexisting conditions. [Philadelphia Inquirer, 3/22/10] … Including Pregnant Women According to PolitiFact.com, pregnancy was considered a pre-existing condition. “But for now, Rohack is correct that pregnancy is considered a pre-existing condition and prevents many women from getting coverage if they seek insurance on the individual market,” the website explained. [politifact.com, 8/18/09] … Including Breast Cancer Survivors According to PolitiFact.com, cancer was considered a pre-existing condition. [politifact.com, 8/18/09] And according to U.S. News, breast cancer was specifically considered a preexisting condition. “Starting in 2014, insurers won’t be able to deny applicants based on, say, an earlier diagnosis of breast cancer,” the story reported. [usnews.com, 1/14/11] … Though Repeal Would Make Millions of Seniors Pay More for Prescription Drugs If Bilbray gets his way, millions of seniors would pay more for prescription drugs. Repealing Legislation Would Re-Enact the Donut Hole for Seniors In March 2010, the Philadelphia Inquirer reported that Medicare seniors with Medicare prescription coverage prior to the signing of the Health Care Legislation must pay out of their pocket for drug spending that falls between $2,830 and $6,440 because of the “doughnut hole” in the Medicare law. Seniors who hit this “idiosyncratic feature” this in 2010 would get a $250 rebate. In 2011, the gap would be reduced through a discount on brand-name drugs. By 2020, it should be 240 DCCC Bilbray Research Book Last Updated 2/29/12 eliminated, although seniors would still have to pay 25 percent of their prescription-drug costs. [Philadelphia Inquirer, 3/22/10] … Which Involved About 4 Million Seniors As of June 2010, the Department of Health and Human Services estimated that approximately 4 million seniors would get the 2010 rebates for falling into the doughnut hole. [cnn.com, 6/07/10] … Though Repeal Would Lose Tax Breaks for Small Businesses If Bilbray gets his way, small businesses would lose tax breaks that help make health insurance more affordable. Repealing Legislation Would Eliminate Tax Breaks for Small Businesses Businesses with fewer than 25 Employees and average wages of less than $50,000 could qualify for a tax credit of up to 35 percent of the cost of the premiums. [MSNBC, 3/22/10] … Though Repeal Would Prevent Young People From Staying on Parents’ Plans If Bilbray gets his way, young people would not be able to stay on their parents’ plans until age 26. Repealing Healthcare Reform Would Prevent Dependent Children from Staying of Parents’ Plans Until Age 26 According to 2010 analysis by Kaiser Health News, under healthcare reform, dependent children could remain on their parents’ health insurance plans until age 26. [msnbc.com, 3/22/10] … Though Repealing Health Care Could Eliminate Up to 400,000 Jobs According to the Center for American Progress, the repeal of health insurance reform could eliminate 250,000 to 400,000 jobs annually over the next ten years. [Center for American Progress, 1/07/11] … Though Repeal Would Add $230 Billion to the Deficit According to the nonpartisan Congressional Budget Office, the repeal of health care reform would increase the deficit by $230 billion by 2021. The CBO’s previous score of the Affordable Health Care Act had it decreasing the deficit by $143 billion over 10 years. [Politico, 1/06/11] Allowed Repealing Health Care While Keeping Benefits for Members of Congress In January 2011, Bilbray voted against a motion that would not allow Congress to repeal the health reform bill without a majority of members of the House and Senate agreeing to forgo federal benefits themselves. 241 DCCC Bilbray Research Book Last Updated 2/29/12 The motion to recommit instructed the repeal bill to be sent back to three committees and altered to require a majority of House and Senate members to give up federal health care benefits before repeal could take place. “Congress should live by the same rule it imposes on everyone else,” said Rep. Robert Andrews. “There are serious consequences of this bill and we believe that repealing it is unfair and just plain wrong. It would even be more wrong for those who support the repeal to live by a different standard.” [The Hill, 1/19/11] The bill failed, 185-245. [H.R. 2, Vote #13, 1/19/11] Voted to Keep Federal Health Care Benefits a Secret In January 2011, Bilbray voted against requiring the disclosure of whether Members were enrolling in the Federal Employees Health Benefits program. The bill failed, 238-191. [H Res 5, Vote #5, 1/05/11] Daughter Suffered from Cancer and Spoke Out in Favor of Medical Marijuana In 2011, Bilbray’s daughter, who suffered from cancer, spoke out in favor of medical marijuana even though Bilbray did not support dispensaries operating in local communities and opposed congressional efforts to reclassify marijuana for medical use. Bilbray was interested in the drug’s medicinal value but was not convinced. “If this is really the benefit that Briana believes, we should be able to scientifically prove it and make it available not just in California, but the rest of the country as well. But it should be based on science not on political pressure or slogans,” Brian Bilbray said. [Signs on San Diego, 11/12/11] Headline: Health issues have made Bilbray San Diego’s most Absent Representative In 2011, the website San Diego City Beat.com reported that Bilbray has missed roughly 9.4 percent, or 109 out of 1,157 floor votes over the past 6 quarters, as a result of his mother’s death, his own skin cancer and his daughter’s chemotherapy. According to SDCitybeat.com: Rep. Brian Bilbray is San Diego’s most absent member of Congress since January 2010. Bilbray’s spokesman said “It has been a difficult year for the Bilbray family… They’ve been dealing with a lot of personal family issues. Congressman Bilbray had a form of skin cancer surgically removed from his lip earlier in the year. His daughter, Briana Bilbray, has been diagnosed with stage three Melanoma and is currently undergoing chemotherapy. The Bilbray’s deal with challenges like many American families, when his family needs him the Congressman is there for them.” [Last Blog on Earth, San Diego City Beat.com, 7/15/11] Opposed Expansion of Children’s Health Care 242 DCCC Bilbray Research Book Last Updated 2/29/12 On January 14, 2009, Bilbray voted against the Children’s Health Insurance Program Reauthorization Act of 2009. The bill expands the successful federal-state program to cover millions more American Children. The bill provides for a $35 billion expansion of the program through FY 2013, increasing total spending of the program to roughly $60 billion. The expansion is offset primarily by raising cigarette taxes by 61 cents per pack. [CQ House Action Report, Legislative Week of January 12, 2009] The bill passed 289-139. [HR 2, Vote #16, 1/14/09] Opposed SCHIP due to Tobacco Tax Increase In January 2009, Bilbray released the following statement explaining his vote against an expansion of the State Childrens Health Insurance Program (SCHIP): While I strongly supported the original version of SCHIP, and even helped negotiate the original legislation that brought it about, this latest version gave me serious heartburn. In order to pay for it, this new bill requires a massive increase in tobacco tax revenues. In fact, that increase amounts to the need for more than 22 million new smokers so this version of SCHIP can be funded. And, who will be these new smokers? Children, the exact same people SCHIP is supposed to help. In addition to that, this bill gives health care benefits to 12-20 million illegal immigrants, complements of the American taxpayer. It is my sense that people shouldn’t play politics with children’s health care and that’s unfortunately exactly what this bill did. [State News Service, 1/16/09] Opposed Veto Override for SCHIP In 2008, Bilbray opposed overriding President Bush’s veto of the State Children’s Health Insurance Program (SCHIP). The vote fell 26 short of the two-thirds majority needed to pass. SCHIP would provide. The bill reauthorized SCHIP at nearly $60 billion over five years, expanding the program by $35 BILLION. To offset the costs it raised the tax on cigarettes by 61 cents, to $1 per pack and raised taxes on other tobacco products. The bill limited program eligibility to families earning three times the federal poverty level or less. It also required the Social Security Administration to verify the citizenship of all applicants and required states to phase out coverage of childless adults by the end of 2008. [CongressNow, 1/23/08] The override failed 260-152. [HR3963, Vote #22, 1/23/08] Voted to Block SCHIP Veto Override Attempt In 2008, Bilbray opposed a motion made by Rep. John Dingell (D-MI) to end debate and consider a veto override of the bill to reauthorize the State Children’s Health Insurance Program at nearly $60 billion over five years, expanding the program by $35 billion. [CQ Floor Votes, 1/23/08] The motion passed 217-195. [HR 3963, Vote #21, 1/23/08] 243 DCCC Bilbray Research Book Last Updated 2/29/12 Voted with Bush in Opposition to Reauthorizing and Expanding Children’s Health Insurance In 2007, Bilbray voted against an attempt to override President Bush’s veto of the bill that would reauthorize the State Children’s Health Insurance Program at nearly $60 billion over five years, expanding the program by $35 billion. To offset the cost of the expansion, the bill would increase the tax on cigarettes by 61 cents to $1 per pack and raise taxes on other tobacco products. The bill would provide coverage to pregnant women and dental coverage to children enrolled in the program. States would have to meet new requirements before being allowed to expand eligibility beyond 300 percent of poverty. It also would authorize $100 million to fund state outreach and enrollment efforts and establish a contingency fund for states with funding shortfalls due to increased enrollment. [CQ Floor Votes, 10/18/07] The bill failed 273-156. A two-thirds majority was required to override the veto. [HR 976, Vote #982, 10/18/07] Voted Against Expanding the State Children’s Health Insurance Program In 2007, Bilbray voted against an amendment that would reauthorize the State Children’s Health Insurance Program at nearly $60 billion over five years, expanding the program by $35 billion. To offset the cost of the expansion, it would increase the tax on cigarettes by 61 cents to $1 per pack and raise taxes on other tobacco products. The amendment would provide coverage to pregnant women and dental coverage to children enrolled in the program. States would have to meet new requirements before being allowed to expand eligibility beyond 300 percent of poverty. It also would authorize $100 million to fund state outreach and enrollment efforts and establish a contingency fund for states with funding shortfalls due to increased enrollment. [CQ Floor Votes, 9/25/07] The motion was agreed by a vote of 265-159. [HR 976, Vote #906, 9/25/07] Opposed Expansion of Children’s Health Care In 2007, Bilbray voted against the Children’s Health and Medicare Protection Act of 2007, legislation to expand the current State Children’s Health Insurance Program (SCHIP) by $47.8 billion. The bill expanded the current State Children’s Health Insurance Program (SCHIP) by $47.8 billion in order to bring 5 million children into the government health insurance program in addition to the 6.6 million children already enrolled. The measure also expanded the federal subsidy program for low-income Medicare beneficiaries, eliminates the current penalty for those enrolling late in the new Medicare prescription drug program, 244 DCCC Bilbray Research Book Last Updated 2/29/12 requires that the poorest Medicare beneficiaries be put in prescription drug plans that cover 95 percent of the 100 most used drugs, and makes permanent the program that helps low-income people pay their Medicare premiums. The White House threatened to veto the bill as an ill-advised expansion of government-run insurance.” [Congressional Quarterly House Action Reports, No. 110-21/July 31, 2007] According to the Washington Post, the bill included two “noteworthy innovations. It would focus additional federal health-care spending on ensuring that poor children eligible for coverage actually receive it. And it would end expensive and unnecessary subsidies for managed-care programs for seniors while making new efforts to help the poorest seniors.” [Washington Post, 7/30/07] The bill passed 225-204. [HR 3162, Vote #787, 8/01/07] Voted to Eliminate the Disease Prevention and Public Health Fund In 2011, Bilbray voted to repeal the Prevention and Public Health Fund which was created by the Affordable Care Act and would have received almost $18 billion dollars in the years to come. [Roll Call, 4/13/11] The goal of the Prevention and Public Health Fund was to provide funds to communities and states to prevent chronic diseases. [CQ House Action Report, 4/11/11] According to Dr. Jeff Susman, the Editor-in-Chief at the Journal of Family Practice, “[… T]his fund supports: training and development of primary care providers to use evidence-based interventions to address tobacco control, obesity prevention, and HIV-related health disparities; integration of primary care and behavioral health care; promotion of healthy lifestyles and activities aimed at reducing obesityrelated conditions and costs, including the First Lady’s “Let’s Move!” initiative; implementation of antitobacco media campaigns, telephone-based smoking cessation service, and outreach programs targeting vulnerable populations […] [Journal of Family Practice, Editorial, 5/01/11 ] The bill passed 236-183. [HR 1217, Vote #264, 4/13/11] Bilbray even voted against a motion which would have changed the funding for the Prevention and Public Health Fund from mandatory to discretionary spending and specified that the fund would be used for prevention, wellness and public health activities for people 65 and older. The motion failed 189-234. [HR 1217, Vote #263, 4/13/11] Voted to Cut Off Funding to Implement Health Care Reform Law In 2011, Bilbray voted to bar the use of funds to carry out the provisions of the 2010 health care reform bill and its reconciliation measures, or any amendment made by those laws. The amendment was adopted, 241-187. [HR 1, King amendment #267, Vote #98, 2/18/11] Bilbray also voted to prohibit the use of funds to pay the salary of any officer or employee of the federal government to implement the provisions of the health care reform bill. That amendment was adopted, 237-191. [HR 1, King amendment #268, Vote #99, 2/18/11] 245 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Historic Bipartisan Health Insurance Reform In 2009, Bilbray voted against the historic bipartisan Affordable Health Care for America Act. The bill was to reduce health care costs for the middle class, protect families’ health care choices, end discriminatory practices by insurance companies, and provide more security for seniors. [CQ Floor Votes, 11/07/09] The bill passed 220-215. [H.R. 3962, #887, 11/07/09] Crackdown on Insurance Industry The bill included a crackdown on the insurance industry, bans on lifetime limits, premium disparity based on health status and sex, and coverage denials based on preexisting conditions. It also ended a federal antitrust exemption that had protected firms from federal investigations. [Washington Post, 11/08/09] Help for the Middle Class The bill included subsidies to help households earning up to $88,000 annually for a family of four to purchase coverage. Young people allowed to stay on their parents plans until age 27. A historic Medicaid expansion that provided free health care to all Americans with incomes below 150 percent of the federal poverty level. [Washington Post, 11/08/09] Security for Seniors The bill included a provision to close the so called “doughnut hole” in Medicaid by 2019. [Chicago Tribune, 11/11/09] Flip: Voted Against Providing Health Care for 9/11 First-Responders In September 2010, Bilbray twice voted against providing compensation funding for victims of the Sept. 11 terrorist attacks, establishing a medical program and reopening funding for individuals exposed to harmful debris. The bill, formally titled the James Zadroga 9/11 Health and Compensation Act, was named after a New York Police Department detective who participated in the ground zero effort and died on symptoms common to first responders. Under the measure, the Department of Health and Human Services would run a 10-year program to treat and monitor those with medical problems from the debris exposure. The program would also research conditions that may be related to the exposure, as well as diagnostic methods and treatment. Enrollment would be capped at 25,000 patients at any time. The Congressional Budget Office estimated that the health care and compensation programs would increase spending by $7.4 billion and that New York would be required to cover 10 percent of the cost. Most Republicans opposed the bill over paying for it with revenue generated from placing limits on a tax rule that allows foreign-based companies to use tax treaties to shift income outside the United States and 246 DCCC Bilbray Research Book Last Updated 2/29/12 avoid higher tax rates. Texas Rep. Joe Barton referred to the program as a “brand new entitlement program.” [CQ Today, 9/29/10] The bill first failed to receive a two-thirds majority to pass, 255-159. [HR 847, Vote #491, 7/29/10] The bill passed later, 268-160. [HR 847, Vote #550, 9/29/10] Flop: Voted For 9/11 First Responders Health Funding In 2010, Bilbray voted for a bill to provide health care and compensation to people exposed to toxic material after Sept. 11, 2001. The compromise bill provided less money over a shorter term to compensate victims than earlier versions of the bill. The bill provided $1.5 billion over five years to treat and monitor individuals with medical conditions from exposure to the attacks. New York City would contribute 10 percent of the cost and the Victim Compensation Fund would reopen for five years for claims. Attorneys’ fees would be capped at 10 percent of the total award. The bill imposed a two percent fee on government procurement from foreign companies located in certain countries and a one year extension of fees outsourcing companies would have to pay for certain visas. “This should not be seen as a Democratic or Republican issue,” former New York City Mayor Rudy Giuliani said before the vote. “It shouldn’t even been seen as a fiscal issue. It’s a matter of morality, of obligation.” [CQ Today, 12/22/10] The bill passed, 206-60. [HR 847, Vote #664, 12/22/10] Voted to Cut Medicaid Assistance and Education Funding to States In 2010, Bilbray voted against extending increased Medicaid assistance and education funding to states. The bill extended the increased federal matching payments of the Federal Medical Assistance Percentage program provided for under the economic stimulus law for an additional six months. It also provided $10 billion in supplemental appropriations for education to assist in hiring and retaining teachers and other public school employees. The $26.1 billion cost of the bill was offset in part by terminating increased food stamp benefits, provided by the stimulus law, and by closing use of the foreign tax credit by multinational corporations. Closing those loopholes would raise approximately $10 billion in revenue. [CQ Bill Analysis, 8/11/10] The bill passed, 247-161, and the President signed the bill into law on August 10, 2010. [HR 1586, Vote #518, 8/10/10] Chose To Play Politics with Money for Troops and to Fight H1N1 Flu Pandemic 247 DCCC Bilbray Research Book Last Updated 2/29/12 In 2009, Bilbray voted against the Supplemental Appropriations Act of 2009. The measure included funding for American troops in Afghanistan and Iraq. Money to fight the H1N1 flu pandemic was included as well. The $106 billion measure also included $5 billion to support increased U.S. lending to the International Monetary Fund. [CQ Today, 6/16/09; CQ House Action Reports, 6/15/09] The measure passed 226-202. [H.R. 2346, #348, 6/16/09] Opposed Budget to Expand Children’s Health Insurance Coverage In 2008, Bilbray voted against a conference report that would establish the congressional budget for fiscal year 2009. The report would call for $3.1 trillion in spending in fiscal year 2009 and federal revenue totaling $2.7 trillion. The spending allowed for up to $1 trillion in discretionary spending for the fiscal year, plus $70 billion for the wars in Iraq and Afghanistan. [Congressional Quarterly] The bill would project a $22 billion budget surplus by fiscal year 2012. Democrats argued that it would also allow the budget to remain in balance in 2013 using estimates from the Congressional Budget Office. [CQ Today, 6/05/08; “Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] Republicans argued that the conference report for the budget was the largest tax increase in history, saying that the budget would increase taxes by at least $638 billion over the next five years. [“The Largest Tax Increase in History, However They Slice It,” Republican Caucus, The Committee on the Budget, 6/04/08] Specifically, the bill would accommodate up to a $50 billion increase to expand children’s health insurance to cover millions of uninsured children. This increase would be in accordance with the paygo rule. [“Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] The conference report passed 214-210. [S Con Res 70, Vote #382, 6/05/08] Opposed Funding for Global HIV/AIDS Program In 2008, Bilbray voted against a bill that would reauthorize funding for the President’s Emergency Plan for AIDS Relief (PEPFAR). The bill would reauthorize PEPFAR for $48 billion from fiscal year 2009 through fiscal year 2013, including $2 billion in fiscal year 2009 for the Global Fund to Fight AIDS, Tuberculosis and Malaria. The bill would also set aside $5 billion for malaria and $4 billion for tuberculosis. [CQ Today, 7/24/08] Additionally, the bill would repeal a ban on HIV-positive visitors to the United States and overturn an existing law requiring that one-third of the money for HIV prevention be spent on abstinence education. The bill would also include new linkages between AIDS and nutrition programs. [CQ Today, 7/24/08] The bill passed 303-115. [HR 5501, Vote #531, 7/24/08] Supported Mental Health Parity Bill In 2008, Bilbray voted for a bill that would require insurers to cover mental health conditions in the same manner as physical health conditions. 248 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would require insurers to cover treatment for mental ailments in the same manner as physical conditions. Co-pays, treatment limits and coverage in and out of insurers’ provider networks would be the same for mental ailments and physical conditions. [CQ Today, 9/23/08] The bill passed 376-47. [HR 6983, Vote #625, 9/23/08] Opposed Mental Health Parity Bill In March 2008, Bilbray voted against the Paul Wellstone Mental Health and Addiction Equity Act. The bill would require health insurers to offer mental health benefits equal in cost and scope to medical health benefits and to cover a wide variety of mental health conditions. The bill, sponsored by Rep. Patrick Kennedy (D-RI), would also bar insurers from requiring larger co-payments or imposing lower reimbursement ceilings for mental health conditions. Earlier, the White House issued a policy statement saying the administration opposed any bill that expanded mental health parity benefits beyond those laid out in the Senate legislation, which passed Sept. 18, 2007. [Congressional Quarterly Today, 3/05/08] The bill passed 268-148. [H Res 1014, Vote #101, 3/05/08] Voted to Weaken Mental Health Parity Bill In March 2008, Bilbray voted in favor of a motion to recommit the Paul Wellstone Mental Health and Addiction Equity Act with instructions that it be reported back immediately with language substituting the text of the Senate-passed bill (S 558), which would not specify what conditions insurers must cover. [CQ Floor Votes, 3/05/08] The House bill would require health insurers to offer mental health benefits equal in cost and scope to medical health benefits and to cover a wide variety of mental health conditions. [CQ Today, 3/05/08] The motion failed 196-221. [HR 1424, Vote #100, 3/05/08] Supported Partisan Delay of Mental Health Parity Bill In March 2008, Bilbray voted against motion to table (kill) an appeal of the ruling of the chair that a motion to recommit the Paul Wellstone Mental Health and Addiction Equity Act was not germane. The motion that was declared not germane would recommit the bill with instructions that it be reported back immediately with an amendment substituting the text of the Senate-passed bill (HR 3773), which would amend the Foreign Intelligence Surveillance Act. [CQ Floor Votes, 3/05/08] 249 DCCC Bilbray Research Book Last Updated 2/29/12 The motion passed 223-186. [HR 1424, Vote #99, 3/05/08] Voted to Block Mental Health Parity Bill In March 2008, Bilbray voted against adopting rules for debate for HR 1424, the Paul Wellstone Mental Health and Addiction Equity Act. The bill would require health insurers to offer mental health benefits equal in cost and scope to medical health benefits and to cover a wide variety of mental health conditions. [CQ Floor Votes, 3/05/08] The motion passed 209-198. [HR 1424, Vote #96, 3/05/08] Voted to Block Mental Health Parity Bill In March 2008, Bilbray voted against a resolution to allow a vote on HR 1424, the Paul Wellstone Mental Health and Addiction Equity Act. The resolution provided for floor consideration of the bill, which would require health insurers to offer mental health benefits equal in cost and scope to medical health benefits and to cover a wide variety of mental health conditions. [CQ Floor Votes, 3/05/08] The measure passed 215-192, allowing the bill to proceed to a vote. [HR 1424, Vote #94, 3/05/08] Opposed SCHIP with Senate Amendment In 2009, Bilbray voted against the State Children’s Health Insurance Program over four and a half years and increase funding by $32.8 billion. The final version of the bill provided $32.8 billion extra over the next four and a half years for the State Children’s Health Insurance Program (SCHIP). The bill included the removal of a five-year waiting period for legal immigrants to enroll in SCHIP or Medicaid. The expansion under the bill was largely funded by an increase in federal tobacco taxes including a 62-cent rise in the cigarette tax. The original house version called for a 61 cent increase. [CQ Today, 2/03/09] The motion passed 290-135 and the President signed the bill. [HR 2, Vote #50, 2/04/09] Opposed Funding for AIDS Relief in Africa In 2008, Bilbray voted against more than tripling the money available for a program fighting AIDS, malaria and tuberculosis in Africa and other stricken areas of the world. The bill authorized $10 billion a year, or $50 billion through 2013. Of that, $41 billion was for AIDS prevention and treatment, significantly expanding a program credited with saving more than 1 million lives in Africa alone in the largest U.S. investment ever against a single disease. $4 billion was marked for tuberculosis and $5 billion for malaria. 250 DCCC Bilbray Research Book Last Updated 2/29/12 The $41 billion includes up to $2 billion a year for the international Global Fund to Fight AIDS, Tuberculosis and Malaria. The bill limits U.S. contributions to the Global Fund to one-third of total contributions. The bill expands the AIDS program, originally focused on 15 mainly sub-Saharan African countries, to include Caribbean nations as well as Malawi, Swaziland and Lesotho in Africa. The bill increases coordination with drinking water and nutrition programs and efforts to educate girls and women. [Associated Press, 4/03/08] The bill passed 308-116. [HR 5501, Vote #158, 4/02/08] Voted to Block AIDS Funding for Africa In 2008, Bilbray voted against considering a bill that would triple the money available for a program fighting AIDS, malaria and tuberculosis in Africa and other stricken areas of the world. The bill authorized $10 billion a year, or $50 billion through 2013. Of that, $41 billion was for AIDS prevention and treatment, significantly expanding a program credited with saving more than 1 million lives in Africa alone in the largest U.S. investment ever against a single disease. $4 billion was marked for tuberculosis and $5 billion for malaria. [Associated Press, 4/03/08] The rule was adopted 221-192. [HR 5501, Vote #155, 4/02/08] Voted to Cut Funding for AIDS Relief In 2008, Bilbray voted in favor of reducing the amount of spending authorized for a program fighting AIDS, malaria and tuberculosis in Africa and other stricken areas of the world. The vote came on a motion to recommit the bill to the Foreign Affairs Committee was offered by lawmakers unhappy with the $50 billion price tag. The motion would send the bill back to committee with instructions that it be reported back with language that would reduce the bill’s authorization levels from $50 billion to $30 billion. [Associated Press, 4/03/08; CQ Floor Votes, 4/02/08; Washington Post, 4/03/08] The motion was rejected 175-248. [HR 5501, Vote #157, 4/02/08] Opposed Allowing Doctors, Not Insurers, to Make Medical Decisions In 1998, Bilbray voted against a motion to recommit the Republican managed care bill with instructions to report it back with an amendment that would have allowed only doctors and not health insurance plans to decide what was considered medically necessary. [CQ Floor Votes, 7/24/98] The motion was defeated 205-221. [HR 4250, Vote #338, 7/24/98] 251 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Grants for Children’s Emergency Medical Services In 2008, Bilbray voted in favor of a bill that would reauthorize the federal Emergency Medical Services for Children (EMSC) program, also known as the Wakefield Act. The bill would extend the length of time for which grants may be awarded for projects that improve children’s emergency medical services from three years to four years and was supported by many medical and emergency medicine associations. [CQ Floor Votes, 4/08/08; States News Service, 4/08/08] The bill passed 390-1. [HR 2464, Vote # 162, 4/08/08] Supported Grants for Brain Injury Research and Rehabilitation In 2008, Bilbray voted in favor of a bill that would reauthorize research and rehabilitation grants to states for traumatic brain injury treatment. Specifically, the bill would renew a Centers for Disease Control and Prevention program that funds state programs for the tracking and reporting of brain injuries. It would also reauthorize a Health Resources and Services Administration grant program that funds state brain injury rehabilitation programs. [CQ Today, 4/08/08] The bill passed 392-1. [S 793, Vote # 163, 4/08/08] Voted Against Cuts to Substance Abuse and Mental Health Services by $98 Million In 2011, Bilbray voted for an amendment that would increase funding for Low Income Home Energy Assistance Programs (LIHEAP) by $50 million. The amendment would reduce funding for substance abuse and mental health services at the Substance Abuse and Mental Health Services Administration by $98 million. The amendment was rejected, 104-322. [HR 1, Bass amendment #565, Vote #71, 2/17/11] Supported Bill to Reduce Number of New Smokers In 2009, Bilbray voted for a bipartisan effort to give the Food and Drug Administration (FDA) new authority to regulate the advertising, marketing, and manufacturing of tobacco products. [CQ Floor Votes, 6/12/09] According to the Centers for Disease Control and Prevention (CDC), tobacco accounts for approximately 443,000 deaths annually. [Annual Deaths Attributable to Cigarette Smoking—United States, 2000–2004] The bill passed 307-97. [H.R. 1256, #335, 6/21/09] Supported Consistency in Mental Health Coverage In 2008, Bilbray voted in favor of a bill that would extend a mental health benefits law through 2008 while lawmakers prepare a broader parity measure. 252 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would extend current provisions of a 1996 law that barred group health plans that offer mental health coverage from setting different lifetime or annual dollar limits for such treatment than those imposed for treating other illnesses. [Congressional Quarterly; Congressional Quarterly Weekly, 2/09/08] The bill passed 384-23. [HB 4848, Vote #35, 2/07/08] Supported Patients’ Bill of Rights in 1999 In 1999, Bilbray voted for the bipartisan Patients’ Bill of Rights, which would give patients much-needed protection against the managed care and HMO abuses. The bill required health plans to cover emergency care when a “prudent layperson” could reasonably believe such care was required. Health plans would have to allow direct access to gynecological and pediatric care. The bill also established an internal and external appeals process to review denial of care. Patients or their estates would have the right to sue their health plan in state courts when they make negligent decisions that result in injury or death of patients. [CQ Floor Votes, 10/07/99] The bill passed 275-151. [HR 2723, Vote #490, 10/07/99] Supported Patients’ Bill of Rights in 1998 In 1998, Bilbray voted for the Dingell / Ganske Patients’ Bill of Rights. The Patients’ Bill of Rights would cover 150 million Americans and: Guaranteed access to specialists Guaranteed minimum hospital stays for mastectomy patients Guaranteed patients a choice of doctors Guaranteed direct access to OB-GYNs as primary care doctor Guaranteed access to needed prescriptions The amendment was defeated 212-217. [HR 4250, Vote #336, 7/24/98] Opposed HMO Bill That “Clearly Favors Insurance Companies” In 1998, Bilbray voted against a watered-down Republican health insurance reform plan in lieu of the bipartisan Patients’ Bill of Rights. The American Medical Association said that the Republican bill “clearly favors insurance companies at the expense of patients… HR 4250 allows health plans to continue to decide what is medically necessary. And perhaps most importantly, the house-approved bill does not hold health 253 DCCC Bilbray Research Book Last Updated 2/29/12 insurance plans accountable if they insist on making medical decisions.” [AMA Press Release, 7/24/98] The bill passed 216-210. [HR 4250, Vote #339, 7/24/98] Supported CHIP Program In 1997, Bilbray voted for a budget deal that included a $24 billion block grant program to help states improve health coverage for uninsured children. The children’s health care program is paid for in part by a federal tobacco tax increase of 15 cents per pack over five years. In addition, the budget restored Supplemental Security Income (SSI) and Medicaid benefits to certain legal immigrants. The budget cut projected entitlement spending by about $140 billion, including a $115 billion reduction in Medicare, in order to provide for a balanced budget by fiscal 2002. [CQ Floor Votes, 7/30/97] The budget passed 346-85. [HR 2015, Vote #345, 7/30/97] Supported Emergency Funding for Children’s Health Care In 2007, Bilbray voted for an emergency appropriations bill that included $650 million for the State Children’s Health Insurance Program. This funding will be used to eliminate a shortfall in the SCHIP program projected by the nonpartisan Congressional Budget Office in Alaska, Georgia, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, Rhode Island and Wisconsin. This funding was requested by the governors of these 11 states – both Republicans and Democrats. This urgently-needed funding will prevent potentially hundreds of thousands of children in these 11 states from losing their health insurance or having their health coverage scaled back in the next few months. [Leadership Document, 5/31/07] The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $7.7 billion for military operations in Iraq and Afghanistan, $3.1 billion for military base closure expenses, $1.8 billion for veterans’ medical care, $3 billion for agriculture disaster relief, $2.9 billion for hurricane relief and $1.1 billion for anti-terrorism homeland security activities. The measure also included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] Supported Allowing Insurers to Cancel Coverage Based on an Employee’s Health 254 DCCC Bilbray Research Book Last Updated 2/29/12 In 1996, Bilbray voted against an amendment to assure insurance portability and prohibit insurers from canceling or refusing coverage based on an employee’s health. The amendment increased to 80 percent the share of health insurance costs that self-employed taxpayers may deduct. [CQ Floor Votes, 3/28/96] The amendment was defeated 192-226. [HR 3103, Vote #104, 3/28/96] Supported Portability Measure Including Medical Savings Accounts In 1996, Bilbray voted in favor of a bill that guaranteed insurance portability and prohibited insurers from canceling or refusing coverage based on an employee’s health. The bill also included provisions to establish medical savings accounts and limit damage awards in medical malpractice lawsuits for pain and suffering damages to $250,000 and punitive damages to $250,000. [CQ Floor Votes, 3/28/96] The bill passed 267-151. [HR 3103, Vote #106, 3/28/96] 255 DCCC Bilbray Research Book Last Updated 2/29/12 Health Care Issues – Stem Cell Research Significant Findings Supported Ban on Human Cloning Supported Stem Cell Research Bilbray voted for a ban on human cloning. He is a supporter of stem cell research and voted to override President Bush’s veto of legislation to expand the research. Supported Ban on Human Cloning In 2007, Bilbray voted for a bill to prohibit reproductive human cloning and transporting human somatic cell nuclear transfer technology intended for human cloning. Under the bill, violators would be subject to fines of up to $10 million and up to 10 years in prison. The bill’s sponsor, Congresswoman Diana DeGette (D-CO) argued that there is no federal law preventing irresponsible individuals from conducting research in an attempt to achieve human reproductive cloning. “The most effective way to prevent human reproductive cloning in the United States is to pass a federal prohibition on this practice and impose severe penalties for doing so,” DeGette said of the bill. “Our bill would make it illegal to use cloning technology to initiate a pregnancy and thereby create a cloned human being.” [Congresswoman Diana DeGette press release, 6/06/07] President Bush opposed the bill. A two-thirds majority of those present and voting (278 in this case) was required for passage under suspension of the rules. [CQ Floor Votes, 6/06/07] The measure was defeated 204-213. [HR 2560, Vote #439, 6/06/07] Conservative Groups Trashed Ban However, conservative groups took an opposing view. National Right to Life described the bill as a “stealth attempt by Democratic leadership to pass ‘clone-and-kill’ bill.” “But, of course, the ‘ban’ did nothing of the sort,” Right to Life argued. “In excruciatingly careful language, the thoroughly hidden objective was to pave the way for large-scale cloning of human 256 DCCC Bilbray Research Book Last Updated 2/29/12 embryos--cloned human embryo farms… H.R. 2560 would allow -- indeed, it is carefully constructed to encourage -- the creation of any number of cloned human embryos. H.R. 2560 would allow development of these cloned human embryos (individual members, male or female, of the species Homo sapiens) in the laboratory, perhaps even for weeks, so that they can be killed in order to harvest their stem cells or used in other research that will kill them -- a practice opposed by about 75 percent of the public.” [National Right to Life, 6/07/07] Recruited Bipartisan Support for Stem Cell Research Funding Bill In 2011, Bilbray recruited ten co-sponsors to his Regenerative Medicine Promotion Act of 2011. The bill would allow federal grants for, academic, private and regulatory stem cell research. Seven of the co-sponsors were Democrats, and three were Republicans. [Genetic Engineering & Biotechnology News, 7/20/11] Voted to Protect Stem Cell Research Bill In 2007, Bilbray voted in favor of a motion to commit legislation to allow for the use of federal funds in research on embryonic stem cell lines to the Energy and Commerce Committee. The motion would have committed the bill to Committee with instructions that it be reported back with language that would remove the section of the bill allowing federal funding for embryonic stem cells, but would allow funding for research on “embryonic-like” cells. [CQ Floor Votes, 6/07/07] According to stem cell research-supporter Congresswoman Rosa DeLauro, the motion would have gutted the bill. “What it does, it strips out the embryonic stem cell research portion of the bill, which of course is the bill,” DeLauro said in opposition to the motion. “Instead, it simply leaves the section that also encourages alternative forms of research. So any Member of this House who supports embryonic stem cell research and who has voted for it in the past must oppose this motion to commit. Let me say it again: What this motion to commit does, it strips the embryonic stem cell research out of the bill.” [Congressional Record, 6/07/07; Page: 6141] The motion was defeated 180-242. [S 5, Vote #442, 6/07/07] Voted for Stem Cell Research In 2007, Bilbray voted for bipartisan legislation to allow for the use of federal funds in research on embryonic stem cell lines derived from surplus embryos at in vitro fertilization clinics, but only if donors give their consent and are not paid for the embryos. [CQ Floor Votes, 6/07/07] The bill passed 247-176. [S. 5, Vote #443, 6/07/07] Voted for Stem Cell Research In 2007, Bilbray voted for the Stem Cell Research Enhancement Act, which increased the number of “lines” of stem cells that would be eligible to be used in federally funded research. 257 DCCC Bilbray Research Book Last Updated 2/29/12 It required that any stem cells used in research must be from embryos from in vitro fertilization clinics that would otherwise be discarded. The measure was identical to the bill vetoed by President Bush in 2005. The bill was supported by those who believe that the availability of more stem cells for research purposes will accelerate progress toward finding cures and treatments for a wide variety of diseases. It was opposed by those who contend that widened embryonic stem cell research will result in the destruction of human life, and is unnecessary because there are more promising research alternatives than using human embryos. [Chicago Tribune, 1/12/07; Los Angeles Times, 1/12/07] The bill passed 253-174. [HR 3, Vote #20, 1/11/07] Voted to Override Veto of Bill to Expand Federal Funding of Stem Cell Research In 2006, Bilbray voted for an attempt to override President Bush’s veto of a bill that would expand federal funding of embryonic stem cell research. The bill would authorize federal funds to be used for research on embryonic stem cell lines derived from surplus embryos at in vitro fertilization clinics that would otherwise be discarded. Current policy allows federal funds to be used for research only on those stem cell lines that existed when President Bush issued an executive order on August 9, 2001. This bill attempted to lift that restriction. According to a USA Today editorial, “The bill Congress sent to Bush wouldn’t create embryos solely to destroy them. Rather, it simply would allow federal research on embryos from fertility clinics that would otherwise be discarded. The families that donated the embryos have given their consent to use them for research…The price of Bush’s threatened veto might well be paid in the suffering of millions of people. It’s hard to believe that he, and those in Congress who support his stance, consider this to be the ‘pro-life’ position.” The attempt to override the veto, which required a two-thirds majority to pass, was defeated 235-193. [HR 810, vote #388, 7/19/06; Leadership Document, “Congress Should Override the President’s Veto of the Stem Cell Research Enhancement Act,” 7/19/06] Voted for the Early Ban on Federal Funding for Stem Cell Research In 1995, Bilbray voted for a 1995 appropriations bill which banned federal money from being used for biomedical research involving human embryos outside the womb. [CQ Weekly, 9/02/95; HR 2127, Vote #626, 8/04/95] Bilbray Voted Against Removing the Ban from the Bill In 1995, Bilbray voted against an amendment to strike legislative language that prohibited funding for research on human embryos. [CQ Floor Votes, 8/02/95; HR 2127, Vote #611, 8/02/95] NOTE: The amendment also included language on other issues. 258 DCCC Bilbray Research Book Last Updated 2/29/12 Immigration and Border Issues Significant Findings Claimed “Unqualified Voters” Committed Voter Fraud Campaign Focus in 2006 Opposed Immigration Reform Opposed Birthright Citizenship Voted to Cut Emergency Medical Care for Illegal Immigrants Bilbray is strongly opposed to illegal immigration and frequently warns of the threat of voter fraud by “unqualified voters.” A former lobbyist for an antiimmigration reform organization, Bilbray’s 2006 special election run focused heavily on opposing proposed comprehensive immigration reform. Bilbray would end birthright citizenship for the children of illegal immigrants. As a County Supervisor, Bilbray voted to cut funding of emergency medical care for illegal immigrants. Mocked Letters During Immigration Debate In 1996, Bilbray was criticized for displaying letters in his Washington, D.C., office from Latinos concerned about immigration reform. The letters that were put on public display were ridiculed for their misspellings and typos. [La Jolla Light, 8/22/96] Claimed “Unqualified Voters” Committed Voter Fraud During a Tea Party meeting, Bilbray attacked the threat of voter fraud. “The challenge of our generation is qualified voters having their vote canceled out by unqualified voters,” said Bilbray. [San Diego UnionTribune, 11/25/11] If I can suggest one thing, one of the things we’ve got to focus on is the integrity of the list, the voters’ list. And so I think one project that we could work on between now and election is calling down the list of those who are registered, and do something you did in Los Angeles, just ask them, ‘Where were you born?’ and if they were born out of the country, ‘When did you become a citizen.’ And I think you will be absolutely shocked how many people will openly and freely say, ‘Well I haven’t become a citizen.’ Because you don’t understand, that you got people paid to collect signatures and they sit there and say, ‘Go ahead and sign, go ahead and sign,’ and the declaration of the top says, ‘I’m qualified to be a voter.’ And they sign it. [Bilbray at San Diego Tea Party, via youtube.com, accessed 11/29/11] 259 DCCC Bilbray Research Book Last Updated 2/29/12 San Diego Union-Tribune Endorsed Bilbray’s “Sensible Stance” on Immigration In a May 2006 editorial, the San Diego Union-Tribune endorsed Bilbray’s candidacy for his stance on immigration: We certainly do not support all of Bilbray’s immigration proposals. But he embraces a much more sensible stance than Busby. On this vital issue alone, we believe Bilbray is the better candidate to serve the 50th Congressional District. [San Diego Union-Tribune, Editorial, 5/17/06] Wanted to Eliminate Birthright Citizenship for Children of Illegal Immigrants In 2011, a constitutional law professor wrote that Bilbray wanted to eliminate birthright citizenship for the children of undocumented immigrants. The declaration of “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” of the 14th Amendment offended Bilbray. [Op-ed, Michal R. Belknap, California Western School of Law, Sign on San Diego, 7/08/11] Voted to Stop Paying for Emergency Medical Care Bills for Illegal Immigrants In November 1993, Bilbray voted for San Diego County to stop paying emergency medical care bills for illegal immigrants, saying that the responsibility should shift to the federal government. “The biggest deadbeat dad in the country is the federal government,” said Bilbray. “They’ve just walked away from the illegal immigration problem. We’re tired of supporting the federal kid.” [Los Angeles Times, 11/10/93] Criticized Bank of America Plan to Offer Credit Cards to Immigrants Without Social Security Numbers In February 2007, Bilbray responded to a plan by Bank of America to offer credit cards to immigrants without Social Security numbers and said: “It’s illegal for a landlord to do it, it’s illegal for an employer to do it, and it should be illegal for financial institutions to do it.” [Los Angeles Times, 2/26/07] Criticized GOP on Elian Gonzalez In January 2000, Bilbray criticized his own party’s leadership for their willingness to support Congressional intervention in the case of Elian Gonzalez. “I hate communism, but I love the relationship between a father and a son more,” said Bilbray. “Personally, (Elian) would be better off here, but I don’t think Congress should have a choice in the matter. It’s a classic example of government sticking its nose in a family’s business.” [San Diego Union-Tribune, 1/27/00] Said Legacy of 9/11 Attacks Should Be Immigration Reform In 2011, at a 9/11 commemoration ceremony Bilbray said that the legacy of the 9/11 terrorists attacks should be immigration reform. He supported stiff immigration reform and said public entities issued government identification to those without proper immigration status “under the guise of this is what America is about.” [North County Times, 9/11/11] 260 DCCC Bilbray Research Book Last Updated 2/29/12 Supported E-Verify Bill, Argued Would Not Harm Farming In 2011, Bilbray supported E-Verify in the House, despite critics who argued it would harm the agriculture industry. Bilbray said, “The profit in the agriculture industry does not trump American rule of law.” He continued, “Just because employers have broken the laws over the past 10 years doesn’t give them the right (to continue).” Bilbray also favored a guest worker program to aid the agriculture industry. [North County Times, 7/16/11] Criticized by Immigration Reform Group for Supporting E-Verify In 2011, Immigration reform advocate Frank Sherry wrote that Bilbray favored E-Verify because he saw it as a method toward the mass deportation of California’s undocumented workforce. Bilbray has staked out a clear and consistent position against sensible immigration reform and in favor of draconian, enforcement-only policies. Bilbray tried to sell E-Verify as a jobs bill, theorizing that once the undocumented immigrants are removed from the fields, unemployed Americans would swoop in to take on the farm jobs. [Op-ed, Frank Sherry, Founder and Executive Director of America’s Voice, California Progress Report, 7/15/11] Said the President Needed to Make E-Verify Mandatory to Discourage Illegal Aliens in the Country and Work Force In May 2011, Bilbray participated in an Immigration Reform Debate with John King and Rep. Gutierrez. During the debate, Bilbray was asked, “[i]f the president starts to use his executive authority to help people who are being sent home with family members here, do you have a problem with that?” Bilbray said, “No, we have a problem with anybody that wants to announce that we’re going to reward people for being illegally in this country. And we want to get off of this amnesty kick and get over to where we really got common ground, and that’s issues like the president has expanding E-verify.” Bilbray said the President “should make it mandatory for businesses to E-verify if they want a business deduction. That’s common ground we can all agree on, is that we should eliminate the tax deduction for employers who hire illegals.” Washington needed to gain the American people’s trust before it asked the people to trust them with other issues, especially when talked “about creating special status and protection for those who are illegally in the country,” Bilbray said. [Real Clear Politics, 5/09/11] Said Real Source of Illegal Immigrations Was to Focus on Illegal Employers Instead of the Borders In May 2011, Bilbray participated in an Immigration Reform Debate with John King and Rep. Gutierrez. When King asked if Obama improved border security he said no. “The president has got to understand the border is a symptom of the problem. Not until he requires every employer to E-verify, to make sure no American is encouraging illegal immigration by hiring illegals.” 261 DCCC Bilbray Research Book Last Updated 2/29/12 He went on to say that illegal’s employers were the real source of the problem. “If we all, Democrats and Republicans, focused on the source, the illegal employers, that’s the one place we should be able to all agree on that we shouldn’t allow anybody to make a buck and be able to exploit the illegals by hiring them. And once we eliminate that, we won’t have to be sending our resources to the border, because there won’t be people wanting to come here illegally because there will be no jobs for ‘em here when we get here.” [Real Clear Politics, 5/09/11] Opposed Starting Process for Puerto Rican Statehood In 2010, Bilbray voted against starting the process for possible Puerto Rican statehood. The bill authorized the island’s government to conduct a plebiscite asking Puerto Ricans to choose between retaining its status as a U.S. commonwealth or seeking a new political designation. If a majority supported a new status, a second vote would give residents four options: statehood, full independence, or independence with a special political association with the United States. [CQ Today, 4/29/10] The bill passed, 223-169. [HR 2499, Vote #242, 4/29/10] Voted Against Preventing Illegal Immigrants from Being Employed on School Worksites In 2008, Bilbray voted against an amendment that would make charter schools eligible for funding, bar states from counting the grants against schools when calculating state aid eligibility. [CQ Floor Votes, 6/04/08] Section 309 of the amendment dictated that no funds provided under the legislation could be used in the employ of illegal immigrants and mandated that all local educational agencies must have a background check policy for all employees in order to be eligible for funds. [Congressional Record, H4948, 6/04/08] The amendment passed, 260-151. [HR 3021, Vote # 374, 6/04/08] Voted to Deny Financial Assistance for Illegal Immigrants In May 2008, Bilbray voted in favor of an amendment to a bill providing grants and loans to rehabilitate foreclosed properties. The amendment clarified that illegal immigrants would be ineligible for financial assistance under the bill. [CQ Floor Votes, 5/08/08] The underlying legislation would authorize a loan and grant program for the purchase and rehabilitation of owner-vacated, foreclosed homes. Of the funds, $7.5 billion would be for loans, and $7.5 billion would be for grants. [CQ Bill Analysis, HR 5818] The amendment passed 391-33. [HR 5818, Vote #297, 5/08/08] Voted to Ban Illegal Immigrants from Public Housing In 2008, Bilbray voted in favor of a bill that would require all housing units built as of January 1, 2005 to be replaced at a one-for-one rate if demolished. 262 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would also clarify that those illegally in the United States would not be eligible for public housing funded by HOPE VI grant money. [CQ Floor Votes, 1/17/08] The bill passed 388-20. [HR 3524, Vote #12, 1/17/08] Voted to Ban Illegal Immigrants from Receiving Small Business Grants In 2008, Bilbray voted in support of an amendment to the Small Business Act that prohibited Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program awards from going to businesses that have repeatedly hired or recruited illegal immigrants. [CQ Floor Votes, 4/23/08] The amendment was adopted 406-0. [HR 5819, Vote #215, 4/23/08] Voted to Deny Tax Credits to Illegal Immigrants In 2008, Bilbray voted in favor of a motion to recommit on a bill that would make revisions to certain record-keeping requirements in the tax filing process. The motion would have added language to the bill aimed at preventing so-called “sanctuary cities,” or cities which do not report illegal immigrants to the federal government, from issuing tax-exempt debt. The motion would have also increased IRS efforts to prevent illegal immigrants from claiming the earnedincome tax credit. [CQ Today, 4/15/08] The motion was rejected 210-210. [HR 5719, Vote # 189, 4/15/08] Voted To Bar Lawsuits against Employers Requiring Employees to Speak English In 2007, Bilbray voted in favor of a motion that would instruct House conferees to accept a section of the Senate-passed bill that would bar the Equal Employment Opportunity Commission from suing employers for requiring employees to speak English. [CQ Floor Votes, 11/08/07] The motion was agreed to by a vote of 218-186. [HR 3093, Vote#1076, 11/08/07] Voted to Prohibit Housing Assistance for Illegal Immigrants In 2007, Bilbray voted in favor of a motion that would instruct House conferees to insist on including in the conference report provisions prohibiting the use of funds in the bill to hire or provide housing assistance to illegal immigrants. [CQ Floor Votes, 11/08/07] The motion was agreed to by a vote of 397-16. [HR 3074, Vote #1067, 11/08/07] Voted to Require ID Verification for Mortgage Applicants In 2007, Bilbray voted in favor of a motion that would require that the bill require a creditor to verify the identity of an individual seeking a residential mortgage. [CQ Floor Votes, 11/15/07] 263 DCCC Bilbray Research Book Last Updated 2/29/12 The motion was rejected 188-231. [HR 3915, Vote # 1117, 11/15/07] Voted to Require Government ID to Qualify for Affordable Housing In 2007, Bilbray voted in favor of a motion to recommit on the Federal Housing Administration Lending Revisions bill that would request language that would require any individual or household receiving money from the affordable-housing fund to present verification of legal residency by a government-issued identification document. [CQ Floor Votes, 9/18/07] This motion failed 209-216. [HR 1852, Vote # 875, 9/18/07] Voted to Block Funds for Illegal Immigrants In 2007, Bilbray voted in favor of a motion to recommit to fiscal year 2008 Agriculture appropriations bill with instructions that it be reported back promptly with language that would prohibit the use of funds in the bill to employ illegal immigrants or to provide rental housing assistance to an illegal immigrant not qualified to receive such assistance. [CQ Floor Votes, 8/02/07] According to Congresswoman Rosa DeLauro (D-CT), who opposed the motion, the measure was little more than an attempt to stall the bill because there were no funds in the bill that would apply to motion. “There are no funds in this bill which would authorize any actions for illegal aliens; not for rural housing, not for employment, not for any of the activities funded under this bill,” DeLauro said on the floor of the House. [Congressional Record, 8/02/07; Page 8649] The motion was defeated 212-216. [HR 3161, Vote #814, 8/02/07] Voted to Prevent Illegal Immigrants from Gaining Access to SCHIP In 2007, Bilbray voted in favor of a motion to authorize the State Children’s Health Insurance Program for one year and block illegal immigrants from gaining access to the program. The motion included language to continue the enforcement of the five-year waiting period for illegal immigrants to get into the program and required citizenship documentation for eligibility purposes. The underlying bill that the motion sought to amend already included language preventing illegal immigrants from using SCHIP. [CQ Weekly, 8/06/07] The language also eliminated proposed cuts to Medicare providers and Medicare Advantage plan payments. [CQ Floor Votes, 8/01/07] Those cuts were targeted at private health plans. Under the Medicare Advantage, the plan pays about 12 percent more per beneficiary than traditional Medicare costs, according to CBO and the Medicare Payment Advisory Commission, which has recommended reducing the imbalance. [CQ Weekly, 8/06/07] The motion was defeated 202-226. [HR 3162, Vote #786, 8/01/07] 264 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Cut Funding for Law Enforcement to Increase Criminal Alien Assistance Funds In 2007, Bilbray voted in favor of a motion to recommit the fiscal year 2008 appropriations bill for the Departments of Commerce and Justice to increase funding for the State Criminal Alien Assistance Program. The motion would have recommitted the bill to the Appropriations Committee with instructions that it be reported back promptly with language to provide additional funding for the Department of Justice immigration law enforcement capabilities and the State Criminal Alien Assistance Program. [CQ Floor Votes, 7/26/07] The motion provided no specific means for how to increase the funding, or what would be used to offset the increased funds. However, because the motion called for increased funding for the program, it would have resulted in cuts to other law enforcement funding in the bill “Indeed, if this motion to recommit were passed and were acted upon, we would have to go back and cut State and local law enforcement, FBI, DEA, and meth programs,” said Congressman Alan Mollohan (DWV). “We would have to cut law enforcement funding that puts police on the streets, that hires additional FBI agents, additional DEA agents, and funds meth programs.” [Congressional Record, 7/26/07, Page H8673] The motion was rejected 209-215. [HR 3093, Vote #743, 7/26/07] Supported Increased Funds for Keeping Criminal Aliens Behind Bars In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Commerce-Justice-Science Appropriations bill to increase funding for the State Criminal Alien Assistance Program by $55 million. The State Criminal Alien Assistance Program provides federal payments to states and localities that incur correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. [State Criminal Alien Assistance Program, usdoj.gov] The increased funding was offset by a reduction of $25 million for the Commerce Department’s salaries and expenses account, $25 million for the Justice Department’s general administration account and $5 million for the FBI construction account. [CQ Floor Votes, 7/25/07] The amendment passed 388-39. [HR 3093, Vote #725, 7/25/07] Supported Increased Funding for Southwest Border Prosecutors In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Commerce-Justice-Science Appropriations bill to increase funding for the State and Local Law Enforcement Assistance Fund’s Southwest Border Prosecutor Initiative. 265 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment increased funding for the program by $10 million, offset by a reduction of the same amount for the Census Bureau’s Periodic Censuses and Programs. [CQ Floor Votes, 7/25/07] According to the amendment’s sponsor, Congresswoman Shelly Moore Capito (R-WV), “The Southwest Border Prosecutor Initiative helps relieve border communities of the steep costs of Federal drug prosecutions.” [Statement of Congresswoman Shelly Moore Capito, Congressional Record, 7/25/07, Page H8435] Democrats in Congress had originally proposed $30 million for the program, while President Bush had requested no funding. [Statement of Congressman Alan Mollohan, Congressional Record, 7/25/07, Page H8435] The amendment passed 229-196. [HR 3093, Vote #722, 7/25/07] Voted to Block Lawsuit Against Companies that Require Employees to Speak English In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Commerce and Justice to bar the use of funds in the bill by the Equal Employment Opportunity Commission to commence litigation against employers on the grounds that they require employees to speak English. [CQ Floor Votes, 7/26/07] The amendment was defeated 202-212. [HR 3093, Vote #734, 7/26/07] Opposed U.S.-Mexican Freeway In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Transportation appropriations bill that would bar the use of funds in the bill for participation in working groups on a proposed U.S.-Mexican freeway. [CQ Floor Votes, 7/24/07] The amendment passed 362-63. [HR 3074, Vote #707, 7/24/07] Voted to Require Student Aid Forms to be in English In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to require student aid forms to be in English-only. The amendment would have barred the use of funds in the bill by the Education Department to provide or process the Free Application for Federal Student Aid form in any language other than English. [CQ Floor Votes, 7/19/07] The amendment was defeated 191-233. [HR 3043, Voted #676, 7/19/07] Voted to Prevent Illegal Immigrants from Receiving Social Security In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to prevent implementation of a totalization agreement between the United States’ and Mexico’s Social Security systems. 266 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment barred the use of funds in the bill by the Social Security Administration to compensate employees who administer Social Security benefit payments under any agreement between the United States and Mexico that establishes arrangements between the two nations’ social security benefits systems. [CQ Floor Votes, 7/19/07] The amendment was aimed at blocking illegal immigrants from receiving Social Security benefits through a loophole in the Social Security totalization agreement between the United States and Mexico. According to the amendment’s sponsor, Congressman Phil Gingrey (R-GA), “Our totalization agreement with Mexico threatens the Social Security Trust Fund by allowing Mexican workers in the U.S. to claim Social Security benefits and vice versa.” Gingrey claimed his amendment would prohibit funding for the current totalization agreement, which was signed in 2004. [Congressman Phil Gingrey press release, 7/19/07; Arizona Republic, 6/26/04] Opponents of the amendment said that there is no way under existing law that anyone who does not have authorization to work in this country, including undocumented immigrants, qualify for receipt of Social Security benefits. [Statement of Congressman Xavier Becerra, Congressional Record, 7/18/07; Page H8108] The amendment passed 254 – 168. [HR 3043, Vote #673, 7/19/07] Voted to Require Valid Social Security Number for Mortgages In 2007, Bilbray voted in favor of an amendment to prohibit Fannie Mae, Freddie Mac and the Federal Home Loan Banks from obtaining primary residential mortgages that were granted to any individuals who do not have a valid Social Security number. According to Congressional Quarterly Today, the amendment was aimed at preventing illegal immigrants from benefiting under the legislation. [Congressional Quarterly Today, 5/22/07] The amendment passed 217-205. [HR 1427, Vote #391, 5/22/07] Voted to Require Proof of Citizenship to Obtain Housing Funds In 2007, Bilbray voted in favor of an amendment to require all owners or renters of housing built with money from the proposed affordable-housing trust fund to prove legal residency. According to Congressional Quarterly Today, the amendment was aimed at preventing illegal immigrants from benefiting under the legislation. [Congressional Quarterly Today, 5/22/07] The amendment passed 235-188. [HR 1427, Vote #387, 5/22/07] Supported Automated Risk Assessment System at the Border In 2007, Bilbray voted in favor of a motion to recommit the fiscal year 2008 Department of Homeland Security authorization bill that would recommit the bill to the Homeland Security Committee with 267 DCCC Bilbray Research Book Last Updated 2/29/12 instructions that it be immediately reported back with language that would allow the Homeland Security Department secretary to authorize the Automated Targeting System to be deployed at the border. [CQ Floor Votes, 5/09/07] The Automated Targeting System is an automated system helps that coordinates information from available sources and allows Customs officials to perform risk assessments of people entering the United States. The system would collect information to perform risk assessments of people entering the United States. According to the motion’s sponsor, Congressman Charlie Dent (R-PA), the 9/11 Commission recommended such a system in order to target particular, identifiable suspects or indicators of risk and give border officials the resources to establish that people are who they say they are, intercept identifiable suspects, and disrupt terrorist operations. [Congressman Charlie Dent press release, 5/09/07] Opponents of the measure, however, noted that the funding to implement the program would divert funding from the soon-to-be implemented US-VISIT system, which will biometrically check aliens who are entering the United States. [Congresswoman Zoe Lofgren, Congressional Record, 5/09/07; Page H4714] The motion passed 264-160. [HR 1684, Vote #317, 5/09/07] Voted to Increase Funds for Border Personnel by Cutting Undersecretary of Management In 2007, Bilbray for against an amendment to the fiscal year 2008 Homeland Security appropriations bill to increase funding for Immigration and Customs Enforcement salaries and expenses account by $9 million. The funding increase was offset by reducing funding for the Office of the Undersecretary for Management by $10 million. [CQ Floor Votes, 6/15/07] The amendment passed 286-127. [HR 2638, Vote #469, 6/15/07] Voted to Increase Funding for Border Fence by Cutting Undersecretary of Management In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill to increase funding the Customs and Border Protection fencing, infrastructure and technology account by $89 million. The funding was offset by a reduction for the Office of the Undersecretary for Management by the same amount. [CQ Floor Votes, 6/15/07] The amendment passed 241-179. [HR 2638, Vote #471, 6/15/07] Voted to Cut TSA Funding to Increase Border Patrol In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill that would add $125 million for Customs and Border Protection salary and expenses. 268 DCCC Bilbray Research Book Last Updated 2/29/12 The increased funds were offset by a reduction for the Transportation Security Administration’s aviation security direction and enforcement by the same amount. [CQ Floor Votes, 6/15/07] The amendment was defeated 96-327. [HR 2638, Vote #475, 6/14/07] Voted to Speed Up Border Fence In 2007, Bilbray voted for an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill to stop potential delays of the construction of border security fencing. The amendment would have eliminated language barring the use of funds for fencing on certain federal lands unless the decision to locate the fencing has been coordinated with the relevant federal agency and the department makes every effort to minimize the impact on wildlife and natural resources. It would have also eliminated language barring the use of funds unless there has been formal consultation with affected state and local communities to solicit their advice and support. [CQ House Action Reports, 6/15/07] The amendment was defeated 190-233. [HR 2638, Vote #476, 6/15/07] Voted to Fund Aerial Vehicles for Border Patrol over Other Priorities In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill to allow funding for the procurement of additional unmanned aerial vehicles. The amendment struck a provision in the bill blocking the funds until the Customs and Border Protection certified to the House and Senate Appropriations committees that they are a higher priority and more cost effective than other items in the Air and Marine Recapitalization and Modernization Plan. [CQ Floor Votes, 6/15/07] The amendment was defeated 192-232. [HR 2638, Vote #477, 6/15/07] Voted to Delay Visa Requirements In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that that would bar the use of funds in the bill to implement the travel document requirements under the Western Hemisphere Travel Initiative until June 1, 2009. [CQ Floor Votes, 6/15/07] The Western Hemisphere Travel Initiative will require all U.S. citizens, Canadians, citizens of the British Overseas Territory of Bermuda, and citizens of Mexico to have a passport or other accepted secure document to enter or re-enter the U.S. by January 1, 2008. [Department of State Press Release, 4/05/05] The bill passed 379-45. [HR 2638, Vote #483, 6/15/07] Voted to Bar Foreign Citizens into the United States without a Visa 269 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill that would bar the use of funds to carry out the visa waiver program, through which travelers from certain countries can enter the United States for up to 90 days without obtaining a visa. [CQ Floor Votes, 6/15/07] The amendment was defeated 76-347. [HR 2638, Vote #484, 6/15/07] Voted for Border Fence In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill to require funds in the bill for Customs and Border Protection fencing, infrastructure or technology to be used for a minimum of two layers of reinforced fencing and roads for a border fence along the U.S.-Mexico border. The amendment prevented the use of those funds for infrastructure and technology that could be used instead of a border fence. [CQ Floor Votes, 6/15/07] The amendment was defeated 149-272. [HR 2638, Vote #486, 6/15/07] Voted to Cut Funding for Border Infrastructure, Technology In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill to require funds in the bill for Customs and Border Protection fencing, infrastructure or technology to be used for a minimum of two layers of reinforced fencing and roads for a border fence along the U.S.-Mexico border. The amendment prevented the use of those funds for infrastructure and technology that could be used instead of a border fence. [CQ Floor Votes, 6/15/07] The amendment was defeated 149-272. [HR 2638, Vote #486, 6/15/07] Opposed 9/11 Commission Recommendations on Border Security and Immigration Enforcement In 2006, Bilbray voted in favor of killing a Democratic attempt to provide an alternative to the GOP border fence bill. The Democratic alternative would have reflected the recommendations of the 9/11 Commission on border security and immigration enforcement. Specifically, the Democratic alternative would have: established operational control of all borders and ports, ended the “catch and release” policy for illegal immigrants, and would have provided: 3,000 additional Border Patrol agents each year (for a total of 12,000) 2,000 additional Immigration and Customs Enforcement (ICE) agents each year (for a total of 8,000) 25,000 additional detention beds each year (for a total of 100,000) 2,500 additional Coast Guard enforcement personnel (for a total of 10,000) 270 DCCC Bilbray Research Book Last Updated 2/29/12 1,000 additional port-of-entry inspectors (for a total of 4,000) 1,000 additional investigators of fraudulent documents (for a total of 4,000) 250 additional ICE detention officers (for a total of 1,000) 250 additional U.S. Marshals (for a total of 1,000). [Leadership Document, “Democrats Are Fighting For A Strong, Comprehensive Border Security Bill,” 9/14/06] The motion to kill the democratic alternative passed 224-190. [HR6061, Vote #444, 9/14/06] Opposed Increased Border Security and Thousands of Additional Border Patrol Agents In 2006, Bilbray voted in favor of a motion to recommit the GOP’s border fence bill to committee to alter the bill to include a comprehensive, technologically superior, round-the-clock, fully interoperable surveillance system to monitor every mile of the border. The motion to recommit also included: 3,000 additional Border Patrol agents every year through FY 2010 (a total of 12,000 new agents) 2,000 additional Immigration and Customs Enforcement agents every year through FY 2010 (a total of 8,000 new agents) 25,000 additional detention beds every year through FY 2010 (a total of 100,000 new beds). Furthermore, the motion included physical infrastructure enhancements, including additional checkpoints, all weather access roads, and vehicle barriers, while maintaining the speed of commerce through such points of entry. [Leadership Document, “Democrats Are Fighting For Specific, Strong Steps To Enhance Security Along America’s Borders,” 9/14/06] The motion failed 193-224. [HR6061, Vote #445, 9/14/06] Supported Requiring a Passport to Enter US In 2006 Bilbray voted in favor of an amendment to the FY 07 SSJC appropriations bill that would have prohibited individuals from using any document other than a passport to denote citizenship and identity when traveling into the United States from a foreign country. Visitors from neighboring nations, such as Mexico, Canada and the Caribbean countries, currently can enter the United States with other documents, such as photo identification and a birth certificate. Opponents of Poe’s proposal said requiring a passport from every foreign visitor would have a stinging effect on trade, jobs and tourism. [HR 5672, Vote #347, 6/28/06; CQ Today, 6/29/06] The amendment failed 90-318. [HR5672, Vote #347, 6/29/06] Supported Fence along Southern Border In 2006, Bilbray voted in favor of a bill to build both a physical and virtual fence along the US-Mexico border. The bill, which was essentially patched together from provisions of the GOP’s 2005 immigration bill, would authorize construction of a 700 mile double-layered fence on the Southwestern border as well 271 DCCC Bilbray Research Book Last Updated 2/29/12 as a “virtual fence” made up of unmanned aerial vehicles, ground sensors, cameras and other surveillance technology. Democrats questioned the motives of the Republicans bringing the bill to the floor, particularly since the authorization bill carried no funding with it. [CQ Today, 9/13/06] The bill passed 283-138. [HR6061, Vote #446, 9/14/06] Supported Extending Amount of Time DOH Can Detain Illegal Immigrants In 2006, Bilbray voted in favor of the Community Protection Act, which would allow the Department of Homeland Security to hold illegal immigrants detained for crimes or as threats to national security beyond the current limit of six months and set up expedited procedures for deporting these people. The bill also made it easier to detain and deport illegal immigrants found to be part of criminal street gangs. [Associated Press, 9/21/06] The motion passed 328-95. [HR6094, Vote #465, 9/21/06] Supported Local Law Enforcement’s Authority on Illegal Immigration In 2006, Bilbray voted in favor of the Immigration Law Enforcement Act, which would reaffirm the authority of state and local law enforcement to arrest, detain and transfer to federal custody illegal immigrants. It asked the Justice Department to increase the number of attorneys prosecuting immigrant smuggling cases. It also closed loopholes that have led to “catch and release” policies in which illegal immigrants, mainly non-Mexicans, were released because they could not be immediately deported. [Associated Press, 9/21/06] The motion passed 277-140. [HR6095, Vote #468, 9/21/06] Opposed Attempt to Crack Down on Illegal Alien Smuggling In 2006, Bilbray voted against a motion to the Immigration Law Enforcement Act to give law enforcement the tools they need to crack down on illegal alien smuggling. Democrats introduced a motion to recommit the bill to committee with instructions to authorize funding in the bill to increase: The number of immigration agents by 2,000 The number of detention officers by 250 The number of U.S. Marshals to assist the courts in immigration matters by 250 The number of detention beds by 25,000 The number of investigators of fraudulent schemes and documents by 1,000 272 DCCC Bilbray Research Book Last Updated 2/29/12 Over the previous two years, the nation has been 5,000 detention beds and nearly 500 immigration agents short of the authorized amount in the 9/11 Act of 2004, to the detriment of efforts to combat alien smuggling. Since 2001, the Congress had not enacted legislation to address the 9/11 Commission recommendations to combat alien smuggling. [Leadership Document, “Democrats Fight For Real Resources to Improve Border Security,” 9/21/06] The motion failed 196-226. [HR6095, Vote #467, 9/21/06] Supported Requiring Government Issued ID to Vote, Disenfranchising Millions of Americans In 2006, Bilbray voted in favor of a bill requiring that voters show government issued ID in order to vote by 2008 and requiring proof of US citizenship in order to vote by 2010. The latter provision was of particular concern as most Americans currently do not possess government issued ID that denotes their citizenship status. In 48 states, a driver’s license does not reflect one’s citizenship status, so by 2010, a driver’s license would not be sufficient. This bill would disenfranchise millions of Americans - particularly the elderly, people with disabilities, and minorities. Democrats charged that the bill was one in a series of attempts by Republicans to suppress the vote to keep Republicans in power. Federal law already prohibits non-citizens from voting in national elections and from providing false information about citizenship when registering. Both provisions carry prison time and stiff financial penalties. Democrats charged that the bill would institute a 21st Century poll tax, as documents denoting citizenship can be expensive. Only 25 percent of Americans own a passport, which costs $97 and reissued Naturalization papers cost $210. Democrats argued that the bill would particularly disenfranchise the elderly who often do not have drivers’ licenses or have lost their birth certificates. [Leadership Document, “Vote No On GOP Voter Id Bill - A Partisan Attempt to Disenfranchise Millions of Voters,” 9/20/06] The bill passed 228-196. [HR4844, Vote #459, 9/20/06] Supported Cracking Down on Illegal Border Tunnels In 2006, Bilbray voted in favor of the Border Tunnel Prevention Act. The bill imposed prison terms of up to 20 years for those who knowingly construct or finance an unauthorized tunnel under a U.S. border. People who permit the construction of such a tunnel could face 10 years in prison. [Associated Press, 9/21/06] The motion passed 422-0. [HR4830, Vote #469, 9/21/06] Supported Funds for High Intensity Drug Program in 2000 273 DCCC Bilbray Research Book Last Updated 2/29/12 In 2000, Bilbray voted for an amendment to add $25 million to the High Intensity Drug Trafficking Areas (HIDTA) program and reduce funding for the IRS Processing Assistance and Management account by $25 million. The amendment passed 284-134. [HR 4871, Vote #421, 7/20/00] That same day, Bilbray voted FOR the bill that contained those funds after the amendment. [HR 4871, Vote #428, 7/20/00] Supported Troops on the Border 2000: Bilbray voted in favor of an amendment that would allow the Defense Department to assign military patrols to the Immigration and Naturalization Service and Customs Service for the purpose of monitoring U.S. borders. The attorney general could request the assistance to prevent terrorists, drug traffickers and illegal aliens from entering the U.S. The Treasury secretary could request assistance for inspecting cargo, vehicles and aircraft. The amendment passed 243-183. [CQ Floor Votes, 5/18/00; HR 4205, Vote #197, 5/18/00] 1999: Bilbray voted in favor of an amendment to allow the Department of Defense to assign military personnel to assist the border patrol and U.S. Customs Service in drug interdiction and counter-terrorism activities along U.S. borders. The amendment passed 242-181. [CQ Floor Votes, 6/10/99; HR 1401, Vote #186, 6/10/99] 1998: Bilbray voted in favor of an amendment to direct the U.S. armed forces to assist in the efforts to keep illegal drugs out of the United States. Under the amendment, that assistance could include patrolling U.S. borders. The amendment passed 291-133. [CQ Floor Votes, 9/16/98; HR 4300, Vote #440, 9/16/98] 1998: Bilbray voted in favor of an amendment to authorize the Defense Department to assign members of the armed forces to assist the Immigration and Naturalization Service and the Customs Service in monitoring and patrolling U.S. borders. The amendment passed 288-132. [CQ Floor Votes, 5/21/98; HR 3616, Vote #180, 5/21/98] 1997: Bilbray voted in favor of an amendment to allow the secretary of Defense to assign up to 10,000 military personnel to assist the Immigration and Naturalization Service and the Customs Service in border control activities. The amendment passed 269-119. [CQ Floor Votes, 6/20/97; HR 1119, Vote #224, 6/20/97] Voiced Concern Over Immigration Law, Discrimination In November 1986, Bilbray voiced concern that a proposed immigration law could cause discrimination about Hispanics. Proposed laws would create new routes for gaining legal residency and establish penalties for employers hiring workers who are in the United States illegally. Bilbray was concerned over whether “the implementation of the legislation will result in an increase in discriminatory practices toward the Hispanic and Latino communities.” [San Diego Union-Tribune, 11/18/86] 274 DCCC Bilbray Research Book Last Updated 2/29/12 Labor and Working Family Issues Significant Findings Voted to Undermine Fair Union Elections Voted Against Middle Class Tax Relief Mixed Record on Extending Unemployment Benefits Voted Against Raising the Minimum Wage Bilbray has not stood up for middle and working class families. He has voted to change union-representation ballot rules for rail and airline employees and voted against middle class tax relief. Bilbray has a mixed voting record on extending unemployment benefits, at time voting to extend them but also voting to block them, such as in 2008. He also opposed an increase in the minimum wage in 2007 and 2006. Voted to Change Union-Representation Ballot Counting Rules In 2011, Bilbray voted for a bill which changed the union-representation ballots rules for rail and airline employees. The legislation would have reduced the overall funding for the FAA by $4 billion dollars and contained an anti-union rule which changed the way union-representation ballots are counted for companies governed by the Railway Labor Act, which includes rail and airlines. [CRS Report, R41666, 3/03/11; CQ BillAnalysis, 6/07/11] The bill passed 223-196. [HR 658, Vote #220, 3/29/11] Voted Against Middle Class Tax Relief In December 2010, Bilbray voted against extending permanently the 2001 and 2003 tax rate reductions for middle class taxpayers earning $200,000 or less for individuals and $250,000 for married couples filing jointly. The measure specifically excluded extending the reductions for the upper-income tax breaks. Income above those rates were set to increase beginning January 1. Beyond the tax cuts, the bill would provide a two-year extension of the alternative minimum tax patch, make permanent the reduced capital gains taxes for the middle class, permanently increase the basic standard deduction for a married couple filing a joint return, and make permanent an extension of education tax incentives and small business expensing rules. 275 DCCC Bilbray Research Book Last Updated 2/29/12 According to the Joint Committee on Taxation, the House proposal would cost $1.5 trillion over 10 years. [CQ Today, 12/02/10] In an interview on CBS’s Face the Nation in September 2010, Republican Leader John Boehner said that, if approving a bill to extend tax breaks for middle class income Americans were “the only option,” he would support it. [CBS News, 9/12/10] The bill passed with only three Republicans supporting the measure, 234-188. [HR 4853, Vote #604, 12/02/10] Voted for Extending Unemployment Benefits In 2010, Bilbray voted for extending unemployment benefits, as part of a package to extend the 2001 and 2003 tax cuts for all taxpayers for two years and set the estate tax at 35 percent on estates worth more than $5 million for two years. The measure also extended unemployment insurance benefits for 13 months and cut the employee portion of the Social Security tax by 2 percentage points. The measure was seen as a compromise from both sides of the aisle as liberals did not want to extend tax cuts for upper income earners nor extend the estate tax, and conservatives were upset about an extension of benefits which were not offset. The final package was estimated to cost $857 billion. [CQ Weekly, 1/03/11] According to CNN, extending the Bush tax cuts in the measure would cost $544.3 billion. The bulk, $463 billion, was for the extension of families making less than $250,000. Approximately $81.5 billion was attributable to the extension of cuts that applied to the highest income families. [CNN, 12/07/10] The bill passed, 277-148. [HR 4853, Vote #647, 12/17/10] Voted Against Extending Unemployment Benefits In November 2010, Bilbray voted for against extending federal unemployment insurance benefits through February 2011 for the long-term unemployed who had exhausted the typical 26 weeks provided by the states. The bill would also provide 100 percent federal funding to state programs to cover additional implementation costs. An estimated 2 million Americans were set to lose their benefits without Congressional action by the end of that month. [CQ Weekly, 11/22/10] The bill failed, 258-154, without a two-thirds majority required for bills under suspension rules. [HR 6419, Vote #579, 11/18/10] Voted for Extending Unemployment Benefits In 2010, Bilbray voted for extending unemployment benefits for workers who had exhausted their benefits. The extension, passed in July, would apply retroactively to June 2, and would expire at the end of November. 276 DCCC Bilbray Research Book Last Updated 2/29/12 The legislation provided 100 percent federal funding to state unemployment programs to cover additional implementation costs and would add $33.9 billion to the deficit over 10 years. [CQ Today, 7/22/10] The bill passed, 272-152. [HR 4213, Vote #463, 7/22/10] Voted for Extending Unemployment Benefits In 2010, Bilbray voted for extending expired unemployment benefits to approximately 1.7 million people who had lost benefits between the end of May and July 3. The bill would extend through November 30, extended eligibility for unemployment insurance for laid-off workers. The measure would make the extension retroactive to June 2, when the provisions expired, meaning that eligible workers could receive benefits retroactively. The bill also included an amendment that would prevent payment of jobless benefits to known or suspected terrorists; individuals convicted of sex offenses against minors; and illegal immigrants. [CQ Today, 7/01/10] The bill passed, 270-153. [HR 5618, Vote #423, 7/01/10] Supported Extending Unemployment Benefits to 1.7 Million People In 2010, Bilbray voted for extending federal unemployment benefits that expired in early June through November 30, 2010. Another 1.7 million people would see their benefits expire if not passed, according to the House Ways and Means Committee. House Democrats urged their colleagues to assist the unemployed, asserting that the bill would support consumer spending and help stimulate the economy. Historically, Congress had extended benefits in economic emergencies without finding offsets. The $33.9 billion cost over a decade would was not offset. [CQ Today, 6/29/10] The bill failed under suspension rules requiring a two-thirds majority, 261-155. [HR 5618, Vote #398, 6/29/10] Supported Extension of Unemployment Benefits In 2008, Bilbray voted for a bill that would extend unemployment insurance. Specifically, the bill would provide seven additional weeks of benefits for those whose unemployment insurance has run out, and 13 additional weeks for jobless workers in states with an unemployment rate higher than 6 percent. [CQ Today, 10/03/08] The bill passed 368-28. [HR 6867, Vote #683, 10/03/08] Opposed Extension of Unemployment Benefits In 2008, Bilbray voted against a $60.8 billion economic stimulus package designed to fund infrastructure projects, unemployment insurance and Medicaid. 277 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would specifically extend unemployment insurance benefits by seven weeks nationwide and an additional 13 weeks in states with high unemployment. [CQ Today, 9/26/08] The bill passed 264-158. [HR 7110, Vote #660, 9/26/08] Voted for Raising the Minimum Wage In 2007, Bilbray voted for an emergency appropriations bill that included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $7.7 billion for military operations in Iraq and Afghanistan. It also provided $3.1 billion for military base closure expenses, $1.8 billion for veterans medical care, $650 million for the State Children’s Health Insurance Program, $2.9 billion for hurricane relief, $1.1 billion for anti-terrorism homeland security activities and $3 billion for agriculture disaster relief. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] Voted Against Raising the Minimum Wage In 2007, Bilbray voted against legislation that would provide $42.8 billion in fiscal 2007 emergency spending for military operations in Iraq and Afghanistan. In addition, the bill raised the minimum wage to $7.25 per hour over two years and provided $4.8 billion in small-business tax incentives. The bill also included $6.8 billion for hurricane recovery and relief, $3.3 billion for military healthcare costs and $2.25 billion for homeland security anti-terrorism programs. The bill also required another congressional vote in late July to release the remaining $52.8 billion for the Pentagon, and would withhold funds until the president reports by July 13 on progress the Iraqi government has made toward meeting specified benchmarks and goals set by the bill and Congress has adopted a joint resolution releasing the “fenced off” funds. [CQ Floor Votes, 5/10/07] President Bush opposed the bill. [Statement of Administration Policy, 5/10/07] The bill passed 221-205. [HR 2206, Vote #333, 5/10/07] Opposed Effort to Pass Minimum Wage Bill without Poison Pills In 2006, Bilbray voted against an effort to pass a bill to increase the minimum wage without the estate tax cuts also included in the bill. The Senate has consistently opposed the estate tax cuts and placing them in 278 DCCC Bilbray Research Book Last Updated 2/29/12 the minimum wage bill was likely to kill the bill’s prospects of passing the Senate, thus killing the hope of increasing the minimum wage. The vote was on a motion that would have recommitted the bill to get a straight vote on the minimum wage increase and the tax cut extenders, without the poison pill estate tax provisions. [Leadership Document, “Republicans Playing Politics with A Pay Raise For Millions of Americans,” 7/28/06; Chicago Tribune, 7/29/06] The motion failed 190-220. [HR5970, Vote #424, 7/29/06] Opposed Attempts to Increase the Minimum Wage Four Times in 2006 In 2006, Bilbray voted four times to kill Democratic efforts to raise the minimum wage. Opposed Attempt to Increase Minimum Wage via Pledge Protection Act Debate In 2006, Bilbray voted in favor of killing another Democratic attempt to offer an increase the minimum wage, this time during debate of the Pledge Protection Act. The rule for debating the bill offered by the GOP leadership prohibited Democrats from offering the increase. When Democrats protested, Republicans voted to kill the Democratic attempt. [HR 2389, Vote #382, 7/19/06; Leadership Document, “Democrats are Fighting for a New Direction: A Pay Raise for Millions of Americans,” 7/19/06] The motion passed 224-200. [HR2389, Vote #382, 7/19/06] Opposed Attempt to Increase Minimum Wage via Credit Rating Bill Debate In 2006, Bilbray voted in favor of killing a Democratic attempt to offer an increase the minimum wage during debate of the credit rating bill. The rule for debating the bill offered by the GOP leadership prohibited Democrats from offering the increase. When Democrats protested, Republicans voted to kill the Democratic attempt. [HR 2990, Vote #364, 7/12/06; Leadership Document, “Democrats are Fighting for a New Direction: A Pay Raise for Millions of Americans, 7/12/06] The attempt passed 223-197. [HR2990, Vote#364, 7/12/06] Opposed Attempt to Increase Minimum Wage via Internet Gaming Bill Debate In 2006, Bilbray voted in favor of killing a Democratic attempt to offer an increase to the minimum wage during debate of the internet gaming bill. The rule for debating the bill was offered by the GOP leadership and prohibited Democrats from offering the increase. When Democrats protested, Republicans voted to kill the Democratic attempt. [Leadership Document, “Democrats are Fighting for a New Direction: A Pay Raise for Millions of Americans, 7/11/06] The motion passed 214-189. [HR4411, Vote #360, 7/11/06] Opposed Attempt to Increase the Minimum Wage in SSJC Appropriations Bill 279 DCCC Bilbray Research Book Last Updated 2/29/12 In 2006, Bilbray voted in favor of killing a Democratic attempt to offer an amendment to increase the minimum wage to the Science, State, Justice, and Commerce (SSJC) appropriations bill. The amendment would have increased the minimum wage to $7.25 for to give a pay raise to nearly 7 million Americans. Democrats were fighting to gradually increase the minimum wage by $2.10 -from $5.15 to $7.25 an hour over two years. The Republican leadership passed a rule that barred Democrats from offering the amendment. When Democrats protested, Republicans voted to kill the Democratic attempt to bring up the amendment. [Leadership Document, “Democrats are Fighting for a New Direction, A Pay Raise for Millions of Americans,” 6/27/06] The motion passed 224-188. [HR5672, Vote #319, 6/27/06] Supported Bill to Provide Paid Parental Leave to Federal Employees In 2008, Bilbray voted for a bill that would provide that four of the 12 weeks of parental leave given to federal and congressional employees would be paid leave. Employees also would be allowed to use accrued annual or sick leave for parental leave. The bill would not require employees to demonstrate a medical need for using their sick time for parental leave. The bill also would authorize the Office of Personnel Management to extend the parental leave period for up to eight weeks. [CQ Today, 6/19/08] The bill passed 278-146. [HR 5781, Vote #428, 6/19/08] Voted for Partisan Delay of Parental Leave for Federal Employees In 2008, Bilbray voted in favor of a motion to recommit a bill that would provide that four of the 12 weeks of parental leave given to federal and congressional employees would be paid leave time to the Oversight and Government Committee with instructions that it be reported back with language that would ban employees who do not comply with court-ordered child support arrangements from being eligible for the paid leave included in the bill. The bill included language ensuring that federal employees would be compensated for four of the 12 weeks of leave they are already entitled to under the Family and Medical Leave Act. [CQ Today, 6/19/08] The motion failed 206-220. [HR 5781, Vote #427, 6/19/08] Opposed Union-Friendly FAA Reauthorization In 2007, Bilbray voted against a bill that would change the process of labor negotiations between the agency and air traffic controllers, making it more union-friendly. It would bar the imposition of new work rules if labor negotiations between the agency and controllers reach an impasse and requiring binding arbitration if an agreement is not reached. 280 DCCC Bilbray Research Book Last Updated 2/29/12 It would also require airlines and airports to develop contingency plans for stranded passengers, increase the maximum age for pilots from 60 to 65 and change labor laws applying to certain FedEx employees and allowing them to unionize more easily. [CQ Floor Votes, 9/20/07] The bill passed 267-151. [HR 2881, Vote #890, 9/20/07] Opposed Allowing Shareholders to Vote on Executive Compensation In 2007, Bilbray voted against legislation to allow shareholders of public companies to vote on a company’s executive compensation plans. The bill would require publicly traded corporations to allow shareholders to cast non-binding votes beginning in 2009 on compensation packages for top executives. It would require companies to disclose executive severance pay plans in the case of any acquisition, merger, consolidation, proposed sale or other disposition of substantially all of a company’s assets. [CQ Floor Votes, 4/20/07] The vote would be advisory in nature, meaning, the board and the CEO of a company can ignore the will of the shareholders if they so choose. [House Financial Services Committee] The bill passed 269-134. [HR 1257, Vote #244, 4/20/07] Opposed Legislation to Strengthen Organizing Rights In 2007, Bilbray voted against the Employee Free Choice Act, a bill to protect the rights of workers to organize a union. The bill changed existing law by allowing employees – not employers – to decide whether or not to hold a union election. The legislation would certify a union if a majority of workers signed cards authorizing it or allow them to hold an election by secret ballot. [Office of the Committee on Education and Labor Democrats, 02/2007; Los Angeles Times, 3/02/07; Congressional Quarterly, 2/19/07] It also established steps to push employers and unions toward agreement on an initial contract and created penalties for intimidation of employees. [Congressional Quarterly, 3/05/07] The bill passed 241-185. [HR 800, Vote #118, 3/01/07] Voted to Make it Harder for Unions to Organize In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to block the Employee Free Choice Act. The amendment would have barred the use of funds in the bill by the National Labor Relations Board to recognize a union as an exclusive employee representative if it has not been chosen in a secret-ballot election. [CQ Floor Votes, 7/19/07] 281 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 167-255. [HR 3043, Vote #674, 7/19/07] Supported Collective Bargaining for Doctors In 2000, Bilbray voted for a bill to allow doctors to bargain collectively with insurance plans. Under the bill, doctors would be given the same treatment under antitrust laws that are given to labor organizations under the National Labor Relations Act. [CQ Floor Votes, 6/30/00] The bill passed 276-136. [HR 1304, Vote #372, 6/30/00] Supported So-Called “Paycheck Protection” In 1998, Bilbray voted in favor of the so-called “paycheck protection” legislation, which would prohibit the involuntary use of funds of employees and shareholders of corporations, and of labor union members, for political activities. [CQ Floor Votes, 3/30/98] The legislation was defeated 166-246. [HR 2608, Vote #83, 3/30/98] Supported Effort to Undermine Labor Organizing Efforts In 1998, Bilbray voted in favor of a bill to prohibit the labor-organizing tool known as “salting.” The bill allowed employers to refuse to hire or fire those who seek employment to organize workers to join a union. [CQ Floor Votes, 3/26/98] The bill passed 202 to 200. [HR 3246, Vote #78, 3/26/98] Supported Attempt to Weaken Union Representation In 1995, Bilbray voted in favor of the so-called “Team Act,” under which U.S. businesses would be allowed to establish, without the presence of a labor union, workplace groups consisting of both labor and management to address such issues as productivity, quality control and safety. [CQ Floor Votes, 9/27/95] The bill passed, 221-202. [HR 743, Vote #691, 9/27/95] Voted Against Holding Mining Companies Accountable In 2007, Bilbray against a bill that would hold mining companies accountable by overhauling federal regulations of hard-rock minerals, which include copper, uranium and gold. Mining companies would be required to pay royalties for hard rock mines on federal land equal to 8 percent of gross income for new mines and 4 percent on existing mines that are not fully operational. Two-thirds of the royalties would go towards cleaning abandoned mines, with the remainder used to provide public facilities and services in areas affected by hard-rock mining. 282 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would impose new environmental standards for the industry and expand the types of land on which mining would be prohibited. [CQ Floor Votes, 11/01/07] “We’re dealing with a law that has been relatively unchanged, that was enacted when Ulysses S. Grant was still in the White House,” Natural Resources Committee chairman Nick Rahall (D-WV) said. [CQ Weekly, 11/01/07] The bill passed 244-166. [HR 2262, Vote #1033, 11/01/07] Voted to Gut Bill Holding Mining Companies Accountable In 2007, Bilbray voted in favor of a motion to recommit a bill overhauling mining regulations to the Natural Resources Committee with instructions that it be reported back promptly with language that would clarify that no royalty would apply to minerals used in the manufacture of technology to produce solar or nuclear energy. The bill also would delay the bill’s effective date until the Interior secretary certifies that the bill would not lead to the loss of American mining-related jobs. [CQ Floor Votes, 11/01/07] The motion failed 170-240. [HR 2262, Vote #1032, 11/01/07] Voted Against Protecting Workers in Popcorn Plants In 2007, Bilbray voted against a bill that would require the Occupational Safety and Health Administration (OSHA) to issue standards regulating worker exposure to diacetyl, used in artificial butter flavoring and recently cited as a cause of a rare lung disease dubbed “popcorn lung.” [ABC News, 9/06/07] The final standard, due within two years of the bill’s enactment, would apply to all establishments involved in flavoring manufacturing and would have to include worker safety requirements. The measure would also require the National Institute of Occupational Safety and Health to conduct a study on flavorings used in microwave popcorn. [CQ Floor Votes, 9/26/07] The bill was backed by organized labor and the Flavor and Extract Manufacturers Association, which represents the makers of artificial butter. It was opposed by business groups that warn that not enough data have been collected to set a permissible exposure limit. [CQ Today, 9/25/07] The bill passed 260-154. [HR 2693, Vote #913, 9/26/07] Voted to Risk Health of Popcorn Factory Workers by Delaying Regulations In 2007, Bilbray voted in favor of an amendment to weaken protections for workers in popcorn factories. The amendment was aimed at weakening a bill to require the Occupational Safety and Health Administration (OSHA) to issue standards regulating worker exposure to diacetyl, used in 283 DCCC Bilbray Research Book Last Updated 2/29/12 artificial butter flavoring and recently cited as a cause of a rare lung disease dubbed “popcorn lung.” [ABC News, 9/06/07] The amendment would have required the Occupational Safety and Health Administration (OSHA) to wait until the National Institute of Occupational Safety and Health concludes there is sufficient data to support a recommended exposure limit and establishes such a limit before OSHA issues a final standard. [CQ Floor Votes, 9/26/07] The amendment failed 189-233. [HR 2693, Vote #912, 9/26/07] Opposed Increased Federal Contracting with American Businesses In 2007, Bilbray voted against an amendment aimed at increasing federal contracting with American small businesses. The amendment extended small business contracting goals to the federal government’s overseas contracts By including overseas contracts in federal small business contracting goals, federal agencies will be discouraged from using foreign companies or outsourcing to large businesses that then may subcontract with foreign companies. Reports estimate that by extending contracting goals to the government’s overseas contracts American small businesses could gain contracts worth nearly $15 billion. [Congressman Heath Shuler press release, 5/10/07] The amendment passed 398-29. [HR 1873, Vote #320, 5/10/07] Voted to Require Department of Homeland Security to Buy American In 2007, Bilbray voted against an amendment to the fiscal year 2008 Department of Homeland Security authorization bill that would have blocked efforts to buy American uniforms and other gear for the Department of Homeland Security. The amendment, sponsored by Congressman Tom Davis (R-VA) would have stricken a provision in the bill that would bar the use of funds by the department to procure uniforms, protective gear, badges or identification cards if the items are manufactured outside of the United States. [CQ Floor Votes, 5/09/07] The amendment was defeated 36-390. [HR 1684, Vote #315, 5/09/07] Opposed Government Contractors Paying a Prevailing Wage In 2008, Bilbray voted in favor of an amendment that would bar the use of the funds in the bill for the enforcement of the Davis-Bacon Act, which requires government contractors to pay employees the prevailing wage. Supporters claimed that the Davis-Bacon Act inflated the cost of construction programs by overcompensating employees and requiring burdensome paperwork. Opponents argued that the amendment would cut the quality of construction programs and harm the middle class. [Tulsa World, 8/10/08] 284 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was rejected, 143-275. [HR 6599, Vote #561, 8/01/08] Voted to Undermine Prevailing Wage Laws In 2008, Bilbray voted for an amendment introduced by Rep. Steve King (R-IA) to bar the use of appropriations authorized under HOPE VI to be used to pay Davis-Bacon wages. The amendment would have barred federally funded or assisted construction projects from using the Davis-Bacon act to determine that workers be paid prevailing wage rates. [Congress Now, 1/16/08] The amendment failed 136-268. [HR3524, Vote #15, 1/17/08] Voted to Block Prevailing Wage In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Agriculture appropriations bill that would waive the Davis-Bacon law. Davis-Bacon requires prevailing wages to be paid on public works projects, for government contracts to construct renewable energy systems. [CQ Floor Votes, 8/02/07] The amendment was defeated 152-278. [HR 3161, Vote #807, 8/02/07] Voted to Undermine Prevailing Wage Laws In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the departments of Housing and Urban Development and Transportation to bar the use of funds in the bill to implement wage requirements under the Davis-Bacon Act. The Davis-Bacon Act requires contractors for projects that receive federal funds to pay the prevailing local wages and benefits to employees. [CQ Floor Votes, 7/24/07] The amendment was defeated 148-278. [HR 3074, Vote #712, 7/24/07] Voted to Undermine Prevailing Wage Laws In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill to that have blocked the Davis-Bacon law from being applied to grants or contracts for projects funded in the bill. Davis-Bacon requires contractors for projects that receive federal funds to pay the prevailing local wages and benefits to employees. [CQ Floor Votes, 6/15/07] The amendment was defeated 145-277. [HR 2638, Vote #488, 6/15/07] Opposed Minimum Wage Increase 285 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against increasing the minimum wage from by $2.10 an hour to $7.25 an hour. [CQ House Action Reports, No. 110-3, 3/20/07] The measure passed 218-212. [HR 1591, Vote #186, 3/23/07] Opposed Fair Minimum Wage Act In 2007, Bilbray voted against an increase to the federal minimum wage by $2.10 over two years -- from the previous level of $5.15 an hour to $7.25 an hour. [CQ Floor Votes, 1/10/07] The bill passed 315-116. [HR 2, Vote #18, 1/10/07] Voted for Sham Minimum Wage Increase with Poison Pill In 2006, Bilbray voted in favor of a bill that would increase the minimum wage $2.10, from $5.15 to $7.25 an hour over two years, but attached to the increase was a permanent cut for the federal estate tax for estates worth up to $5 million per person and $10 million per couple. The bill also extended tax provisions like the R&D tax credit, the education tax deduction to help students go to college, tax deductions for teacher’s classroom expenses and the deduction of state and local sales taxes; and reauthorize the Abandoned Mine Land Program for 15 years. Republicans refused to allow a clean vote on a minimum wage increase and instead offered this bill full of poison pills. The Joint Committee on Taxation estimated that the tax provisions of the bill would cost $309.8 billion over the first 10 years. The Senate has consistently opposed the estate tax provisions in the bill. [CQ Today, 7/29/06; Associated Press, 7/27/06; Leadership Document, “Republicans Playing Politics With A Pay Raise For Millions Of Americans,” 7/28/06] The bill failed 230-180. [HR5970, Vote #425, 7/29/06] Opposed Ergonomics Standards for Workers In 2000, Bilbray voted against an amendment to strike a provision from the FY 2001 Labor-HHS Appropriations bill prohibiting OSHA from using funds to establish a standard on ergonomic protection. [CQ Floor Votes, 6/08/00] The amendment was defeated 203-220. [HR 4577, Vote #250, 6/08/00] Supported “Paycheck Protection” In 1998, Bilbray voted in favor of the so-called “paycheck protection” legislation, which would prohibit the involuntary use of funds of employees and shareholders of corporations, and of labor union members, for political activities. [CQ Floor Votes, 3/30/98] The legislation was defeated, 166-246. [HR 2608, Vote #83, 3/30/98] Supported Employees Taking Compensatory Time for Overtime Pay… 286 DCCC Bilbray Research Book Last Updated 2/29/12 In 1997, Bilbray voted in favor of a bill to allow private sector employees the choice of taking one and one-half hours of compensatory time instead of cash wages for overtime pay. [CQ Floor Votes, 3/19/97] The bill passed 222-210. [HR 1, Vote #59, 3/19/97] …But Opposed the Democratic Overtime Pay Package Bilbray voted against a substitute measure to the compensatory time bill that would have allowed private sector employees the choice between taking one and one-half hours of compensatory time and cash wages for overtime pay. However, the measure applied eligibility restrictions for certain employees, disallowing employers from conditioning benefits or overtime pay based on an employee’s decision to reject compensatory time and required employers who offer compensatory time to provide employees 24 hours of unpaid leave yearly to participate in a child’s education activities or medical appointments. [CQ Floor Votes, 3/19/97] The measure was defeated 193-237. [HR 1, Vote #58, 3/19/97] Supported Cuts to OSHA Funding In September 1997, Bilbray voted in favor of an amendment that would reduce funding levels for the Occupational Health and Safety Administration (OSHA) by $11.25 million and transfer the same amount to vocational and adult education programs. [CQ Floor Votes, 9/08/97] The amendment failed 157-240. [HR 2264, Vote #370, 9/08/97] Supported Weakening Child Labor Laws, Worker Safety Protections In January 1995, Bilbray voted against en bloc amendments to a bill (HR 5) seeking to block “unfunded mandates” that would exempt from the provisions of the bill federal mandates involving minimum labor standards, including prohibiting child labor, establishing a minimum wage, and establishment of minimum standards for occupational safety. [CQ Floor Votes, 1/23/95] The amendment failed 161-263. [HR 5, Vote #27, 1/23/95] Supported Separate Amendment Weakening Child Labor Laws In January 1995, Bilbray voted against a separate amendment to the bill that would exempt federal mandates that enforce child labor laws. [CQ Floor Votes, 1/30/95] The amendment failed 156-269. [HR 5, Vote #67, 1/30/95] Supported Underlying Bill 287 DCCC Bilbray Research Book Last Updated 2/29/12 Following the failure of these amendments, Bilbray supported the bill, which passed 360-74. The bill died in the Senate. [HR 5, Vote #83, 2/01/95] Supported Allowing Corporations to Raid Pensions In 1995, Bilbray voted in favor of a budget bill that included a provision to allow companies to raid employee pensions. The provision reversed existing law that had ended the practice of corporate raiders and buyout specialists financing deals using employee pension funds. According to USA Today, the measure would have exposed $100 billion in 22,400 pension plans covering 11 million workers and 2 million retirees. [USA Today, 10/03/95] The bill passed 227-203. [HR 2491, Vote #743, 10/26/95] Voted Against Prioritizing American Inventors In 2011, Bilbray voted against a motion which moved patents to be developed and produced in America to the front of the approval line. The motion would have required the U.S. Patent and Trademark Office to prioritize patents which pledge to develop or manufacture their products in the United States. The motion would also deny this prioritization to nationals of countries that deny adequate and effective protection for patent rights or fair and equitable access for persons that rely on patent protection. [CQ Floor Votes, 6/23/11] The motion failed 172-251. [HR 1249, Vote #490, 6/23/11] Voted to Protect International Agriculture Companies In 2007, Bilbray voted in favor of a motion to recommit the 2007 Farm Bill to stop a tax increase on agricultural companies. The motion would have sent the bill to the Agriculture Committee with instructions that it be reported back promptly with language to strike a tax provision that would raise $4 billion over five years by ending the ability of foreign companies operating in the United States to shift income to a third country. [CQ Floor Votes, 7/27/07] The motion was defeated 198-223. [HR 2419, Vote #755, 7/27/07] Supported Federal Contracts to Companies that Avoid Paying Taxes In 2006, Bilbray voted against an amendment to the FY 07 Treasury, Transportation and Housing appropriations bill that would have placed a ban on new contracts with corporate expatriates - companies that have incorporated on paper overseas in the tax haven countries of Bermuda, Barbados, the Cayman Islands, Antigua, and Panama. 288 DCCC Bilbray Research Book Last Updated 2/29/12 The ban would only apply to federal contract relating to the Departments of Treasury, Transportation and Housing and Urban Development. The Department of Homeland Security was operating under a similar contracting ban. 66 percent of companies that hold government contracts and are incorporated in an overseas tax haven pay no federal taxes whatsoever. Companies who reincorporate overseas in order to reduce the amount of tax they owe to the U.S. Treasury cost the government an estimated $5 billion per year. [DeLauro Press Release, 6/14/06] The ban failed 195-231. [HR5576, Vote #275, 6/14/06] 289 DCCC Bilbray Research Book Last Updated 2/29/12 Legal Reform Issues Significant Findings Voted to Cut Legal Services for Poor In 2011, Bilbray voted cut legal services funding for the poor. The Legal Services Corporation provides funding for essential legal services to Americans below and close to the poverty level. Voted to Cut Legal Services Funding for Poor In 2011, Bilbray voted to strike all funding, or an additional $324.4 million, for the Legal Services Corporation. The program provides funding for essential legal services to almost $60 million Americans living below 125 percent of the poverty level. Republicans had earlier proposed an 18 percent cut for the program, or some $75 million in the $420 million annual budget of the LSC. Gene Nichol, professor of law at UNC-Chapel hill, noted that studies had shown how for decades millions of poor and near poor Americans had been “effectively priced out of the civil justice system.” [Charlotte News & Observer, Nichol op-ed, 2/28/11] The amendment failed, 171-259. [HR 1, Duncan amendment #110, Vote #54, 2/16/11] Voted to Protect Fire Departments from Frivolous Lawsuits In 2008, Bilbray voted in favor of a motion to recommit on a bill that would authorize $293 million for the U.S. Fire Administration, an arm of the Federal Emergency Management Agency, through fiscal year 2012. The motion would have had the bill reported back with an amendment to protect state and local fire departments from being held liable for child car seat safety advice. [CQ Today, 4/03/08] Many Democrats opposed the measure, claiming that there was no proof that liability over child car seat safety advice was a problem for first responders. “We don’t know anything about is there a liability problem or not. We don’t know whether or not this is going to affect States’ own liability or whether this is going to preempt it,” Congressman Bart Gordon (D-TN) said. [Congressional Record, 4/03/08] The motion failed 205-209. [HR 4847, Vote # 159, 4/03/08] 290 DCCC Bilbray Research Book Last Updated 2/29/12 Military Personnel Issues Significant Findings Voted Against Service Members Receiving Pay during Government Shut Down Bilbray Voted Against Increased Combat Pay for Troops Voted to Allow Airlines to Charge Baggage Fees to Military Personnel Bilbray voted against a motion that would have ensured that service members would receive pay during a potential government shut down. He also opposed a proposal that would increase combat pay for troops, although he has supported previous pay raises for military personnel. In 2001, Bilbray voted against a motion that would prohibit airlines from charring baggage fees to military personnel who are on orders. Voted Against Ensuring Pay to Service Members during a Government Shutdown In 2011, Bilbray voted against a motion to recommit which would have ensured that service members would have gotten paid in the event of a government shutdown. The motion would have added a new section to the bill providing that the salaries of the members of the armed forces would not be interrupted in the event of a government shutdown. The motion failed 191-236. [HR 1363, Vote #246, 4/07/11] Voted Against Increasing Combat Pay for Troops In 2011, Bilbray voted against a motion which would increase combat pay for troops. The motion increased the maximum amount of bonus pay troops receive while in combat to $325 per month effective October 1, 2011. [CQ Floor Votes, 5/26/11] The motion failed 185-233. [HR 1540, Vote #374, 5/26/11] Voted Against Prohibiting Airlines from Charging Baggage Fees to Military Personnel on Orders In 2011, Bilbray voted against prohibiting airlines from charging baggage fees to military personnel who are on orders. 291 DCCC Bilbray Research Book Last Updated 2/29/12 The motion prohibited airlines from charging baggage fees for four or fewer bags for members of the military travelling on orders or being deployed or returning from overseas operations. The motion failed 187-233. [HR 2553, Vote #610, 7/20/11] Voted Against Increased Funding for the Yellow Ribbon Program by $200 Million In 2011, Bilbray voted against a motion which increased funding for the Yellow Ribbon Program by $200 million. The motion increased funding for the Yellow Ribbon Program by $200 million dollars. “The Yellow Ribbon Program is a Department of Defense-wide effort to support National Guard and Reserve service member families with information on benefits and referrals before, during, and after deployments.” [Yellow Ribbon Program, Accessed 9/29/11] The motion failed 188-234. [HR 2219, Vote #531, 7/08/11] Opposed Troop Pay Raises, Quality of Life Improvements In 2010, Bilbray voted against the nearly $760 billion defense authorization bill, providing pay raises and quality of life improvements to the troops and their families. The bill authorized $725.9 billion for defense programs in fiscal 2011 and $33.7 billion in fiscal 2010 funding for the “surge” of additional forces in Afghanistan. It included $159.3 billion in fiscal 2011 contingent funds specifically authorized to support operations in Iraq and Afghanistan and the war on terrorism. Additional funds were allocated for equipment depleted by the war in Iraq, including combat vehicles; new battle gear for the Army National Guard and reserves; military pay raises; Special Operations forces; and quality of life improvements for troops and their families. [CQ Today, 5/28/10] The bill passed, 229-186. [HR 5136, Vote #336, 5/28/10] Opposed New GI Bill, Supported Final Version In 2008, Bilbray voted against an amendment that would create an expanded educational benefit for veterans, imposing a surtax on the very wealthy to offset the costs of the new veterans’ program and suspend implementation of seven Bush administration Medicaid regulations. The amendment appropriated $21.2 billion for domestic programs, military construction and foreign aid programs. It would provide $4.6 billion for military construction and $5.8 billion for levee building in Louisiana. The amendment would provide a permanent expansion of education benefits for post-Sept. 11 veterans, offset with a 0.47 percent surtax on modified adjusted gross income above $500,000 per year for individuals and $1 million for couples. 292 DCCC Bilbray Research Book Last Updated 2/29/12 It also would temporarily extend unemployment insurance benefits and place a moratorium through March 2009 on seven Medicaid regulations proposed by the administration. It would appropriate $9.9 billion for the State Department, USAID and international food assistance. [Congressional Quarterly, Congressional Quarterly Weekly, 5/16/08] The amendment passed 256-166. [HR 2642, Vote #330, 5/15/08] Later Supported Expanding GI Benefits for Veterans Education In 2008, Bilbray voted in favor of legislation making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes. The legislation expanded the education benefits veterans receive under the GI bill to restore the promise of a full, four-year college education and make the veterans of Iraq and Afghanistan part of an American economic recovery, just like the veterans of World War II were. The bill also allowed service members to transfer educational benefits to their spouses and dependents. [House Appropriations Committee Release, 6/19/08] The motion was agreed to by a vote of 416-12. [HR 2642, Vote #432, 6/19/08] Voted Against Funding Military Housing, Health Care and Pay Increase In 2008, Bilbray voted against a bill that would authorize $696.4 billion for defense programs in fiscal 2008, including $189.5 billion for the wars in Iraq and Afghanistan. The bill included $142.8 billion for operations and maintenance; $119.7 billion for military personnel; $23.7 billion for military construction and family housing and $23.1 billion for the Defense Health Program. The bill would also authorize a 3.5 percent pay increase for military personnel. [CQ Floor Votes, 1/16/08] The bill passed 369-46. [HR 4986, Vote #11, 1/16/08] Voted for Redundant Measure to Protect Seniors, Military from Hate Crimes In 2007, Bilbray voted in favor of a motion to recommit hate crimes legislation to the Judiciary Committee with instructions that it be reported back promptly with language that includes the elderly and military personnel among those protected by federal hate-crime law. [CQ Floor Votes, 5/03/07] Democrats largely opposed the motion it was viewed as a cynical attempt to kill the hate crimes bill and because individuals included in the amendment, seniors and members of the armed services, are already entitled to protection under the law. For example, it is already a Federal crime to kill or attempt to kill any member of the armed services under 18 U.S.C. 1114. Likewise, programs already exist to provide assistance to prosecutors and law enforcement in the enforcement of crimes against elders. 293 DCCC Bilbray Research Book Last Updated 2/29/12 According to Judiciary Chairman John Conyers (D-MI), the underlying bill was aimed at protecting classes of individuals “who have been and are the group-wide victims of systemic violence: hanging a man because of his race, dragging someone to death because they are disabled.” [Congressional Record, 5/03/07; Page H 4449] The motion was defeated 189-227. [HR 1592, Vote #298, 5/03/07] Voted Repeatedly for Pay Raises for Our Troops Bilbray has repeatedly voted to honor our troops’ service to our nation by giving them pay raises that they need, deserve and earned. 2008: Bilbray voted in favor of the fiscal year 2009 Defense Authorization bill. The bill would authorize $601.4 billion in defense programs at the Pentagon and Energy Department for fiscal year 2009, including the authorization of $70 billion for several months of combat in Iraq and Afghanistan and a 3.9 percent pay raise for U.S. military personnel. The bill passed 384-23. [CQ Today, 5/22/08; HR 5658, Vote #365, 5/22/08] 2007: Bilbray voted in favor of a bill to appropriate $459.6 billion in defense spending, including a 3.5 percent pay raise. The bill passed 395-13. [CQ Floor Votes, 8/05/07; HR 3222, Vote #846, 8/05/07] 2007: In 2007, Bilbray in favor of the fiscal year 2008 defense authorization bill, which authorized $645.5 billion, including a 3.5 percent increase in pay for military personnel. The bill passed 397-27. [CQ Floor Votes, 5/17/07; HR 1585, Vote #373, 5/17/07] 2006: Bilbray voted in favor of the Defense Appropriations bill, which contained a 2.2 percent pay raise for our troops. The bill passed 394-22. [CQ Floor Votes, 9/26/06; HR 5631, Vote #486, 9/20/06] 2000: Bilbray voted in favor of a defense appropriations bill that contained a 3.7 percent pay hike for military personnel. The bill passed 367-58. [CQ Floor Votes, 6/07/00; HR 4576, Vote #241, 6/07/00] 1999: Bilbray voted in favor of a defense appropriations bill that contained $5.5 billion in emergency spending for military pay raise. The bill passed 372-55. [CQ Today, 10/13/99; HR 2561, Vote #494, 10/13/99] 1999: Bilbray voted in favor of a defense authorization bill that contained a 4.8 percent military pay raise and increased retirement benefits. The bill passed 365-58. [CQ Floor Votes, 6/10/99; HR 1401, Vote #191, 6/10/99] 1999: Bilbray voted in favor of a supplemental appropriations bill which included $1.8 billion for a pay raise for the military. [CQ Floor Votes, 5/06/99; HR 1664, Vote #120, 5/06/99] Supported Equipment, Armor for Military Personnel 294 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted for the year 2008 defense authorization bill, which authorized $645.5 billion for fiscal 2008 defense-related spending, including $141.8 billion in fiscal 2008 emergency supplemental funding for ongoing military operations in Iraq and Afghanistan, including a 3.5 percent increase in pay for military personnel. According to Congressional Quarterly, the Democratic authors of the bill “prioritized funding for current troop needs and readiness issues.” The bill authorized $1 billion for National Guard and Reserve equipment to address their unfunded requirements list. The bill also included priority funding for troop support in Iraq, such as the $4.6 billion authorized for Mine Resistant Ambush Protected Vehicles, which are intended to reduce casualties in vehicles from IED attacks. In addition, the bill authorized $697 million for night vision devices including weapon sights, night vision goggles and other monocular devices, while authorizing $250 million more than the president requested for unfunded training requirements. [Congressional Quarterly Bill Summary, HR 1585] The bill passed 397-27. [HR 1585, Vote #373, 5/17/07] Voted for Funding for Troops in Iraq, Afghanistan In 2007, Bilbray voted for an emergency appropriations bill that included $7.7 billion for military operations in Iraq and Afghanistan. The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $3.1 billion for military base closure expenses, $1.8 billion for veterans’ medical care, $650 million for the State Children’s Health Insurance Program, $2.9 billion for hurricane relief, $1.1 billion for anti-terrorism homeland security activities and $3 billion for agriculture disaster relief. The measure also included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] 295 DCCC Bilbray Research Book Last Updated 2/29/12 Other Social Issues Significant Findings History of Offensive, Inappropriate Remarks Supported Drug Testing for County Supervisors Bilbray has a history of making offensive and inappropriate remarks regarding women and minorities. He defended himself saying he was not a “politically correct, bleeding-heart liberal that panders to every extremist group that demands that I jump through hoops.” As a Supervisor, Bilbray supported the idea of drug testing for the Supervisors if the county adopted a policy requiring such testing for county employees. “It would be hypocritical for us not to subject ourselves to the same tests we demand of employees,” said Bilbray. Tasteless Remarks about Women and Minorities In June 1996, Bilbray attended a gathering where approximately 30 people were present. At the event, Bilbray made discriminating remarks about women and minorities and even alluded to the need for discrimination protections for white males. He said he opposed same-sex marriage and equated such unions with polygamy and incest. He also said women should be allowed to have two husbands because women were “high maintenance.” He later claimed the statement was made in jest. [San Diego Union-Tribune, 7/21/96] Bilbray: Marriage is Not a Right Bilbray said, “Marriage is not a right; it’s a privilege that the government has regulated for thousands of years.” [San Diego Union-Tribune, 7/21/96] Attacked Female Critics Following protests against his remarks by women, Bilbray lashed back at them, saying, “I’m not their politically correct, bleeding-heart liberal that panders to every extremist group that demands that I jump through hoops.” [San Diego Union-Tribune, 7/21/96] Apologized for Inappropriate Remarks In August 1995, Bilbray apologize for telling an off-color story to a female political activist, Donna Frye, who also owned a local surf shop in San Diego. According to the San Diego Union-Tribune: 296 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray told a story about how his whacky friend Corky Carroll, a one-time world champion surfer, would sometimes expose himself through a hole in his pants pocket when someone asked him for spare change. While he wasn’t graphic in his language, Bilbray reached into his pocket in a mock demonstration of Carroll’s crude antics, according to Frye. Frye said she expected more eloquent discourse from the congressman, and she feels that Bilbray was condescending. “He assumed we were such crude kind of people . . . like that’s the way we (surfers) speak,” she said. [San Diego UnionTribune, 8/04/95] Some People Choose “Vagabond Lifestyle” In February 1985 during a debate on the homeless, Bilbray said, “Frankly, I am not sure that giving every one of these persons a home is an answer because many of them don’t want a home. Some people choose what used to be called a vagabond lifestyle and we need to recognize that.” [San Diego Union-Tribune, 2/20/85] Supported Drug Tests for Supervisors if County Tested Employees In January 1986, Bilbray said he would support drug testing members of the Board of Supervisors if the county adopted the policy of drug testing all county employees. “It would be hypocritical for us not to subject ourselves to the same tests we demand of employees,” said Bilbray. [San Diego Union-Tribune, 1/31/86] Urged Justice, Pentagon to Protect Mt. Soledad Memorial In January 2011, Bilbray and fellow San Diego Congressman Duncan Hunter sent a letter to the Departments of Justice and Defense urging them to defend the Mt. Soledad Memorial against a recent ruling by the Ninth Circuit declaring the memorial unconstitutional because of the display of a cross. [State News Service, 1/06/11] Voted to Make Benefits for Seniors and Veterans Harder to Get In 2011, Bilbray voted for an amendment that would make it harder for low-income veterans and Social Security recipients to retain counsel in a civil action against the United States, like when fighting for benefits. The Lummis amendment imposed a seven-month moratorium on all legal fees paid under the Equal Access to Justice Act, a Reagan-era law designed to help people afford an attorney while suing the government. “We’re in the middle of two wars right now and to make it harder for a veteran — fighting for his benefits — to have an attorney is a horrible thing. That’s not what this country is about,” Robert Chishold, a prominent veterans’ law attorney said. [Politico, 2/23/11] The amendment passed, 232-197. [HR 1, Lummis amendment #195, Vote #85, 2/17/11] Voted to Cut Community Service Block Grants by $100 Million 297 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray voted to cut Community Service Block Grant programs by $100 million. The amendment was rejected, 115-316. [HR 1, Flake amendment #457, Vote #72, 2/17/11] Opposed Expanding National and Community Service Programs In 2009, Bilbray voted against a motion to concur that amended the 1990 National and Community Service Act to expand the mission of the Corporation for National and Community Service to introduce new programs to provide incentives for students and senior citizens to participate in community service. The bill increased the education reward for participants in national volunteer programs from $4,725 to $5,250. It also created a one year encore fellowship for those age 55 or older and a summer service program for middle and high school students, and it established a clean-energy corps, an education corps, a veterans corps, a healthy future corps and an opportunity corps with a goal of boosting financial literacy. It also created a National Day of Service and Remembrance on September 11th. [CQ Weekly, 4/06/09] The bill authorized funding from fiscal 2010-2014 for AmeriCorps, Volunteers in Service to America program. Learn and Serve America, Retired and Senior Volunteer Program, Foster Grandparent Program, and the Senior Companion Program. [CQ Floor Votes, HR 1388] The motion passed 275-149. [HR 1388, Vote #169, 3/31/09] Voted to Cut Funds from DC’s Needle Exchange Program In 2007, Bilbray voted in favor of an amendment to the 2008 Financial Services appropriations bill that that would prohibit the use of funds for the District of Columbia for any Needle Exchange Program. [CQ Floor Votes, 6/28/07] The amendment was defeated 208 – 216. [HR 2829, Vote #589, 6/28/07] Voted to Block DC Needle Exchange in 2000 In 2000, Bilbray voted in favor of an amendment to the District of Columbia’s fiscal year 2001 appropriations bill to expand the bill’s restriction on funding needle exchange programs to apply to both federal and local funds. [CQ Floor Votes, 9/14/00] The amendment passed 239-181. [HR 4942, Vote #473, 9/14/00] Voted to Block DC Needle Exchange in 1999 In 1999, Bilbray voted in favor of an amendment to prohibit the District of Columbia from using any federal, local or other funds for a needle exchange program. [CQ Floor Votes, 7/29/99] The amendment passed 241-187. [HR 2587, Vote #344, 7/29/99] Voted to Block DC Needle Exchange in 1998 298 DCCC Bilbray Research Book Last Updated 2/29/12 In 1998, Bilbray voted in favor of an amendment to prohibit the District of Columbia from using any federal or local funds for a needle exchange program. [CQ Floor Votes, 8/07/98] The amendment passed 250-169. [HR 4380, Vote #412, 8/07/98] Voted to Block Needle Exchange Programs in 1998 In 1998, Bilbray voted in favor of a bill to prohibit the use of federal funds for needle distribution programs. [CQ Floor Votes, 4/29/98] The bill passed 287-140. [HR 3717, Vote #114, 4/29/98] Supported Public Expressions of Religion by Government Officials In 2006, Bilbray voted in favor of a bill that, according to Congressional Quarterly, was aimed at “making it more difficult and expensive to sue government officials regarding public expressions of religion.” The bill would prohibit plaintiffs in such lawsuits from recovering monetary damages, costs or lawyers’ fees. Supporters of the bill said it was necessary to prevent a chilling of First Amendment rights to free speech and exercise of religion. But critics charged that the measure was potentially unconstitutional and left plaintiffs with no realistic remedy or means to deter government officials from acting in ways forbidden by the First Amendment. [CQ Today, 9/25/06] The bill passed 244-173. [HR2679, Vote #480, 9/26/06] Opposed Preventing Children from Gambling On-Line In 2006, Bilbray voted against a motion to regulate on-line gambling that would have helped prevent children from placing bets on the internet. The bill included protections for children for intrastate betting but not for interstate betting. The motion would have forced the bill back to committee with instructions to include language to provide for the prevention of all types of betting by minors. Specifically, it would have required anyone accepting bets to use a “secure and effective customer identity verification system to assure compliance with applicable age and residence requirements.” [HR 4411, Vote #362, 7/11/06; Rep. Conyers floor statement and motion to recommit] The motion failed 167-243 [HR4411, Vote #362, 7/11/06] Opposed Legal Challenges to Pledge of Allegiance In 2006, Bilbray voted in favor of a bill that would bar most federal courts, including the Supreme Court, from hearing constitutional challenges to the Pledge of Allegiance. 299 DCCC Bilbray Research Book Last Updated 2/29/12 The bill was aimed at preventing federal judges from ruling that the phrase “under God” in the pledge was unconstitutional. Congress inserted the “under God” phrase into the pledge in 1954. In 2002, the U.S. Court of Appeals for the 9th Circuit ruled that “under God” in the pledge amounted to an unconstitutional establishment of religion. The Supreme Court reversed the 9th Circuit in June 2004 on technical, not constitutional, grounds. Democrats said that the bill was unnecessary and that the House should focus on other issues instead, such as an increase in the minimum wage, health care, the Middle East crisis and the war in Iraq. [HR 2389, Vote #385, 7/19/06; CQ Today, 7/19/06] The bill passed 260-167. [HR2389, Vote #385, 7/19/06] Supported Ban on Flag Burning in Previous Years Bilbray has consistently voted in favor of a Constitutional ban on the burning and desecration of the American flag. 1999: Bilbray voted in favor of a resolution proposing a constitutional amendment to give Congress the power to prohibit physical desecration of the U.S. flag. The resolution passed 305-124. [CQ Floor Votes, 6/24/99; HJR 33, Vote #252, 6/24/99] 1997: Bilbray voted in favor of a joint resolution to propose a constitutional amendment to allow Congress to prohibit physical desecration of the U.S. flag. The resolution passed 310-114. [CQ Floor Votes, 6/12/97; HJR 54, Vote #202, 6/12/97] Opposed Medical Marijuana In 2007, Bilbray voted against an amendment to protect state laws that allow the use of medical marijuana. The amendment was an attempt to bar the use of funds in the fiscal year 2008 Commerce-Justice-Science Appropriations bill to prevent the implementation of state laws authorizing the use of marijuana for medical reasons in certain states. [CQ Floor Votes, 7/25/07] The amendment was defeated 165-262. [HR 3093, Vote #733, 7/25/07] Worried County Was Sending Signals Only Minorities Use PCP In February 1985, Bilbray voiced concern during a member of the San Diego Board of Supervisors that new anti-PCP programs from the county would create an impression that only racial minorities used PCP. He noted that poor people, no matter what their race, are the most likely to use PCP. [San Diego UnionTribune, 2/09/85] Supported Sale of Lottery Tickets at County Courthouse 300 DCCC Bilbray Research Book Last Updated 2/29/12 In November 1985, Bilbray cast the deciding vote on the San Diego County Board of Supervisors to allow the concessions stand in the County Courthouse to sell lottery tickets. “Regardless of how this board feels about the issue, the fact is it is a legal activity in this state,” said Bilbray. “This is not the place to make moral decisions on this issue.” [Los Angeles Times, 11/06/85] Voted Against Clean-Needle Exchange In July 1992, Bilbray voted against a proposal to legalize clean-needle exchange programs for intravenous drug users. “It would be a crime for government to send a message that somehow there is a safe way to use drugs,” said Bilbray. [Los Angeles Times, 7/29/92] Opposed Grant for Alcohol Awareness In February 1989, Bilbray opposed the application of the county for a grant to assist in alcohol awareness and to teach members of the community how to speak out against liquor-license applications. “This reeks of social engineering right from the beginning,” said Bilbray. [Los Angeles Times, 2/01/89] 301 DCCC Bilbray Research Book Last Updated 2/29/12 Seniors’ Issues – Medicare, Medicaid and Prescription Drugs Significant Findings Voted to End Medicare History of Cuts to Medicare Opposed Medicare Prescription Drug Negotiation Voted to Prevent Reimportation of Prescription Drugs Bilbray voted against protecting Medicare from privatization proposals, including the Ryan budget proposal that would end Medicare and double seniors’ out of pocket costs. During the 1990s, he voted to clash Medicare funding by billions of dollars. Bilbray opposed efforts to allow Medicare to negotiate for cheaper prescription drug prices and also voted to prevent reimportation of prescription drugs to provide affordable options for seniors. Voted for Republican Budget Proposal to End Medicare In April 2011, Bilbray voted for the 2012 Republican Ryan budget. The Republican plan would essentially end Medicare, which now pays most of the health-care bills for 48 million elderly and disabled Americans, as a program that directly pays those bills. [H.Con.Res. 34, Vote #277, 4/15/11; Wall Street Journal, 4/04/11] Supported $115 Billion Medicare Cut In June 1997, Bilbray voted in favor of a budget plan that cut Medicare funding by $115 billion over five years and increased seniors’ premiums. Federal spending would be 12 percent higher in 2002 than in 1998. But that increase would be more than offset by projected revenue from anticipated economic growth and yet-to-be-legislated spending curbs. The measure laid the framework for $135 billion in tax cuts consisting mainly of capital gains reductions, estate tax relief, tax credits for families with children, and credits and deductions for higher education. [Washington Post, 6/12/97] The resolution passed 327-97. [HCR 84, Vote #166, 6/05/97] Supported $270 Billion in Cuts to Medicare 302 DCCC Bilbray Research Book Last Updated 2/29/12 In 1995, Bilbray voted in favor of a Republican budget plan that would have cut Medicare by $270 billion -- the deepest cuts in history -- to pay for $245 billion in tax cuts primarily targeted to the wealthy. The GOP budget would have cut Medicare by three times the amount necessary to keep the Medicare Trust Fund solvent. [Spending estimates from March 1995 CBO Baseline; Veto message on HR 2491, 12/06/95; Washington Post, 10/29/95] The same budget also cut Medicaid by $163 billion over seven years, stripping guaranteed Medicaid coverage for 36 million Americans. By 2002 alone, 3.8 million children, 1.3 million people with disabilities and 850,000 seniors would have lost their coverage. The budget plan passed 237-189. [HR 2496, Vote #812, 11/17/95] Voted Against Protecting Social Security and Medicare Benefits from Privatization In March 2011, Bilbray voted against a measure that would have prohibited continuing appropriations funds for fiscal year 2011 for being used in developing or implementing a system that cuts Social Security benefits or that privatizes Social Security. The amendment also prohibited funds from being used to develop or implement a system that cuts Medicare benefits, eliminates guaranteed health coverage for seniors or establishes a Medicare voucher plan that limits payments to beneficiaries in order to purchase health care in the private sector. The motion failed, 190-239. [HJR 48, Vote #178, 2/15/11] Opposed Medicare Prescription Drug Negotiation In 2007, Bilbray voted against requiring the Health and Human Services (HHS) Department to negotiate with drug companies for lower prices. The bill included discounts, rebates, and other price concessions that may be charged for drugs covered under the Medicare Part D prescription drug program. [Chicago Tribune, 1/13/07; CQ Weekly, 1/08/07] The bill passed 255-170. [HR 4, Vote #23, 1/12/07] Voted to Prevent Reimportation of Prescription Drugs In 2007, Bilbray voted in favor of an amendment to the Department of Agriculture appropriations bill to prevent the reimportation of prescription drugs. The amendment would have removed language in the bill which barred the use of funds by the Food and Drug Administration (FDA) to prevent individuals, wholesalers and pharmacists from importing FDAapproved prescription drugs. [CQ Floor Votes, 8/02/07] 303 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 152-278. [HR 3161, Vote #806, 8/02/07] Opposed Raising Medicare Eligibility Age In 1997, Bilbray voted in favor of a motion to instruct the House conferees to oppose a Senate provision raising the age for Medicare eligibility from 65 to 67. [CQ Floor Votes, 7/10/97] The measure passed 414-14. [HR 2015, Vote #257, 7/10/97] Supported Bill to Protect Seniors from Abuse In 2008, Bilbray voted for a bill that was aimed at protecting seniors from abuse. Specifically, the bill would direct the attorney general to study state laws on the abuse, neglect and exploitation of elderly people and report back to Congress. The measure would authorize $3 million annually from fiscal year 2009 to fiscal year 2015 for the attorney general to develop a strategy for preventing abuse and exploitation of the elderly. [CQ Today, 9/23/08] The bill passed 387-28. [HR 5352, Vote #626, 9/23/08] Voted Against Cuts to Medicare Payments to Physicians, Against Increased Funding In 2008, Bilbray voted for a bill to stop a 10.6 percent cut in Medicare’s physician payment rates, scheduled to take effect July 1, 2008. The White House opposed a provision that would partially offset the cost of the bill by cutting some bonus payments to private Medicare Advantage plans in areas with teaching hospitals. Medicare Advantage plans are paid at a higher rate than traditional Medicare, and Democrats have long argued that the private plans’ rates should be cut. The Bush administration and many Republicans argue that the plans inject private competition into the market and will eventually lower costs. A Government Accountability Office study released in June 2008 found that in 2005 the private plans often overestimated how much money they spent on patient care, leading to higher than projected profits. [CQ Today, 6/25/08] The motion was agreed to by a vote of 355-59. [HR 6331, Vote #443, 6/24/08] Voted to Block Bonuses for Presidential Appointees in SSA, Medicare In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to block bonuses for senior level employees or presidential appointees to the Social Security Administration, Medicare or Medicaid. The amendment would have barred the use of funds in the bill for a bonus or other performance-based cash award to any employee of the Social Security Administration or the Centers for Medicare and Medicaid Services who was appointed by the president and confirmed by the Senate, or is in a senior executive service position. [CQ Floor Votes, 7/19/07] 304 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 185-238. [HR 3043, Vote #672, 7/19/07] Supported Delay to Medicaid Cuts In 2008, Bilbray voted for a moratorium on the implementation of new Medicaid rules that the Bush Administration said were aimed at ending federal payment for services they don’t think Medicaid should cover and curtailing abuses in the system. [Congressional Quarterly, 5/02/08] Senator Chuck Grassley (R-IA) decried the bill on the Senate floor the week prior to the House vote on the measure. He argued that HR 5613 would spend $1.7 billion to delay the Medicaid regulations suggested by President Bush until 2009. Grassley also cautioned that if the regulations were indefinitely delayed, the cost to taxpayers could be “almost $20 billion over the next five years and almost $50 billion over the next ten years.” [U.S. Senate, 4/16/08] The motion passed 349-62. [HR 5613 Vote #209, 4/23/08] Supported Repeal of Nursing Home Standards In 1995, Bilbray voted in favor of a radical restructuring of Medicaid in the House-passed Budget Reconciliation bill. The bill ended the federal Medicaid program by block granting Medicaid funds to the individual states. This would allow the states to run their own programs--using federal funds--without any help or input from the federal government. Under this plan, Medicaid funding would have been cut by $170 billion over seven years. In addition, this legislation would have ended federal mandates for nursing home standards and placed the responsibility on the states to adopt their own standards. This action would have left nursing home residents vulnerable to the whims of the states and to improper care at poorly equipped facilities. [Congressional Quarterly, 10/14/95, p. 3125; CQ Almanac 1995, p.2-49] The bill passed 227-203. [HR 2491, Vote #743, 10/26/95] 305 DCCC Bilbray Research Book Last Updated 2/29/12 Seniors’ Issues – Social Security Issues Significant Findings Supported Private Option for Social Security Voted Against Protecting Social Security from Privatization Flip-Flopped on Protecting Social Security in Lockbox Bilbray has failed to stand up and defend Social Security from the threat of privatization. In 2000, Bilbray supported a private option for Social Security in addition to the traditional program. During the 1990s, Bilbray voted against proposals to protect the Social Security surplus by putting it into a lockbox. But in 1999, he finally voted for a budget that would include a lockbox. Open to Private Accounts for Social Security In 2000, Bilbray said he was open to the idea of private accounts in Social Security: I support looking seriously into the option of allowing workers to save a portion of their payroll taxes in a personal retirement account. This should not be a replacement for the current Social Security program, but a supplement where the current program acts as a safety net. We are approaching a time when the baby boomers will be reaching retirement age and the SS Trust Fund is endangered of becoming insolvent. This option and others need to be explored thoroughly and soon. [SocialSecurity.org, accessed 2/17/12] Bilbray Again Supported Privatizing Social Security In April 2006, Bilbray said he “supports Social Security reforms that include investments in the markets.” He continued, “I do believe that any Social Security Reform will have to include methods of investment and personal ownership.” [North County Times, 4/02/06] Leading Privatization Supporter: There’s No Difference Between Privatization and Personal Accounts According to the Star Tribune, “The word ‘privatization’ has been part of the Social Security debate for many years and has been used by many Republicans. The Cato Institute, a libertarian think tank in Washington and an advocate of the idea, used to call its effort ‘the project on Social Security privatization.’” 306 DCCC Bilbray Research Book Last Updated 2/29/12 From the Star Tribune: Michael Tanner, director of that project, agrees that the Democrats are using the word because they think it’s scarier but said he thinks the Republicans are wrong to reply with “a silly, semantic argument.” “Republicans like to say they’re a little bit for privatization, then, when the Democrats attack them, they curl up in a fetal position and talk about how much they love their grandmother.” Instead, he suggests, Republicans should defend the position that individual accounts are the best way to save Social Security. Cato has a fresh poll that Tanner said shows that when the issue is properly framed, a majority of Americans favor individual accounts. Still, he said, word choices are important. So Cato recently changed the name of the program to “the project on Social Security choice.” [Star Tribune, 8/05/02] Leading Privatization Opponent: Individual Accounts Means “Privatization” According to AARP, “‘Privatization’ is often used as shorthand for the idea of taking some of the money workers currently pay into the Social Security system and diverting it into individually owned accounts, where each worker would bear some risk for how his or her investments performed. These accounts would be ‘carved-out’ of Social Security.” From AARP: Diverting money away from Social Security and into individual accounts is risky and involves trading some of today’s inflation protected, lifetime guaranteed benefit for an account subject to market risk and not guaranteed to last a lifetime or keep pace with inflation. Inflation, market turns or loss of employment can mean that your private account may not have enough money to provide an adequate benefit. Unfortunately, there is a lot of debate on the semantics rather than the substance. Essentially it doesn’t matter if you call the concept ‘privatization,’ ‘personalization,’ or anything else—diverting Social Security revenues into individual accounts shifts risk to the individual and hurts the financial status of Social Security itself.” [AARP via pbs.org] Voted Against Protecting Social Security and Medicare Benefits from Privatization In March 2011, Bilbray voted against a measure that would have prohibited continuing appropriations funds for fiscal year 2011 for being used in developing or implementing a system that cuts Social Security benefits or that privatizes Social Security. 307 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment also prohibited funds from being used to develop or implement a system that cuts Medicare benefits, eliminates guaranteed health coverage for seniors or establishes a Medicare voucher plan that limits payments to beneficiaries in order to purchase health care in the private sector. The motion failed, 190-239. [HJR 48, Vote #178, 2/15/11] Opposed Protecting 100 Percent of Surplus for Social Security In 1999, Bilbray voted against a Democratic “lock box” plan that would have protected 100 percent of the Social Security surplus and kept it from being spent on other programs or tax cuts. [CQ Floor Votes, 5/26/99] The proposal was defeated 205-222. [HR 1259, Vote #163, 5/26/99] Opposed “Lock Box” Plan in 1998 In 1998, Bilbray voted against a Democratic plan to institute a Social Security “lock box.” The plan would have held the entire surplus in reserve for Social Security. [CQ Floor Votes, 9/25/98] The amendment was defeated 210-216. [HR 4578, Vote #463, 9/25/98] Supported Social Security “Lock Box” In 1999, Bilbray voted in favor of a so-called “Social Security Lock Box” plan. The plan would have set-aside the Social Security surplus to guarantee the solvency of both Social Security and Medicare. Critics, however, noted that the lock box could be easily overridden, in reality allowing the surplus to be used for other purposes. [Center on Budget & Policy Priorities, The Lock-Box Proposal & The Economy, 3/19/99] The bill passed 416-12. [HR 1259, Vote #164, 5/26/99] Opposed Protecting Social Security In 1997, Bilbray voted against a proposal to protect Social Security by providing that the first $100 billion of any budget surplus be used to take Social Security off-budget. In addition, the measure changed the Medicare sequestration formula to limit Medicare Part-B premium increases and limited the total amount of spending sequestration to the amount total entitlement spending exceeds the total entitlement-spending cap. [CQ Floor Votes, 7/23/97] The motion was defeated 148-279. [HR 2003, Vote #300, 7/23/97] Voted Against Protecting Social Security Bilbray voted against a substitute to the tax bill that provided that the tax cuts in the underlying 308 DCCC Bilbray Research Book Last Updated 2/29/12 bill would not take effect until Congress enacts legislation to ensure the long-term solvency of the Social Security system. [CQ Floor Votes, 9/26/98] The amendment was defeated 197-227. [HR 4579, Vote #468, 9/26/98] Said Reduction in Social Security Office Hours was Result of Wasteful Spending In 2011, Social Security offices cut their daily service hours by 30 minutes because Congress failed to provide the agency with nearly $1 billion in requested funding. The seven Social Security offices in San Diego County - including one in Oceanside and one in San Marcos - would be open to the public from 9 a.m. to 3:30 p.m., said Inez Yanora, manager of the San Diego office. Bilbray said the reduction in office hours available to the public stemmed from “years of wasteful Washington spending and our country’s precarious budget situation.” He stressed that his district offices have caseworkers available to help people having problems with the Social Security Administration. [North County Times, 7/26/11] Voted to Protect Social Security Privatization Supporter In 2007, Bilbray voted against an amendment to the fiscal year 2008 appropriations bill for the Departments of Education, Labor and Health and Human Services to bar the use of funds in the bill to pay the salary of the deputy commissioner of Social Security without a Senate vote confirming the appointment of the deputy commissioner. The amendment was aimed at blocking salary payments to Andrew Biggs, the deputy commissioner of Social Security and an advocate of privatizing Social Security. President Bush had installed Biggs with a recess appointment to avert Senate confirmation hearings that would examine his views on privatization. [Washington Post, 7/22/07] The amendment passed 231-199. [HR 3043, Vote #665, 7/18/07] Opposed Higher Taxes for Social Security Recipients In 2000, Bilbray voted in favor of a bill that would repeal a tax imposed in 1993 that increased the portion of Social Security benefits subject to taxation from 50 percent to 85 for the one-fifth of Social Security recipients with the highest incomes. The 1993 tax increased to 85 percent, the part of Social Security benefits subject to income tax when a recipient’s income including half the annual Social Security benefit, exceeded $34,000 for a single person and $44,000 for a married couple. The revenue generated by the 1993 tax was $8 billion in 2000 alone and was projected to total $117 billion over the following decade. This revenue was earmarked only for Medicare, but the bill provided that the revenues that would have been collected had the tax not been repealed would be transferred to the Medicare trust fund from the general fund. [New York Times, 7/28/00] The bill passed, 265-159. [HR 4865, Vote #450, 7/27/00; New York Times, 7/28/00] Supported Using Social Security Surplus to Pay for Tax Cuts 309 DCCC Bilbray Research Book Last Updated 2/29/12 In 1998, Bilbray voted in favor of a bill to cut taxes by $80.1 billion over five years, including $6.6 billion in cuts in fiscal 1999, by extending expired provisions such as the research tax credit, reducing taxes for farmers and married couples and making health insurance premiums 100 percent deductible for the selfemployed. According to the Center for Budget and Policy Priorities, the tax cut would “divert portions of the surplus designated by statute for the Social Security system to finance tax cuts.” [Center for Responsive Politics, 9/16/98] The Washington Post called the bill, “the purest folly,” and said it “makes no sense as either economic or social policy; it is a checklist of political promises whose only relationship is that each is meant to generate votes.” [Washington Post, 9/25/98, 9/27/98] The bill passed 229-195. [HR 4579, Vote #469, 9/26/98] Voted to Prevent Illegal Immigrants from Receiving Social Security In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 appropriations bill for the Departments of Labor, Health and Human Services and Education to prevent implementation of a totalization agreement between the United States’ and Mexico’s Social Security systems. The amendment barred the use of funds in the bill by the Social Security Administration to compensate employees who administer Social Security benefit payments under any agreement between the United States and Mexico that establishes arrangements between the two nations’ social security benefits systems. [CQ Floor Votes, 7/19/07] The amendment was aimed at blocking illegal immigrants from receiving Social Security benefits through a loophole in the Social Security totalization agreement between the United States and Mexico. According to the amendment’s sponsor, Congressman Phil Gingrey (R-GA), “Our totalization agreement with Mexico threatens the Social Security Trust Fund by allowing Mexican workers in the U.S. to claim Social Security benefits and vice versa.” Gingrey claimed his amendment would prohibit funding for the current totalization agreement, which was signed in 2004. [Congressman Phil Gingrey press release, 7/19/07; Arizona Republic, 6/26/04] Opponents of the amendment said that there is no way under existing law that anyone who does not have authorization to work in this country, including undocumented immigrants, qualify for receipt of Social Security benefits. [Statement of Congressman Xavier Becerra, Congressional Record, 7/18/07; Page H8108] The amendment passed 254 – 168. [HR 3043, Vote #673, 7/19/07] 310 DCCC Bilbray Research Book Last Updated 2/29/12 Small Business Issues Significant Findings Opposed Small Business Incentives Voted Against Reforms to Increase Small Business Contracting Bilbray cast multiple votes undermining America’s small businesses. He voted against efforts to extend credit to small businesses to provide them with the capital they need to create jobs. Bilbray also voted against reforms that would make it easier for small businesses to contract with the federal government. Voted Against Increased Funding for Economic Development Assistance In 2011, Bilbray voted against increased funding for economic development assistance programs in the Economic Development Administration of the Commerce Department by $80 million. Equal funding would be taken from funds for the periodic census at the Census Bureau. According to Michaud, from 2004 to 2008, the EDA-funded projects directly led to the creation of approximately 200,000 jobs nationwide. [Michaud press release, 2/16/11] The amendment was adopted, 305-127. [HR 1, Michaud amendment #153, Vote #50, 2/16/11] Opposed Extending Credit to Small Businesses In 2010, Bilbray opposed extending credit to small businesses by establishing a $30 billion lending fund to invest in financial institutions like community banks. The fund would be administered by the Treasury Department. Democrats focused on small business lending as a May 2010 Joint Economic Committee report found that small business hiring was 20 percent below 2001-2007 averages. The bill also created a $2 billion state small-business credit initiative, which would assist state and municipal programs that provide small businesses access to capital, and a $1 billion Small Business Administration program to make investments in “early stage” small businesses. [CQ Today, 6/17/10] The bill passed, 241-182. [HR 5297, Vote #375, 6/17/10] Opposed Tax Breaks for Small Businesses and Startups In 2010, Bilbray voted against providing $3.6 billion in tax incentives for small businesses. 311 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would temporarily exclude 100 percent of the tax on capital gains from the sale of certain smallbusiness stock and would increase the amount of startup expenses that small businesses could deduct in their first year of business. “People frequently cite statistics that say that small businesses create most of the new private-sector jobs, and they’re right,” said Rep. Robert E. Andrews. “I think after all the words, it’s time that we had some actions that actually benefit small businesspeople in the country. This bill provides such actions.” While the bill would cost $3.6 billion over 10 years, it would raise an estimated $7.1 billion over the same period due to two offsets. The bill would modify the estate-planning tax code, requiring a minimum 10 year term for grantorretained annuity trusts, and would exclude a papermaking byproduct known as crude tall oil from eligibility for the cellulosic biofuel tax credit. [CQ Today, 6/15/10] The bill passed, 247-170. [HR 5486, Vote #363, 6/15/10] Voted to Kill Tax Incentives and Hurt Small Businesses In 2010, Bilbray voted to kill a $16.8 billion tax incentive package by supporting a motion to recommit, allowing the bill to be amended with provisions that would repeal certain provisions of the health care reform bill, like the caps on the amount that can be deposited in flexible spending accounts. The motion to recommit would derail a bill helping small businesses grow and hire more workers by extending bonds and tax incentives to spur growth and extend financing for construction projects. [CQ Weekly, 3/29/10] The motion to recommit was defeated, 184-239. [HR 4849, Vote #181, 3/24/10] Opposed Increased Federal Contracting with American Businesses In 2007, Bilbray voted against an amendment aimed at increasing federal contracting with American small businesses. The amendment extended small business contracting goals to the federal government’s overseas contracts By including overseas contracts in federal small business contracting goals, federal agencies will be discouraged from using foreign companies or outsourcing to large businesses that then may subcontract with foreign companies. Reports estimate that by extending contracting goals to the government’s overseas contracts American small businesses could gain contracts worth nearly $15 billion. [Congressman Heath Shuler press release, 5/10/07] The amendment passed 398-29. [HR 1873, Vote #320, 5/10/07] Opposed Increased Small Business Access to Homeland Security Contracting 312 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against the fiscal year 2008 Department of Homeland Security authorization bill. The bill authorized $39.9 billion for homeland security programs, including $300 million between fiscal 2008 and 2010 for grants to states to prevent terrorists or other individuals from fraudulently obtaining and using state-issued identification cards, as well as for developing more secure documents for issuance by the states. [Congressional Quarterly] The bill reinstated critical funding for first responder programs like the State Homeland Security Grant program and FIRE Act grants. [Committee on Homeland Security, 5/09/07] The bill also required the department to conduct a comprehensive homeland security review, and eliminated the department’s authority to establish a unique personnel management system. [Congressional Quarterly] The bill also increased the ability of the Inspector General to investigate disaster response and border security programs and strengthened the integrity in the agency’s contracting practices and promotes small business opportunities. [Committee on Homeland Security, 5/09/07] The bill passed 296-126. [HR 1684, Vote #318, 5/09/07] Opposed Creating Jobs and Helping Small Businesses Through Tax Incentives In 2010, Bilbray voted against helping small businesses and creating jobs by spurring investment in local rebuilding projects. The $16.8 billion package would help small businesses grow and hire more workers by extending Build America Bonds to ease financing schools, sewers and hospital construction; a 100 percent exclusion of small business capital gains to spur investment; and an increase in the tax deduction for start-up expenditures to encourage the formation of new small businesses. The cost of the bill was in part covered by a provision that would require U.S. subsidiaries of foreignowned companies to pay taxes they could previously avoid by sending the funds to another country. The provision was expected to raise $7.7 billion over 10 years. [CQ Today, 3/24/10] The bill passed, 246-178. [HR 4849, Vote #182, 3/24/10] Voted Against Small Business Tax Relief In 2010, Bilbray voted against the Small Business Tax Relief Act, repealing a section of the health care reform bill that required small businesses to file a 1099 form to the IRS for payments of more than $600 to any vendor during a tax year. The bill would have paid for the $19.2 billion compliance requirement with offsets placing new limits on the ability of U.S.-based companies to use certain foreign tax credit loopholes to lower their tax liability. Democrats argued that the tax laws provided incentives to move jobs overseas. [CQ Today, 7/30/10] The bill failed, 241-154. [HR 5982, Vote #514, 7/30/10] 313 DCCC Bilbray Research Book Last Updated 2/29/12 Supported Reauthorization of Small Business Research and Technology Programs In 2008, Bilbray voted in favor of amending the Small Business Act to improve the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program. The bill would grant awards for research and development projects conducted by small businesses and would require agencies to spend a larger portion of their research and development budgets on innovative research and technology transfer project awards. As amended by the House, the measure would encourage more grant applications from small-business owners who are service-disabled veterans. It would provide that veterans will be given priority when applying for SBIR and STTR awards. The measure would also prohibit businesses owned or partly owned by an illegal immigrant from receiving Small Business Innovation Research grants and would ban any business that knowingly recruited or hired an illegal immigrant from receiving future grants. [Congressional Quarterly] The bill passed 368-43. [HR 5819, Vote #217, 4/23/08] Voted to Stall Legislation to Award Small Business Grants In 2008, Bilbray voted to kill a bill to give preference in awarding grants to businesses that are owned by veterans, located in areas with high unemployment or that have taken steps to increase energy efficiency and reduce carbon emissions. [CQ Floor Votes, 4/23/08] During debate on the motion, Congressman Heller (R-NV) defended his motion, suggesting it would “help research ways to lower the price of fuel for Americans and small businesses.” Rep. Heller argued that H.R. 5819 should have also included “projects that have potential to lower gas and diesel costs.” [U.S. House of Representatives, 4/23/08] The motion was rejected 195-215. [HR 5819, Vote #216, 4/23/08] Supported Allowing Small Businesses Greater Access to Investors In 2007, Bilbray voted for a bill that reauthorized and expanded investment programs run by the Small Business Administration (SBA). In particular the legislation updated the Small Business Investment Company program and the New Market Venture Capital program, which had a lack of funding in previous years. The bill created the Angel Investment Program in the SBA’s investment division that would partner with licensed investor groups that would be required to invest in small startup businesses. In exchange, the groups would receive up to $2 million in matching funds. [Congressional Quarterly Weekly, 9/29/07] This legislation increased the cap on federal funding available to small businesses to $150 million, expand criteria for companies primarily investing in small manufacturers, and allows companies that have received conditional approval from the SBA to receive early grant assistance up to $50,000. [Representative Crenshaw Release, 9/28/07] 314 DCCC Bilbray Research Book Last Updated 2/29/12 New language in the bill excluded employees of private investors when determining the size of a small business, which helped companies that needed to make it under the 500 employee cap that use to include the employees of a venture capital firm as part of a small businesses’ affiliates. The bill also revised the New Markets Venture Capital program, which focused on economic development in low-income communities. It also created more incentives for investment in small manufacturing companies. [St. Joseph News-Press, 9/29/07] The bill passed 325-72. [HR 2643, Vote #923, 9/27/07] Opposed Funding for Small Startup Businesses In 2007, Bilbray supported a motion to recommit made by Tim Walberg (R-MI) to strike provisions from the Small Business Investment Act that would authorize funds for the Angel Finance program. The Angel program would be part of the Small Business Administration’s investment division and would partner with licensed investor groups who would be required to invest in small startup businesses. In exchange, the groups would receive up to $2 million in matching funds The program was criticized by Walberg as an entitlement program to help millionaires decide what to invest in. [Congressional Quarterly Weekly, 9/29/07] The motion to recommit was defeated 183-213. [HR 3567, Vote #922, 9/27/07] Voted for Small Business Tax Breaks In 2007, Bilbray voted for an emergency appropriations bill that included $4.8 billion in small-business tax incentives. The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $7.7 billion for military operations in Iraq and Afghanistan, $3.1 billion for military base closure expenses, $1.8 billion for veterans’ medical care, $650 million for the State Children’s Health Insurance Program, $2.9 billion for hurricane relief and $1.1 billion for anti-terrorism homeland security activities. The measure also included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] Supported Increased Contracting for Women and Minority-Owned Businesses In 2007, Bilbray voted for a bill to expand federal government contracting with minority and womenowned businesses. 315 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would increase the federal government’s small-business procurement goal to 30 percent from 23 percent under current law as well as the goal for procurement for minority and women-owned businesses to 8 percent from 5 percent. The measure also limited the ability of federal agencies to bundle small projects into large contracts. The bill required the Small Business Administration to take steps to reduce erroneous entries in the government’s contractor registry. [CQ Floor Votes, 5/10/07] President Bush opposed the bill. [Statement of Administration Policy, 5/08/07] The bill passed 409-13. [HR 1873, Vote #323, 5/10/07] Voted Against Expanding Small Business Contracting In 2007, Bilbray voted against an amendment to increase the government-wide small business procurement goal to 30 percent from 25 percent. [CQ Floor Votes, 3/10/07] The amendment passed 371-55. [HR 1873, Vote #321, 5/10/07] Supported Increased Loan Opportunities for Small Businesses In 2007, Bilbray voted for a bill to improve the access to capital programs for small businesses. The bill authorized the Small Business Administration to create four new 7(a) loan programs, which provide long-term loans for business startups or business expansions. The measure also expanded the number of certified development companies eligible to issue SBA guaranteed loans. It allowed premier lenders to maintain a lower loss reserve that was equal to 1 percent of the total outstanding loan. Under the bill, if a lender chooses to be a premier lender, it would have to pay 15 percent of the SBA’s total loss on a defaulted loan. [CQ Floor Votes, 4/25/07] The bill passed 380-45. [HR 1332, Vote #263, 4/25/07] Opposed Bill to Strengthen Small Business Disaster Loan Programs In 2007, Bilbray voted against a bill to overhaul the Small Business Administration’s disaster loan program and create a disaster planning position within the agency. Under the bill, the SBA would be required to develop and implement a disaster response plan and maintain a 1,000 person “disaster reserve corps.” Individual disaster loan limits would be doubled to $3 million. The agency would be required to create a centralized application tracking system and revise repayment and disbursement timetables to treat borrowers more favorably. [CQ Floor Votes, 4/18/07] President Bush opposed the bill. [Statement of Administration Policy, 4/17/07] 316 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 267-158. [HR 1361, Vote #225, 4/18/07] 317 DCCC Bilbray Research Book Last Updated 2/29/12 Tax Issues Significant Findings Advocated Sales Tax Increases as Local Supervisor Backed Unconstitutional Sales Tax Referendum Signed Americans for Tax Reform Pledge Advocates for Fair Tax, Eliminating Corporate Taxes As a member of the San Diego County Board of Supervisors, Bilbray supported an increase to the sales tax and legislation to make it easier for such taxes to be passed by referendum. He supported a sales tax referendum that was later struck down as unconstitutional. Bilbray has also signed Grover Norquist’s Americans for Tax Reform pledge, limiting his ability to support ending tax breaks for outsourcers and oil companies. Bilbray is an advocate of the Fair Tax, a proposal to abolish the current federal tax system and replace it with a national sales tax. Supported Sales Tax Increase in San Diego County On February 25, 1986, Bilbray voted to place a measure on the San Diego County ballot to increase the county sales tax by half a penny for five years. The anticipated $420 million in additional revenue was earmarked for construction of a new jail and courthouse. The measure passed the board of supervisors on a vote of 4-1. At the time of the vote, Bilbray expressed doubts that the measure had enough voter support to gain the two-thirds majority required by law to pass a tax increase. [Los Angeles Times, 2/26/86] On November 4, 1986, the sales tax increase received 50.75% of the vote, well short of the necessary twothirds majority. [Los Angeles Times, 11/06/86] Supported Bill to Allow Sales Tax Increase With Only Simple Majority Following the failure of the sales tax increase to gain the necessary two-thirds majority in November 1986, Bilbray and other members of the county board of supervisors supported a state bill by Assemblyman Larry Stirling (R-San Diego) that sought to create a new taxing authority in San Diego County in order to allow the board of supervisors to put the sales tax increase back on the ballot. The bill specifically stipulated that the new taxing authority would only need a simple majority of votes for the tax increase to be approved. The bill passed and was signed by the Governor. 318 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray praised Stirling’s bill because it meant it would do away with the current two-thirds majority requirement that allowed a minority of voters to block a tax increase sought by a majority of voter: The ability of the electorate to make a decision like this by a majority vote is critical to the process. Anytime you’ve got a process where a minority can obstruct the will of the majority and, in doing that, prevent needed jail and courthouse space from being built, that’s a problem. [Los Angeles Times, 9/11/87] Supported $750,000 Special Election for Sales Tax Vote In January 1988, Bilbray encouraged the board of supervisors to call a special election in April to vote on the sales tax increase, rather than waiting until the June statewide primary that had already been scheduled. Supporters of the April election date admitted that calling a special election for the sales tax vote would cost the county $750,000. [Los Angeles Times, 1/05/98] Bilbray said that the April election date would “drive home” the importance of the sales tax increase to voters: We’ve already got the crisis—I mean, we’re at the point where it doesn’t make sense to put another police officer out on the street until we have enough jails—but this would drive home that point. . [Los Angeles Times, 1/05/98] Voted to Put Another Sales Tax Increase on Ballot While Bilbray supported the April special election, on January 4, 1998 he urged the board of supervisors to “move forward as a united front” on issues relating to the sales tax increase, even if that meant not calling a special election. On the same day, the board of supervisors, including Bilbray, voted unanimously to place the increase on the ballot for the June statewide primary. [Los Angeles Times, 1/06/88] Sales Tax Increase Passed With 50.56 Percent of Vote On June 7, 1988, voters passed the half-cent sales tax increase Proposition A with 50.56 percent of the vote. Proposition A permitted the county to increase the sales tax by 0.5 cents for 10 years, double the lifespan of the tax increase rejected in 1986. [Los Angeles Times, 6/09/88] Taxpayers Group Sued: Claimed Sales Tax Violated Proposition 13 On July 5, 1988, United Taxpayers of San Diego executive vice president Steven Currie and Richard Rider and Pat Wright of the Libertarian Party filed a suit in superior court claiming that Proposition A had violated Proposition 13, the statewide proposition passed in 1978 which required all tax increases to be approved by two-thirds majorities of voters. Despite the ongoing lawsuit, the sales tax increase took effect on January 1, 1989. [Los Angeles Times, 7/06/88] Sales Tax Struck Down as Unconstitutional Violation of Proposition 13 319 DCCC Bilbray Research Book Last Updated 2/29/12 On March 23, 1989, Riverside County Superior Court Judge Gordon Burkhart ruled that Proposition A violated the 1978 Proposition 13 because the proposition passed despite not receiving a two-thirds majority. Judge Burkhart claimed that the county board of supervisors and other county officials “purposely circumvented” Proposition 13 by creating a new taxation district to administer the tax increase. [Los Angeles Times, 3/24/89] In September 1990, the 4th District Court of Appeal reversed the superior court ruling and upheld the legality of Proposition A. However, on December 19, 1991, the California Supreme Court reversed the appeals court ruling and upheld the superior court decision invalidating Proposition A. [Los Angeles Times, 12/21/91] Voted to Place New Sales Tax Measure on Ballot On July 15, 1992, Bilbray voted to place another half-cent sales tax increase on the ballot to fund construction of jails and a courthouse. The county supervisors approved the measure 4-1 and it was placed on the November 3, 1992 general election ballot. While the 1986 and 1988 sales tax measures had limited the tax increase to five or 10 years, the sales tax measure on the 1992 ballot did not include a sunset provision. [Los Angeles Times, 7/16/92; Los Angeles Times 7/29/92] On November 3, 1992, voters failed to give the new sales tax proposal (also called Proposition A) the necessary two-thirds majority. [Los Angeles Times, 11/04/92] Promised to Uphold Grover Norquist’s Taxpayer Protection Pledge In 2011, Bilbray promised that he would uphold Grover Norquist’s the taxpayer protection pledge. Sign on San Diego reported Bilbray promised the tea party crowd that he would uphold the taxpayer protection pledge pushed by Grover Norquist and mentioned his outsider status during a five-year sabbatical from the House after he was defeated for re-election. [Sign on San Diego, 11/25/11] Bilbray Supports Extremist Fair Tax That Would Enact a 23 Percent National Sales Tax In 2009, Bilbray appeared with Neal Cavuto on Fox News and said he supported the Fair Tax, which would enact a 23 percent national sales tax on all goods and services sold at retail. [via youtube.com, accessed 2/17/12] Bilbray Listed as a Co-Sponsor of HR 25, the Fair Tax Act In 2012, Bilbray was listed a co-sponsor of HR 25, the Fair Tax Act. [Thomas Bill Summary, 112th Congress, HR 25 accessed: 2/17/12] According to the National Taxpayers Union, which supports the Fair Tax, HR 25 would enact a 23 percent national sales tax, which could be adjusted in future years to account for fiscal changes. The bill would abolish federal income and payroll taxes entirely. [National Taxpayers Union Summary of HR 25, accessed: 9/11/08] … Though Fair Tax Hits Middle Class and Cuts Taxes for Corporations and Millionaires 320 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray supported a plan that would impose a 23 percent national sales tax on all of us, while eliminating federal income taxes for corporations and reducing them for millionaires. The Fair Tax Would Eliminate Federal Income Taxes for Corporations According to Americans for Fair Taxation, the group that is backing the effort to impose a Fair Tax, the tax would replace the individual income tax, payroll taxes, the corporate income tax, the self-employment tax, and the estate tax. [Americans for Fair Taxation, “The Fair Tax Act of 2007 – HR 25: Plain English Summary,” fairtax.org, accessed 7/30/08] … Though Fair Tax Hits Families Buying Essentials Under the Fair Tax, families would be hit hard, paying a 23 percent sales tax on nearly everything they buy, including groceries, prescription drugs, clothing, and gas. NOTE: The Fair Tax does not apply to the purchase of used goods or education expenses. Hence the use of “nearly” instead of “all.” Fair Tax Would Apply to All Goods and Services Sold at Retail According to Americans for Fair Taxation, the group that is backing the effort to impose a Fair Tax, the tax would apply to all goods and services sold at retail. It would NOT apply to the purchase of used goods or to education expenses. From Americans for Fair Taxation: Effective January 1, 2009 it replaces the above taxes with a national retail sales tax on all goods and services sold at retail. The tax rate is set to be revenue neutral – at the level necessary to replace the revenues generated by the repealed taxes. … A 23-percent (of the tax-inclusive sales price) sales tax is imposed on all retail sales for personal consumption of new goods and services. Exports and the purchase of inputs by businesses (i.e., intermediate sales) are not taxed, nor are used goods or any savings, investment, or education tuition expenses. [Americans for Fair Taxation, “The Fair Tax Act of 2007 – HR 25: Plain English Summary,” fairtax.org, accessed 7/30/08] … Including Food Fairtax.org an organization dedicated to the implementation of the Fair Tax specifically addresses the question “Why not just exempt food and medicine from the tax?” in the frequently asked questions section of their website. According to the group, “Exempting items by category is neither fair nor simple.” [Fairtax.org FAQ] 321 DCCC Bilbray Research Book Last Updated 2/29/12 … Including Medicine Fairtax.org an organization dedicated to the implementation of the Fair Tax specifically addresses the question “Why not just exempt food and medicine from the tax?” in the frequently asked questions section of their website. According to the group, “Exempting items by category is neither fair nor simple.” [Fairtax.org FAQ] … Including Clothing According to FairTax.org, new clothing would be taxed under the Fair Tax: The FairTax is a single-rate, federal retail sales tax collected only once, at the final point of purchase of new goods and services for personal consumption. Used items are not taxed. Business-tobusiness purchases for the production of goods and services are not taxed. A rebate makes the effective rate progressive. [Fairtax.org FAQ] … Including Gas Factcheck.org, an organization that checks the validity of claims made in political advertising and other media, confirmed that the Fair Tax would not only apply to gasoline, but would be placed on top of existing taxes. According to Factcheck.org, the list would include: Purchases of new homes Rent Interest on credit cards, mortgages and car loans Doctor bills Utilities Gasoline Legal fees [Factcheck.org, “Unspinning the Fair Tax,” 5/31/07] … Though Fair Tax Hits Families Paying Their Mortgage By supporting the Fair Tax, Bilbray supports eliminating federal tax deductions for mortgage and property taxes, which would raise taxes for the middle-class. Fair Tax Would Eliminate the Mortgage Interest Deduction According to Americans for Fair Taxation, an organization that supports a shift from our federal and state tax system to a 23 percent national sales tax, the Fair Tax would make mortgage interest deductions “irrelevant.” 322 DCCC Bilbray Research Book Last Updated 2/29/12 In a 2007 report the organization released on the impact of the Fair Tax on home ownership, Americans for Fair Taxation state that the new tax system would treat home purchases like any other retail good. From the Americans for Fair Taxation report: “Under the FairTax, the purchase of a home, just like the purchase of a car, food, or any good or service for personal use is seen for what it is: An item of consumption. Since the FairTax taxes all consumption without exception (except previously taxed goods and services), the FairTax imposes a 23 percent (tax-inclusive rate) tax on the purchase price of new homes.” The report goes on to say that the FairTax “taxes new homes at 23 percent and repeals the income tax along with the [mortgage interest deduction].” [American for Fair Taxation, “Promoting Home Ownership: How the Fair Tax’s Benefits for Homeowners Exceed the Mortgage Interest Deduction,” 2007, accessed 9/17/08] … Though Fair Tax Double Taxes Our Seniors Under the Fair Tax, seniors would be taxed twice. Seniors Who Saved Would Face Double Tax Under Fair Tax System According to PolitiFact.com, seniors who had saved their money would face a “double tax” under the Fair Tax system: “Then we checked with the SEIU. They acknowledged that the Fair Tax would be a replacement for the current tax system. But they made an interesting point -- that for seniors, the explicit target audience for the ad, there is something that you might call double taxation. For many years, seniors paid taxes on their income when they earned it. Whatever they didn’t spend, they saved, and in their retirement years, when they aren’t earning fresh income that would be tax-free under the Fair Tax, those accumulated savings would be spent -- and thus taxed at 23 percent. Voila -- double taxation.” [politifact.com, 10/20/10] Economic Experts Agreed the Fair Tax Would Double Tax Seniors In 2010, former Reagan and Bush administration official Bruce Bartlett and Urban Institute-Brookings Institution Tax Policy Center senior fellow Bob Williams both said that the Fair Tax would double tax seniors: “Bartlett said the proposal ‘penalizes those who are older who have saved for their retirement during an era when saving was heavily penalized by the income tax. But rather than being able to spend their savings tax free, as they anticipated, they will now have to pay sales taxes on everything 323 DCCC Bilbray Research Book Last Updated 2/29/12 they buy, including health care. It will be hard for them to avoid seeing this as a double tax. Bob Williams, a senior fellow with the Urban Institute-Brookings Institution Tax Policy Center, agreed that the Fair Tax double-taxes savings.” [politifact.com, 10/20/10] Advocated for Lowering Tax Rate for Corporations In 2011, Bilbray touted his bill to eliminate a 35-percent federal tax on foreign earnings that American companies spend in the United States. He called his bill the Job Creation and innovation Investment Act bill. “Lowering the tax rate will remove the greatest barrier that exists today between the private sector and job growth,” Bilbray wrote. [Sign on San Diego, 5/05/11] Touted Job Creation and Innovation Investment Act to Establish Zero Tax Rate for Funds Brought Back to U.S. In 2011, Bilbray touted The Job Creation and Innovation Investment Act of 2011 to establish a zero percent tax rate for funds brought back to the United States invested in R&D, manufacturing and facility expansion. He wrote “This issue is of particular interest to many Silicon Valley companies that Californians take pride in…A change must happen and it must happen soon, or it will be too late to stop California’s companies from leaving and taking the jobs they provide with them.” [Op-ed, Congressman Brian Bilbray, Ruben Barrales, Orange County Register, 6/09/11] Pushed to Raise Taxes Before Voter Referendum In October 1990, Bilbray supported a license tax for businesses in unincorporated areas of San Diego County. Bilbray urged the Board of Supervisors to impose the tax, a flat rate of $100 on all businesses, regardless of size, plus a $5 per full-time employee and $2.50 per part-time employee, before California voters were able to vote on a proposition that would make it more difficult for localities to raise taxes. [Los Angeles Times, 11/24/90] Later Slashed Taxes In November 1990, the Board unanimously voted to reduce the new tax. The new tax was cut to only $25 per business and $5 per full time employees. [San Diego Union-Tribune, 11/14/90] Voted to Protect Tax Breaks for Big Oil Companies In March 2011, Bilbray voted against a measure that would have repealed oil and gas production tax breaks for major integrated oil companies for the proposed two week period in the House budget continuing resolution. Rep. William Keating, who offered the motion to recommit, said, “Our alternative is an alternative of sensible spending cuts. Let’s stop sending taxpayer money to the most profitable companies in the world.” [CQ Today, 3/01/11] 324 DCCC Bilbray Research Book Last Updated 2/29/12 The motion failed, 176-249. [HJR 44, Vote #153, 3/01/11] Voted to Extend Tax Cuts to Billionaires In 2010, Bilbray voted to extend the 2001 and 2003 tax cuts for all taxpayers, including the highest earners, for two years and set the estate tax at 35 percent on estates worth more than $5 million for two years. The measure also extended unemployment insurance benefits for 13 months and cut the employee portion of the Social Security tax by 2 percentage points. The measure was seen as a compromise from both sides of the aisle as liberals did not want to extend tax cuts for upper income earners nor extend the estate tax, and conservatives were upset about an extension of benefits which were not offset. The final package was estimated to cost $857 billion. [CQ Weekly, 1/03/11] According to CNN, extending the Bush tax cuts in the measure would cost $544.3 billion. The bulk, $463 billion, was for the extension of families making less than $250,000. Approximately $81.5 billion was attributable to the extension of cuts that applied to the highest income families. [CNN, 12/07/10] According to the Washington Post, extending all of the tax cuts would add $3.9 trillion to the deficit over ten years. [Washington Post, 9/15/10] The bill passed, 277-148. [HR 4853, Vote #647, 12/17/10] Voted for Extending Tax Cuts to All Taxpayers In 2010, Bilbray voted for extending the 2001 and 2003 tax cuts for all taxpayers for two years and set the estate tax at 35 percent on estates worth more than $5 million for two years. The measure also extended unemployment insurance benefits for 13 months and cut the employee portion of the Social Security tax by 2 percentage points. The measure was seen as a compromise from both sides of the aisle as liberals did not want to extend tax cuts for upper income earners nor extend the estate tax, and conservatives were upset about an extension of benefits which were not offset. The final package was estimated to cost $857 billion. [CQ Weekly, 1/03/11] According to CNN, extending the Bush tax cuts in the measure would cost $544.3 billion. The bulk, $463 billion, was for the extension of families making less than $250,000. Approximately $81.5 billion was attributable to the extension of cuts that applied to the highest income families. [CNN, 12/07/10] The bill passed, 277-148. [HR 4853, Vote #647, 12/17/10] Voted for Foreign Corporations’ Tax Loopholes Over First Responders’ Health Care 325 DCCC Bilbray Research Book Last Updated 2/29/12 In September 2010, Bilbray voted against closing a corporate tax loophole which would have provided compensation funding for victims of the Sept. 11 terrorist attacks, establish a medical program and reopen funding for individuals exposed to harmful debris. The loophole previously allowed foreign-based companies to use tax treaties to shift income outside the United States and avoid higher tax rates. The bill, formally titled the James Zadroga 9/11 Health and Compensation Act, was named after a New York Police Department detective who participated in the ground zero effort and died on symptoms common to first responders. Under the measure, the Department of Health and Human Services would run a 10-year program to treat and monitor those with medical problems from the debris exposure. The program would also research conditions that may be related to the exposure, as well as diagnostic methods and treatment. Enrollment would be capped at 25,000 patients at any time. The Congressional Budget Office estimated that the health care and compensation programs would increase spending by $7.4 billion and that New York would be required to cover 10 percent of the cost. [CQ Today, 9/29/10] The bill passed, 268-160. [HR 847, Vote #550, 9/29/10] Voted to Protect Tax Loopholes for Companies Outsourcing Jobs In 2010, Bilbray voted against cracking down on companies that take advantages of loopholes in the foreign income provisions of the tax code which makes it more profitable for them to outsource jobs. The bill would prevent corporations from using current U.S. foreign tax credit rules to subsidize their foreign activities. “It pays for the creation of those jobs [in the bill] by saying that those who outsource those jobs can’t get off the hook and have to pay their taxes,” said New Jersey Rep. Robert E. Andrews. [CQ Today, 5/28/10] The bill passed, 215-204. [HR 4213, Vote #324, 5/28/10] Voted Against Closing Tax Loopholes for Companies Shipping Jobs Overseas In 2010, Bilbray voted against the Small Business Tax Relief Act, repealing a section of the health care reform bill that required small businesses to file a 1099 form to the IRS for payments of more than $600 to any vendor during a tax year. The bill would have paid for the $19.2 billion compliance requirement with offsets placing new limits on the ability of U.S.-based companies to use certain foreign tax credit loopholes to lower their tax liability. Democrats argued that the tax laws provided incentives to move jobs overseas. [CQ Today, 7/30/10] The bill failed, 241-154. [HR 5982, Vote #514, 7/30/10] Voted Against Closing Tax Loopholes for Multinational Corporations 326 DCCC Bilbray Research Book Last Updated 2/29/12 In 2010, Bilbray voted against closing tax loopholes for multinational corporations and extending increased Medicaid assistance and education funding to states. The bill extended the increased federal matching payments of the Federal Medical Assistance Percentage program provided for under the economic stimulus law for an additional six months. It also provided $10 billion in supplemental appropriations for education to assist in hiring and retaining teachers and other public school employees. The $26.1 billion cost of the bill was offset in part by terminating increased food stamp benefits, provided by the stimulus law, and by closing use of the foreign tax credit by multinational corporations. Closing those loopholes would raise approximately $10 billion in revenue. [CQ Bill Analysis, 8/11/10] The bill passed, 247-161, and the President signed the bill into law on August 10, 2010. [HR 1586, Vote #518, 8/10/10] Voted to Allow Companies to Send Tax Revenue Abroad In 2010, Bilbray voted against stopping companies from sending tax revenue to other countries to avoid paying taxes. The provision required U.S. subsidiaries of foreign-owned companies to pay taxes they could previously avoid by sending the funds to another country. The provision was expected to raise $7.7 billion over 10 years. The provision paid for a $16.8 billion package that would help small businesses grow and hire more workers by extending Build America Bonds and extend tax incentives for to encourage small business formation. [CQ Today, 3/24/10] The bill passed, 246-178. [HR 4849, Vote #182, 3/24/10] Opposed $7,500 Tax Credit for Home Buyers, Property Tax Relief In 2008, Bilbray voted against a motion to concur in the Senate amendment to HR 3221 with House amendment #1. The House amendment would provide government backing to Fannie Mae and Freddie Mac by allowing government purchase of the entities’ stock, and create independent agency to regulate the two mortgage entities and the Federal Home Loan Bank System. The House amendment would also overhaul the Federal Housing Administration and provide $300 billion in new loan guarantee authority for the FHA to help refinance borrowers in danger of losing their homes, create a $7,500 tax credit to some first-time homebuyers, raise loan limits for FHA-backed loans, and provide a standard tax deduction of $500 for single filers and $1,000 for joint filers on property taxes. [CQ Today, 7/24/08] 327 DCCC Bilbray Research Book Last Updated 2/29/12 The House amendment would also authorize $3.92 billion in Community Development Block Grants to purchase and rehabilitate foreclosed properties, and increase the federal debt limit to $10.6 trillion. [CQ Floor Votes, 7/23/08] The motion passed 272-152. [HR 3221, Vote # 519, 7/23/08] Supported Bill to Protect Taxpayers from the Alternative Minimum Tax In 2008, Bilbray voted for a one-year adjustment for the Alternative Minimum Tax to prevent an additional 21 million taxpayers from paying it on their 2008 income. Democrats put revenue-raising offsets into the bill, arguing that the $62 billion in revenue that would be lost through the patch must be made up. The revenue increases targeted private-equity managers, the oil and gas industry, certain foreign-owned corporations and merchants who underreport their income. Republicans contended that offsets were unnecessary because the patch would simply maintain the tax status quo. They also said a temporary tax reprieve should not require permanent revenue increases and argued that the budget deficit should be closed by spending cuts, not revenue increases. [CQ Today, 6/25/08] The bill passed, 233-189. [HR 6275, Vote #455, 6/24/08] Opposed Budget to Provide Middle Class Tax Relief In 2008, Bilbray voted against a conference report that would establish the congressional budget for fiscal year 2009. The report would call for $3.1 trillion in spending in fiscal year 2009 and federal revenue totaling $2.7 trillion. The spending allowed for up to $1 trillion in discretionary spending for the fiscal year, plus $70 billion for the wars in Iraq and Afghanistan. [CQ Floor Votes, 6/05/08] The bill would project a $22 billion budget surplus by fiscal year 2012. Democrats argued that it would also allow the budget to remain in balance in 2013 using estimates from the Congressional Budget Office. [CQ Today, 6/05/08; “Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] Republicans argued that the conference report for the budget was the largest tax increase in history, saying that the budget would increase taxes by at least $638 billion over the next five years. [“The Largest Tax Increase in History, However They Slice It,” Republican Caucus, The Committee on the Budget, 6/04/08] Specifically, the bill would accommodate tax relief from the Alternative Minimum Tax for more than 20 million households, as well as middle-income tax cuts and other tax relief, so long as they were in compliance with the pay-as-you-go rule. [“Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] The conference report passed 214-210. [S Con Res 70, Vote #382, 6/05/08] Supported Rebates for Taxpayers to Stimulate Spending 328 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted in favor of concurring with a Senate amendment to a stimulus package that would provide advance refund of a tax credit for most taxpayers equal to $600 for individuals and $1,200 for couples. Families would receive $300 for each child under 17. It would begin phasing out the benefit for individuals with adjusted gross incomes above $75,000 and married couples with incomes above $150,000. Companies could write off an additional 50 percent of new investment expenditures in 2008 for items subject to depreciation over 20 years or less. Small businesses would be allowed to write off the entire cost of new investment expenditures up to $250,000. It would temporarily raise the size of mortgage loans the Federal Housing Administration could insure and Fannie Mae and Freddie Mac could purchase. It would expand eligibility for rebate checks to include low-income senior citizens, disabled veterans and widows of veterans. It also would provide that illegal immigrants would not be eligible for rebate checks. [CQ Floor Votes, 2/07/08; CQ Weekly, 2/09/08] The bill passed 380-34. [HR 5140, Vote #42, 2/07/08] Supported Tax Cuts, Rebates for Taxpayers to Stimulate Spending In 2008, Bilbray voted in favor of a bipartisan, $146 billion fiscal stimulus package that would provide tax rebates and business incentives intended to jolt the economy with new spending. The bill would provide advance refund of a tax credit for most taxpayers equal to $600 for individuals and $1,200 for couples, with the payments phased out for individuals earning more than $75,000 and couples earning more than $150,000. It would provide a minimum payment of $300 for individuals paying less than that in income taxes who show earned income of at least $3,000. And it would provide an additional payment of $300 a child for all families receiving a payment. On the business side, the House plan would give companies a 50 percent bonus deduction on new equipment that would normally be depreciated over many years. And it would double the limit on expenses to $250,000 from $125,000 that small businesses can deduct from annual income, with a total cap of $800,000. This version of the stimulus would raise the size limit on ‘‘conforming’’ mortgage loans the Federal Housing Administration could insure and Fannie Mae and Freddie Mac could purchase, a step that would help homeowners in expensive markets refinance their loans. [CQ House Action Reports, 1/28/08; New York Times, 1/30/08] The motion to suspend the rules and pass the bill was agreed to 385-35. [HB 5140, Vote #25, 1/29/08] Opposed Extension of Deduction for State Sales Taxes, Deduction for Tuition 329 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted against a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. Specifically, the bill would allot $1.7 billion to allow individuals to deduct state sales taxes instead of income taxes from their 2008 tax filing, and $2.6 billion to extend the deduction for tuition and related expenses through 2008. [CQ Weekly, 5/26/08] The bill also extended tax credits for solar energy, wind energy, biomass, geothermal energy and certain coal projects. The bill would also create a new category of tax credit bonds to help state and local governments with projects designed to reduce greenhouse gases. [CQ Weekly, 5/26/08] The bill passed 263-160. [HR 6049, Vote #344, 5/21/08] Voted to Stall Bill to Extend Tax Breaks In 2008, Bilbray voted against a motion to order the previous question on a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. [CQ Today, 5/21/08] The motion passed 223-190. [HR 6049, Vote #338, 5/21/08] Voted to Cut Taxes without Budget Offsets In 2008, Bilbray voted in favor of a motion to recommit a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. The motion would have had the bill reported back with an amendment that would have added an Alternative Minimum Tax (AMT) patch, lengthened the extension of several tax breaks and stripped out the bill’s offsets. [CQ Today, 5/21/08] The motion failed 201-220. [HR 6049, Vote #343, 5/21/08] Supported Tax Breaks for First-Time Homebuyers In 2008, Bilbray voted in favor of an amendment to a housing package that would establish a refundable tax credit of up to $7,500 for first-time homebuyers that would serve as an interest-free loan. It provided an additional standard deduction in 2008 of up to $350 for individuals and $700 for married couples for state and local property taxes. It also would authorize an additional $10 billion in tax-exempt bonds that would be used to refinance subprime loans, finance the construction of low-income rental housing, and support loans to first-time homebuyers. It also increased the number of low-income housing tax credits. [CQ Floor Votes, 5/08/08] 330 DCCC Bilbray Research Book Last Updated 2/29/12 The motion passed 322-94. [HR 3221, Vote #302, 5/08/08] Opposed IRS Reforms In 2008, Bilbray voted against a bill that would make revisions to certain record-keeping requirements in the tax filing process. The bill would eliminate an IRS debt-collection program that used private companies to collect delinquent taxes. It would also require more reporting on how taxpayers use their Health Savings Accounts (HSAs). [CQ Weekly, 4/21/08] Supporters of the bill argued that federal workers would be able to collect delinquent taxes more efficiently than private companies. Opponents of the bill contended that the existing debt-collection program allowed the IRS to go after tax delinquents it would not otherwise contact. [CQ Weekly, 4/21/08] The bill passed 238-179. [HR 5719, Vote # 190, 4/15/08] Opposed Consideration of IRS Reform Bill In 2008, Bilbray voted against a rule that would allow a vote on a bill that would make revisions to certain record-keeping requirements in the tax filing process. The bill would eliminate an IRS debt-collection program that used private companies to collect delinquent taxes. It would also require more reporting on how taxpayers use their Health Savings Accounts (HSAs). [CQ Weekly, 4/21/08] Supporters of the bill argued that federal workers would be able to collect delinquent taxes more efficiently than private companies. Opponents of the bill contended that the existing debtcollection program allowed the IRS to go after tax delinquents it would not otherwise contact. [CQ Weekly, 4/21/08] The rule passed 222-195. [HR 5719, Vote # 187, 4/15/08] Voted for Partisan Attempt to Stall IRS Reforms In 2008, Bilbray voted in favor of a motion to recommit on a bill that would make revisions to certain record-keeping requirements in the tax filing process. The motion would have added language to the bill aimed at preventing so-called “sanctuary cities,” or cities which do not report illegal immigrants to the federal government, from issuing tax-exempt debt. The motion would have also increased IRS efforts to prevent illegal immigrants from claiming the earned-income tax credit. [CQ Today, 4/15/08] The motion was rejected 210-210. [HR 5719, Vote # 189, 4/15/08] Opposed Budget that Protected Middle Class Taxpayers 331 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against the fiscal year 2008 budget conference report that began to reverse six years of Republican fiscal mismanagement, provided for middle-class tax relief and would return the budget to balance – reaching a surplus of $41 billion in 2012 – without raising taxes. [House Budget Committee, Overview of FY2008 Budget Conference Agreement, 5/16/07] The budget supported middle class tax relief, including an extension of marriage penalty relief, the child tax credit, and the 10 percent bracket. The budget also supported reform of the estate tax to protect small businesses and family farms. [House Budget Committee, Conference Agreement on the FY 2008 Budget Resolution: Building on the “Six for ‘06, 5/24/07] The budget passed 214-209. [SCR 21, Vote #377, 5/17/07] Opposed FAA Tax Increases In 2007, Bilbray voted against a bill that raised taxes on air travel. The bill increased the general aviation fuel tax from 21.8 cents per gallon to 35.9 cents per gallon, and the commercial aviation fuel tax from 19.3 cents per gallon to 24.1 cents per gallon, with the extra revenue dedicated to air traffic control modernization. [CQ Floor Votes, 9/20/07] The bill passed 267-151. [HR 2881, Vote #890, 9/20/07] Opposed Increase the Minimum Wage with the Estate Tax Bill In 2006, Bilbray voted in favor of killing a Democratic attempt to offer an amendment to increase the minimum wage to the estate tax bill. The amendment would have increased the minimum wage to $7.25 and give a pay raise to nearly 7 million Americans. Democrats were fighting to gradually increase the minimum wage by $2.10 -- from $5.15 to $7.25 an hour over two years. The Republican leadership passed a rule that barred Democrats from offering the amendment. When Democrats protested, Republicans voted to kill the Democratic attempt to bring up the amendment. [Leadership Document, “Democrats are Fighting for a New Direction, A Pay Raise for Millions of Americans,” 6/22/06] The motion passed 226-194. [HR5638, Vote #308, 6/22/06] Voted Against Child Tax Credit, HOPE Scholarship Credit In 1997, Bilbray voted against a Democratic substitute amendment to provide a net tax cut of $84.9 billion over five years, including $133.7 billion in gross tax cuts offset by $49.3 billion in revenue increases. The substitute provided a refundable child tax credit that would not be reduced by the Earned Income Tax Credit, made the HOPE scholarship higher education tax credit available for all four years of a college education, limited the increase in the exemption from the estate tax to family332 DCCC Bilbray Research Book Last Updated 2/29/12 owned businesses and set a lifetime cap of $600,000 for capital gains eligible for favorable tax treatment. [CQ Floor Votes, 6/26/97] The measure was defeated 197-235. [HR 2014, Vote #243, 6/26/97] Supported Tax Cut Funded by Social Security Surplus In 1998, Bilbray voted in favor of a bill to cut taxes by $80.1 billion over five years, including $6.6 billion in cuts in fiscal 1999, by extending expired provisions such as the research tax credit, reducing taxes for farmers and married couples and making health insurance premiums 100 percent deductible for the selfemployed. [CQ Floor Votes, 9/26/98] According to the Center for Budget and Policy Priorities, the tax cut would “divert portions of the surplus designated by statute for the Social Security system to finance tax cuts.” [Center for Responsive Politics, 9/16/98] The Washington Post called the bill, “the purest folly,” and said it “makes no sense as either economic or social policy; it is a checklist of political promises whose only relationship is that each is meant to generate votes.” [Washington Post, 9/25/98; 9/27/98] The bill passed 229-195. [HR 4579, Vote #469, 9/26/98] Voted in Favor of Extending Moratorium on Internet Taxes In 2007, Bilbray voted in favor of an amendment to the Internet Tax Freedom Act, as agreed to in the Senate. The bill would extend, through November 1, 2014, the ban on state and local taxes on Internet access, as well as prevent state and local governments from collecting taxes on electronic commerce. The amendment expanded the definition of Internet access to include Internet services, such as email, provided independently of access. [Congressional Quarterly, 10/30/07] The bill passed 402-0. [HR 3678, Vote #1014, 10/30/07] The president signed the bill into law. [White House press release, 10/31/07] Supported Moratorium on Internet Taxes in 2000 In 2000, Bilbray voted in favor of a bill to impose a five-year moratorium on state and local taxes on Internet access until Oct. 21, 2006. It would also eliminate the grandfather clause that allows certain states to collect taxes on Internet access. [CQ Floor Votes, 5/10/00] The bill passed 352-75. [HR 3709, Vote #159, 5/10/00] Supported Tax Credits for Job Creation in Poor Areas 333 DCCC Bilbray Research Book Last Updated 2/29/12 In 2000, Bilbray voted in favor of a bill providing tax credits and other economic incentives to promote investment and job creation in economically depressed urban and rural communities. The bill authorized President Clinton’s “New Markets Initiative,” and designated nine new “empowerment zones” and 40 new “renewal communities.” [CQ Floor Votes, 7/25/00] The bill passed 394-27. [HR 4923, Vote #430, 7/25/00] Supported Constitutional Amendment Requiring 2/3 Vote to Raise Taxes In 1997, Bilbray voted in favor of a joint resolution proposing a constitutional amendment requiring a two-thirds majority vote in both the House and Senate in order to raise taxes. Congress would be able to waive this supermajority requirement to pass a tax increase in times of war or military conflict that threatens national security. [CQ Floor Votes, 4/15/97] The resolution, which required a two-thirds majority vote to pass, was defeated 233-190. [HJR 62, Vote #78, 4/15/97] Supported Tax Cut for Social Security Recipients In 2000, Bilbray voted in favor of a bill that would repeal a tax imposed in 1993 that increased the portion of Social Security benefits subject to taxation from 50 percent to 85 for the one-fifth of Social Security recipients with the highest incomes. The 1993 tax increased to 85 percent, from 50 percent, the part of Social Security benefits subject to income tax when a recipient’s income, including half the annual Social Security benefit, exceeds $34,000 for a single person and $44,000 for a married couple. The revenue generated by the 1993 tax was $8 billion in 2000 alone, and was projected to total $117 billion over the following decade. This revenue was earmarked only for Medicare, but the bill provided that the revenues that would have been collected had the tax not been repealed would be transferred to the Medicare trust fund from the general fund. [New York Times, 7/28/00] The bill passed, 265-159. [HR 4865, Vote #450, 7/27/00] 334 DCCC Bilbray Research Book Last Updated 2/29/12 Technology Issues Significant Findings Opposed R&D Tax Credit Voted Against Science & Technology Programs Backed Anti-Piracy Efforts Bilbray voted against the extension of the research and development tax credit that encourages investment in new technologies. Despite advocating alternative energy and biomedical research, Bilbray’s voting record would freeze additional funding for science and technology programs. He also backed efforts to protect intellectual property from piracy through consolidation of existing federal programs. Opposed Extension of Tax Credits for Renewable Energy, R&D Tax Credit In 2008, Bilbray voted against a bill that would revive or extend about $55.5 billion in tax breaks for individuals and businesses for one year. Specifically, the bill would allot $1.7 billion to allow individuals to deduct state sales taxes instead of income taxes from their 2008 tax filing, and $2.6 billion to extend the deduction for tuition and related expenses through 2008. [CQ Weekly, 5/26/08] The bill also included $8.8 billion to extend a research and development credit which gives companies an extra incentive to invest in future products through 2008. [CQ Weekly, 5/26/08] The bill also extended tax credits for solar energy, wind energy, biomass, geothermal energy and certain coal projects. The bill would also create a new category of tax credit bonds to help state and local governments with projects designed to reduce greenhouse gases. [CQ Weekly, 5/26/08] The bill passed 263-160. [HR 6049, Vote #344, 5/21/08] Voted to Kill Funding for Science and Technology Programs In 2010, Bilbray voted to kill additional funding for science and technology programs by sending the authorization bill back to committee to freeze funding and eliminate programs to award research innovation and provide federal loan guarantees for innovative technology. 335 DCCC Bilbray Research Book Last Updated 2/29/12 Republicans introduced the motion to recommit with language on pornography to derail passage of the $85.6 billion bill aimed at boosting U.S. economic competitiveness through education and research programs. [CQ Today, 5/13/10] The motion passed, 292-126. [HR 5116, Vote #270, 5/13/10] Voted Against Funding Science and Technology Programs In 2010, Bilbray against passage of the $85.6 billion authorization for science research and education programs, keeping America competitive in the science and technology fields. The bill reauthorized a 2007 law known as the America Competes Act, boosting funding for science and research. Specifically, the bill authorized spending for fiscal years 2011 through 2015 for research programs at the National Science Foundation, the National Institute of Standards and Technology, and the Energy Department. It would also authorize funding to support education and training in the “stem” fields of science, technology, engineering and mathematics. [CQ Today, 5/28/10] The bill passed, 262-150. [HR 5116, Vote #332, 5/28/10] Supported Plan to Strengthen Efforts Cracking Down on Piracy of Intellectual Property In May 2008, Bilbray voted in favor of a bill that would consolidate federal efforts to counter piracy and counterfeiting of American-owned intellectual properties. The measure would create an “intellectual property enforcement representative” responsible for coordinating efforts among eight agencies and for producing a national strategic plan for fighting piracy and counterfeiting. The coordinator would have the rank of ambassador and would require Senate confirmation. The bill also would establish an Intellectual Property Enforcement Division at the Justice Department and create a $25 million grant program for local and state law enforcement officials to investigate and pursue piracy and counterfeiting. [CQ Today, 5/08/08] The motion passed 410-11. [HR 4279, Vote #300, 5/08/08] Supported Banning Most Forms of Online Gambling In 2006, Bilbray voted for a bill that would ban not just sports betting but also online wagering for poker and other games. The bill would bar banks and credit card companies from processing payments for online bets and would make it a crime for a gambling business to accept credit cards, wire transfers or any other bank instrument to process payments for illegal gaming transactions. The House bill also would amend the 1961 Wire Act, which prohibited businesses from using wire transmissions to accept bets over state and foreign lines and apply the gambling ban to all forms of new 336 DCCC Bilbray Research Book Last Updated 2/29/12 technology. Americans were estimated to spend nearly $6 billion of the $12 billion bet worldwide on Internet games and sports. A similar measure came to the House floor in 2000, but was voted down, partly due to intense lobbying efforts by Jack Abramoff on behalf of some of his clients in the gaming industry. [Congress Daily, 7/12/06; New York Times, 7/11/06] The bill passed 317-93. [HR4411, Vote #363, 7/11/06] 337 DCCC Bilbray Research Book Last Updated 2/29/12 Terrorism and Homeland Security Significant Findings Refused to Recognize Leadership of Obama in Osama bin Laden Killing Voted Against Improved Border Security through Cell Phone Improvements Mixed Record on Protecting Homeland Security Bilbray voted against a motion to recognize that the killing of Osama bin Laden resulted from the leadership of President Obama. Representing a congressional district close to the Mexican-American border, Bilbray opposed efforts to improve border security by increasing cell phone coverage along the border. Although Bilbray has voted for some budgets for Homeland Security and to protect some agencies, he has also cast several votes that would have deeply cut the Homeland Security budget. Voted Against Acknowledging the Leadership of Presidents Obama, Bush and Clinton in the Killing of Osama bin Laden In 2011, Bilbray voted against a motion to recognize that the killing of Osama bin Laden resulted from the leadership and direction of President Obama and to recognize the leadership of Presidents George W. Bush and Bill Clinton as well as the intelligence community. The motion would have also directed the intelligence community to prioritize tasks and activities which would lead to the fall of al-Qaeda and organizations that fall under their influence. [The Hill, 5/13/11] The motion failed 182-228. [HR 754, Vote #328, 5/13/11] Voted Against Improving Cell Phone Communication on the Border In 2011, Bilbray voted against an amendment to improve border security by increasing cell phone coverage on the border. The bipartisan amendment used $10 million to improve cell phone communication on the border, an idea originally belonging to Rep. Gabby Giffords. [The Hill, 6/01/11] The amendment passed 327-93. [HR 2017, Vote #387, 6/01/11] 338 DCCC Bilbray Research Book Last Updated 2/29/12 Voted for Major Cuts to the Department of Homeland Security In 2011, Bilbray voted for a bill which contained major cuts to the Department of Homeland Security, including funding for first responders. The appropriations bill funded the Department of Homeland Security for Fiscal Year 2012. This budget was $1.1 billion less than the amount appropriated in FY2010 and $3 billion less than the amount requested by President Obama. The cuts impacted grants for local fire departments, which were originally cut by $460 million but after a Democratic amendment were only cut $140 million. The bill contained a $2 billion cut for state and local aid funds from the Fiscal Year 2010 budget. There was also an amendment adopted which barred the TSA from using collective bargaining. [Politico, 6/01/11, 6/02/11; Washington Post, 6/03/11] Even the Republican Chairman of the House Homeland Security Committee Rep. Peter King voted against the bill saying: “We know also from bin Laden’s own records that he is aiming at maritime, he is aiming at mass transit, and he is aiming at our major cities. Yet we are cutting each of those programs by 50 percent, a fifty percent cut. […] And I just cannot see why, at a time when the threat level is the highest it’s been since September 11, that we are reducing Homeland Security grants by 50 percent. [Congressional Record, 6/01/11] The bill passed 231-188. [HR 2017, Vote #409, 6/02/11] Bilbray even voted against a motion which increased funding for state and local transportation and railroad security assistance grants by $75 million. The motion failed 187-234. [HR 2017, Vote #408, 5/26/11] Voted to Protect Defense Department Research on Alternative Energies In 2011, Bilbray voted against an amendment that would reduce funding for Defense Department procurement, research and innovation programs by $115.5 million. The aim of reduced funding was for alternative energy research. The amendment failed, 109-320. [HR 1, Pompeo amendment #86, Vote #44, 2/15/11] Voted to Cut Funding for Homeland Security In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill that would reduce the bill’s discretionary spending by 5.7 percent, from $36.3 billion to $34.2 billion. [CQ Floor Votes, 6/15/07] The amendment was defeated 178-243. [HR 2638, Vote #489, 6/15/07] Voted For Increasing Funding for Customs and Border Security In 2011, Bilbray voted for an amendment which increased border security and customs funding by $32 million in the Homeland Security Appropriations legislation. 339 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment would have increased the funding for customs and border security by $32 million by transferring $16 million from the Office of the Undersecretary for Management and another $16 million from the Office of the Undersecretary for Science and Technology. [CQ Floor Votes, 6/01/11] The amendment failed 162-256. [HR 2017, Vote #388, 6/01/11] Voted Against 10 Percent Cut of the Department of Homeland Security’s Funding In 2011, Bilbray voted against an amendment which would have cut the funding for the Department of Homeland Security, except US Customs and Border Protection and Immigration and Customs Enforcement, by 10 percent. According to Politico, “Republicans, including the party leadership, were badly split on the proposed 10 percent reduction which would have come on top of $1.1 billion already cut from current Homeland funding.” [Politico, 6/02/11; Congressional Record, 6/01/11] The amendment failed 110-312. [HR 2017, Vote #402, 6/02/11] Voted to Prohibit Transferring Detainees Held at Guantanamo Bay Cuba to the United States for Trials In 2011, Bilbray voted for a bill containing a policy rider which prohibited the use of funds to transfer or release Guantanamo detainees in the U.S. The policy rider prohibited the use of funds for the transfer or release of Guantanamo detainees to the United States. The underlying bill was the final continuing resolution passed to fund the federal government for the rest of Fiscal Year 2011. [CQ BillAnalysis, 7/14/11; CQ Floor Votes, 4/14/11] The bill passed 260-167. [HR 1473, Vote #268, 4/14/11] NOTE: This bill was passed as a compromise between the White House, Senate and House of Representatives to avoid a government shutdown and provided funding for government agencies for the remainder of FY11. Voted Against Additional Air Marshals to High Risk Flights In 2011, Bilbray voted against a motion to recommit which changed the union-representation ballots rules for rail and airline employees. The motion would have required the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to deploy federal air marshals on the highest risk passenger flights. The motion failed 184-235. [HR 658, Vote #219, 3/29/11] Voted Against $19 Million Cut to Defense Department Operations 340 DCCC Bilbray Research Book Last Updated 2/29/12 In 2011, Bilbray voted against cutting funding for Defense Department operations and maintenance by $18.75 million. “If we cannot do this on defense...where can we do it?” asked Rep. Jeff Flake, the Arizona Republican who sponsored the amendment to cut $19 million for commissions. [Wall Street Journal, 2/16/11] The amendment failed, 207-223. [HR 1, Flake amendment #370, Vote #41, 2/15/11] Supported Military Operations in Iraq and Afghanistan In 2010, Bilbray voted for passing a $58.8 billion supplemental appropriations bill with $45.5 billion in discretionary spending. The bill provided $37.1 billion for operations in Iraq and Afghanistan, including funds for the 30,000 troop surge in Afghanistan; $5.1 billion for the Federal Emergency Management Agency; $2.9 billion for the response to the Haitian earthquake; and $162 million related to the oil spill in the Gulf of Mexico. In addition to the discretionary spending, the bill included $13.4 billion in mandatory funding for the Veterans Affairs Department to cover health claims by Vietnam War veterans exposed to the defoliant Agent Orange. The bill also included: $178 million for the Army Corps of Engineers to respond to natural disasters; $100 million in flood relief to help communities devastated by flooding; $31.5 million for farm loans to family farmers; $22 million to address a backlog in mine safety enforcement cases; and Required the Transportation Security Administration to require commercial foreign airlines to check the no-fly list no later than 30 minutes after it has been updated. [CQ Today, 7/27/10] The bill passed, 308-114. [HR 4899, Vote #474, 7/27/10] Voted to Bar Detainees from Guantanamo Bay onto U.S. Soil In 2010, Bilbray voted in favor of barring the transfer or release of any military detainees held at Guantanamo Bay, Cuba, to the United States. The motion to recommit on the 2011 defense authorization bill allowed for no exceptions to the ban. The motion amended the bill to replace a provision that would have banned the transfer but would have allowed the prohibition to be lifted if the president provided a detailed plan to Congress on how the detainees would be handled to avoid security risks. [CQ Today, 5/28/10] The motion passed, 282-131. [HR 5136, Vote #335, 5/28/10] Opposed $760 Billion Defense Bill to Protect Troops 341 DCCC Bilbray Research Book Last Updated 2/29/12 In 2010, Bilbray voted against the nearly $760 billion defense authorization bill, funding our troops and operations in Iraq and Afghanistan. The bill authorized $725.9 billion for defense programs in fiscal 2011 and $33.7 billion in fiscal 2010 funding for the “surge” of additional forces in Afghanistan. It included $159.3 billion in fiscal 2011 contingent funds specifically authorized to support operations in Iraq and Afghanistan and the war on terrorism. Additional funds were allocated for equipment depleted by the war in Iraq, including combat vehicles; new battle gear for the Army National Guard and reserves; military pay raises; Special Operations forces; and quality of life improvements for troops and their families. [CQ Today, 5/28/10] The bill passed, 229-186. [HR 5136, Vote #336, 5/28/10] Supported $44 Billion in Homeland Security Funding In 2009, Bilbray voted for the Homeland Security Appropriations bill. The bill included $44 billion in fiscal 2010 funding for the Homeland Security Department and related activities. It included $10 billion for customs and border protection. It included $5.4 billion for immigration and customs enforcement. Included $7.7 billion for Transportation Security Administration and $10 billion for the Coast Guard, and included $7.4 billion for Federal Emergency Management Agency. The measure also required the department to conduct threat assessments of detainees at Guantanamo Bay, Cuba and put the detainees on the “no-fly” list and deny them immigration benefits. [CQ Bill Analysis, HR 2892; CQ House Action Reports, 6/22/09] The bill passed 389-37. [HR 2892, Vote #450, 6/26/09] Voted for Homeland Security Funds In 2008, Bilbray voted for a bill that would authorize $41.2 billion in funding for homeland security as part of an omnibus spending bill. Specifically, the fiscal year 2009 Homeland Security portion of the spending bill would receive $40 billion in discretionary spending, a 6 percent increase above fiscal year 2008. The measure would also provide $4.2 billion for state and local grants from the department. [CQ Today, 9/24/08] The bill passed 370-58. [HR 2638, Vote #632, 9/24/08] Opposed Fiscally Responsible FY 2009 Budget That Would Increase First Responder Funding In 2007, Bilbray opposed a budget resolution that would establish the congressional budget for FY 2009. The resolution would call for expenditures of $3.1 trillion and would allow up to $1 trillion in discretionary spending, plus $70 billion for the wars in Iraq and Afghanistan and $5.8 billion for hurricane recovery. [CQ Floor Votes, 3/13/08] 342 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would also increase first responder funding over the Bush administration’s request, specifically for Community Oriented Policing Services (COPS) and firefighter assistance grants. [“Summary of the 2009 Democratic Budget,” House Committee on the Budget, 3/11/08] The bill passed 212-207. [H Con Res 312, Vote #141, 3/13/08] Opposed Budget that Funded Key Homeland Security Programs In 2007, Bilbray voted against the fiscal year 2008 budget conference report that began to reverse six years of Republican fiscal mismanagement, provided for middle-class tax relief and would return the budget to balance – reaching a surplus of $41 billion in 2012 – without raising taxes. [House Budget Committee, Overview of FY2008 Budget Conference Agreement, 5/16/07] The budget provided robust defense funding levels while targeting resources on the most pressing security concerns, including an increase for homeland security funding that exceeded funding requested by the Administration. The budget provided funding that can be used to help address previously underfunded 9/11 Commission recommendations such as increasing efforts to screen cargo on passenger aircraft, increasing efforts to scan shipping containers in foreign ports, and providing interoperable communications to first responders. The budget resolution placed high priority on rejecting the President’s cuts to first responder and local law enforcement programs, which included: Local Law Enforcement Terrorism Prevention grants (cut $112 million), State Homeland Security Grant Program (cut $338 million), Urban Area Security Initiative (cut $170 million), Firefighter assistance grants (cut $362 million), Staffing for Adequate Fire and Emergency Response Firefighters (cut $115 million), Byrne Justice Assistance Grants (cut $170 million), Community Oriented Policing Services (COPS) (cut $510 million) and the State Criminal Alien Assistance Program (SCAAP) (eliminated). In addition, the President’s budget included only $210 million for port security grants, $190 million short of the authorized level of $400 million per year. [House Budget Committee, Conference Agreement on the FY 2008 Budget Resolution: Building on the “Six for ‘06, 5/24/07] The budget passed 214-209. [SCR 21, Vote #377, 5/17/07] Supported Increased Funding to Keep WMD Away from Terrorists In 2007, Bilbray voted for the fiscal year 2008 defense authorization bill, which authorized $645.5 billion for fiscal 2008 defense-related spending, including $141.8 billion in fiscal 2008 emergency supplemental funding for ongoing military operations in Iraq and Afghanistan, including a 3.5 percent increase in pay for military personnel. The bill authorized $1.82 billion - $150 million above the president’s request – to strengthen and expand the Department of Energy National Nuclear Security Administration’s non-proliferation programs. The bill included $280.2 million for weapons of mass destruction proliferation detection and nuclear explosion monitoring, $147.9 million for the Non-proliferation and International Security program, 343 DCCC Bilbray Research Book Last Updated 2/29/12 $401.8 million for the International Materials Protection and Cooperation program, $196.6 million for the Global Threat Reduction Initiative and $399.7 million for staff capacity, capabilities and resources to implement non-proliferation programs. It also authorized $398 million to strengthen and expand the Cooperative Threat Reduction program. [Congressional Quarterly Bill Summary, HR 1585] The bill passed 397-27. [HR 1585, Vote #373, 5/17/07] Opposed Homeland Security Grants, Stronger Accountability In 2007, Bilbray voted against the fiscal year 2008 Department of Homeland Security authorization bill. The bill authorized $39.9 billion for homeland security programs, including $300 million between fiscal 2008 and 2010 for grants to states to prevent terrorists or other individuals from fraudulently obtaining and using state-issued identification cards, as well as for developing more secure documents for issuance by the states. [CQ Floor Votes, 5/09/07] The bill reinstated critical funding for first responder programs like the State Homeland Security Grant program and FIRE Act grants. [Committee on Homeland Security, 5/09/07] The bill also required the department to conduct a comprehensive homeland security review, and eliminated the department’s authority to establish a unique personnel management system. [Congressional Quarterly] The bill also increased the ability of the Inspector General to investigate disaster response and border security programs and strengthened the integrity in the agency’s contracting practices and promotes small business opportunities. [Committee on Homeland Security, 5/09/07] The bill passed 296-126. [HR 1684, Vote #318, 5/09/07] Voted to Increase Funding for Human Intelligence by Cutting Drug Intelligence Funds In 2007, Bilbray voted against a motion to recommit the fiscal year 2008 Intelligence authorization bill to the Intelligence Committee with instructions that it be immediately reported back with language that would increase the human intelligence budget in the CIA by $23 million, offset by a cut of the same amount for the National Drug Intelligence Center. [CQ Floor Votes, 5/11/07] It motion also would have required the inspectors general of two federal government entities to investigate the NDIC. [CQ Today, 5/18/07] The motion was defeated 181-241. [HR 2082, Vote #340, 5/11/07] Opposed Emergency Funding for Anti-Terrorism and Homeland Security In 2007, Bilbray voted against legislation that would provide $42.8 billion in fiscal 2007 emergency spending for military operations in Iraq and Afghanistan. 344 DCCC Bilbray Research Book Last Updated 2/29/12 In addition, the bill provided $6.8 billion for hurricane recovery and relief, $3.3 billion for military healthcare costs and $2.25 billion for homeland security anti-terrorism programs. It also would raise the minimum wage to $7.25 per hour over two years and provide $4.8 billion in small-business tax incentives. The bill also required another congressional vote in late July to release the remaining $52.8 billion for the Pentagon, and would withhold funds until the president reports by July 13 on progress the Iraqi government has made toward meeting specified benchmarks and goals set by the bill and Congress has adopted a joint resolution releasing the “fenced off” funds. [CQ Floor Votes, 5/10/07] The bill passed 221-205. [HR 2206, Vote #333, 5/10/07] Supported Cap on Intelligence Analysts and Planners In 2007, Bilbray voted for an amendment to the fiscal year 2008 Intelligence authorization bill to limit the number of personnel in the Office of the Director of National Intelligence to the number serving in the office on May 1, 2007. [CQ Floor Votes, 5/11/07] According to Intelligence Committee Chairman Silvestre Reyes (D-TX), who opposed the amendment, the cap would have a negative impact on counterterrorism activities. “… This cap would actually eliminate large numbers of analysts and planners, with the harshest impact falling on the National Counterterrorism Center, which analyzes terrorism information and plans counterterrorism operations,” Reyes said during debate on the amendment. “It would also have the unintended consequence that it would eliminate personnel from the National Counterproliferation Center and the Office of Privacy and Civil Liberties.” [Congressional Record, 5/10/07; Page: 4898] The amendment was defeated 181-241. [HR 2082, Vote #338, 5/11/07 (in the session that began and the Congressional Record dated May 10, 2007)] Opposed Increased Human Intelligence Activities In 2007, Bilbray voted against a bill to authorize classified amounts in fiscal 2008 for U.S. intelligence activities and agencies including the CIA, the National Security Agency, the National GeospatialIntelligence Agency and the Defense Intelligence Agency. The bill authorized increased investment in U.S. human intelligence activities, including training, infrastructure and global capabilities. It also required the director of National Intelligence to submit to Congress a national intelligence estimate on the impact of the geopolitical effects of global climate change to U.S. national security. [CQ Floor Votes, 5/11/07] The bill passed 225-197. [HR 2082, Vote #341, 5/11/07] Voted to Increase Missile Defense Funds by Cutting DOD Research 345 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted in favor of an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would have restored the missile defense authorizations and directed the funds towards medium-range anti-missile systems. The amendment would have left it to the Pentagon to pay for the programs by shifting the money from other military research programs. [CQ Today, 5/22/08] The amendment failed 186-229. [HR 5658, Vote #356, 5/22/08] Opposed Cut to Missile Defense In 2008, Bilbray voted against an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would have cut $966 million from the missile defense programs and moved it to a variety of other military initiatives. Democratic leaders from the Armed Services Committee opposed the amendment, saying it went too far. [CQ Today, 5/22/08] The amendment failed 122-292. [HR 5658, Vote #357, 5/22/08] Voted to Increase Funding for Replacement Warhead Program In 2008, Bilbray voted in favor of an amendment to the fiscal year 2009 Defense Authorization bill. The amendment would have increased the funding for the National Nuclear Security Administration’s Reliable Replacement Warhead by $10 million. The cost would be offset by a decrease in funds for energy conservation on military installations. [CQ Floor Votes, 5/22/08] The amendment was rejected 145-271. [HR 5658, Vote #358, 5/22/08] Voted to Increase Missile Defense In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 defense appropriations bill to increase funding for missile defense programs. The amendment would have increased funding for a ground-based mid-course missile defense system by $97.2 million, offset by a reduction of the same amount from research, development, test and evaluation. [CQ Floor Votes, 8/05/07] The amendment was defeated 161-249. [HR 3222, Vote #840, 8/05/07] Supported Increased Funding for Missile Defense In 2007, Bilbray voted in favor of an amendment to the 2007 Defense Authorization bill that would increase the bill’s authorization for Missile Defense Agency activities by $764 million. [CQ Floor Votes, 5/17/07] 346 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment was defeated 199-226. [HR 1585, Vote #368, 5/17/07] Opposed Cut to Missile Defense Funding In 2007, Bilbray voted against an amendment to the 2007 Defense Authorization bill that would reduce the bill’s authorization for Missile Defense Agency activities by $1.1 billion. [CQ Floor Votes, 5/17/07] The amendment was defeated 127-299. [HR 1585, Vote #367, 5/17/07] Voted for Funding for Homeland Security In 2007, Bilbray voted for an emergency appropriations bill that included $1.1 billion for anti-terrorism homeland security activities. The measure included funding for improved in-line technology at airports for screening baggage, better technology at airport checkpoints for screening passengers and carry-on baggage for explosives, more border security, improved security on buses, subways, and railroads, improved preparedness at all levels of government for a nuclear attack or dirty bomb, more security at our ports, and improved preparedness for FEMA and state and local emergency managers to respond to an attack or a natural disaster, including mass evacuation. The measure appropriated $22.2 billion in fiscal 2007 emergency spending, including $7.7 billion for military operations in Iraq and Afghanistan, $3.1 billion for military base closure expenses, $1.8 billion for veterans’ medical care, $650 million for the State Children’s Health Insurance Program, $2.9 billion for hurricane relief, and $3 billion for agriculture disaster relief. The measure also included a provision to raise the minimum wage to $7.25 per hour over two years. To help small businesses with the costs of raising the minimum wage, the measure provided $4.8 billion in small-business tax incentives. [CQ Floor Votes, 5/24/07] The measure passed 348-73. [HR 2206, Vote #424, 5/24/07] Opposed Increased Funding for Urban Security Grants In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill to add $50 million for Urban Area Security Initiative grants. The increased funding was offset by reducing the appropriation for the Office of the Secretary by $15 million and the Office of the Undersecretary for Management by $35 million. [CQ Floor Votes, 6/12/07] The amendment passed 244-174. [HR 2638, Vote #453, 6/12/07] Supported Funding to Restore Cuts to Intelligence Programs In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill to add $10 million to the Analysis and Operations account for intelligence. 347 DCCC Bilbray Research Book Last Updated 2/29/12 The funding increase was offset by reducing the Office of the Secretary by $1 million, the Office of the Undersecretary for Management by $3 million and Customs and Border Protection salaries and expenses by $6 million. [CQ Floor Votes, 6/12/07] According to the amendment’s sponsor, Congressman Dave Reichert (R-WA), the amendment restored a cut to the Department of Homeland Security (DHS) Analysis and Operations Account, which funds most of the intelligence and analysis functions within the Department of Homeland Security. Without the amendment, Reichert argued that the proposed Homeland Security appropriations bill cut the account $8 million dollars below FY07 levels, and was $23 million below the President’s Budget request. [Congressman Dave Reichert press release, 6/15/07] The amendment passed 218-205. [HR 2638, Vote #455, 6/12/07] Cut Washington Bureaucracy for Funding for Border Personnel In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill to increase funding for Immigration and Customs Enforcement salaries and expenses account by $9 million. The funding increase was offset by reducing funding for the Office of the Undersecretary for Management by $10 million. [CQ Floor Votes, 6/15/07] The amendment passed 286-127. [HR 2638, Vote #469, 6/15/07] Voted Against Increased Funding for Domestic Nuclear Detection In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Homeland Security appropriations bill to increase funding for the Domestic Nuclear Detection Office by $40 million. The increase was offset by a reduction for the Office of Undersecretary for Management by $35 million and Coast Guard research by $5 million. [CQ Floor Votes, 6/15/07] The amendment passed 282-137. [HR 2638, Vote #470, 6/15/07] Supported Increased Funding for Real ID by Cutting Coast Guard In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that would add $150 million for grants to assist states to meet requirements under a 2005 law for secure driver’s licenses and identification cards (REAL-ID). The increased funding was offset by a reduction for the Coast Guard Deepwater ship and aircraft modernization program by the same amount. [CQ Floor Votes, 6/15/07] Opponents of the measure, including Congressmen Harold Rogers (R-KY) and David Price (D-NC) noted that the Homeland Security appropriations bill already contained $50 million for the REAL-ID program that the Bush administration had not requested, and that the Coast Water Deepwater program could not withstand the additional cuts. 348 DCCC Bilbray Research Book Last Updated 2/29/12 “… This amendment would cut too much from the Deepwater program for a REAL ID program that is flush with money already,” Rogers said. [Congressional Record, 6/14/07; Page H6450] The amendment was defeated 155-268. [HR 2638, Vote #479, 6/15/07] Supported Higher Funding for Border Fence and Technology In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill to increase funding the Customs and Border Protection fencing, infrastructure and technology account by $89 million. The funding was offset by a reduction for the Office of the Undersecretary for Management by the same amount. [CQ Floor Votes, 6/15/07] The amendment passed 241-179. [HR 2638, Vote #471, 6/15/07] Voted to Cut TSA Funding to Increase Border Patrol In 2007, Bilbray voted for an amendment to the fiscal year 2008 Homeland Security appropriations bill that would add $125 million for Customs and Border Protection salary and expenses. The increased funds were offset by a reduction for the Transportation Security Administration’s aviation security direction and enforcement by the same amount. [CQ Floor Votes, 6/15/07] The amendment was defeated 96-327. [HR 2638, Vote #475, 6/14/07] Voted to Speed Up Border Fence In 2007, Bilbray voted for an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill to stop potential delays of the construction of border security fencing. The amendment would have eliminated language barring the use of funds for fencing on certain federal lands unless the decision to locate the fencing has been coordinated with the relevant federal agency and the department makes every effort to minimize the impact on wildlife and natural resources. It would have also eliminated language barring the use of funds unless there has been formal consultation with affected state and local communities to solicit their advice and support. [CQ House Action Reports, 6/15/07] The amendment was defeated 190-233. [HR 2638, Vote #476, 6/15/07] Voted to Block Funding for Aerial Vehicles for Border Patrol In 2007, Bilbray voted against an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill to allow funding for the procurement of additional unmanned aerial vehicles. 349 DCCC Bilbray Research Book Last Updated 2/29/12 The amendment struck a provision in the bill blocking the funds until the Customs and Border Protection certified to the House and Senate Appropriations committees that they are a higher priority and more cost effective than other items in the Air and Marine Recapitalization and Modernization Plan. [CQ Floor Votes, 6/15/07] The amendment was defeated 192-232. [HR 2638, Vote #477, 6/15/07] Voted for September 11th Commission Recommendations… In 2007, Bilbray voted in favor of the conference report on the bill that would implement recommendations of the Sept. 11 commission. The recommendation included requiring homeland security grants based mainly on risk while ensuring minimum amounts for each state and creating a new grant program to support the development of interoperable communications. It also required all cargo bound for the United States to be scanned for radiation and density before being placed on a ship in a foreign port by July 1, 2012, and authorized new sanctions on foreign individuals or entities that engage in the improper transport or sales of nuclear weapons materials. [CQ Floor Votes, 7/27/07] The bill passed 371-40. [HR 1, Vote #757, 7/27/07] … But Opposed 9-11 Commission Recommendations Earlier in 2007 In 2007, Bilbray voted against implementing the recommendations of the Sept. 11 commission. The measure included a provision requiring homeland security grants to be provided primarily on the basis of risk while ensuring minimum amounts for each state. It created a new grant program to support the development of interoperable communications. In addition, the bill required all cargo bound for the United States to be scanned for radiation and density before being placed on a ship in a foreign port. The bill authorized new sanctions on foreign individuals or entities that engage in the improper transport or sales of nuclear weapons materials. [CQ Floor Votes, House Roll Call Vote 15, 1/09/07] The bill passed 299-128. [HR 1, Vote #15, 1/09/07] Voted to Delay Visa Requirements In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that that would bar the use of funds in the bill to implement the travel document requirements under the Western Hemisphere Travel Initiative until June 1, 2009. [CQ Floor Votes, 6/15/07] The Western Hemisphere Travel Initiative will require all U.S. citizens, Canadians, citizens of the British Overseas Territory of Bermuda, and citizens of Mexico to have a passport or other accepted secure document to enter or re-enter the U.S. by January 1, 2008. [Department of State Press Release, 4/05/05] 350 DCCC Bilbray Research Book Last Updated 2/29/12 The bill passed 379-45. [HR 2638, Vote #483, 6/15/07] Opposed Homeland Security Funds In 2007, Bilbray voted against the fiscal year 2008 appropriations bill for the Department of Homeland Security. The bill provided $37.4 billion for homeland security funds, but 7 percent less than the total FY 2007 appropriation, which included emergency and supplemental funds. The bill provided $2.1 billion (6 percent) more than requested by President Bush. [CQ House Action Reports, 6/18/07] The bill passed 268-150. [HR 2638, Vote #491, 6/15/07] Opposed 14 Percent Increase in Homeland Security Funds In 2007, Bilbray voted against the fiscal year 2008 appropriations bill for the Department of Homeland Security. The bill addressed pressing security needs and included provisions to implement many of the recommendations of the 9/11 Commission. The $37.4 billion bill provided a 14 percent increase in homeland security funds over the previous year (not including emergency funding), including $8.8 billion for customs and border protection, $6.6 billion for the Transportation Security Administration (TSA), including fees, $8.4 billion for the Coast Guard, $1.4 billion for the Secret Service and $7.1 billion for the Federal Emergency Management Agency. Under the bill, new emphasis was placed on protecting our ports and our rail and transit systems. The bill provided support to states and local communities for preventing and responding to terrorist threats and natural disasters. Critical investments were made into border and immigration security, providing for record numbers of border patrol agents (17,819 in total), and detention beds (28,450). The bill also included provisions to: Expand the number of federal airport screeners beyond last year’s capped total of 45,000; Prohibit the federal government from pre-empting stricter state and local chemical security laws and regulations; Require TSA to double the amount of cargo that it screens in fiscal 2008. [House Appropriations Committee] In addition, the bill included language mandating that projects funded by the bill comply with the DavisBacon Act, which requires that contractors pay the prevailing wage rate to their employees. [Congressional Quarterly House Action Report] The bill passed 268-150. [HR 2638, Vote #491, 6/15/07] Opposed Holding Secret Session to Review Entire National Intelligence Estimate 351 DCCC Bilbray Research Book Last Updated 2/29/12 In 2006, Bilbray voted against a motion to hold a secret session to discuss the National Intelligence Estimate. On September 24, the New York Times reported that the National Intelligence Estimate, a document reflecting the opinions of all 16 of the government’s intelligence agencies, “concludes that, rather than contributing to eventual victory in the global counterterrorism struggle, the situation in Iraq has worsened the U.S. position.” In short, the war in Iraq was making the US less safe and was, according to the Times, “helped spawn a new generation of Islamic radicalism and that the overall terrorist threat has grown since the Sept. 11 attacks.” House Democratic Leader Nancy Pelosi offered a motion to dissolve the House into a secret session so that members could discuss the ramifications of the report on the war in Iraq and the war on terror. [Leadership Document, “National Intelligence Estimate (NIE) in April Reportedly Concluded That the Iraqi War Has Worsened the Terrorist Threat,” 9/26/06] The motion was defeated 171-217. [HRS0, Vote #478, 9/26/06] Supported Motion for Additional $4.7 Billion for Mass Transit Security in Port Security Bill In 2006, Bilbray voted for a motion to instruct conferees negotiating the port security bill with the Senate to accept the Senate’s provisions that provided improvements to security for America’s rail, subway, buses and trucking systems. The House version of the port security bill, which was passed in May 2006, only addressed port and shipping container security, and Democrats wanted the final version of the bill to be more comprehensive. Unlike the House, the Senate approved an amendment that would authorize $3.5 billion for mass transit security grant programs and $1.2 billion for freight and passenger rail security. [House Homeland Security Committee Minority Staff Talking Points] The motion passed 281-140. [HR4954, Vote #500, 9/28/06] Opposed Disclosure for CIA Funding In 2000, Bilbray voted against an amendment to the FY 2001 Intelligence Authorization that would require the CIA director to annually submit a report to Congress containing an unclassified statement of the total appropriations for U.S. intelligence activities the previous fiscal year. [CQ Floor Votes, 5/23/00] The amendment was defeated 175-225. [HR 4392, Vote #214, 5/23/00] Supported Terrorism Response Training for Firefighters In 2008, Bilbray voted in favor of a bill that would authorize $293 million for the U.S. Fire Administration, an arm of the Federal Emergency Management Agency, through fiscal year 2012. 352 DCCC Bilbray Research Book Last Updated 2/29/12 The bill would update the training program at the National Fire Academy to include national catastrophes related to terrorism, large-scale fires, hazardous materials, wildfires and advanced emergency medical services. It would also authorize FEMA to use appropriated money to make the National Fire Incident Reporting System available online and updated in real time. [CQ Today, 4/03/08] The bill passed 412-0. [HR 4847, Vote #160, 4/03/08] Supported $34.8 Billion for Homeland Security Appropriations Conference Report In 2006, Bilbray voted in favor of the FY 07 Homeland Security Appropriations conference report. The agreement provided $34.8 billion, $2.7 billion (8 percent) more than requested, 5 percent more than the House bill, 4 percent more than the Senate version and $2.3 billion (7 percent) more than the current spending level. The total included $21.3 billion for border security and immigration enforcement, $2.1 billion (11 percent) more than the current level. The bill postponed for 17 months, until June 2009, the requirement that all persons entering the country from Western Hemisphere countries, such as Canada and Mexico, must have a passport or comparable document. It prevented border authorities from stopping individuals bringing prescription drugs from Canada if the drugs were for personal use only and limited to a 90-day supply. The measure included language creating new criminal penalties for building tunnels under the U.S. border and doubling penalties for smuggling illegal immigrants, drugs, weapons of mass destruction and other illegal items through such tunnels. The conference agreement kept FEMA in the Homeland Security Department, but increased its autonomy. It provided $2.5 billion for FEMA, 15 percent less than requested. [CQ House Action Report 109-22, 9/28/06] The bill passed 412-6. [HR5441, Vote #509, 9/29/06] Opposed Funding for Public Health Emergencies In 2000, Bilbray voted against an amendment to reduce all discretionary accounts by 0.617 percent to provide funding for the public health emergency fund. [CQ Floor Votes, 6/13/00] The amendment was defeated 186-236. [HR 4577, Vote #269, 6/13/00] 353 DCCC Bilbray Research Book Last Updated 2/29/12 Terrorism and Homeland Security Issues – Civil Liberties Significant Findings Voted Against Requiring PATRIOT Act Provisions Comply with Constitution Voted to Allow Surveillance of Library Records Opposed Efforts to End Enhanced Interrogation, Including Waterboarding Bilbray voted against requiring PATRIOT Act provisions comply with the United States Constitution. With other votes, Bilbray has failed to adequately protect fundamental civil liberties of Americans. He voted to allow surveillance of library records, including library patron lists, book sales, and customer lists. He opposed a measure to protect the privacy of American citizens by stopping the use of wiretapping of American citizens. Bilbray also opposed efforts to end enchanted interrogation techniques of detainees, including an end to the practice of waterboarding. Voted Against Requiring PATRIOT Act Provisions Comply with Constitution In 2011, Bilbray voted against a measure that would have added language to the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 that would ensure complete compliance with the U.S. Constitution relating to access to business records, individual terrorists as agents of foreign powers and roving wiretaps. In addition, it would require expedited review of federal civil proceedings for any allegations of violations of such rights. The measure failed, 186-234. [HR 514, Vote #35, 2/14/11] Voted to Allow Library Activity Surveillance In 2011, Bilbray against prohibiting funds in the Republicans’ continuing resolution to be used under a Foreign Intelligence Surveillance Act (FISA) order requiring the production of library circulation records, library patron lists, book sales or book customer lists. The amendment was rejected, 196-231. [HR 1, Nadler amendment #524, Vote #95, 2/18/11] 354 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Measure to Protect Privacy of American Citizens In 2007, Bilbray voted against an amendment to prevent the use of wireless wiretapping of American citizens. The bipartisan amendment, introduced by Democratic Congressman Adam Schiff (D-CA) and Republican Congressman Jeff Flake (R-AZ) reiterated that the Foreign Intelligence Surveillance Act of 1978 (FISA) continues to be the exclusive means by which domestic electronic surveillance for the purpose of gathering foreign intelligence information may be conducted. The amendment also made clear that only an explicit change in the law can provide an exception to FISA. [Congressman Adam Schiff press release, 5/11/07] The amendment passed 245-178. [HR 2082, Vote #339, 5/11/07 (in the session that began and the Congressional Record dated May 10, 2007)] Opposed Banning Harsh Interrogation Methods In 2007, Bilbray voted against a conference report on the bill that would authorize classified amounts in the fiscal year 2008 budget for intelligence agencies and programs. The conference report would block the CIA from using several controversial interrogation techniques. It would require civilian as well as military interrogators to obey the Army Field Manual’s ban on torture of prisoners and the United States to adhere to the Geneva Conventions when handling prisoners of war. [CQ Today, 12/13/07; Washington Post, 12/16/07] The conference report passed 222-199. [HR 2082, Vote #1160, 12/13/07] Opposed Override Bush Veto of Intelligence Authorization Bill, Waterboarding In 2008, Bilbray voted against an attempt to override President Bush’s veto of the fiscal year 2008 intelligence authorization bill. The bill contained a provision that would restrict intelligence agencies to the 19 interrogation techniques that were allowed in the Army Field Manual. The manual prohibits harsh interrogation methods, such as the simulated drowning technique known as waterboarding, and forbids cruel and inhumane treatment of enemy captives. [CQ Today, 3/11/08] The provision in the legislation would extend these restrictions, which had already been imposed on the military, to the CIA and other agencies. [CQ Today, 3/10/08] The override was rejected 225-188 after failing to get the necessary 2/3 majority under suspension of the rules. [HR 2082, Vote # 117, 3/11/08] Opposed Accountability at Guantanamo 355 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against an amendment to the 2007 Defense Authorization bill that would require the office of the Defense secretary to submit a report that contains a plan for the transfer of all individuals presently detained at Guantanamo Bay, Cuba. The report would identify the number of detainees who, as of Dec. 31, 2007, will have been charged with a crime, will be subject to release, or have not been charged with a crime but who the Defense Department wishes to continue to detain. President Bush opposed the amendment. [CQ Floor Votes, 5/17/07] The amendment passed 220-208. [HR 1585, Vote #370, 5/17/07] Voted for FISA Compromise In 2008, Bilbray voted for compromise bill that would overhaul the Foreign Intelligence Surveillance Act (FISA), which governs electronic surveillance of foreign terrorism suspects. The bill set new electronic surveillance rules that effectively shield telecommunications companies from lawsuits arising from the government’s terrorism-era warrantless eavesdropping on phone and computer lines in the country. The bill would also: Require FISA court permission to wiretap Americans who are overseas. Prohibit targeting a foreigner to secretly eavesdrop, without court approval, on an Americans’ calls or e-mails. Require the government to protect American information or conversations that are collected when in communications with targeted foreigners. Allow the FISA court 30 days to review existing but expiring surveillance orders before renewing them. Allow eavesdropping in emergencies without court approval, provided the government files required papers within a week. Prohibit the president from superseding surveillance rules in the future. The bill’s provisions will sunset on Dec. 31, 2012, but warrants will remain in effect until they expire. [Associated Press, 6/21/08; CQ Floor Votes, 6/20/08] The bill passed 293-129. [HR 6304, Vote #437, 6/20/08] Opposed Senate Version of FISA Bill without Retroactive Immunity In 2008, Bilbray voted against the Senate version of the FISA as amended by the House. 356 DCCC Bilbray Research Book Last Updated 2/29/12 The House amendment struck the retroactive immunity provisions for telecommunications companies on pending civil lawsuits and instead provided for immunity for future cooperation with government requests to assist with surveillance. It also created a bipartisan commission to report on conducting surveillance on Americans without obtaining FISA warrants and allowed federal courts to hear classified information in civil suits against telecommunications companies. [Congressional Quarterly] Opponents of the amended version said it was “show piece” that both the Senate and Bush Administration indicated was “dead on arrival” and “unlikely ever to become law.” [Rep. Goeff Davis Press Release, 3/18/08] Rep. Lamar Smith (R-Texas) commented on the lack of retroactive immunity for telecommunications companies saying, “We cannot ask these companies to help us protect America and then subject them to billion-dollar lawsuits. If we do, we risk losing their help in the future.” Speaker Nancy Pelosi argued that the immunity provisions were just an attempt to cover up malfeasance by Bush administration officials. [CongressNow, 3/14/08] The bill passed 213-197. [H.R. 3773, Vote #145, 3/14/08] Opposed Temporary Extension of FISA In 2008, Bilbray opposed extension of the Foreign Intelligence Surveillance Act for 21 more days beyond its February 16, 2008 expiration date. Without an extension, the House would be pressured to vote on the act before it expired and would lack time to negotiate a final agreement with the Senate. It also amended FISA to expand the authority of the attorney general and the director of National Intelligence to conduct surveillance of suspected foreign terrorists without a court warrant. [CQ Floor Votes, 2/13/08; CongressNow, 2/14/08] The bill was rejected 191-229. [HR 5349, Vote #54, 2/13/08] Voted to Block Extension of FISA In 2008, Bilbray voted to block a 21-day extension of the Foreign Intelligence Surveillance Act that expired on February 16, 2008. [CQ Floor Votes, 2/13/08] The bill passed 206-199. [HR 5349, Vote #50, 2/13/08] Opposed Additional Privacy Protections for Warrantless Surveillance Act In 2007, Bilbray opposed a bill to amend the Foreign Intelligence Surveillance Act of 1978 to provide for the acquisition of electronic surveillance with constitutional protections and court oversight. The bill would allow the government to continue collecting electronic surveillance on people outside of the U.S. without a warrant for up to one year but would strengthen the FISA court’s oversight and privacy 357 DCCC Bilbray Research Book Last Updated 2/29/12 protections by requiring frequent audits and for a warrant to be obtained when Americans are targeted for surveillance. The bill did not provide immunity to telecommunications companies who participated in Bush’s warrantless surveillance program. [Congresswoman Nancy Pelosi press release, 11/15/07] The bill passed 227-189. [HR 3773, Vote #1120, 11/15/07] Voted To Kill Foreign Intelligence Reauthorization In 2007, Bilbray voted to kill a bill to reauthorize the Foreign Intelligence Surveillance Act through a motion to recommit to the Judiciary Committee with instructions. The procedure, with instructions for the Judiciary Committee to insert redundant language, was an attempt to kill the bill. Rep. Jane Harman said at the time of the motion, “I would like to say for two reasons there’s no need to support this motion to recommit: one, it kills the bill by using the word “promptly”; number two, it is redundant with excellent language that we added to the bill in the manager’s amendment.” [Congressional Record, H14060] The motion was rejected 194-222. [HR 3773, Vote #1119, 11/15/07] Voted to Revise Intelligence Surveillance Laws In 2007, Bilbray voted in favor of legislation to amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to expand the authority of the attorney general and the director of National Intelligence to conduct surveillance of one suspected foreign terrorist to another without a court warrant. [CQ Floor Votes, 8/04/07] Under the bill, communications companies would be compelled to comply with the government’s conduct of such surveillance. The administration would be required to provide the FISA court with a description of the procedures they used to determine whether the intelligence acquisition being conducted without a warrant is directed at foreign targets overseas within 10 days of initiating the electronic surveillance. The FISA court would then approve or disapprove of the measures. The bill included a six-month sunset clause. The bill was considered a top legislative priority for President Bush, who threatened to keep Congress in session until it was passed. “By passing a FISA modernization bill that the president can sign before we go home for recess, the Senate has taken immediate and decisive action to improve the security of our country,” said Senator Mitch McConnell (R-KY). [CQ Today, 8/03/07] The ACLU strongly opposed the bill, claiming that the bill gave “unconstitutional authority” to the Bush administration “to conduct warrantless dragnets of American’s international phone calls and emails.” [ACLU, 8/07/07] The bill passed 227-183. [S 1927, Vote #836, 8/04/07] Opposed Housing Guantanamo Detainees in United States 358 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted in favor of legislation expressing the sense of the Congress that detainees housed at Guantanamo Bay, Cuba, including senior members of al Qaeda, should not be released into the United States or transferred to facilities in the United States. [CQ Floor Votes, 9/04/07] The motion passed 305-83. [HR 2669, Vote #849, 9/04/07] Supported Establishing Military Tribunal Process for Alien Terrorist Suspects In 2006, Bilbray voted in favor of a bill that lends legislative support for the first time to broad rules for the detention, interrogation, prosecution and trials of terrorism suspects. The measure created new military tribunals or commissions to try alien terrorists, allowed prosecutors to make only certain portions of classified evidence available to defendants, permitted trials to proceed without the presence of the defendant if the judge finds that the defendant was disruptive, and provided for an appeals process for those convicted by military commissions. It barred detainees from filing habeas corpus suits challenging their detentions, thereby preventing detainees from initiating any judicial proceeding. The measure did not interpret U.S. treaty obligations under the Geneva Conventions, but stated that the president has the authority to interpret the meaning of the Conventions through executive order and specified types of interrogation techniques that were deemed in violation of the Geneva treaties. The bill also codified the definition of an “unlawful enemy combatant.” According to the Washington Post, “By writing into law for the first time the definition of an “unlawful enemy combatant,” the bill empowered the executive branch to detain indefinitely anyone it determines to have “purposefully and materially” supported anti-U.S. hostilities...At the same time, the bill immunizes U.S. officials from prosecution for cruel, inhumane or degrading treatment of detainees who the military and the CIA captured before the end of last year.” [CQ House Action Report, 109-46; Washington Post, 9/29/06] The bill passed 250-170. [S3930, Vote #508, 9/29/06] Voted to Kill Effort to Add Critical Amendments to Military Tribunal Bill In 2006, Bilbray voted in favor of a motion to kill three critical amendments to the military tribunals bill. The rule that the Republicans put forward for debating the bill prevented Democrats from offering much needed amendments to improve the bill. Rep. Tauscher’s (D-CA) amendment would have stripped out the section of the bill dealing with the Geneva Conventions. The underlying bill stated that that the President has the authority to “interpret the meaning and application” of the United States’ obligations under the Geneva Conventions. Critics argued that the provision allows the President to interpret the Geneva Conventions as he sees fit and that this would put American Servicemen and women at risk by lowering standards for 359 DCCC Bilbray Research Book Last Updated 2/29/12 prisoner treatment. Rep. Meehan’s (D-MA) amendment would have struck from the bill the provision that denies detainees the ability to file habeas corpus challenges to their detentions. Critics also noted that the provision made it extremely likely that the Supreme Court will rule that the legislation in unconstitutional. Rep. Loretta Sanchez’s (D-CA) amendment would make alterations to the bill’s appeals process. The bill created a new “Court of Military Commission Review” that would handle appeals of military commission determinations. Sanchez’s amendment scrapped that provision and instead directed appeals to already existing the existing U.S. Court of Appeals for the Armed Forces, which has experience in handling similar cases. [Leadership Document, “Democrats Seek Opportunity to Make Key Improvements In the Military Commissions Bill,” 9/27/06] The motion to kill the amendments passed 225-191. [HR6166, Vote #488, 9/27/06] Opposed Oversight of Military Tribunals Bill In 2006, Bilbray voted against a motion to add two provisions to the military tribunals bill that would provide increased oversight of the measure. First, the motion would provide an expedited judicial review of the bill to make sure that it is constitutional. Second, the motion would insert a sunset provision that would require the bill to be reauthorized in three years. [Leadership Document, “Democrats Fight For Expedited Judicial Review And For Requiring A Reauthorization In 3 Years,” 9/27/06] The motion failed 195-228. [HR6166, Vote #490, 9/27/06] Opposed Plan to Codify Terrorist Surveillance under Pre-Existing FISA Process In 2006, Bilbray voted against voted in favor of a motion to recommit that would replace the Bush administration’s warrantless wiretapping program with a bi-partisan substitute that would update provisions of the Foreign Intelligence Surveillance Act (FISA) to provide intelligence agencies more flexibility in emergency situations and less bureaucratic red tape when applying for warrants, while still requiring court orders for domestic surveillance of Americans. The substitute would: Extend 72 hours to 7 days the amount of time allowed to initiate surveillance in an urgent situation before going to the FISA court for a warrant Reiterate that FISA is the exclusive means by which domestic electronic surveillance for foreign intelligence purposes may be conducted and that the Use of Force resolution passed after 9/11 does not constitute an exception (the President has argued that he has the authority to conduct the program under the resolution). 360 DCCC Bilbray Research Book Last Updated 2/29/12 The substitute also streamlined and sped the FISA application process while requiring increased congressional oversight. [Leadership Document, “Democrats Call For NSA Domestic Surveillance to Go Forward But Under the FISA Process,” 9/28/06] The proposal failed 202-221. [HR5825, Vote #501, 9/28/06] Supported Authorizing Bush’s “Terrorist Surveillance Program” In 2006, Bilbray voted in favor of a bill that set ground-rules for Bush’s warrantless wiretapping program, also known as the “terrorist surveillance program.” The bill allowed the president to authorize electronic surveillance of communications by suspected terrorists for specified periods without first obtaining approval from the special, secret court established by the 1978 Foreign Intelligence Surveillance Act (FISA). Under the bill, such warrantless surveillance could be conducted for up to 90 days if an armed or terrorist attack against the United States has occurred, or if there is an “imminent threat” that is likely to cause death or widespread harm in this country. In all such instances, however, the president must notify the Congressional Intelligence committees and the FISA court of such surveillance. The original version of the bill would have authorized those expanded powers only post-attack, but the Bush administration sought, and got, the additional authority preceding an attack as well. The bill would have the effect of authorizing the NSA program with some changes, since the bill’s sponsor, Rep. Heather Wilson (R-NM) said the president would have the authority to determine and certify to Congress when the country is in a time of post-attack - the trigger that would allow warrantless surveillance. Wilson said she believed the nation was currently in a time of post-attack. Many Democrats repeatedly stressed that while spying on terrorists was important, the bill would not protect the rights of innocent U.S. citizens. [CQ House Action Report, 109-47] The bill passed 232-191. [HR5825, Vote #502, 9/28/06] Opposed Banning Warrantless Wiretapping In 2006, Bilbray voted against a bi-partisan amendment to the FY 07 Defense Appropriations bill that would have ended the Bush Administration’s warrantless wiretapping program. The amendment would have required the government to obtain a warrant when surveillance of Americans or others occurs in the United States. It would not prevent the Federal Government from fulfilling its duty to pursue al Qaeda and other terrorists with all available tools, including the use of electronic surveillance. 361 DCCC Bilbray Research Book Last Updated 2/29/12 Current law (the Foreign Intelligence Surveillance Act) allowed the Administration to obtain wiretaps in a timely and confidential manner through a proper court of law, up to 72 hours after the surveillance begins. [Rep. Schiff Press Release, 6/20/06] The bill failed 207-219. [HR5631, Vote #295, 6/20/06] Supported Use of “Secret Evidence” In 2000, Bilbray voted against an amendment to the FY 2001 Commerce, Justice, and State Appropriations bill to reduce Federal Prison System Salaries and Expenses funding by $173,480, the average cost of incarcerating the non-citizens currently detained when the INS denied bond, asylum, or other relief based on secret evidence. [CQ Floor Votes, 6/22/00] The amendment passed, 239-173. [HR 4690, Campbell Amendment, Vote #315, 6/22/00] Supported Anti-Terror Bill in 1996 In 1996, Bilbray voted in favor of anti-terrorism legislation that was introduced following the Oklahoma City bombing and contained many of the same provisions that eventually ended up in the Patriot Act. The bill made it easier to deport foreign terrorists, barred foreign terrorists from fundraising in the United States, made it a crime to knowingly provide support to terrorist groups, increased the regulation of human biological pathogens that could be used in chemical weapons, increased the penalties for acts of foreign and domestic terrorism, required plastic explosives to include taggants, and provided $1 billion over four years for enhanced local and federal anti-terrorism measures. The bill also includes habeas corpus reform that would limit death row appeals by state and federal inmates. [CQ Floor Votes, 4/18/96] The bill passed 293-133. [S 735, Vote #126, 4/18/96] Supported Similar Measure Also in 1996, Bilbray voted in favor of the House version of the anti-terror bill, which strengthened federal law enforcement officials’ ability to combat terrorism and limiting the number of habeas corpus appeals by death row prisoners to federal courts. [CQ Floor Votes, 3/14/96] The bill passed 229-191. [HR 2703, Vote #66, 3/14/96] 362 DCCC Bilbray Research Book Last Updated 2/29/12 Trade Issues Significant Findings Sponsored SAVE Act to Import Philippine Textiles Voted to Allow Government Contracts with Companies Shipping Jobs Overseas Mixed Record on Assisting Workers Hurt by Trade Bilbray has sponsored legislation that would allow for increased imports of textile fabrics from the Philippines. He has voted against efforts to prevent government contracts from being awarded to companies that ship American jobs overseas. Bilbray has a mixed record on assisting workers hurt by trade through the Trade Adjustment Assistant program, supporting Republican proposals to modify the program but voting against reauthorization in 2007. Sponsored SAVE Act to Create Textile Sector Jobs in Philippines In 2011, Bilbray sponsored the SAVE Act, which according to supporters “would allow Philippine made apparel using fabrics from the US to enter the US duty free.” [Digital Journal, 7/19/11] Voted to Allow Government Contracts with Companies Shipping American Jobs Overseas In January 2011, Bilbray voted against a motion that would bar government spending on contracts with companies determined to have outsourced American jobs abroad. The motion to recommit required the Rules Committee to report an amendment that would specify that, when the House Budget Committee chairman set a discretionary spending limit for the remainder of fiscal 2011, no spending would be allocated for a contract with a company the Labor secretary determined to have shipped jobs abroad. [CQ Today, 1/25/11] The motion failed, 184-242. [H Res 38, Vote #19, 1/25/11] Opposed Helping Workers Hurt by Trade In 2007, Bilbray voted against the reauthorization of the Trade Adjustment Assistance (TAA) programs for workers laid off due to the impact of foreign trade. The TAA program provides retraining and wage and health insurance subsidies to workers who lose their jobs as a result of increased imports or production shifts by foreign competitor. The bill expanded the program to include service workers and 363 DCCC Bilbray Research Book Last Updated 2/29/12 allowed for entire industries to be eligible as opposed to individual companies. [Congressional Quarterly Weekly, 11/04/07] The bill increased the health care tax credits for unemployed workers by 20 percent. It raised funding authority for training programs to $440 million and offset the cost of the program expansion by extending for three years the current payroll tax that funds unemployment benefits, and delaying for three years a tax break for companies that pay taxes overseas. [CQ Floor Votes, 10/31/07] The bill also increased from 60 days to 90 days the notification period required of companies in advance of plant closings or substantial layoffs. [Washington Post, 11/08/07] The bill passed 264-157. [HR 3920, Vote #1025, 10/31/07] Voted for Help for Workers Hurt by Trade Agreements In 2007, Bilbray voted for the substitute amendment offered by Jim McCrery (R-LA) to modify the Trade Adjustment Assistance (TAA) program for workers, firms and farmers for five years. The amendment cut the benefits outlined for the extension of the program only increasing the federal share of monthly TAA participant premiums for the Health Coverage Tax Credit by 5 percent. The substitute also allowed states to apply for waivers of unemployment compensation program rules and expanded the new markets tax credit to those impacted by trade and globalization job loss. [CQ Floor Votes, 10/31/07] The amendment also authorized up to $8,000 per worker for retraining, but Democrats pointed out that represented a cap because some states already provide more. [CQ Today, 10/31/07] The amendment was defeated 196-226. [HR 3920, Vote #1024, 10/31/07] Opposed Measure to Suspend Fast Track, Delay Columbia Trade Bill In 2008, Bilbray voted against a resolution that suspended “fast-track” requirements for consideration of HR 5724, which would implement a free trade agreement between the United States and Colombia. Adoption of the resolution (H Res 1092), indefinitely stalled further legislative action in the House on the trade pact’s implementing legislation countering President Bush’s effort to force a speedy vote on a measure opposed by many Democrats. Minority Leader Boehner, called the vote “an effort to kill the Colombia free-trade agreement.” Rep. McGovern, a member of the House Rules Committee, said the resolution was “a direct response to the arrogance of this president,” and Majority Leader Hoyer said passage of the resolution would give Congress “more time to discuss this with the administration.” Most Democrats opposed the trade agreement, saying the Colombian government had not taken sufficient steps to reduce violence against union members. Republicans countered that Colombia had worked hard to crack down on right-wing paramilitary groups blamed for much of the violence. [CQ Today, 4/10/08] 364 DCCC Bilbray Research Book Last Updated 2/29/12 The resolution passed, 224-195. [HR 1092, Vote #181, 4/10/08] Supported Trade with Peru In 2007, Bilbray voted for a trade agreement between the United States and Peru. The agreement reduced most tariffs and duties affecting trade between the two countries, increased protections for intellectual property and required Peru to take steps to strengthen its labor and environmental enforcement standards. [CQ Floor Votes, 11/08/07] Under the agreement, 80 percent of U.S. exports of consumer and industrial goods to Peru would enter duty-free immediately. [CQ Today, 11/08/07] The bill passed 285-132. [HR 3688, Vote #1060, 11/08/07] Voted to Extend Duty Free Products from Bolivia, Colombia, Ecuador and Peru In 2007, Bilbray voted in favor of legislation extending the duty-free treatment of certain products from Bolivia, Colombia, Ecuador and Peru until February 2008. [CQ Floor Votes, 6/27/07] The legislation passed 365 – 59. [HR 1830, Vote #583, 6/27/07] Frequently Supported Trade with China Bilbray has consistently voted in favor of trade with China. 2000: Bilbray voted against a joint resolution disapproving of the President’s decision to provide normal trade relations for items produced in China from the period July 2000 through July 2001. The resolution was defeated 147-281. [CQ Floor Votes, 7/18/00; HJR 103, Vote #405, 7/18/00] 2000: Bilbray voted against a motion to instruct the House Ways and Means and International Relations committees to add to a China trade bill language revoking China’s permanent normal trade relations status if China invades, blockades or attacks Taiwan. The motion was rejected 176-258. [CQ Floor Votes, 5/24/00; HR 4444, Vote #227, 5/24/00] 1998: Bilbray voted against a resolution to deny the president’s request to provide ‘normal trade relations’ (formerly known as ‘most-favored-nation’ or MFN trade status) for items produced in China for the period July 1998 through July 1999. The resolution was defeated 166-264. [CQ Floor Votes, 7/22/98; HJR 121, Vote #317, 7/22/98] Supported Free Trade with Africa In 2000, Bilbray voted in favor of a bill to extend certain tariff benefits to nations of the Caribbean, Central America and sub-Saharan Africa. [CQ Floor Votes, 5/04/00] 365 DCCC Bilbray Research Book Last Updated 2/29/12 The bill eliminates tariffs for garments made in struggling nations, making it easier for them to reach American stores, and threatening jobs in the United States’ garment industry. Labor unions, human rights groups, small garment companies, traditional Democrats and some Republicans came together to fight the bill. Ann Hoffman, president of UNITE, the garment worker’s union, called the bill “a disgrace,” saying that the bill gives foreign countries “free access to our market, and in return they do nothing.” [Washington Post, 5/05/00] Hoffman claimed that the bill was “a major threat to the jobs of hundreds of thousands of garment workers in the United States.” The bill passed on a vote of 309-110. [HR 434, Vote #145, 5/04/00] Opposed Steel Tariffs In 1999, Bilbray voted against legislation to require the President to impose quotas, tariff surcharges, or negotiated enforceable voluntary export restraint agreements within 60 days to ensure that monthly steel imports do not exceed the average volume that was imported monthly from July 1994 through June 1997. The provisions of the bill would last for three years. [CQ Floor Votes, 3/17/99] The bill passed 289-141. [HR 975, Vote #56, 3/17/99] 366 DCCC Bilbray Research Book Last Updated 2/29/12 Transportation Issues Significant Findings Supported Transit Funding as Supervisor Voted against Amtrak, Transportation Voted Against More Airport Screeners Bilbray supported more state and local funding of transit projects as a County Supervisor, but as a member of Congress he has cast votes to cut funding for Amtrak and other transportation projects. As a Supervisor, Bilbray wanted greater emphasis on transit and smog-reducing projects, not just streets and highways. In 2007, Bilbray cast a vote against additional funding for airport screeners. Supported More State Funding of Local Needs as Supervisor In January 1985, Bilbray said the only way to address local revenue needs is through active lobbying at the state level. “Lord knows there are enough lobbyists up there representing everybody else,” said Bilbray. He said he supported more state finance for maintenance of roads and buildings. [San Diego UnionTribune, 1/02/85] Backed Plan for More Transit Funding In January 1993, Bilbray proposed a transportation plan to the San Diego Association of Governments that would focus on transit and smog-reducing projects. He opposed a competing proposal that focused more on streets and highways. Bilbray’s plan was rejected by an 18 to 1 vote. [San Diego Union-Tribune, 1/23/93] Opposed Amtrak Reauthorization In 2008, Bilbray voted against a bill that would authorize $14.4 billion for Amtrak and other rail investments through fiscal year 2013. The bill passed 311-104. [HR 6003, Vote #400, 6/11/08] A Record of Voting to Cut Amtrak Bilbray has voted on a number of occasions to vote funding for Amtrak. Voted to Cut Amtrak Route from Los Angeles to New Orleans 367 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted in favor of an amendment to a bill that would authorize $14.4 billion for Amtrak and other rail investments through fiscal year 2013. The amendment would have prohibited Amtrak from spending money on the Sunset Limited, which runs between Los Angeles and New Orleans. [CQ Today, 6/11/08] The amendment failed 150-275. [HR 6003, Vote #397, 6/11/08] Voted to Cut Amtrak Funds by $425 Million In 2007, Bilbray voted in favor of an amendment to the fiscal year 2009 appropriations bill for the Department of Housing and Urban Development that would have cut the amount provided for Amtrak capital and debt service grants by $425 million. [CQ Floor Votes, 7/24/07] The amendment was defeated 104-312. [HR 3074, Vote #694, 7/24/07] Voted to Cut Amtrak Funding In 2007, Bilbray voted in favor of an amendment to the fiscal year 2009 appropriations bill for the Department of Housing and Urban Development that would have cut $475 million from Amtrak capital. The amendment would have eliminated $475 million in the bill that for operating subsidy grants for Amtrak. It also would have struck language directing Amtrak to adhere to a number of business practices, including requiring the submission of certain reports and a comprehensive business plan and prohibiting the use of funds to support routes on which Amtrak offers discounts of more than 50 percent off normal peak fare. [CQ Floor Votes, 7/24/07] The amendment was defeated 94-328. [HR 3074, Vote #693, 7/24/07] Voted to Block Funding for More Airport Screeners In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that would bar the use of funds in the bill to recruit or hire more than 45,000 full-time equivalent airport screeners. [CQ Floor Votes, 6/15/07] As of March 2007, there were 45,000 fulltime airport screeners. [CBS News, 3/06/07] The amendment was defeated 168-255. [HR 2638, Vote #481, 6/15/07] Voted Against Investments in Infrastructure and Housing In 2010, Bilbray voted against passage of the Transportation and Housing and Urban Development spending bill, providing $126 billion for transportation and housing programs in fiscal 2011. 368 DCCC Bilbray Research Book Last Updated 2/29/12 Democrats highlighted the bill’s job creation potential through investments in infrastructure and applauded the total size of the bill for its restrained spending, approximately $800 million less than the previous year. The bill provided a total of $79.4 billion for the Transportation Department operations (both discretionary and non-discretionary funding), including $45.2 billion for highway programs, $11.3 for transit programs, $16.5 billion for the Federal Aviation Administration, and $1.4 billion for high-speed rail grants. The included $200 million to the HOPE VI program, providing grants to rehabilitate distressed public housing, and a seven percent increase in Section 8 rental vouchers for low-income tenants. The measure provided $1.4 billion for high-speed passenger rail projects, $11.3 billion for mass transit and $45.2 billion for highways. [CQ Today, 7/29/10; CQ House Action Reports, 7/30/10] The bill passed, 251-167. [HR 5850, Vote #499, 7/29/10] Supported $53 Billion in Funding for Federal Aviation Administration In 2010, Bilbray voted for authorizing a $53.5 billion budget through fiscal year 2012 for the Federal Aviation Administration. The bill required airlines and airports to develop contingency plans for stranded passengers and would establish a new labor dispute system for air traffic controllers. The bill would require commercial pilots to obtain a license requiring 1,500 flight hours. [CQ Bill Analysis] According to Chairman James L. Oberstar, the bill provided “historic” investment levels including $12.3 billion for the Airport Improvement Program; $10.1 billion for FAA facilities and equipment; $30.3 billion for FAA operations; and $685.4 million for research, engineering, and development. [House Committee on Transportation and Infrastructure release, State News Service, 3/25/10] The bill passed, 276-145. [HR 1586, Vote #190, 3/25/10] Opposed Highway Bridge Safety Bill In 2008, Bilbray voted against a bill that would authorize funding for bridge repairs and inspection. The bill would authorize $1 billion to improve repair work on the nation’s bridges and to restructure how the federal government monitors them. [CQ Today, 7/28/08] The bill was introduced in response to the August 2007 collapse of the I-35 bridge over the Mississippi River in which 13 people died and more than 100 were injured. [CQ Today, 7/28/08] The bill passed 367-55. [HR 3999, Vote #530, 7/24/08] Supported Public Transportation Grants In 2008, Bilbray voted for a bill that would authorize $1.7 billion for grants in fiscal 2008 and 2009 for transit agencies that reduce fares or expand public transportation services, as well as an additional $750 369 DCCC Bilbray Research Book Last Updated 2/29/12 million each year for urbanized area formula grants and $100 million per year for formula grants to rural areas. The bill would authorize $1.7 billion in grants over two years to local transit agencies to expand services and subsidize fares for federal employees. [CQ Today, 6/26/08] The bill passed 322-98. [HR 6052, Vote # 467, 6/26/08] Voted to Delay Visa Requirements In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that that would bar the use of funds in the bill to implement the travel document requirements under the Western Hemisphere Travel Initiative until June 1, 2009. [CQ Floor Votes, 6/15/07] The Western Hemisphere Travel Initiative will require all U.S. citizens, Canadians, citizens of the British Overseas Territory of Bermuda, and citizens of Mexico to have a passport or other accepted secure document to enter or re-enter the U.S. by January 1, 2008. [Department of State Press Release, 4/05/05] The bill passed 379-45. [HR 2638, Vote #483, 6/15/07] Supported Increase in Funding for Secure Driver’s Licenses In 2007, Bilbray voted for an amendment to the fiscal year 2008 Department of Homeland Security appropriations bill that would add $150 million for grants to assist states to meet requirements under a 2005 law for secure driver’s licenses and identification cards. The increased funding was offset by a reduction for the Coast Guard Deepwater ship and aircraft modernization program by the same amount. [CQ Floor Votes, 6/15/07] The amendment was defeated 155-268. [HR 2638, Vote #479, 6/15/07] Opposed Blocking Increased Foreign Control over Airlines In 2006, Bilbray voted against an amendment to the FY 07 Treasury, Transportation and Housing appropriations bill that blocks a proposed Administration regulation regarding control of a US airline by foreign investors. Currently, at least 75 percent of a U.S. airline must be owned by U.S. citizens, two-thirds of the members of an airline’s board must be citizens, and the airline must be under the “actual control” of U.S. citizens. The House amendment blocked a Bush Administration attempt to change the interpretation of “actual control” to allow foreign investors to have greater authority over the business dealings of a U.S. domestic airline, such as fares, routes, and the cities served by the airline. [CQ House Action Reports, 6/15/06] The amendment passed 291-137. [HR5576, Vote #283, 6/14/06] 370 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Millions in Rail Capital Improvements In 2006, Bilbray voted against an amendment to the FY 07 Treasury, Transportation and Housing appropriations bill that would have provided $30 million for the Capital Grants Rail Line Relocation and Improvement Program. The Capital Grants Rail Line program is a federal grants program that would invest in rail infrastructure by addressing congestion, safety, and quality of life issues, including the building of railroad underpasses and the creation of quiet zones. [Rep. Lipinski Press Release, 6/14/06] The amendment failed 209-216. [HR5576, Vote #274, 6/14/06] 371 DCCC Bilbray Research Book Last Updated 2/29/12 Veterans’ Issues Significant Findings Voted to Make Benefits for Veterans Harder to Get History of Voting Against Increased Funding for Veterans Bilbray has voted to make benefits for seniors and veterans harder to get, while also voting against budgets that contained increases in funding for veterans’ programs. His votes include opposing budgets praised by the Veterans of Foreign Wars and the American Legion for their commitment to caring for wounded warriors. Voted Against Millions in Additional Funding for Suicide Prevention and PTSD for Veterans In 2011, Bilbray voted against a motion which would have provided an additional $20 million for veterans’ medical service to help with post-traumatic stress disorder and suicide prevention. According to the Watertown Daily Times, “Rep. Bill Owens offered an amendment to a military appropriations bill in the House of Representatives that would increase spending on veterans’ mental health services by $20 million.” The $20 million would be put towards better advertising the suicide prevention assistance and services offered to veterans. [Watertown Daily Times, 6/14/11; CQ Floor Vote, 6/14/11] The motion failed 184-234. [HR 2055, Vote #417, 6/14/11] Voted to Make Benefits for Seniors and Veterans Harder to Get In 2011, Bilbray voted for an amendment that would make it harder for low-income veterans and Social Security recipients to retain counsel in a civil action against the United States, like when fighting for benefits. The Lummis amendment imposed a seven-month moratorium on all legal fees paid under the Equal Access to Justice Act, a Reagan-era law designed to help people afford an attorney while suing the government. “We’re in the middle of two wars right now and to make it harder for a veteran — fighting for his benefits — to have an attorney is a horrible thing. That’s not what this country is about,” Robert Chishold, a prominent veterans’ law attorney said. [Politico, 2/23/11] The amendment passed, 232-197. [HR 1, Lummis amendment #195, Vote #85, 2/17/11] 372 DCCC Bilbray Research Book Last Updated 2/29/12 Opposed Budget that Increased Veterans’ Funding by $3.7 Billion In 2008, Bilbray voted against a conference report that would establish the congressional budget for fiscal year 2009. The report would call for $3.1 trillion in spending in fiscal year 2009 and federal revenue totaling $2.7 trillion. The spending allowed for up to $1 trillion in discretionary spending for the fiscal year, plus $70 billion for the wars in Iraq and Afghanistan. [Congressional Quarterly] The bill would project a $22 billion budget surplus by fiscal year 2012. Democrats argued that it would also allow the budget to remain in balance in 2013 using estimates from the Congressional Budget Office. [CQ Today, 6/05/08; “Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] Republicans argued that the conference report for the budget was the largest tax increase in history, saying that the budget would increase taxes by at least $638 billion over the next five years. [“The Largest Tax Increase in History, However They Slice It,” Republican Caucus, The Committee on the Budget, 6/04/08] Specifically, the budget would increase veterans’ funding for 2009 by 3.7 billion, or 8.2 percent, above existing services. Democrats argued that this would be enough to allow the Veterans Administration to treat 5.8 million patients in 2009, including 333,275 Iraq and Afghanistan war veterans. [“Summary of the 2009 Budget Conference Agreement,” House Committee on the Budget, 6/04/08] The conference report passed 214-210. [S Con Res 70, Vote #382, 6/05/08] Opposed Fiscally Responsible FY 2009 Budget with $48.1 Billion for Veterans’ Services In 2008, Bilbray voted against a budget resolution that would establish the congressional budget for FY 2009. The resolution would call for expenditures of $3.1 trillion and would allow up to $1 trillion in discretionary spending, plus $70 billion for the wars in Iraq and Afghanistan and $5.8 billion for hurricane recovery. [CQ Floor Votes, 3/13/08; CQ Markup and Vote Coverage, 3/11/08] The bill would also include $48.1 billion in funding for veterans’ benefits and services. The bill passed 212-207. [H Con Res 312, Vote #141, 3/13/08] Opposed Budget That Included Record Increase for Veterans In 2007, Bilbray voted against the fiscal year 2008 budget conference report that began to reverse six years of Republican fiscal mismanagement, provided for middle-class tax relief and would return the budget to balance – reaching a surplus of $41 billion in 2012 – without raising taxes. [House Budget Committee, Overview of FY2008 Budget Conference Agreement, 5/16/07] The budget increased funding or veterans’ health care and services by $6.7 billion (18.3 percent) above the 2007 enacted level, and $3.6 billion above the President’s budget According to the Veterans of Foreign Wars, the budget represented a “historic $6.7 billion increase” over the previous year’s budget. [Veterans of Foreign Wars, Washington Weekly, 5/25/07] 373 DCCC Bilbray Research Book Last Updated 2/29/12 Meanwhile, the American Legion wrote, “The American Legion and its 2.8 million members applaud… the Fiscal Year 2008 Budget Resolution.” [American Legion] According to the Military Officers Association of America, “...the resolution makes a strong statement of Congress’s commitment to restoring national confidence that our wounded warriors will receive the kind of first-quality care and services that they have earned...” [Military Officers Association of America] The budget also saved veterans from paying increased fees totaling $355 million in 2008 and $2.3 billion over five years. The President’s budget imposed those new enrollment fees and increases co-payments on Priority 7 and 8 veterans. [House Budget Committee, Conference Agreement on the FY 2008 Budget Resolution: Building on the “Six for ‘06, 5/24/07] The budget passed 214-209. [SCR 21, Vote #377, 5/17/07] Opposed Historic Funding Increase for Veterans Programs In 2007, Bilbray voted against a budget that provided a $6.6 billion increase in funding for veterans programs. However, the Veterans of Foreign Wars applauded the budget, and the House and Senate leadership who were instrumental in the adoption of this historic increase. [VFW Washington Weekly, 4/02/07] These additional resources would cover increases in the costs of health care, the VA’s increasing patient load, including veterans of Iraq and Afghanistan, and help cover the cost of forthcoming recommendations to improve military and veterans’ health care facilities and treatment. [CQ House Action Reports, No. 110-4, 3/2707] The budget passed 216-210. [H. Con. Res. 99, Vote #212, 3/29/07] Opposed Funding Hike for Veterans’ Travel Expenses Paid for with Cuts in VA Hospital Care In 2007, Bilbray voted against an amendment that would add $125 million for veterans’ travel expenses related to medical services, offset by a reduction for the Veterans Affairs Department general operating expenses by the same amount. Democrats largely opposed the amendment because it would actually be paid by cuts to staffing at VA Hospitals. “The source of this money wouldn’t be cutting out the Washington, D.C., office staff,” Congressman Chet Edwards (D-TX) told the amendment’s sponsor, Congressman Jerry Moran (R-KS). “It would be cutting out employees that are serving vital roles in our veterans hospitals in the gentleman’s home State as well as mine.” [Congressional Record, 6/15/07; Page H6546] The amendment passed 264-152. [HR 2642, Vote #495, 6/15/07] Opposed Increased Funding for Veterans’ Medical Services 374 DCCC Bilbray Research Book Last Updated 2/29/12 In 2007, Bilbray voted against an amendment to the fiscal year 2008 appropriations bill for the Department of Veterans Affairs that would increase funding for veterans’ medical services by $22 million. It also would reduce by $50 million funding for the 1990 military base closure account. Democrats argued that the underlying appropriations bill already provided a historic increase in funding for veterans’ medical care by $6.7 billion above 2007 and $3.8 billion over the President’s request. [Congressional Record, 6/15/07, Page: 6538] The amendment was defeated 154-260. [HR 2642, Vote #494, 6/15/07] Opposed Veterans Health Care Funds In 2007, Bilbray voted against legislation that provided critical funding for veterans health care, including funds to enhance medical services for active duty forces, mobilized personnel and their family members and $1.7 billion for veterans’ health care priorities including maintenance at VA health care facilities like Walter Reed. The measure included: $550 million to address the maintenance backlog at VA health care facilities to prevent situations similar to those at Walter Reed; $250 million for medical administration to ensure sufficient personnel to address the rising number of veterans and to maintain a high level of service; $229 million for treating the growing number of veterans; $100 million to allow the VA to contract with private mental healthcare providers to offer veterans, including Guard and reserve members, quality and timely care; and, $62 million to speed claims processing for returning veterans. [CQ House Action Reports, No. 110-3, 3/20/07] The measure passed 218-212. [HR 1591, Vote #186, 3/23/07] Held Veteran’s Career Fair In 2011, Bilbray held a Veteran’s Career and Resource Fair on June 17, 2011. Bilbray partnered with North County Career Centers, Employment Development Department and the Escondido Library, the event featured over 25 employers. [North County Times, 6/11/11] Voted to Help Veterans Receive Small Business Grants 375 DCCC Bilbray Research Book Last Updated 2/29/12 In 2008, Bilbray voted in favor of an amendment to the Small Business Act to provide greater access for service-disabled veteran-owned small businesses to take advantage of the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program. [CQ Floor Votes, 4/23/08] The amendment was adopted 405-0. [HR 5819 Vote #214, 4/23/08] Voted to Expand Eligibility for Veterans Vocational Rehabilitation In 2007, Bilbray voted in favor of legislation to expand eligibility for vocational rehabilitation benefits administered by the Secretary of Veterans Affairs. The bill expanded vocational rehab services to current members of the armed forces who are hospitalized or are receiving outpatient medical care, have a disability of at least 10 percent incurred or aggravated while on active duty, and who are likely to be discharged from the service due to that disability. [CQ Floor Votes, 5/23/07] The bill passed 414-0. [HR 2239, Vote #414, 5/23/07] Supported New Research for Traumatic Brain Injuries In 2007, Bilbray voted in favor of legislation to direct the Secretary of Veterans Affairs to provide certain improvements in the treatment of individuals with traumatic brain injuries. The bill authorized new research centers for traumatic brain injuries and require the establishment of a comprehensive program to treat traumatic brain injuries at Veterans Affairs Department health centers. [CQ Floor Votes, 5/23/07] The bill passed 421-0. [HR 2199, Vote #413, 5/23/07] Supported Cost-of-Living Increases for Veterans In 1998, Bilbray voted in favor of legislation to provide a cost-of-living adjustment in rates of compensation paid to veterans with service-connected disabilities. The bill also made various improvements in education, housing, and cemetery programs of the Department of Veterans Affairs. [CQ Floor Votes, 10/10/98] The bill passed 423-0 and was signed into law. [HR 4110; Vote #515, 10/10/98; Public Law No: 105-368] Supported COLA Increase for Disabled Vets In 1999, Bilbray voted in favor of a bill to provide a cost-of-living adjustment in rates of compensation paid for service-connected disabilities, to enhance the compensation, memorial affairs, and housing programs of the Department of Veterans Affairs. 376 DCCC Bilbray Research Book Last Updated 2/29/12 The bill’s COLA increase for veterans’ disability benefits was equal to that given to Social Security recipients. [CQ Bill Analysis, 2280] The bill passed 424-0 and was signed into law. [HR 2280, Vote #257, 6/29/99; Became Public Law No: 106-118] Supported Expanding “Senior Prime” Veterans Health Care Program In 2000, Bilbray voted in favor of an amendment to expand and make permanent an existing Defense Department health care program. The Senior Prime program would be available to all Medicare-eligible military retirees and their dependents by Jan. 1, 2006, allowing military retirees over age 65 to obtain health care at military hospitals and clinics, with Medicare reimbursing the Defense Department for 95 percent of the cost. [CQ Floor Votes, 5/18/00; CQ Weekly, 5/20/00] The amendment passed 406-10. [HR 4205, Vote #207, 5/18/00] Supported Giving Veterans Preference for Housing Assistance under HOPE VI In 2008, Bilbray voted in favor of a motion to recommit from Rep Sam Graves (R-MO) for the HOPE VI bill that instructed the Financial Services Committee to include language to give veterans with at least 90 days of service who were released or discharged honorably an increased in priority for consideration under the housing assistance program. [Congress Now, 1/17/08] The motion was approved 372-28. [HR3524, Vote #17, 1/17/08] Supported Additional Health Care to Purple Heart Recipients In 1999, Bilbray voted in favor of a bill to provide Purple Heart recipients the same priority as Prisoners of War (POWs) and expand health care eligibility for other veterans. The bill established a co-payment for certain services and required the federal government to give the VA a proportional amount of any funds recovered for the treatment of tobacco- related illnesses and extended the VA’s authority to provide grants to assist homeless veterans. In addition, the bill: Extended care services for veterans; Granted higher priority access to VA medical services for military retirees; Authorized a pilot program for health care for dependents of veterans; Expanded the VA’s authority to lease unneeded property, authorizes compensation and health care services to veterans who suffer disability or death due to participation in the work therapy program; 377 DCCC Bilbray Research Book Last Updated 2/29/12 Extended the VA’s authority to provide counseling to sexual trauma victims and Vietnam-era veterans; Required the VA to develop a policy that could potentially lead to full integration of chiropractic care in the VA health care system. [CQ Today, 9/21/99] The bill passed 369-46 and was signed into law. [HR 2116, Vote #427, 9/21/99; Public Law No: 106-117] Supported Disabled Veterans Memorial In 1999, Bilbray voted in favor of a bill authorizing the Disabled Veterans’ LIFE Memorial Foundation to establish a memorial in the District of Columbia to honor veterans who became disabled while serving in the Armed Forces of the United States. [CQ Floor Votes, 5/03/00] The bill passed 421-0 and was signed into law. [HR 1509, Vote #136, 5/03/00; Public Law No: 106-348] Supported Tightening Burial Requirements at Arlington In 1998, Bilbray voted in favor of a bill that would clarify who is entitled to burial at Arlington National Cemetery. The bill resulted from allegations the previous year that the Clinton administration approved burials for large campaign donors. Under the bill, members of the armed forces who die on active duty and retired service personnel would be eligible, along with the president and former presidents. [Associated Press, 3/05/98] The bill passed 412-0 but died in the Senate. [HR 3211, Vote #65, 3/24/98] Supported Similar Bill in 1999 In 1999, Bilbray voted in favor of a similar bill providing that burial at Arlington would be limited to members of the Armed Forces who died on active duty, military retirees, recipients of the Medal of Honor and other top awards, former prisoners of war and the president and former presidents. It would eliminate the need for a waiver for a spouse and immediate family to be buried together with an eligible veteran. The bill would also end presidential waivers, but would allow Congress to grant individual waivers on a case-by-case basis. [Associated Press, 3/23/99] The bill passed 428-2 but died in the Senate. [HR 70, Vote #61, 3/23/99] Supported Bill to Improve Veterans’ Healthcare In 1996, Bilbray voted in favor of a bill to authorize the Veterans Administration, within its annual appropriations limit, to provide all necessary hospital care and medical services to eligible veterans. 378 DCCC Bilbray Research Book Last Updated 2/29/12 The bill substituted a new single uniform eligibility standard to ensure that medical judgment, rather than legal criteria determines when care will be provided and at what level it will be furnished. [CQ Floor Votes, 7/30/96] The bill passed 416-0 and was signed into law. [HR 3118; Vote #371, 7/30/96; Public Law No: 104-262] Supported Restoring VA Health Care Cuts In March 1995, Bilbray voted in favor of a measure to restore $206 million in cuts from veterans’ health programs. Republicans had attached an amendment to the restoration of funding that eliminated all funding for AmeriCorps. [CQ Floor Votes, 3/15/95] Representative Bob Filner (D-California), who voted for the measure, blasted the GOP’s tactics. “There is obviously a new game being played in Washington. It is called bait and switch . . . The rules are simple. Propose massive and irresponsible budget cuts, and then two weeks later . . . claim you are fighting to restore the very cuts you initiated,” Filner said. “We should not be having choices between our veterans and opportunities for our young people.” The amendment restoring VA health care funding passed 382-23. [HR 1158, Young amendment, Vote #239, 3/15/95; Newsday, 3/17/95] Supported Funding for Veterans Programs Bilbray has voted for funding for veterans programs in the following votes: 1999: Bilbray voted in favor of the House’s version of the appropriations bill for the Department of Veterans Affairs. The bill passed 235-187. [CQ Floor Votes, 9/09/99; HR 2684, Vote #403, 9/09/99] 1998: Bilbray voted in favor of an appropriations bill to provide $71.3 billion in discretionary spending to the Veterans Affairs and Housing and Urban Development departments and 17 independent agencies. The bill passed 259-164. [CQ Floor Votes, 7/29/98; HR 4194, Vote #352, 7/29/98] 1995: Bilbray voted in favor of the appropriations bill for the Departments of Veterans Affairs and Housing and Urban Development. The bill cut spending from the previous year by $9.3 billion. The bill passed 227-190. [CQ Floor Votes, 12/07/95; HR 2099, Vote #844, 12/07/95] Voted to Increase Housing for Homeless Disabled Veterans by Cutting Affordable Housing Funds In 2007, Bilbray voted in favor of an amendment to provide rental assistance for tens of thousands of disabled homeless American veterans and their families. The amendment would have directed the Affordable Housing fund to provide housing assistance for supported rental housing for disabled homeless veterans. 379 DCCC Bilbray Research Book Last Updated 2/29/12 The $500 million in annual funds would have replaced the housing fund proposed in the underlying bill, which Republicans derided as a “slush fund” and “yet another federal housing program to be financed by a brand new mortgage tax on hard-working families.” [Congressional Quarterly Today, 5/22/07; Rep. Tom Feeney press release, 5/17/07] The amendment was defeated 174-246. [HR 1427, Vote #386, 5/22/07] 380 DCCC Bilbray Research Book Last Updated 2/29/12 Women’s Issues Significant Findings Opposed Preventing Workplace Wage Discrimination Mixed Record on Workplace, Educational Equity Bilbray has consistently opposed efforts to prevent wage discrimination and paycheck equity. He voted against efforts to prevent wage discrimination after the 2007 Supreme Court decision Ledbetter v. Goodyear Tire and Rubber Co. Bilbray’s voting record is more mixed on other issues important to women. He voted to reauthorize the Women’s Educational Equity Act, but voted against efforts to promote vocational training for women. Opposed Lilly Ledbetter Fair Pay Act to Prevent Wage Discrimination In 2009, Bilbray voted against the Lilly Ledbetter Fair Pay Act. The Senate measure was nearly identical to some provisions in the House passed version HR 11. The final bill allowed employees to sue employers for wage discrimination within 180 days of their last paycheck affected by the alleged discrimination. The measure was designed to overturn a 2007 Supreme Court decision (Ledbetter v. Goodyear Tire and Rubber Co.) that ruled a worker could not bring a wage discrimination suit more than 180 days after the initial discriminatory act. The Senate version of the bill did not include a provision from HR 12 that would have required employers seeking to justify unequal pay for male and female workers to prove that such disparities are job-related and required by a business necessity. [CQ House Action Reports Legislative Week, 1/26/09] The bill passed 250-177. [S 181, Vote #37, 1/27/09] Opposed Paycheck Equity In 2008, Bilbray voted against a bill that would lift the cap on compensatory and punitive damages that women may be awarded in wage discrimination cases. The bill would also require employers who contended that pay discrepancies did not result from discrimination to give an actual business reason for why female employees were paid less than their male counterparts. [CQ Today¸7/31/08] Democrats argued that the bill would close some loopholes for pay discrimination. “The current system is rife with loopholes that allowed employers to avoid responsibility for discriminatory pay scales,” Representative Rosa DeLauro (D-CT) said. [CQ Today¸7/31/08] 381 DCCC Bilbray Research Book Last Updated 2/29/12 Republicans criticized the legislation, saying that it would be fodder for frivolous lawsuits. “This bill will make it easier for trial lawyers to cash in, and taxpayers should be outraged that their money is being put to such use,” Representative Virginia Foxx (R-NC) said. [CQ Today¸7/31/08] The bill passed 247-178. [HR 1338, Vote #556, 7/31/08] Opposed Bill to Prevent Wage Discrimination In 2007, Bilbray voted against a bill to protect the victims of wage discrimination. The bill amended the 1964 Civil Rights Act to allow employees to file charges of pay discrimination within 180 days of the last received paycheck affected by the alleged discriminatory decision. It also clarified that an employee is entitled to up to two years of back-pay if it is determined that discrimination occurred. [Congressional Quarterly] The legislation was introduced in response to a May 29, 2007 Supreme Court ruling, Ledbetter v. Goodyear Tire and Rubber Co., a 5-4 ruling decried by civil rights activists. According to the ruling, workers filing suit for wage discrimination must do so within 180 days of the actual decision to discriminate against them. That blocked efforts to win redress for discrimination that unfolded in small steps over a period of years. [CQ Today, 7/31/07] The bill passed 225-199. [HR 2831, Vote #768, 7/31/07] Voted to Limit Affirmative Action In 2007, Bilbray voted in favor of an amendment the fiscal year 2008 defense appropriations bill to bar the use of funds in the bill to award a grant or contract based on the race, ethnicity or gender of the grant applicant or prospective contractor. [CQ Floor Votes, 8/05/07] The amendment was defeated 126-284. [HR 3222, Vote #841, 8/05/07] Mixed Record on Workplace, Educational Equity for Women Bilbray has a mixed record on supporting workplace and educational equity for women and girls. Voted to Reauthorize Women’s Educational Equity Act… In 1999, Bilbray voted in favor of legislation to reauthorize the Women’s Educational Equity Act. The bill authorized $5 million for the Women’s Educational Equity Act program. [CQ Floor Votes, 10/20/99] The bill passed 311-111. [HR 2, Vote #519, 10/20/99] 382 DCCC Bilbray Research Book Last Updated 2/29/12 … And Supported Women’s Business Program In 1999, Bilbray voted in favor of legislation to increase the authorization for the Women’s Business Center Program from $8 million to $11 million. [CQ Floor Votes, 3/16/99] The bill passed 385-23. [HR 774, Vote #51, 3/16/99] … But Opposed Amendment Protecting Vocational Education Programs for Women In July 1997, Bilbray voted against an amendment to a bill extending the authorizing for federal vocational education funding (HR 1853), that would preserve a provision in existing law requiring states to spend at least 10.5 percent of their funds on programs for displaced homemakers, single parents, and single pregnant women, and on programs to promote gender equity and nontraditional training for girls and women. The amendment would also retain the requirement that each state have a vocational education sex equity coordinator to help assure that the needs of girls and women are being served in vocational education programs. [CQ Floor Votes, 7/22/97; CQ Bill Analysis, HR 1853] The amendment failed 207-214. [HR 1853, Vote #286, 7/22/97] Bilbray voted in favor of the bill, which passed 414-12. The following year, the final version of the bill passed by voice vote and was signed into law. [CQ Floor Votes, 7/22/97; HR 1853, Vote #289, 7/22/97; Signed by President, 10/31/98] … And Opposed Vocational Training for Women In 1997, Bilbray voted against a motion calling for a requirement that states and localities to spend a minimum of 10.5 percent of federal vocational education funds on programs that promote gender equity and assist displaced homemakers, single parents and single pregnant women. [CQ Weekly, 7/26/97] The motion was defeated 207-220. [HR 1853, Vote #288, 7/22/97] Bilbray voted against a similar amendment earlier the same day. [CQ Floor Votes, 7/22/97] The amendment was defeated 207-214. [HR 1853, Vote #286, 7/22/97] Voted Against Equity in Education for Women In 1996, Bilbray voted against an amendment to increase funding for the Women’s Educational Equity Act by $2 million and decrease by an equal amount the $319 million in funding for educational research. [CQ Floor Votes, 7/11/96] The amendment passed, 294-129. [HR 3755, Vote #304, 7/11/96] Mixed Record on Legal Services Corporation 383 DCCC Bilbray Research Book Last Updated 2/29/12 The Legal Services Corporation (LSC) is a private, non-profit corporation established by Congress in 1974 to seek to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it. LSC was created with bipartisan congressional sponsorship and the support of the Nixon administration, and is funded through congressional appropriation. In 2005, LSC funded 140 local programs. Together they serve every county and congressional district in the nation, as well as the U.S. territories. Special service areas also address the distinctive needs of Native Americans and migrant farm workers. [Legal Services Corporation] LSC is frequently involved in cases involving domestic abuse. Bilbray has a mixed record of votes on funding for the Legal Services Corporation. Missed Vote to Increase Funding for Legal Services in 1999 In 1999, Bilbray missed a vote on an amendment to provide increased funding for the Legal Service Corporation, which provides legal representation for the poor, to $250 million from $109 million. The funding increase was offset by cuts including reducing funding for the Department of Justice Assets Forfeiture Fund, FBI salaries, and salaries and expenses of the Federal Prison System and the federal judiciary system. The amendment also increased funding for the Immigration and Naturalization Services’ violent crime reduction programs by $44 million, offset by an equal reduction for Immigration and Naturalization Service detention facilities. [CQ Floor Votes, 8/04/09] The amendment passed, 242-178. [HR 2670, Vote #370, 8/04/99] Was In Australia During Vote Bilbray took a trip to Australia in August 1999, the same time period of the missed vote. Bilbray later failed to properly report how the trip was paid for and was criticized for his mishandling of transparency during the 2000 campaign. [San Diego Union-Tribune, 10/03/00] Supported Increased Funding for Legal Services in 1998 In 1998, Bilbray voted for an amendment to increase funding for Legal Services Corporation from $141 million to $250 million. [CQ Floor Votes, 8/04/08] The amendment passed, 255-170. [HR 4276, Vote #381, 8/04/98] Supported Full Funding for Legal Services in 1997 384 DCCC Bilbray Research Book Last Updated 2/29/12 In 1997, Bilbray voted for an amendment to increase funding for the Legal Services Corporation from $141 million to $250 million. [CQ Floor Votes, 9/25/97] The amendment passed, 246-176. [HR 2267, Vote #449, 9/25/97] Supported Increased Contracting for Women and Minority-Owned Businesses In 2007, Bilbray voted for a bill to expand federal government contracting with minority and womenowned businesses. The bill would increase the federal government’s small-business procurement goal to 30 percent from 23 percent under current law as well as the goal for procurement for minority and women-owned businesses to 8 percent from 5 percent. The measure also limited the ability of federal agencies to bundle small projects into large contracts. The bill required the Small Business Administration to take steps to reduce erroneous entries in the government’s contractor registry. [CQ Floor Votes, 5/10/07] President Bush opposed the bill. [Statement of Administration Policy, 5/08/07] The bill passed 409-13. [HR 1873, Vote #323, 5/10/07] Opposed Assistance for Businesses Owned by Women, Minorities In 1998, Bilbray voted in favor of an amendment to end the Transportation Department’s program that sets a goal of providing at least 10 percent of transportation contracts to small businesses owned by women and minorities. The amendment would have replaced the program with a program encouraging affirmative action and discouraging preferential treatment in relation to government transportation contracts. [CQ Floor Votes, 4/01/98] The amendment was defeated 194-225. [HR 2400, Vote #93, 4/01/98] Voted to Increase Funds to Prevent Violence against Women In 2007, Bilbray voted in favor of an amendment to increase funding to protect women from domestic violence. The amendment provided an additional $14 million in the fiscal year 2008 Commerce-Justice-Science Appropriations bill for the Office on Violence Against Women Prevention and Prosecution Programs. The funding increase was offset by a reduction of the same amount from the Justice Department general administration salaries and expenses account. [CQ Floor Votes, 7/25/07] The amendment passed 412-18. [HR 3093, Vote #730, 7/25/07] 385 DCCC Bilbray Research Book Last Updated 2/29/12 Voted to Increase Funding for Violence Against Women Prevention In 2007, Bilbray voted in favor of an amendment to the fiscal year 2008 Commerce-Justice-Science Appropriations bill to increase the amount provided for the Office on Violence Against Women Prevention and Prosecution Programs. The amendment increased funding for Violence Against Women prevention programs by $10 million, offset by a reduction of the same amount for the National Science Foundation operations and award management program. [CQ Floor Votes, 7/25/07] The amendment passed 243-186. [HR 3093, Vote #727, 7/25/07] Supported Violence Against Women Act (VAWA) In 2000, Bilbray voted in favor of legislation to reauthorize the Violence Against Women Act and allocates $3.6 billion for programs including shelters, sexual assault prevention and education and training for judges for fiscal years 2001-2005. [CQ Floor Votes, 9/26/00] The bill passed 415-3. [HR 1248, Vote #491, 9/26/00] 386 DCCC Bilbray Research Book Last Updated 2/29/12 Appendix I – Paid Media Summary The following transcripts provide a brief overview of paid television ads ran for and against Bilbray in previous election cycles, primarily the 2006 special election that returned him to the House of Representatives. 2006 Special Election Bilbray Ads “Immigrants” Female Narrator: “Brian Bilbray.” Male Narrator: “As a mayor he defined federal bureaucrats by jumping on a bulldozer to stop millions of gallons of raw Tijuana sewage from polluting our beaches.” Female Narrator: “Brian Bilbray” Male Narrator: “As a congressman he added 1400 new border patrol agents to beef up border security. Today he’s leading the fight to stop amnesty for illegal immigrants.” Bilbray: “I’m Brian Bilbray and I approve this message. I am running for Congress because San Diego and America cannot wait another day to secure our borders.” [Bilbray Ad “Immigrants,” 4/21/06] “Clear Choice” Narrator: “Two candidates for Congress. One clear choice. Brian Bilbray opposes amnesty for illegal immigrants. Francine Busby supports amnesty. Her plan allows 11 million illegal aliens to stay here and adds up to 30 million in ten years. Francine Busby says children of illegal aliens get automatic citizenship. Brian Bilbray wrote the first bill to stop automatic citizenship. Bilbray: “I’m Brian Bilbray and I approve this message. I’m running for Congress because San Diego and America cannot wait another day to secure our borders.” [Bilbray Ad “Clear Choice,” 5/16/06] “Amnesty” Narrator: “Is making English American’s official language a ridiculous idea? Francine Busby thinks so.” 387 DCCC Bilbray Research Book Last Updated 2/29/12 Busby: “I said I’m gonna [sic] protest that vote because that’s a ridiculous thing for a Congress to be spending their time on.” Narrator: “And the Union-Tribune says Busby endorsed a bill that quote would legalize many of the twelve million illegal immigrants now believed to be living in the United States. That’s amnesty. Say no to amnesty. Don’t vote for Busby. “ Bilbray: “I’m Brian Bilbray and I approve this message. I’m running for Congress because I know we can do better.” [Bilbray Ad “Amnesty,” no date] “Home” Bilbray: “I was born at North Island Naval Air Station and San Diego County has always been my home. I don’t know about you but I wouldn’t live on any other place on Earth. Our great communities deserve great representation in Washington, but lately it’s been anything but that. Congress focuses on petty battles and ignores real issues, like the one at our border every day. I’m Brian Bilbray and I approve this message. I’m running for Congress because I know we can do better. Let’s start now. I’m Brian Bilbray and I approve this message. I am running for Congress because San Diego and America cannot wait another day to secure our borders.” [Bilbray Ad “Home,” no date] Busby Ads “Lobbying Plan” Narrator: “The Washington lobby machine isn’t just a corrupt few, it’s a whole system and it’s gone on far too long.” Busby: “Like you, I’m fed up with business as usual in Washington. I’m not a career politician and my touch ethics plan will clean house; no lobbyist funding trips, no gifts, no secret pork barrel spending, and no exceptions. Send me to Congress and I won’t just tweak our broken system. I’ll shut it down. I’m Francine Busby and I approve this message.” [Busby Ad “Lobbying Plan,” 3/05/06] “Clean Plan” Busby: “The special interests have used gifts and perks to take over Washington. The result: A prescription drug law the politicians designed to help the drug companies instead of seniors. A budget that includes billions in secret pork barrel spending. And no plan to stop illegal immigration. My clean house ethics plan means no gifts, no perks, no exceptions. My name is Francine Busby and I approve this message because I’ve had enough of busy as usual.” [Busy Ad “Clean Plan,” 3/10/06] “McCain” 388 DCCC Bilbray Research Book Last Updated 2/29/12 Busby: “It’s not about Republicans versus Democrats. I’m willing to work with anyone to get our country moving in the right direction. I support John McCain’s comprehensive bill to strengthen our border security but I spoke out against President Bush’s plans to put Dubai in charge of our ports. We have to fight corruption in both parties to make Washington work for you and not for the special interest. I’m Francine Busby and I approve this message.” [Busby Ad “McCain,” 3/24/06] “Opponents Money” Busby: “The Washington insiders are so desperate they’re using corrupt money from Duke Cunningham and Tom Delay to attack me because they know that I’m determined to bring real change to Washington. I’m Francine Busby and I approve this message. My ethics plan means no gifts, no lobbyist paid trips, no secret pork barrel spending, no exceptions. It’s time to end politics as usual. With your help, we can.” [Busby Ad “Opponents Money,” 4/06/06] “Teacher Removal” Andy Brown, Republican Cardiff School Board Member: “The television ads attacking Francine Busby are outrageous and untrue. Here are the facts. When the FBI notified the school board of the teacher in question Francine took action and he immediately was removed from the classroom. He never taught again.” Busby: “I’m Francine Busby and I approve this message because we need to show Washington politicians that we’re serious about ending politics as usual. With your support, we will.” [Busby Ad “Teacher Removal,” 4/22/06] “Fight” Busby: “Growing up working in my family’s Italian sausage business taught me a lot about serving others and to know bologna when I see it; like the idea that sending a lobbyist to Congress will change things. I’ll fight for tough immigration reform, lower gas prices, and a balanced budget. I’m Francine Busby and I approve this message because if you send a lobbyist to Washington, he’ll serve special interests. Send me and I’ll serve you.” [Busby Ad “Fight,” 5/18/06] “For Us” Narrator: “Had enough? Corruption in Congress, High gas prices, No action on illegal immigration, and negative ads paid for by special interests to elect one of their own, lobbyist Brian Bilbray? If you’ve had enough, send Francine Busby to Congress. “ 389 DCCC Bilbray Research Book Last Updated 2/29/12 Busby: “It’s time to fix our broken system so Congress works for us again; no exceptions, no excuses. If you want real change then send me to Congress. I’m Francine Busby and I approve this message.” [Busby Ad “For Us,” 6/01/06] “Big Oil” Narrator: “With gas prices soaring and record oil profits, whose side is lobbyist Bilbray on? In Congress Bilbray took nearly a hundred thousand dollars from oil companies and opposed rules to prevent price gauging. Then Bilbray became a lobbyist for a gas company under investigation for overcharging consumers. Francine Busby supports cracking down on price gauging and her tough ethics plan sweeps away the influence of big oil lobbyists.” Busby: “I’m Francine Busby and I approve this message.” [Busby Ad “Big Oil,” no date] DCCC Ads “Trash” Narrator: “Trash. Rubbish. A sleazy smear campaign. That’s how the Union-Tribune described the campaign Brian Bilbray supporters are running against Francine Busby. Now Bilbray is attacking her on immigration. But Busby opposes amnesty for illegal immigrants and supports tougher defense of our borders. And Brian Bilbray, he missed a vote to put a 1000 new border patrol agents on our borders. Why? He was on another special interest junket. Isn’t it time for a change? The Democratic Congressional Campaign Committee is responsible for the content of this advertisement.” [DCCC Ad “Trash,” 5/19/06] “Vote” Narrator: “If he gets back to Congress who will Brian Bilbray represent? Last time he was in Congress, Bilbray voted to give himself a pay raise. He voted to let lobbyists give gifts to members of Congress. He took a special interest paid trip to Australia, skipping 34 votes. And Bilbray lobbied for an energy company implicated in price gauging while taking over three hundred thousand dollars from energy interest. Brian Bilbray, such a good friend to lobbyists he became one himself. The Democratic Congressional Campaign Committee is responsible for the content of this advertising.” [DCCC Ad “Trash,” 5/19/06] “Same” Narrator: Do we really want more of the same in Congress? Brian Bilbray took over three hundred thousand dollars from energy interests. Then worked as a lobbyist on their behalf. He missed key votes to cut taxes and beef up the border patrol so he could take a special interest trip to Australia. And Bilbray has taken thousands of dollars from Duke Cunningham and his co conspirator in the bribery scandal. Isn’t 390 DCCC Bilbray Research Book Last Updated 2/29/12 it time for a change? The Democratic Congressional Campaign Committee is responsible for the content of this advertising. [DCCC Ad “Same,” 5/30/06] “Trip” Narrator: In 1999 Congressman Bilbray took a special interest paid trip to Australia. Kangaroo: Good day Mr. Bilbray Narrator: Bilbray skipped a whole week of work missing 34 votes. Kangaroo: The surfing’s great this time of year mate. Narrator: Bilbray even missed a key vote to give California families an average tax cut of $700 a year. Kangaroo: Pretty spiffy you can miss work to hang out with special interests aye? Narrator: Brian Bilbray, such a good friend to lobbyists he became one himself. Isn’t it time for a change? The Democratic Congressional Campaign Committee is responsible for the content in this advertisement. [DCCC Ad “Trip,” 9/8/06] “Lobbyist” Narrator: “The Washington shake-down, staring Brian Bilbray. In Congress, Bilbray strongly supported the maker of the drug ephedra. He lobbied against increased regulation of ephedra. Yet over 80 deaths were later associated with the drug. Turns out Bilbray took over fifty thousand dollars from the employees of the drug company. Then Brian Bilbray became a Washington lobbyist. So while he may not shake things up in Congress, he knows how to shake them down. The Democratic Congressional Campaign Committee is responsible for the content in this advertising.” [DCCC Ad “Lobbyist,” no date] “Revolving Door” Narrator: “The Washington revolving door staring Brian Bilbray. Bilbray goes to Congress. He took over $300,000 from energy interests, including from a company sued for price gauging in the California energy crisis. Then Bilbray left Congress and became a lobbyist for that same company’s interests. Now lobbyist Bilbray wants to go back to Congress with thousands in contributions from the big energy interest. Isn’t it time to close this revolving door? The Democratic Congressional Campaign Committee is responsible for the contents of this advertising.” [DCCC Ad “Lobbyist,” no date] NRCC Ads 391 DCCC Bilbray Research Book Last Updated 2/29/12 “Clear” Narrator: “For Congress the difference on taxes is clear. Brian Bilbray, a proven tax cutter. He’s against raising the gas tax and Bilbray is against the marriage penalty tax. And Francine Busby? Busby doesn’t think married people should pay the same taxes as single people. And in 2004 Busby said she’d raise the gas tax. That’s wrong. On taxes its clear. Brian Bilbray is on our side. The National Republican Congressional Committee is responsible for the content for this advertising.” [NRCC Ad “Clear,” no date] 2006 General Election Busby Ads “Change Courses” Narrator: “Three years ago George Bush declared victory. With no end in sight our soldiers are caught in the middle of a complicated civil war. More than 2700 American troops have made the ultimate sacrifice. And our generals say we cannot stay the course.” Busby: “I’m Francine Busby. I approve this message because we have a moral duty to change America’s course.” [Busby ad “Change Courses,” 10/28/06] “Enough” Narrator: “Haven’t we had enough? America has been plagued with Congressional corruption and arrogance. It is tearing our country apart. The list just keeps on going. And now Brian Bilbray is under Grand Jury investigation. We don’t need another Congressman in jail. This election isn’t about political parties. It’s about who you can trust.” Busby: “I’m Francine Busby. I approve this message because enough is enough.” [Busby ad “Enough,” 10/31/06] 2008 General Election Bilbray Ads “Do Better” Narrator: “Brian Bilbray has been a leading voice for ending our dependence on foreign oil and creating clean alternative energy even before it was cool. Bilbray went to Washington to end the culture of secrecy and corruption. He authored the Budget and Transparency Act, earning recognition from the Sunlight Foundation and government watch dog groups. Now Bilbray is fighting for taxpayers by demanding all financial rescue packages protect families and Main Street, not Wall Street CEOs. 392 DCCC Bilbray Research Book Last Updated 2/29/12 Bilbray: “I’m Brian Bilbray, and I approve this message. [Bilbray ad “Do Better,” 10/29/08] Leibham Ads “Both Do Nothing” Narrator: “What do Paris Hilton and Brian Bilbray have in common? Well, they both do nothing. Bilbray, nothing to fix our economy. Nothing to solve our energy crisis. Nothing to end the massive federal deficit or wasteful Washington spending. The choice for Congress? Nothing or change. Nick Leibham. New responsible leadership, for a change.” Leibham: “I’m Nick Leibham and I approve this message, because it’s time to do something and get America back on track.” [Leibham ad “Both Do Nothing,” 9/03/08] “Wall Street’s Million Dollar Man” Leibham: “I’m Nick Leibham and I approve this message, to bring responsible leadership to Washington, for a change.” Narrator: “Brian Bilbray denounced by a four-star general for abandoning our veterans.” Gen. Joe Hoar: “Congressman Bilbray, you should be ashamed.” Narrator: “But now we discover Bilbray has taken a million dollars from Wall Street banks in return for voting to deregulate the banking industry. San Diego families can no longer afford Brian Bilbray. Bilbray, you should be ashamed.” [Leibham ad “Wall Street’s Million Dollar Man,” 10/28/08] “Heroes” Gen. Joe Hoar: “I’m General Joe Hoar. I spent thirty-seven years in the Marine Corp. The men and women of our armed forces have always believed that they would be treated fairly because of their sacrifices. These American heroes deserve our gratitude. They deserve a G.I. Bill like our grandfather’s got. I was shocked to learn that my Congressman Brian Bilbray voted against the new G.I. Bill. Congressman Bilbray you should be ashamed.” Leibham: “I’m Nick Leibham and I approve this message, to put our veterans first.” [Leibham ad “Heroes,” 10/02/08] 393 DCCC Bilbray Research Book Last Updated 2/29/12 Appendix II – Campaign Finance Items of Interest Significant Percent of Contributions from PACs Received $728,970 from Leadership PACs Bilbray’s fundraising has depended heavily on contributions from the Leadership PACs of other Republican members. Throughout his career, he has received 41 percent of his campaign contributions from PACs. 2012: Started Year with Over $560,000 Cash on Hand At the end of 2011, Bilbray reported having $561,692 cash on hand. He had raised $661,124 for the entire cycle and spent $363,367.37. [fec.gov, accessed 2/16/12] Significant Percent of Contributions from PACs According to the Center for Responsive Politics, during his entire career Bilbray has received 41 percent of his campaign contributions from PACs. For the 2012 election, 45 percent of his contributions have been from PACs. [opensecrets.org, accessed 2/16/12] Bilbray Career Contributions Source of Funds Individual Contributions PAC Contributions Candidate self-financing Other Amount $6,031,438 $4,557,974 $11,336 $477,265 Percentage 54% 41% 0% 4% [opensecrets.org, accessed 2/16/12] Bilbray 2012 Contributions Source of Funds Individual Contributions PAC Contributions Candidate self-financing Other Amount $362,510 $298,500 $0 $114 Percentage 55% 45% 0% 0% [opensecrets.org, accessed 2/16/12] 93 Percent of Individual Donors Gave Large Amounts in 2012 394 DCCC Bilbray Research Book Last Updated 2/29/12 According to the Center for Responsive Politics, 93 percent of Bilbray’s individual donors for the 2012 cycle contributed a large amount of money: Source of Funds Small Individual Contributions Large Individual Contributions Amount $24,091 $338,419 Percentage 7% 93% [opensecrets.org, accessed 2/16/12] Industry Analysis According to the Center for Responsive Politics, retires contributed the most amount to Bilbray for his entire career, followed by leadership PACs. The table below summarizes the industries which supported Bilbray: Industry Retired Leadership PACs Real Estate Health Professionals Pharmaceuticals/Health Products Electric Utilities Insurance General Contractors Republican/Conservative Candidate Committees Securities & Investment Misc Finance Lawyers/Law Firms Defense Electronics Oil & Gas Accountants Automotive Lobbyists Computers/Internet Telephone Utilities Amount $750,679 $728,970 $688,335 $377,701 $361,161 $266,691 $248,004 $246,100 $223,729 $223,564 $220,702 $210,673 $199,122 $192,500 $189,468 $145,280 $142,400 $129,530 $122,988 $122,152 [opensecrets.org, accessed 2/16/12] PAC Analysis According to the Center for Responsive Politics, health care political action committees were Bilbray’s largest PAC contributor during the 2012 election cycle. The table below summarizes PAC contributions to Bilbray for the 2012 cycle: 395 DCCC Bilbray Research Book Last Updated 2/29/12 PAC Sector Health Communications/Electronics Energy & Natural Resources Ideology/Single-Issue Finance, Insurance & Real Estate Construction Defense Misc Business Lawyers & Lobbyists Transportation Other Amount $65,750 $45,500 $28,500 $23,500 $16,250 $16,000 $10,500 $9,000 $8,500 $6,500 $5,000 [opensecrets.org, accessed 2/16/12] Donor Analysis According to the Center for Responsive Politics, individuals who worked at General Atomics were the largest contributor to Bilbray throughout his career. The table below summarizes the employers (and PAC contributions) of Bilbray’s donors: Donor General Atomics AT&T Inc SAIC Inc National Assn of Realtors American Medical Assn Metabolife National Beer Wholesalers Assn Anesthesia Service Medical Group Cubic Corp National Auto Dealers Assn Corky McMillin Companies Herzog Contracting Credit Union National Assn Freedom Project Sempra Energy Associated General Contractors General Dynamics National Assn of Home Builders Associated Builders & Contractors American Hospital Assn Amount $92,650 $74,250 $69,150 $64,450 $58,500 $58,500 $58,500 $56,902 $55,050 $54,500 $52,050 $50,700 $48,655 $45,000 $43,650 $41,500 $41,450 $38,500 $38,000 $36,375 [opensecrets.org, accessed 2/16/12] 396 DCCC Bilbray Research Book Last Updated 2/29/12 Geographic Analysis According to the Center for Responsive Politics, 90 percent of Bilbray’s contributions for the 2012 election came from within the state of California: Location In State Out of State Amount $208,532 $23,900 Percentage 90% 10% [opensecrets.org, accessed 2/16/12] According to the Center for Responsive Politics, over $198,000 of Bilbray’s contributions came from within the San Diego metro area. The table below summarizes the locations of his donors: Metro Area San Diego Washington, DC Los Angeles-Long Beach, CA Raleigh-Durham-Chapel Hill Ventura, CA Amount $198,582 $23,150 $2,800 $2,500 $1,600 [opensecrets.org, accessed 2/16/12] 397 DCCC Bilbray Research Book Last Updated 2/29/12 Appendix III – Bill Sponsorships & Amendments BILL H.R.734 H.R.1036 BILL TITLE DATE 112nd CONGRESS To amend the Internal 2/16/2011 Revenue Code of 1986 to repeal the medical device tax, and for other purposes. Job Creation and Innovation Investment Act of 2011 To amend the Clean Air Act to include algae-based biofuel in the renewable fuel program and amend the Internal Revenue Code of 1986 to include algae-based biofuel in the cellulosic biofuel producer credit. Regenerative Medicine Promotion Act of 2011 Fuel Feedstock Freedom Act 3/11/2011 10/14/2011 H.R.3270 Novel Device Regulatory Relief Act of 2011 America’s Cup Act of 2011 H.R.3311 America’s Cup Act of 2011 11/02/2011 H.R.3340 Help Inspire and Retrain our 11/03/2011 Exceptional Veterans Act of 2011 111th CONGRESS Lake Hodges Surface Water 2/26/2009 Improvement and Reclamation Act of 2009 Innovative Vehicle Act 3/09/2009 H.R.1149 H.R.1862 H.R.2009 H.R.3203 H.R.1219 H.R.1382 3/17/2011 5/12/2011 5/26/2011 10/27/2011 STATUS Referred to the Committee on Ways and Means, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Referred to the House Committee on Ways and Means. Referred to the Subcommittee on Energy and Power. Referred to the Subcommittee on Health. Referred to the Subcommittee on Energy and Power. Referred to the Subcommittee on Health. Referred to the House Committee on Transportation and Infrastructure. Referred to the House Committee on Transportation and Infrastructure. Referred to the Subcommittee on Economic Opportunity. Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. Referred to the Subcommittee on Energy and Environment. 398 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.3460 To amend the Clean Air Act to 7/31/2009 include algae-based biofuel in the renewable fuel program and amend the Internal Revenue Code of 1986 to include algae-based biofuel in the cellulosic biofuel producer credit. Referred to the Subcommittee on Energy and Environment. H.R.5615 To amend the Internal Revenue Code of 1986 to repeal the medical device tax, and for other purposes. 6/28/2010 H.CON.RES.25 Supporting the goals and ideals of “National Sudden Cardiac Arrest Awareness Month.” 1/22/2009 Referred to the Committee on Ways and Means, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Referred to the Subcommittee on Health. H.RES.13 Providing for the designation of certain minority employees. 1/06/2009 On agreeing to the resolution Agreed to without objection. H.RES.637 Honoring the life and accomplishments of Herbert Klein and expressing condolences on his passing. 7/13/2009 Referred to the House Committee on Oversight and Government Reform. H.RES.1482 Commemorating the 40th annual meeting of the Society for Neuroscience. 6/28/2010 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. 399 DCCC Bilbray Research Book Last Updated 2/29/12 H.RES.1660 Expressing support for the goals and ideals of the inaugural USA Science & Engineering Festival in Washington, D.C., and for other purposes. 9/28/2010 On motion to suspend the rules and agree to the resolution Agreed to by voice vote. Latest Action: 9/28/2010 Motion to reconsider laid on the table Agreed to without objection. 110th CONGRESS Safe Water Improvement and 2/08/2007 Modernization Act of 2007 Appropriations Transparency 3/28/2007 Act of 2007 Referred to the Subcommittee on Water Resources and Environment. Referred to the House Committee on Rules. H.R.2362 To reduce the duty on certain golf club components. Referred to the Subcommittee on Trade. H.R.2649 Lake Hodges Surface Water 6/11/2007 Improvement and Reclamation Act of 2008 Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. H.R.3613 To amend the Elementary and Secondary Education Act of 1965 to make improvements relating to students with disabilities. 9/20/2007 Referred to the House Committee on Education and Labor. H.R.4017 Community Action Rebuilding Effort Act of 2007 To suspend temporarily the duty on certain cathode ray tubes. To amend the Internal Revenue Code of 1986 to provide for a credit for algae derived fuels, and for other purposes. 10/31/2007 Referred to the House Committee on Ways and Means. 12/13/2007 Referred to the House Committee on Ways and Means. H.R.7256 Federal Agency Environmental Procurement Act 10/03/2008 Referred to the House Committee on Oversight and Government Reform. H.RES.446 Honoring the life and accomplishments of Astronaut Walter Marty Schirra and expressing condolences on his passing 5/24/2007 H.R.909 H.R.1733 H.R.4524 H.R.6943 5/17/2007 9/18/2008 Status: Referred to the House Committee on Ways and Means. On motion to suspend the rules and agree to the resolution Agreed to by voice vote. 400 DCCC Bilbray Research Book Last Updated 2/29/12 H.RES.1306 Recognizing the dedication 6/26/2008 and honorable service of members of the National Guard who are serving or have served in Operation Jump Start. Referred to the Subcommittee on Military Personnel. H.AMDT.280 to H.R.2638 Amendment sought to increase funding for REAL ID grants by $150 million 6/15/2007 H.AMDT.997 H.R.2537 Amendment added a new section providing use of molecular diagnostics for monitoring and assessing 4/16/2008 On agreeing to the Bilbray amendment (A031) Failed by recorded vote: 155 - 268 (Roll no. 479). House amendment agreed to. Status: On agreeing to the Bilbray amendment (A004) Agreed to by voice vote. H.R.5715 H.R.5783 H.R.6201 H.R.11 H.R.15 H.R.73 109th CONGRESS To make amendments to the 6/29/2006 Reclamation Projects Authorization and Adjustment Act of 1992 Comprehensive Credit 7/13/2006 Services for Veterans Act of 2006 Budget and Transparency Act 9/27/2006 106th CONGRESS To amend the Clean Air Act to 1/06/1999 permit the exclusive application of California State regulations regarding reformulated gas in certain areas within the State Otay Mountain Wilderness 1/06/1999 Act of 1999 Citizenship Reform Act of 1/06/1999 1999 Subcommittee Hearings Held. Referred to the House Committee on Veterans’ Affairs. Referred to the Committee on the Budget, and in addition to the Committees on Rules, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote. Became Public Law No: 106-145 Referred to the Subcommittee on Immigration and Claims. 401 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.74 Social Security Budget Transparency Act of 1999 1/06/1999 Referred to the Subcommittee on Social Security. ] H.R.999 Beaches Environmental Assessment and Coastal Health Act of 2000 3/04/1999 Became Public Law No: 106-284 H.R.1921 Tip Credit Protection Act of 1999 5/25/1999 Referred to the Subcommittee on Workforce Protections. H.R.1976 Automobile Emissions Information Act of 1999 5/27/1999 H.R.1980 Workplace Fairness Act of 5/27/1999 1999 To amend section 4723 of the 6/15/1999 Balanced Budget Act of 1997 to assure that the additional funds provided for State emergency health services furnished to undocumented aliens are used to reimburse hospitals and their related providers that treat undocumented aliens and to increase the funds so available for fiscal years 2000 and 2001. Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection. Referred to the Subcommittee on Employer-Employee Relations. Referred to the Subcommittee on Health and Environment. H.R.2205 H.R.2849 Illegal Alien Educational Impact Aid Act of 1999 H.R.3376 Cleaner Technologies in Transit Act of 1999 Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 H.R.3378 H.R.3420 H.R.3561 Telehealth Improvement Act of 1999 Japanese Imperial Army Disclosure Act 9/14/1999 Referred to the Subcommittee on Early Childhood, Youth and Families. 11/16/1999 Referred to the Subcommittee on Ground Transportation. 11/16/1999 9/13/2000 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. 11/17/1999 Referred to the Subcommittee on Health and Environment. 2/01/2000 Referred to the Subcommittee on Government Management, Information and Technology. 402 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.4282 State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act 4/13/2000 Referred to the Subcommittee on Immigration and Claims. H.R.4393 State Children’s Health Insurance Program (SCHIP) Preservation Act of 2000 5/08/2000 Referred to the Subcommittee on Health and Environment. H.R.4394 To suspend temporarily the duty on certain ceramic knives. Gridlock Mitigation and Commuter Flexibility Act of 2000 5/08/2000 Referred to the Subcommittee on Trade. 5/19/2000 Referred to the Subcommittee on Health and Environment. H.R.5005 Direct Graduate Medical Education Equity Act of 2000 7/27/2000 H.R.5113 Fairness in Electricity Supply Act of 2000 H.R.5176 Energy Efficient Buildings Incentives Act Nazi and Japanese War Crimes Disclosure Act of 2000 Referred to the Subcommittee on Health and Environment, for a period to be subsequently determined by the Chairman. 9/06/2000 Referred to the Subcommittee on Energy and Power, for a period to be subsequently determined by the Chairman. 9/14/2000 Referred to the House Committee on Ways and Means. 10/05/2000 Referred to the Subcommittee on Government Management, Information and Technology. H.R.5457 Distributed Generation Promotion Act of 2000 10/12/2000 Referred to the Subcommittee on Energy and Power. H.R.5458 Electricity Consumer Relief Act of 2000 H.R.4501 H.R.5390 H.R.5484 H.CON.RES.429 10/12/2000 Referred to House subcommittee. Status: Referred to the Subcommittee on Energy and Power. Electricity Windfall Profit Tax 10/18/2000 Referred to the House Committee Act of 2000 on Ways and Means. Expressing the sense of 10/12/2000 Referred to the Subcommittee on Congress regarding the Energy and Power. electricity crisis in San Diego and Orange Counties in California. 403 DCCC Bilbray Research Book Last Updated 2/29/12 H.RES.201 Recognizing the importance for families to pledge to each other to be organ and tissue donors. 6/08/1999 Referred to the Subcommittee on Health and Environment. H.RES.535 Expressing the sense of the House of Representatives concerning use of additional projected surplus funds to supplement Medicare funding, previously reduced under the Balanced Budget Act of 1997. 6/27/2000 On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 404 - 8 (Roll no. 363). Latest Action: 6/29/2000 Motion to reconsider laid on the table Agreed to without objection. H.RES.629 Expressing the sense of the 10/12/2000 Referred to the House Committee House of Representatives that on Armed Services. the basic allowance for housing for members of the Armed Forces stationed in San Diego and Orange Counties, California, should be increased to compensate for increased energy costs there. H.RES.650 Expressing the sense of the House with respect to the release of findings and recommendations by the Federal Energy Regulatory Commission regarding the electricity crisis in California. 10/25/2000 10/27/2000 Motion to reconsider laid on the table Agreed to without objection. H.AMDT.352 to H.R.2587 An amendment no. 3 printed in H.Rept. 106-263 to ban the possession of tobacco products by minors in the District of Columbia. An amendment numbered 4 printed in the Congressional Record to prohibit use of funds for acquisition of diesel buses except those with emission levels lower than those powered by lowpolluting fuels. 7/29/1999 7/29/1999 By unanimous consent, the Bilbray amendment was withdrawn. 5/19/2000 5/19/2000 By unanimous consent, the Bilbray amendment was withdrawn. H.AMDT.737 to H.R.4475 404 DCCC Bilbray Research Book Last Updated 2/29/12 H.AMDT.895 to H.R.4690 H.AMDT.1045 to H.R.4942 H.R.7 H.R.8 H.R.589 H.R.630 H.R.963 Amendment increases funding 6/26/2000 for the International Boundary and Water Commission between the United States and Mexico by $500,000 and decreases funding for State Department Diplomatic and Consular Programs. Amendment prohibits the 9/14/2000 possession of any cigarette or other tobacco product by individuals under the age of 18 in the District of Columbia. 105th CONGRESS Citizenship Reform Act of 1/07/1997 1997 Border Smog Reduction Act 1/07/1997 of 1998 Fair Housing Reform and 2/05/1997 Freedom of Speech Act of 1997 On agreeing to the Bilbray amendment (A027) Agreed to by voice vote. To amend the Clean Air Act to 2/06/1997 permit the exclusive application of California State regulations regarding reformulated gas in certain areas within the State. Workplace Fairness Act of 3/06/1997 1997 4/22/1998 House committee/subcommittee actions. Status: Subcommittee Hearings Held. H.R.1713 Commuter Conservation and Employee Flexibility Act of 1997 5/22/1997 H.R.3206 Fair Housing Amendments Act of 1998 2/12/1998 H.R.3631 To require the Secretary of the Navy to conduct a study on ordinance and munitions waste in San Diego Bay. 4/01/1998 On agreeing to the Bilbray amendment (A007) Agreed to by recorded vote: 265 - 155 (Roll no. 472). Subcommittee Hearings Held. Became Public Law No: 105-286 Subcommittee Hearings Held. 3/17/1997 Referred to House subcommittee. Status: Referred to the Subcommittee on Human Resources. Referred to the House Committee on Ways and Means. House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 5. Referred to House subcommittee. Status: Referred to the Subcommittee on Military Installations and Facilities. 405 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.3950 Otay Mountain Wilderness Act of 1998 H.CON.RES.331 Expressing the sense of Congress concerning the inadequacy of sewage infrastructure facilities in Tijuana, Mexico Amendment prohibits the possession of tobacco products by minors in the District of Columbia. H.AMDT.872 to H.R.4380 H.R.116 H.R.794 5/22/1998 8/06/1998 House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote. 10/01/1998 On motion to suspend the rules and agree to the resolution Failed by recorded vote (2/3 required): 250 174 (Roll No. 508). 8/06/1998 104th CONGRESS California Cruise Industry 1/04/1995 Revitalization Act On agreeing to the Bilbray amendment (A010) Agreed to by recorded vote: 283 - 138 (Roll No. 415). Referred to the Subcommittee on Coast Guard and Maritime Transportation. Referred to the Subcommittee on Water Resources and Environment. To amend the Federal Water Pollution Control Act to deem certain municipal treatment facilities as the equivalent of secondary treatment. To rescind the Federal implementation plan promulgated by the Administrator of the Environmental Protection Agency for the South Coast, Ventura, and Sacramento areas of California. 2/02/1995 2/23/1995 Referred to the Subcommittee on Health and Environment. H.R.1363 Citizenship Reform Act of 1995 3/30/1995 H.R.1787 To amend the Federal Food, Drug, and Cosmetic Act to repeal the saccharin notice requirement. 6/08/1995 Joint Hearings Held by the Subcommittee on Immigration and Claims and by the Subcommittee on the Constitution. Became Public Law No: 104-124 H.R.1943 San Diego Coastal Corrections 6/28/1995 Act of 1995 H.R.1025 Received in the Senate and read twice and referred to the Committee on Environment and Public Works. 406 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.2334 To convey 1,000 acres of Federal land in San Bernardino County, California, for use as the site of the Southwestern LowLevel Radioactive Waste Disposal Compact’s regional disposal facility. 9/14/1995 H.R.2601 Bottled Water Standards Act of 1995 To provide for a study of certain cross-border sources of air pollution To amend the Fair Housing Act regarding local and State laws and regulations governing residential care facilities. 11/09/1995 Referred to the Subcommittee on Health and Environment. 11/15/1995 Referred to the Subcommittee on Health and Environment. 2/01/1996 Referred to the Subcommittee on the Constitution. Ward Valley Land Transfer Act To require the administrative agency responsible for adjudicating claims under the workers’ compensation provisions of title 5, United States Code, to follow certain procedures in seeking medical opinions. 3/14/1996 Referred to the Subcommittee on Energy and Power. Referred to the Subcommittee on Workforce Protections. H.R.3204 To require the administrative agency responsible for adjudicating claims under the workers’ compensation provisions of title 5, United States Code, to select board certified physicians to provide second opinions. 3/29/1996 Referred to the Subcommittee on Workforce Protections. H.R.3205 To change the appeals process in the workers’ compensation provisions of title 5, United States Code. 3/29/1996 Referred to the Subcommittee on Workforce Protections. ] H.R.2637 H.R.2927 H.R.3083 H.R.3203 3/29/1996 Referred to the Subcommittee on Energy and Power. 407 DCCC Bilbray Research Book Last Updated 2/29/12 H.R.3518 To amend the Clean Air Act to 5/23/1996 permit the exclusive application of State regulations regarding reformulated gas in certain areas. Referred to the Subcommittee on Health and Environment. H.R.3784 Workplace Fairness Act of 1996 To provide that customs officers and immigration officers have the authority to deny entry into the United States of certain foreign motor vehicles that do not comply with applicable laws governing motor vehicle emissions, and for other purposes. To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor. Fair Housing Reform and Freedom of Speech Act of 1996 7/11/1996 Referred to the Subcommittee on the Constitution. Referred to the Subcommittee on Immigration and Claims. Illegal Alien Educational Impact Aid Act of 1996 H.R.3961 H.R.3977 H.R.4019 H.R.4062 8/02/1996 8/02/1996 Referred to the House Committee on Ways and Means. 9/04/1996 Referred to the Subcommittee on the Constitution. 9/12/1996 Referred to the Subcommittee on Early Childhood, Youth and Families. [thomas.loc.gov, accessed 12/06/11] 408 DCCC Bilbray Research Book Last Updated 2/29/12