However, he did cast one vote against the Third District. It was on the Regional Infrastructure Development Act. This bill is designed to set up regional commissions to focus on promoting economic development in some of the most economically distressed regions in the nation. Given that 9 of the top 10 counties with the highest poverty rates in the state of Nebraska are in the Third District, you would think that Smith would be for the bill. Instead, he voted against it. Nebraska’s Third District is losing population every year because of the lack of economic development. After the next census, there is a chance the Third District could disappear altogether, leaving Nebraska with only 2 Representatives in Congress. Given the fact that Smith wanted to go to Washington and stay their until retirement, I’m thinking he didn’t consider the fact his position could be gone in the next 2-4 years. Maybe if jobs were created here, people would stay, and even more would come so our communities could grow. Just a thought.
Two of the bills he signed on to cosponsor also need pointed out. First, he signed on as an original cosponsor on a bill that would prohibit insurance companies from denying claims for injuries sustained for recreational activities or in “legal transportation”. In reviewing it, it looks like Smith’s all-time favorite focus is back in play. What am I speaking of?
If you will recall, when Adrian Smith was in the State Legislature, one of the bills he put forth every year, and even had as a priority bill more than once, was a bill to repeal the motorcycle helmet law. It, of course, failed to ever come up for a vote each time. Well, through cosponsoring the bill regarding insurance, it would basically tell insurers that, say, if someone was riding their motorcycle without a helmet, their injuries must be covered. Essentially, I’m just speculating, but it seems like a very likely explanation for his support.
Smith also signed onto a bill to repeal the Davis-Bacon Act. That act, first instituted by Republicans in the 1930’s, ensured that those working on federally contracted jobs would receive fair wages based on the prevailing local wages on similar projects. I’ll explain more at the end of this posting, but the bottom line is this is not the first time Smith has signed on to try and remove this law. The law is basically a pro-union law. It protects workers. Smith is against those protections being in place. But given the fact Smith was against a minimum wage increase, and he ultimately believes that business owners should have full control of anything regarding wages, are we surprised with this move?
ROLL CALL VOTES
H.R.3087 - A bill to require the Secretary of Defense to submit to Congress reports on the status of planning for the redeployment of the Armed Forces from Iraq and to require the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and appropriate senior officials of the Department of Defense to meet with Congress to brief Congress on the matters contained in the reports.
According to the CRS Summary, this bill makes it clear that:
(1) nothing in this Act shall be construed as a recommendation by Congress that any particular contingency plan be exercised;
(2) it is necessary and prudent for the Department of Defense (DOD) to undertake robust and comprehensive contingency planning;
(3) contingency planning for a redeployment of Armed Forces from Iraq should address appropriate protection for U.S. Armed Forces, civilians, contractors, and third party and Iraqi nationals who have aided the U.S. mission in Iraq, and the preservation of military equipment; and
(4) such planning should describe a range of scenarios and timetables for redeployment, and describe possible missions of Armed Forces remaining in Iraq.
It directs the Secretary of Defense to report to Congress every 90 days on the status of planning, and will end once the military is no longer has primary involvement in Iraq.
A motion was made to suspend the rules, and pass the bill.
H.R. 3087 PASSED on a vote of 377-46-10
FOR: 196 Democrats, 181 Republicans
AGAINST: 30 Democrats, 16 Republicans
NO VOTE: 6 Democrats, 4 Republicans
Adrian Smith voted FOR the bill.
H.RES.701 - Providing for consideration of the bill (H.R. 928) to amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes.
This sets forth the rules for debate and consideration of H.R. 928.
The resolution PASSED on a party-line vote, as usual: Democrats for, Republicans against.
H.R.928 - To amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes.
Also known as the Improving Government Accountability Act, this bill makes it so the Inspector General cannot be removed from office prior to the end of their term except for permanent incapacity, inefficiency, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude. The term is for 7 years. It authorizes ongoing authority for appropriations requests and directs the President to include it in budget requests. It implements procedures for more professionalism and effectiveness of IG offices. It sets up the Integrity Committee to review and refer investigations on allegations against IG’s and their staff. It also requires semiannual reports on activities.
There were 6 amendments offered. Of those, 5 were passed by voice vote, and one had a roll call vote held.
H.A831 MDT.- Provides that the Department of Justice (DOJ) Inspector General is not required to refer to the Counsel of the Office of Professional Responsibility (OPR) of DOJ, allegations of misconduct involving DOJ attorneys and related personnel where the allegations relate to the exercise of the authority of an attorney to investigate, litigate, or provide legal advice.
This amendment would allowed the IG to investigate allegations of wrongdoing by attorneys in the Department of Justice. The position is presently limited in it’s ability to do these investigations. This comes about as a result of the scandals surrounding Alberto Gonzales. He had control of the Office of Professional Responsibility, which would have done the investigations into his wrongdoing. Accountability was blocked. This would prevent that in the future regardless of which party is in control of the White House or the Congress.
Those opposed felt no wrongdoing had been found by Gonzales or the OPR, and therefore this amendment is divisive and unnecessary.
The amendment PASSED on a strict party-line vote of 217-192-28. All the Democrats present voted FOR it, all the Republicans present voted AGAINST it, including Adrian Smith.
A Motion was then made to Recommit and add an amend to the end of the bill. The amendment would require the IG to report annually to Congress and the President on whether elimination, consolidating, reorganizing or transferring of some Federal programs would be necessary to reduce spending. They would also include suggestions for legislation.
Those opposed to this amendment weren’t against the spirit of the amendment, but stated that what was being asked of the IG was not the duty of the IG. It would change the direction of the duties, which is primarily to weed out waste, fraud and abuse.
The Motion to Recommit PASSED on a vote of 274-144-14
FOR: 80 Democrats, 194 Republicans
AGAINST: 144 Democrats
NO VOTE: 7 Democrats, 7 Republicans
Adrian Smith voted FOR it.
H R 928 was then PASSED on a vote of 404-11-17
All 11 NO votes were Republicans
Smith voted FOR the bill.
H.RES.702 - Providing for consideration of the bill (H.R. 2740) to require accountability for contractors and contract personnel under Federal contracts, and for other purposes.
This sets forth the rules for debate and consideration of H.R. 2740.
As per usual, on Ordering the Previous Question, and then on Passage, the resolution was passed on a party-line vote: Republicans voted against.
H.R.2740 - To require accountability for contractors and contract personnel under Federal contracts, and for other purposes.
This bill is known as the MEJA (Military Extraterrestrial Jurisdiction Act) Expansion and Enforcement Act of 2007 (no, it has nothing to do with UFO's or ET). This bill holds contractors and their employees accountable, and that if they commit offenses that would be punishable by imprisonment for more than one year if committed in the US, that they will be punished as provided for that offense. It requires that the Inspector General report the statues of investigations into abuses to the Congress. It also requires that the FBI establish Theater Investigative Units for each theater of operation where contractors are part of contingency operations, and that they be responsible for the investigations.
There were 4 amendments offered to the bill, all of which were approved by a voice vote.
A Motion was then made to Recommit the bill with instructions to add the following:
SEC. 6. RULE OF CONSTRUCTION
Nothing in this Act shall be construed to affect intelligence activities that are otherwise permissible prior to the enactment of this Act.
The Motion PASSED on a vote of 342-75-15
FOR: 150 Democrats, 192 Republicans
AGAINST: 75 Democrats
NO VOTE: 6 Democrats, 9 Republicans
Smith voted for the motion.
H.R. 2740 then PASSED on a vote of 389-30-13
FOR: 225 Democrats, 164 Republicans
AGAINST: 30 Republicans
NO VOTE: 6 Democrats, 7 Republicans
Smith voted for the bill.
H R 976 - Children’s Health Insurance Program Reauthorization Act
This bill was presented to President Bush, who vetoed it as he said he would. One vote was held in the House just to postpone the vote to try and override the veto until October 18th.
The Motion to postpone the vote was approved on a party-line vote: Democrats FOR, Republicans AGAINST.
H.RES.704 - Providing for consideration of the bill (H.R. 3246) to amend title 40, United States Code, to provide a comprehensive regional approach to economic and infrastructure development in the most severely economically distressed regions in the Nation.
This set forth the rules for debate and consideration of HR 3246.
As usual, on Ordering the Previous Question and Agreeing to the resolution, it passed on a party-line vote: Democrats for, Republicans against.
H.R.3246 - To amend title 40, United States Code, to provide a comprehensive regional approach to economic and infrastructure development in the most severely economically distressed regions in the Nation.
Known as the Regional Economic and Infrastructure Development Act of 2007, the bill establishes Regional Commissions:
(1) Delta Regional Commission;
(2) Northern Great Plains Regional Commission;
(3) Southeast Crescent Regional Commission;
(4) Southwest Border Regional Commission; and
(5) Northern Border Regional Commission.
Per the CRS Summary, the bill Directs each Commission to:
(1) assess needs and assets;
(2) develop comprehensive and coordinated economic infrastructure development strategies to establish and approve grants for economic development;
(3) establish priorities in an economic and infrastructure development plan;
(4) enhance capacity of and provide support for local development districts;
(5) encourage private investment in industrial, commercial, and other economic development projects;
(6) assist state governments with the preparation of economic and infrastructure development plans and programs for participating states; and
(7) formulate and recommend to the governors and legislatures of participating states forms of interstate cooperation and, where appropriate, international cooperation.
Sets forth requirements for:
(1) economic and infrastructure development grants;
(2) comprehensive economic and infrastructure development plans;
(3) approval of applications for assistance for projects;
(4) grants to local development districts for assistance in payment of development planning and administrative expenses; and
(5) supplemental funding for other federal grant programs (federal grant programs to provide assistance in carrying out economic and community development activities).
No state is required to participate in the programs under this act. Each Commission will annually designate:
(1) distressed, transitional, and attainment counties; and
(2) isolated areas of distress in attainment counties that have high rates of poverty, unemployment, or out-migration.
This is a bill that would provide continued support for the development, growth and investment into businesses that could provide jobs into such areas as the Third District, where help is greatly needed.
A Motion was made to Recommit the bill with instructions to add the following:
Mr. Jordan of Ohio moves to recommit the bill H.R. 3246 to the Committee on Transportation and Infrastructure with instructions to report the same back to the House promptly with the following amendment:
At the end of the bill, add the following:
SEC. 7. LIMITATION ON THE USE OF FUNDS.
None of the funds authorized by this Act, including the amendments made by this Act, may be used--
(1) to lobby or retain a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer; or
(2) to pay for expenses related to the membership of any individual or entity in an organization or association.
Rep. Oberstar, however, points out that by using the term “promptly”, an action attempted by Republicans on many occasions, it is actually a motion to kill the bill. He pointed out that when the bill was up on the Suspension calender, no one ever rose to oppose it. There was also no opposition in the subcommittee or the full committee. He showed that Section 15-306 addresses Personal Financial Interests, and conflicts of interest. Also, that lobbying by government agencies of Congress is not permitted. The motion is not necessary.
The Motion FAILED on a vote of 201-218-13
FOR: 11 Democrats, 190 Republicans
AGAINST: 214 Democrats, 4 Republicans
NO VOTE: 6 Democrats, 7 Republicans
Smith voted FOR the motion.
H.R. 3246 was then PASSED on a vote of 264-154-14.
FOR: 225 Democrats, 39 Republicans
AGAINST: 154 Republicans
NO VOTE: 6 Democrats, 8 Republicans
Adrian Smith voted AGAINST this bill, and against investment into our district.
H.RES.703 - Providing for consideration of the bill (H.R. 3648) to amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes.
This sets forth the rules for debate and consideration of H.R. 3648.
As usual, on Ordering the Previous Question and Agreeing to the resolution, it passed on a party-line vote: Democrats for, Republicans against.
H.R.3648 - To amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes.
Known as the Mortgage Forgiveness Debt Relief Act of 2007, this bill provides that up to $2 Million of indebtedness for a principal residence my be excluded. Other issues relating to this are also addressed.
Basically, this bill has come about due to the problems many are facing with the subprime mortgage crisis. Under this bill, when a bank or lender forgives part of the loan, that part of the loan will not be considered income and will not become a taxable event. It also makes it easier for people to extend their mortgage insurance. It also tightens things so people who have several vacation homes can't just move from one to the other to reap the same benefits on each. To offset a loss in tax revenue, those with 2 or more homes are being denied part of capital gains exemption they received in the past.
Rep. Eric Cantor made a Motion to Recommit, and instruct the removal of Sections 5 and 6. It would get rid of the provisions that stop the very rich from gaining excessively from this bill, all tax free. He called it a “tax hike” and said it must be removed.
Rep. Blumenauer first pointed out that Cantor used “promptly”, which is parliamentary language delays the bill, and effectively kills it. He then points out no other revenue offset has been proposed that is viable, and that’s why the provisions were accepted in committee on a bi-partisan basis. He makes it clear this does not disadvantage people. Also, if the rich live in their 2nd and 3rd homes, say, for one-third of the year, they get one-third of the benefit. The overall bills helps those that need it most with their primary (and usually their only) residence.
The Motion FAILED on a vote of 201-212-1-18
FOR: 8 Democrats, 193 Republicans
AGAINST: 212 Democrats
PRESENT: 1 Democrat
NO VOTE: 10 Democrats, 8 Republicans
Smith voted FOR the motion.
H.R. 3648 was then PASSED on a vote of 386-27-19
FOR: 221 Democrats, 165 Republicans
AGAINST: 27 Republicans
NO VOTE: 10 Democrats, 9 Republicans
Smith voted FOR the bill. I guess he changed his mind about Congressional involvement on this issue. Previously, he stated that “Congress should monitor the situation, but try to let the economy and the stock market work through any problems.”
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The remainder of the bills that received roll call votes this week passed with little or no opposition:
H.CON.RES.185 - Concurrent resolution commending the 1st Brigade Combat Team/34th Infantry Division of the Minnesota National Guard upon its completion of the longest continuous deployment of any United States ground combat military unit in Operation Iraqi Freedom.
H.R.2276 - To designate the facility of the United States Postal Service located at 203 North Main Street in Vassar, Michigan, as the "Corporal Christopher E. Esckelson Post Office Building".
H.R.3325 - To designate the facility of the United States Postal Service located at 235 Mountain Road in Suffield, Connecticut, as the "Corporal Stephen R. Bixler Post Office".
H.RES.635 - Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual renewal, and expressing respect to Muslims in the United States and throughout the world on this occasion, and for other purposes.
H.CON.RES.203 - Condemning the persecution of labor rights advocates in Iran.
H.R.2828 - To provide compensation to relatives of United States citizens who were killed as a result of the bombings of United States Embassies in East Africa on August 7, 1998.
H.CON.RES.200 - A concurrent resolution expressing the sense of Congress regarding the immediate and unconditional release of Daw Aung San Suu Kyi and the severely deteriorating human rights situation in Burma.
FLOOR STATEMENTS
Smith gave a one-minute statement on the House Floor this week, and also submitted two Extensions of Remarks for the record.
EXPAND OUR NATION'S EXPORT MARKETS
(House of Representatives - October 02, 2007)
(Mr. SMITH of Nebraska asked and was given permission to address the House for 1 minute.)
Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of expanding our Nation's export markets. Last week Congress was challenged to implement the proposed free trade agreement with Peru. It is a challenge we need to meet.
The agreement laid on the table will create significant new opportunities for American farmers, ranchers, businesses and consumers by opening new markets and reducing trade barriers.
Nebraska's agriculture producers, manufacturers and service providers deserve more access to foreign markets. Last month I hosted a forum on the importance of exports for Nebraska and the United States.
Trade supports nearly one in five jobs in Nebraska, and Nebraska exported $2.8 billion worth of agriculture products in 2005.
Opening new export markets has long been a priority of mine. It goes without saying that agriculture markets are tremendously important to my district and the Nation as a whole, and I hope to help Nebraska's products continue to compete in the global marketplace.
Notice it was his chance to try and promote the fact that he had someone come out to Nebraska to speak on exports. His actions in the House so far, however, speak of someone not actually doing anything to promote exporting Nebraska goods. A lack of action speaks louder than words.
TRIBUTE TO PAUL WICE OF WEST CENTRAL NEBRASKA
(Extensions of Remarks - October 01, 2007)
SPEECH OF HON. ADRIAN SMITH OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES
MONDAY, OCTOBER 1, 2007
Mr. SMITH of Nebraska. Madam Speaker, I rise to pay my respects to a broadcasting institution in West Central Nebraska, Paul Wice. This past Friday he turned on the microphone to host ``Talk of the Town'' one last time.
A 1962 graduate of Kearney High, and a 1966 graduate of Kearney State College, Paul has been a fixture on the airwaves for listeners in my district for nearly 40 years.
I have had the pleasure of being interviewed by him both as part of news stories, and as a guest on his show.
Never one to shy away from the tough questions, Paul earned his reputation as being a tough but fair interviewer, whose only motivation was to provide his listeners with the most up-to-date information available.
He has given back to the Kearney community in so many ways--as an instructor, a volunteer, and a member of many local community boards--yet I fully expect this service to continue.
I wish him well in his retirement and I hope he knows how much he will be missed.
I wonder if Smith is going to put out statements every time a journalist leaves? Nice to know he has his priorities in mind.
HONORING OFFICER CHRISTOPHER PFEIFER
(Extensions of Remarks - October 01, 2007)
SPEECH OF HON. ADRIAN SMITH OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES
MONDAY, OCTOBER 1, 2007
Mr. SMITH of Nebraska. Madam Speaker, today I rise to remember a brave young man from the Third District, Pfc. Christopher Pfeifer, who passed away last week from wounds suffered in Afghanistan on August 17 when his unit came under enemy fire. He was assigned to the 1st Squadron, 91st Cavalry Regiment, 173rd Airborne Brigade Combat Team.
A talented young man, Chris has been described as the type of person who gave his very best at everything he did, and who loved the Army. Chris' death came just days before his wife, Karen, gave birth to their first child, a baby girl.
Words cannot express our gratitude for Chris' service to our country, or the loss of such a brave individual.
I just wish Smith would really come to understand the impact each death has, not only on their families and friends, but on the district as a whole. These soldiers represent the best and the brightest, and each one is precious.
BILLS SPONSORED/COSPONSORED
Smith did not introduce any bills as a sponsor this week. However, he added his name onto 4 bills as a cosponsor.
H.R.1076 - To promote health care coverage parity for individuals participating in legal recreational activities or legal transportation activities.
Called the HIPAA Recreational Injury Technical Correction Act, it prohibits group health plans from denying benefits or coverage that would otherwise be covered simply because the injury resulted from a recreational activity or using “legal transportation“.
This is most likely a tip to those Motorcycle groups he always loved to support - especially given that nearly every year in the State Legislature he tried to eliminate the helmet law. Get injured riding around on your motorcycle without a helmet? You should be covered!
Smith was one of the original introducers when the bill was submitted on 10/3/2007
H.R.3229 - To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the United States Army Infantry and the establishment of the National Infantry Museum and Soldier Center.
Each time commemorative coins are ordered, there is cost involved in the creation and development of that coin. I though Smith didn’t want government waste?
The bill was introduced clear back on 7/30/2007. Smith just now signed onto the bill on 10/5/2007.
H.R.3412 - To repeal the wage rate requirements commonly known as the Davis-Bacon Act.
As stated, this would repeal the Davis-Bacon Act, which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works.
As I previously detailed on the Farm Bill post, this is not the first time Smith has voted to try and eliminate provisions of the David-Bacon Act.
Per Wikipedia:
The Davis-Bacon Act of 1931 is a United States federal law which established the requirement for paying prevailing wages on public works projects. All federal government construction contracts, and most contracts for federally assisted construction over $2,000, must include provisions for paying workers on-site no less than the locally prevailing wages and benefits paid on similar projects.
The act is named after its Republican sponsors, James "Puddler Jim" Davis, a Senator from Pennsylvania and a former Secretary of Labor under three presidents, and Representative Robert L. Bacon of Long Island, New York.
Prevailing wage laws in the U.S. date back as far as 1891, when on the state level, Kansas instituted this first such law. Forty-one states followed suit in the years to come. These state prevailing wage laws were the fruit of the "Progressive Era," which instituted statutes such as child labor laws, public schools and worker compensation insurance.
But it took the worldwide Great Depression, which at its height saw one out of four Americans unemployed, that fueled the passing of the Davis-Bacon Act by a Republican Congress and a Republican President, Herbert Hoover. Representative Bacon, say modern conservative opponents of the law, initially introduced the bill after a contractor employed African-American workers from Alabama to build a Veteran’s Bureau hospital in his New York district. More accurately, the legislative history of Davis-Bacon reflects a desire by Congress to reserve jobs on federal projects for local workers, who nationwide faced epidemic unemployment. Conservatives opposed to the Davis-Bacon Act have claimed that there was racist intent to the law, but critics have countered that this is a red herring, stating that it was a sincere attempt to make amends for local workers and flatly dismiss the conservative claim that it has Jim Crow origins.
While Davis-Bacon (and associated "Little Davis-Bacon" state laws) do encourage the hiring of skilled local workers, advocates emphasize that they also work to train young people into skilled tradesmen and tradeswomen. Despite anti-union criticism, union apprenticeship programs (which Davis-Bacon tends to promote) actively recruit and train minorities to this day.
It’s a good law. It’s a fair law. And it’s a Republican law. It ensures fair wages on federally contracted jobs based on local prevailing wages for similar projects. But Adrian Smith’s opposition is based on the position of his campaign contributors, that corporations should always control this. Davis-Bacon, on the other hand, is union friendly.
One of the biggest advocates for the end of Davis-Bacon is the introducer of this bill: Rep. Steve King of Iowa. He has made it clear that his families business has had to pay prevailing wages on federal projects, and he has not liked that.
King introduced the bill on 8/3/2007. Smith just now signed onto it on 10/1/2007.
H.R.3622 - To amend the Internal Revenue Code of 1986 to modify the treatment of qualified restaurant property as 15-year property for purposes of the depreciation deduction.
Pretty self explanatory, and given the $10,000 the National Restaurant Association has given to Smith in contributions, it’s not a surprise.
The bill was introduced on 9/20/2007. Smith added his name on 10/4/2007.
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