House votes

Democratic Reps. Michael Michaud and Tom Allen

Vote 1: Private Property Rights (HR 4772): The House on Sept. 26 failed to suspend the rules and pass a bill sponsored by Rep. Steve Chabot, R-Ohio, by the required two-thirds majority that would have allowed property-rights litigation to be heard in federal court before state appeals had been exhausted. Proponents said the bill was necessary to protect owners’ property rights in light of recent court rulings that allowed property to be taken for economic development purposes. Opponents argued that the bill had nothing to do with the eminent domain questions ruled on by the court. They said it would allow developers a fast track into the federal system and inhibit localities’ ability to restrict land use. The vote was 234 yeas to 172 nays.

NAYS: Michaud, Allen

Vote 2: Child Custody Protection Act (S 403): The House on Sept. 26 passed a bill that makes it a federal crime to transport minors over state lines for an abortion to avoid parental notification laws. It also makes it a crime to perform the abortion without such notification if the state where the minor resides requires it. Proponents said that other medical procedures on minors must be approved by parents and abortion should not be an exception. Opponents said the law requires the enforcement of one state’s laws in another state and could require victims of incest to confront their abusers. The vote was 264 yeas to 153 nays.

NAYS: Michaud, Allen

Vote 3: Public Expression of Religion Act (HR 2679): The House on Sept. 26 passed a bill sponsored by Rep. John Hostettler, R-Ind., that eliminates the reimbursement of court costs to plaintiffs alleging government entities violated the establishment of religion clause of the Constitution. Proponents said that towns and cities are removing religious symbols even if it is thought that the symbols are constitutional because of the cost of litigation. Opponents argued that reimbursement of litigation costs is standard in cases against the government to ensure that private citizens can sue if their constitutional rights have been violated. The vote was 244 yeas to 173 nays.

NAYS: Michaud, Allen

Vote 4: Conference Report – Defense Appropriations (HR 5631): The House on Sept. 26 passed the House-Senate conference report arranging $448 billion in funding for the military, including a $70 billion bridge fund for the wars in Iraq and Afghanistan. Also included in the bill is funding for military personnel at $86.4 billion; operation and maintenance at $119.8 billion; major defense procurement at $80.9 billion; and research, development, test and evaluation work at $75.7 billion. The bill sets a 2.2 percent pay raise for the armed forces starting Jan. 1. The vote was 394 yeas to 22 nays.

YEAS: Allen

NAYS: Michaud

Vote 5: Electronic Surveillance Modernization (HR 5825): The House on Sept. 28 passed a bill sponsored by Rep. Heather Wilson, R-N.M., that allows the National Security Agency to eavesdrop on international communications with persons in the U.S. without a warrant for 45 days. After the initial period expires, the NSA would be required to get a warrant from the Foreign Intelligence Surveillance Act court or permission from the relevant congressional committees to continue. Proponents said the bill was necessary to allow the government to listen in on terrorists’ communications to prevent harm to innocent Americans. Opponents said that surveillance methods used within the U.S. should comply with the Constitution. They said that Foreign Intelligence Surveillance Act was enacted to ensure that Americans having unpopular beliefs were not monitored by the government. The vote was 232 yeas to 191 nays.

NAYS: Michaud, Allen

Senate votes:

Republican Sens. Olympia Snowe and Susan Collins

Vote 1: Retaining Habeas Corpus: The Senate on Sept. 27 rejected an amendment sponsored by Sen. Arlen Specter, R-Pa., to the Military Commissions bill (S 3930) that would have allowed noncitizens to exercise the right of habeas corpus if they are accused of crimes involving terrorism. Proponents said that without the inclusion of habeas corpus the law could be struck down. They also said that not only enemy combatants could be confined indefinitely, but also resident aliens suspected of abetting terrorists. Opponents said that captured soldiers had never been given such rights noting that not one appeal under habeas corpus was filed by almost a half million soldiers captured and detained in the U.S. during World War II. The vote was 48 yeas to 51 nays.

NAYS: Collins

NOT VOTING: Snowe

Vote 2: Congressional Oversight of CIA programs: The Senate on Sept. 27 rejected an amendment sponsored by Sen. John Rockefeller, D-W.Va., to the Military Commissions bill (S 3930) that would have required the director of Central Intelligence to report to Congress quarterly on the detention and interrogation program run by that agency. Proponents said the administration had run a detention and interrogation program for four years without informing Congress. The amendment would ensure that Congress could assess the program and ensure its legality. Opponents said the amendment would derail the bill and that language requiring the attorney general to comment on the legality of interrogation techniques would alert the enemy. The vote was 46 yeas to 53 nays.

NAYS: Collins

NOT VOTING: Snowe

Vote 3: Defining War Crimes: The Senate on Sept. 27 rejected an amendment sponsored by Sen. Edward Kennedy, D-Mass., to the Military Commissions bill (S 3930) that would have required the administration to send to 194 countries a specific list of criminal treatments that the U.S. deems as war crimes if they are applied to our soldiers. Proponents said the list is directly from the Army Field Manual and should pose no difficulty for the administration. Opponents said the amendment violates the principle of separation of powers by requiring the executive branch to take that action. The vote was 46 yeas to 53 nays.

NAYS: Collins

NOT VOTING: Snowe

Vote 4: Military Commissions bill (S 3930): The Senate on Sept. 27 passed a bill sponsored by Sen. Mitch McConnell, R-Ky., that allows for the indefinite detention on noncitizens suspected of crimes involving terrorism. It bars statements obtained by coercion after the enactment last December of the Detainee Treatment Act. It allows the president to interpret the meanings of war crimes under the Geneva Conventions. Proponents said the bill clearly defines grave breeches of the Geneva Conventions without giving a laundry list for other nations to protest or encouraging them to reinterpret. The bill allows the Department of Defense to continue to interrogate and try those thought to be plotting crimes against the U.S. Opponents said the bill goes against basic American tenets and would not stand up to a constitutional challenge. The vote was 65 yeas to 34 nays.

YEAS: Collins

NOT VOTING: Snowe

Compiled by Targeted News Service for the Bangor Daily News.