HRC vote skeleton

XXXX (R-XX) SENATE VOTE REPORT Democratic Senatorial Campaign Committee

TABLE OF CONTENTS TABLE OF CONTENTS 2 EXECUTIVE SUMMARY 3 METHODOLOGY 4 POLITICAL INFORMATION 5 ISSUES 7 ABORTION AND REPRODUCTIVE CHOICE 8 AGRICULTURE 15 BANKING AND CORPORATE REFORM 30 BUDGET & SPENDING 42 CIVIL RIGHTS & MINORITY ISSUES 69 CONSUMER PROTECTION 74 CRIME AND GUNS 83 EDUCATION 93 ELECTIONS, GOOD GOVERNMENT, ETHICS 121 ENERGY AND THE ENVIRONMENT 135 FOREIGN POLICY 165 FOREIGN POLICY: IRAQ 173 HEALTH CARE 191 HOMELAND SECURITY 225 HOUSING 247 IMMIGRATION 250 JOBS AND LABOR 257 NOMINATIONS 272 SENIORS 282 SOCIAL ISSUES 288 TAXES 291 TELECOMMUNICATIONS AND TECHNOLOGY 317 TRADE 319 TRANSPORTATION AND INFRASTRUCTURE 327 TROOPS, DEFENSE, AND VETERANS 336 WOMEN 357 2

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EXECUTIVE SUMMARY MCCONNELLMCCONNELLXXXXX 3

METHODOLOGY DISCLAIMER: As with all projects of this nature, we strongly urge you to double-check any specific information before using it for official campaign purposes, including press releases and paid communications. The DSCC research department is available to assist in these efforts at any time. 4

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ISSUES AGRICULTURE HIGHLIGHTS  INTEREST GROUP RATINGS CAMPAIGN CONTRIBUTIONS THE XXXX RECORD FARM BILL 2008: XXXX Voted To Override Bush Vet Of the Farm Bill Reauthorization. In June 2008, XXXX voted to override President Bush’s veto of the five-year authorization of agriculture programs. In addition to reauthorizing crop subsidies, the new farm law tightens income eligibility limits for payments, boosts funding for food stamps, expands conservation programs and offers new incentives for alternative energy. Another section restored in the legislation authorized trade and international food assistance programs. The override attempt passed 80-14. [CQ Today, 6/18/08; Vote 151, 6/18/08]  XXXX Voted For the Farm Bill Reauthorization. In June 2008, XXXX voted for a new version of the $289 billion farm bill that included a trade-related title accidentally left out of the version that Congress sent to President Bush the previous month. The legislation is identical to the conference report on the farm bill that lawmakers approved in May. However, the trade title was inadvertently dropped from the version that Bush vetoed. The bill passed 77-15, with a threat of another veto by the President. [CQ Today, 6/05/08; Vote 144, 6/05/08]  XXXX Voted For the Farm Bill Reauthorization. In May 2008, XXXX voted in favor of overriding President Bush’s veto of the five-year farm bill. However, an error by a House enrollment clerk, who dropped one of the original bill’s 15 titles before sending it to the White House, would require the Senate to vote again on the bill. The veto override passed 82-13. [CQ Today, 5/22/06; Vote 140, 5/22/08]  XXXX Supported the Farm Bill Reauthorization Conference Report. In May 2008, XXXX voted for the $289 billion farm bill conference report that would reauthorize crop subsidies, land conservation programs, food stamps and other agriculture entitlement programs. The measure appeals to both rural and urban members, largely because of the $10.3 billion in new funding in the bill. That sum includes about 6

$1.2 billion to restock food banks and $1 billion for a school snack program. The measure will also establish a $3.8 billion trust fund to help farmers in flood- and drought-prone areas. The measure also contains provisions designed to guard against speculation in energy markets by setting record-keeping requirements for electronic energy traders and requiring them to provide an audit trail. [CQ Today, 5/15/08; Vote 130, 5/15/08] 2002: XXXX Voted Against the 2002 Farm Bill, Massive Subsidy Increases. In 2002, XXXX voted against a new farm bill re-establishing programs that supply payments to farmers when commodity prices fall below a specified level. It also raised mandatory and direct farm program spending by $73.5 billion over 10 years, provided $243 billion for food stamps and restored benefits for legal immigrants, and increased conservation spending to $17.1 billion. It also lowered the total limit on payments to individual farmers to $360,000 and authorized a new $1 billion dairy program for three and a half years. [Vote 103, 5/8/02] XXXX Voted For The 2001 Farm Bill. In 2001, XXXX voted for the 2001 Farm Bill. The Farm Bill XXXX supported would amend and extend for 5 years farm income support, land conservation, credit assistance, food assistance, trade promotion, marketing assistance, and rural development programs. Mandatory spending, primarily on farm income support programs, would be substantially increased, and several new mandatory-spending programs would be created. Democrats said the bill would cost $170 billion over 10 years. The vote was on a cloture motion to close debate on the motion to proceed to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 352, 12/5/01; National Journal’s Congress Daily, 12/5/01]  XXXX Opposed Expanding on Reforms That Were Begun in the Last Farm Bill. In 2001, XXXX voted against expanding on the reforms that were begun in the last farm bill and increase funding for the Environmental Quality Incentives Program (EQIP). Overall, the amendment would spend the same amount over the baseline over 10 years as the Harkin amendment. The motion to table was agreed to, 55-40. [Vote 374, 12/18/01] XXXX Voted Against Harkin’s Substitute 2001 Farm Bill. XXXX voted against the Farm Bill which would have renewed federal farm programs set to expire in October 2002. [Vote 377, 12/23/01] DAIRY & LIVESTOCK XXXX Voted to Ease Restrictions on Importing Canadian Beef, Ignored Mad Cow Fears. In 2005, XXXX voted to allow the Department of Agriculture to ease restrictions on Canadian beef. McConnell voted against a joint resolution that would block a proposed Department of Agriculture regulation that would have eased restrictions on the importation of Canadian beef. The U.S. border was closed to Canadian cattle after the 2003 discovery of mad cow disease in Alberta. The Bush Administration argued that easing the restrictions would help convince Japan to consider accepting U.S. beef, “a critical step for reviving the $7.5 billion beef and cattle industry,” but American cattle ranchers feared that Canadian cattle could spread disease within the U.S. and “make it impossible to resume the beef trade with Japan.” [Vote 19, 3/3/05; New York Times, 3/4/05] XXXX Voted to Not Allow Kobe Beef to Come Into U.S., Even If Japan Continued Ban on U.S. Beef. In 2005, XXXX was one of 26 Senators who voted to ban beef imports from Japan until that country opened its borders to U.S. beef. [Vote 236, 9/20/05; Omaha World-Herald, 9/21/05] XXXX Voted to Delay COOL For Two Years. XXXX voted for the FY04 Omnibus Appropriations bill, which gave retailers an extra two years to begin putting country-of-origin labels on food. Working with the Bush Administration, Republicans added an amendment to the Omnibus Bill that delayed the implementation of Country of Origin Labeling until 2006. The Bush Administration had been resisting implementation because meat packers and processors, especially large corporations like Tyson and Cargill Foods, do not favor COOL. These companies want it killed because they are afraid it will cut into profits. [Vote 3, 1/22/04; Aberdeen American News, 1/30/04; Washington Post, 2/3/04; Congressional Quarterly, 1/21/04] 7

 Critics Slammed COOL Delay That Was Worked Out Behind Closed Doors. Discussing the two-year delay of county-of-origin labeling requirements in 2004, Dave Frederickson, president of the National Farmers Union, said, “I am appalled that this attack on the country-of-origin food labeling law was not debated in public.” [Star Tribune, 1/23/04] XXXX Voted Against Requiring Country Of Origin On Meat Labels. In a vote against small American ranchers, 29 Republicans, including XXXX, bowed to the pressure from huge, big business, international meat producers and vote to kill a Daschle amendment that would have mandated that all meat sold in the US be labeled, displaying the country the animal was raised. Country of Origin labeling is also important following the discovery of livestock inflicted with Mad Cow disease in Canada. The motion to kill the Daschle bill did not pass. [Vote 443, 11/6/03] XXXX Voted to Restrict Federal Environmental Subsidies For Certain Livestock Operations. In 2002, XXXX voted to restrict federal environmental subsidies for new and expanding livestock operations. [Vote 15, 2/6/02; National Journal's Congress Daily, 2/7/02] XXXX Voted to Place Livestock Contracts Under The Jurisdiction Of The Packers And Stockyards Act. In 2002, XXXX voted to put livestock production contracts under the jurisdiction of the Packers and Stockyards Act. It would also permit parties to a contract for the sale or production of livestock or poultry to discuss terms or details of the contract with a legal adviser, lender, accountant, executive or manager, landlord, or family member. The vote was on the Harkin modified amendment to the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001 (S. 1731). The amendment was agreed to, 82-14. [Vote 16, 2/6/02] XXXX Voted For The Packer Ban. In 2002, XXXX voted in favor of banning most meatpackers from owning or controlling livestock for more than 14 days before slaughter. Cooperatives and small packers would be excluded from the ban. Packers, who would have up to 18 months to sell off any livestock that they own, said the restrictions make it harder for them to procure adequate supplies of top-quality meat. The vote was on a motion to table the Harkin (for Grassley) amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 23, 2/12/02; Associated Press, 12/1/01; Associated Press, 2/12/02] XXXX Voted Against Replacing Dairy Program With New System Benefiting Western Farmers. In 2002, XXXX voted against an effort to replace Farm Bill’s $2 billion dairy program with a system that would have been more favorable to large Western dairy producers. The vote was on a motion to table the Domenici modified amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 29, 2/13/02; National Journal’s Congress Daily, 2/13/02] XXXX Voted To Alter USDA Meat And Poultry Inspection Standards. In 2001, XXXX voted to prohibit the USDA from using funds from this Act to apply the mark of inspection to any meat or poultry product that was shown to be adulterated. It would also instruct the Secretary of Agriculture to submit a report on the role of microbiological monitoring and standards relating to indicator organisms and pathogens in determining the effectiveness and adequacy of Food Safety and Inspection Service Hazard Analysis and Critical Control Point (HACCP) meat and poultry safety programs. The vote was on the Nelson (of Nebraska)/Miller amendment to the Harkin amendment to the Agriculture, Rural Development, and Related Agencies Appropriations Bill for fiscal year 2001 (H.R. 2330). The motion to table failed, 45-50. [Vote 314, 10/25/01] XXXX Opposed Allowing the Dept. of Agriculture to Enforce Pathogen and Salmonella Standards. XXXX, on October 25, 2001, voted for the Nelson [NE] amendment to H.R.2330, which was an amendment to eliminate the Harkin amendment to H.R.2330. The Harkin amendment, which was supported by AARP, the American Food Safety Institute, American Public Health Association, the Consumer Federation of America, the National Farmers Union, the National Parent Teachers Association, and Consumers Union, was an amendment to clarify that the Agriculture Department has the authority to enforce pathogen reduction standards, including standards on salmonella, in meat and poultry plants. The Nelson [NE] amendment replaced the Harkin amendment with a watered-down provision to prevent funds from being used to apply inspection marks to meat and poultry products 8

that are shown to be contaminated. [Vote 314, 10/25/01; CQ Monitor News, 12/04/01, and Tom Harkin, Floor Statement, 10/25/01] XXXX Voted Against Dairy Program That Helps Small Farmers. On a vote of 51-47, Democrats won an important agriculture vote to support a $2 billion dairy program. The American Farm Bureau said, “This was the vote on the farm bill… it was the most critical vote other than final passage.” XXXX voted to kill the $500 million program to set the floor for milk prices for 12 Northeastern states, where most of the small dairy farmers operate. The program should help small dairy farmers compete with their larger rivals. [Vote 362, 12/11/01; CQ Monitor, 12/11/01] XXXX Opposed Democratic Substitute Amendments to Dairy Provisions of the Farm Bill. In 2001, XXXX twice opposed invoking cloture on the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001 (S. 1731). The amendment would make changes to the dairy provisions in the bill; those changes would result in certain States gaining larger percentages of the new taxpayer subsidies in the bill for dairy producers. The cloture motion was rejected, 53-45. [Vote 368, 12/13/01; Vote 372, 12/18/01] XXXX Voted Against Tightening Meat And Poultry Microbiological Performance Standards. In 2000, XXXX voted against an amendment that would prohibit the Department of Agriculture (USDA) from using funds to label as "inspected and passed" any meat or poultry products that did not meet microbiological performance standards established by the Secretary of Agriculture. The amendment was rejected, 48-49. [Vote 221, 7/20/00] XXXX Voted For Increasing Funding For The Grain Inspection, Packers, And Stockyard Administration. In 2000, XXXX vote for an amendment that would increase funding for the Grain Inspection, Packers, and Stockyard Administration (GIPSA) by $3.95 million (to $31.219 million). The amendment would cut funding for the Economic Research Service by an equal amount. The motion to table was agreed to, 51-47. [Vote 220, 7/20/00] XXXX Opposed An Amendment To Tighten Meat And Poultry Standards. In 2000, XXXX voted against an amendment that would prohibit the Department of Agriculture from using funds to label as "inspected and passed" any meat or poultry products that did not meet microbiological performance standards established by the Secretary of Agriculture. The motion to table failed, 49-49. [Vote 218, 7/20/00] XXXX Voted Against Drop Grazing Fee Requirements. In 2000, XXXX voted against an amendment that would strike language requiring the Bureau of Land Management to reissue 10-year grazing permits and leases under the same terms and conditions as provided in the expiring permits or leases if the BLM were to fail to process renewal applications for those permits and lease renewals before their expiration. The amendment was rejected 38- 62. [Vote 175, 7/12/00] XXXX Voted in Favor of the Northeast Interstate Dairy Compact. In 1999, XXXX voted in favor of the Northeast Dairy Compact, which requires milk processors to pay a minimum price for milk they purchase from farmers, depending on the purpose for which the milk will be used. The bill’s opponents reflect states with larger dairy producers and processors than those in the Northeast, which want to eliminate the competition of the Northeastern dairy farmers. The vote was on whether to close debate on the conference report on FY 2000 D.C. Appropriations Bill and thus end a filibuster by Senators opposed to the extension of the Northeast Interstate Dairy Compact. The motion to invoke cloture was agreed to 87-9. [Vote 373, 11/19/99] XXXX Voted Against Requiring Country-Of-Origin Labeling. In 1998, XXXX voted against requiring country-of-origin labeling for beef and lamb. The motion to table was agreed to 53-41. [Vote 267, 9/14/98] DISASTER & EMERGENCY ASSISTANCE XXXX Voted For $4.8 Billion in Drought, Flood Relief for Farmers. In 2006, XXXX voted to add $4.8 billion in emergency funding for drought, flood and fire relief to farmers and ranchers in fiscal year 2007. “Our farm and ranch families really face a desperate situation,” argued Sen. Kent Conrad, who sponsored the funding proposal to 9

cover the 2006 crop year. [Vote 271, 12/5/06; Southwest Farm Press, 12/8/06; Omaha World-Herald, 12/7/06] XXXX Voted In Favor Of Giving Disaster Assistance to Farmers. In October 2004, XXXX voted for a resolution that would express the sense of the Senate that Congress should provide emergency spending for disaster assistance to eligible agricultural producers that is not offset by subsequent cuts to the farm bill. [Vote 209, 10/9/04] XXXX Voted Against Nearly Doubling Funding for Drought Relief for Farmers to $5.9 Billion. In 2003, XXXX voted against providing $5.9 billion for drought relief, which would have roughly doubled funding for farmers affected by drought. It would also have limited drought relief to farmers who have suffered at least 35 percent crop loss. [Vote 16, 1/22/03] XXXX Voted to Focus $3.1 Billion in Drought Relief for Farmers on Those Most Adversely Affected. In 2003, XXXX voted to reapportion the $3.1 billion of drought relief already contained in the measure. It would limit drought relief to farmers in designated counties or who have at least 35 percent of crop loss. The vote was on the Cochran, R-MS. amendment to the Fiscal 2003 Omnibus Appropriations bill. [Vote 15, 1/22/03] XXXX Voted Against Relief for Crop Losses. In November 2003, XXXX voted against an amendment that have would required the Agriculture secretary to spend such sums as necessary from the Commodity Credit Corporation for emergency financial assistance to farmers that have incurred qualifying crop and livestock losses for 2001, 2002 or 2003. [Vote 440, 11/5/03] XXXX Voted For $6 Billion in Disaster Aid for Farmers. In September 2002, XXXX voted in favor of an amendment that would provide nearly $6 billion in disaster aid for farmers. Farmers would be eligible if their losses exceed 35 percent of their average crop. Farmers would receive 60 percent of the market value of any losses that exceed 35 percent. Ranchers also would be compensated for disaster losses under a similar formula. The underlying Byrd amendment would provide $825 million to replace funds that previously were taken out for emergency wildfire suppression expenses. The substitute would appropriate $19.3 billion in fiscal 2003 for the Interior Department and related agencies and programs. XXXX was one of only 16 Senators to vote against the disaster aid. [Vote 212, 9/10/02] XXXX Voted Against Adding Emergency Funds For Crop And Livestock Losses. In 2002, XXXX voted against adding $2.4 billion in Commodity Credit Corporation emergency spending, for crop and livestock losses. The American Indian Livestock Program would receive $12 million of the $500 million provided for livestock losses. The vote was on waiving section 205 of the Budget Resolution for fiscal year 2001 for the consideration of the Baucus amendment to the Daschle (for Harkin) substitute amendment to The Agriculture, Conservation, and Rural Enhancement Act of 2001 (S. 1731). The motion was agreed to, 69-30. [Vote 25, 2/12/02] XXXX Opposed Adding Emergency Funds For Ranchers And Farmers. In 2002, XXXX voted against adding $2.3 billion in fiscal year (FY) 2002 emergency agricultural spending for ranchers and farmers. Specifically, it would provide $1.8 billion for the Crop Disaster Program for losses incurred in calendar year 2001 and $500 million for the Livestock Assistance Program, $12 million of which would be earmarked for the American Indian Livestock Feed Program. The vote was on waiving section 205(b) of H.Con. Res. 290 for fiscal year 2001 for the consideration of the Baucus amendment (No. 2701) to the Daschle substitute amendment (No. 2698) to the Hope for Children Act (H.R. 622). The motion was rejected, 57-33. [Vote 2, 1/24/02] XXXX Voted For A GOP Sponsored Special Assistance Farm Bill With $5.5 Billion In Assistance Instead Of $7.5 Billion. In 2001, XXXX supported a Republican substitute proposal to decrease the emergency agriculture assistance in the bill from the Democratic proposed $7.49 billion to $5.5 billion. President Bush threatened to veto anything with a price tag of more than $5.5 billion. Senate Agriculture Committee Chairman Tom Harkin, D-IA. said $5.5 billion was inadequate and that mainstream farm groups agreed the larger sum was needed. The amendment that McConnell voted against tabling would include $4.6 billion for Agricultural Market Transition Act (AMTA) payments, $129 million for tobacco farmer payments to quota holders, and $133.4 million for specialty crop grants to States based on the proportionate share of specialty crops they each produced. The vote was on a 10

motion to table the Lugar substitute amendment to the Agriculture Emergency Supplemental. [Vote 261, 7/31/01; Des Moines Register, 8/1/01; Des Moines Register, 8/2/01] XXXX Voted For The Conference Report On The Agricultural Risk Protections Act. In 2000, XXXX voted for the conference report on the Agricultural Risk Protection Act (H.R. 2559). The conference report included a total of $15.3 billion in agricultural economic assistance, of which $7.1 billion would be to provide immediate financial assistance to farmers and $8.2 billion would be to pay for improvements and increased subsidies over 5 years to the Federal crop insurance program. The crop insurance reforms in this bill would encourage producers to undertake additional risk management activities and encourage increased participation in the crop insurance program. It would also address perceived regional inequities in the program, and expand and improve the risk management tools available to specialty crop producers. The conference report was agreed to, 91-4. [Vote 115, 5/25/00]  XXXX Voted For Senate Passage Of A Bill To Help Farmers Manage Agricultural Risks. In 2000, XXXX voted for final passage of the Risk Management for the 21st Century Act (H.R. 2559). The bill, as amended, would raise insurance premium subsidies to make Federal crop and revenue insurance policies more affordable for farmers, particularly at higher levels of coverage. The bill would also encourage the development of insurance coverage for specialty crops and revenue insurance on a whole farm rather than on a commodity-by-commodity basis. The bill passed, 95-5. [Vote 44, 3/23/00] XXXX Opposed Disaster Relief Aid for Farmers. XXXX voted three times to kill amendments to an agriculture appropriations bill that would have provided as much as $10.8 billion in emergency agriculture assistance to farmer and ranchers, including disaster relief and income loss payments. [Vote 250, 8/3/99; Vote 255, 8/4/99; Vote 256, 8/4/99] ETHANOL AND RENEWABLE ENERGY SEE ENERGY AND ENVIRONMENT CHAPTER F XXXX Twice Voted Against Ethanol Provisions in 2005. In 2005, XXXX voted for an amendment that would have striped ethanol requirements from an amendment to the Energy Bill requiring the use of renewable fuels. Immediately following that vote, XXXX voted against adding to the Energy Bill provisions that would have required refiners to annually use 8 billion gallons of renewable fuels by 2012. [Vote 139, 6/15/05; Vote 138, 6/15/05] XXXX Voted For An Energy Bill That Would Double Use Of Ethanol And Direct $16 Billion Towards Development And Conservation. On July 31, 2003, XXXX voted for a “sweeping national energy policy that would double the use of corn-based ethanol and direct $16 billions in tax credits and incentives to spur energy development and conservation.” The AP reported: “The way was cleared for passage of the bill when Senate Republicans abandoned legislation they had been struggling over and resurrected an energy package approved by the Senate last year when Democrats were in control.” The bill would spur production of a natural gas pipeline in Alaska and rescind a Depression-era law that restricted merger activities of utility holding companies. According to CQ, the vote was on passage of a “bill that would overhaul the nation’s energy policies, restructure the electricity system and provide for approximately $15 billion in energy-related tax incentives.” It also would direct the National Highway Traffic Safety Administration (NHTSA) to set a new CAFE standard within 15 months to two years. It would encourage the use of alternative energy and require utilities to increase their reliance on renewable fuels. [HR 6, Vote 317, 7/31/03; Associated Press, 7/31/03] XXXX Voted Against Increase Liability Standards For Renewable Fuels and Ethanol; Renewables Would Have Same Standards As Any Other Fuel. In 2003 and 2005, XXXX voted against requiring that a renewable fuel used for motor vehicles or a fuel containing a renewable additive be subject to liability standards equal to or greater than those used for any other fuel or fuel additive. Iowa Senators Harkin and Grassley voted against the amendment. The amendment would have required gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phased out the use of MTBE, and eliminated a requirement that 11

gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 208, 6/5/03, Vote 137, 6/14/05] XXXX Voted To Mandate Use of Ethanol or Renewable Fuels; Required Refineries To Use 5 Billion Gallons Annually By 2012. On June 5, 2003, XXXX voted to require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 209, 6/5/03; Des Moines Register, 6/6/03]  XXXX Opposed Measure To Allow States To Decide Whether To Require Ethanol In Gasoline. On June 3, 2003, XXXX voted against an amendment that would have allowed states to decide whether ethanol should be required as an additive in gasoline. The AP reported, “The vote signaled the Senate's strong support of a proposal that would double ethanol use in gasoline to 5 billion gallons a year by 2012 and require refineries nationwide to use the fuel, except for Hawaii and Alaska.” Sen. Dianne Feinstein, the amendment’s sponsor, argued that requiring that California refiners use ethanol could cause supply shortages and lead to price spikes at the pump. She argued the requirement would have benefited mainly Midwest corn farmers and ethanol producers. The Feinstein amendment would have allowed states to exempt refiners from using ethanol if it could demonstrate to the EPA that federal clean air standards could be met without the corn-based additive. The amendment was to amend the Frist amendment, which would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 203, 6/3/03; AP, 6/3/03]  XXXX Opposed Measure To Allow Governors To Opt Out of Ethanol Requirements. On June 3, 2003, XXXX voted against an amendment that would have allowed governors to decide whether ethanol should be required as an additive in gasoline. The amendment, which was sponsored by Sen. Dianne Feinstein, was offered to a bill that would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012. The Feinstein amendment was to amend the Frist amendment, which would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 204, 6/3/03; AP, 6/3/03]  XXXX Voted To Against Allowing State and Geographic Exemptions to Ethanol Requirements If Gas Prices Would Rise By 10 Cents / Gallon. On June 4, 2003, XXXX voted against an amendment which added language that would give the President authority to exempt a state or geographic region from specific ethanol requirements for 30 days if the Energy secretary determined that the requirements had caused or will cause the average cost of gasoline to increase by at least 10 cents per gallon. The underlying amendment would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 206, 6/4/03]  XXXX Voted Against Exempt All But Midwestern States From Ethanol Mandate. On June 5, 2003, XXXX voted against an amendment which added language that have would exempted all states except for those in the Midwest from the ethanol mandate contained in the underlying Frist amendment. The Frist amendment also required gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 207, 6/5/03] XXXX Voted For Energy Bill That Would Double Use Of Ethanol And Direct $16 Billion Towards Development And Conservation. On July 31, 2003, XXXX voted for a “sweeping national energy policy that 12

would have doubled the use of corn-based ethanol and direct $16 billions in tax credits and incentives to spur energy development and conservation.” [Vote 317, 7/31/03; AP, 7/31/03] XXXX Supported An Energy Bill That Included a Mandate To Triple Ethanol Production And $14 Billion In Energy Tax Incentives. In 2002, XXXX supported an energy bill that tripled the amount of ethanol to be used as an additive in gasoline and included a $14 billion in energy tax incentives for production and for conservation. The vote was on a cloture motion on the Daschle further modified substitute amendment to the National Laboratories Partnership Improvement Act of 2001. [Vote 77, 4/23/02; Associated Press, 4/23/02; Associated Press, 4/24/02] XXXX Voted Against Giving Foreign Companies That Convert Chicken Droppings Into Fuel A Tax Break. In July 1999, XXXX voted for an amendment to the Taxpayer Refund Act of 1999 by Sen. Ashcroft that would have struck a provision of the bill providing a tax credit for companies that use chicken waste (manure) to make electricity. According to the Baltimore Sun, "But by a vote of 77-23, the senators beat back an effort to delete a Roth plan that would provide a $50 million tax credit for converting chicken manure to electricity. The tax credit is intended as an incentive for a British company that is considering building power plants in the Delmarva Peninsula and in Minnesota equipped with new technology that converts the chicken droppings into fuel. Sen. John Ashcroft, a Missouri Republican, argued that this proposal "gives a break to foreign corporations when there are U.S. companies capable" of converting chicken manure "into something useful." Two companies in his home state, Ashcroft said, turn poultry waste into pollution-free fertilizer." The amendment was rejected 23-77. [Vote 246, 7/30/99; Baltimore Sun, Hosler, 7/31/99] SPENDING, SUBSIDIES, AND TAXES XXXX Opposed Amendment to Cut Farm Subsidies. In December 2007, XXXX voted against an amendment to the Farm Bill that would have cut more than $2 billion in spending from the federal crop insurance program and used the savings to fund improvements to conservation programs and nutrition programs, and to reduce the federal budget deficit. The amendment failed 32-63. [Vote 428, 12/13/07; CQ Today, 12/11/07] XXXX Rejected Additional $2 Billion for Ag Programs. In 2006, XXXX voted against adding $2 billion for agriculture programs to the fiscal 2007 Budget Resolution and offsetting the increase by closing corporate tax loopholes. [Vote 66, 3/16/06] XXXX Voted To Keep $74.5 Million for Ag Programs. XXXX voted not to cut $74.5 million in funding for crop, dairy and livestock programs from the fiscal year 2006 Supplemental appropriations bill. Sen. John McCain, who proposed the funding cut, argued that the money would reward productivity and, as such, did not belong in an emergency spending bill. [Vote 108, 5/3/06; National Journal’s CongressDaily, 5/4/06; McCain Press Release, 5/3/06] XXXX Voted to Cut $2.8 Billion From Ag Programs. In March 2005, XXXX voted to cut mandatory agriculture funding by $2.8 billion between 2006 and 2010. Sen. Max Baucus and other critics argued that the cuts were not proportionate to agriculture's share of the federal budget, representing 16.5% of the mandatory spending cuts but only 1% of the entire federal budget. "Agriculture is a small portion of the federal budget, and it is expected to shoulder huge cuts," Baucus said. [Vote 69, 3/17/05; CQ Today, 3/18/05; Gannett News Service, 3/18/05] XXXX Voted Against Capping Farm Subsidies. In 2005, XXXX voted against a motion to cap farm commodity program payments at $250,000 a year for married couples and $125,000 per individual, down from the existing limit of $360,000. A cap was expected to be hardest on Southern cotton and rice growers who depend more on federal subsidies than Midwest grain producers. The proposal XXXX rejected also would delay the 2.5% across- the-board cut in farm program payments, adopted by the Senate Agriculture Committee, for one year, until 2007. [Vote 290, 11/3/05; Wichita Eagle, 11/3/05; National Journal’s CongressDaily, 11/3/05; Des Moines Register, 11/3/05] 13

XXXX Voted Against Energy Tax Credit for Farmers. In November 2005, XXXX voted against providing a Federal tax credit to farmers for 30 percent of their 2005 energy costs up to $3,000 per farmer. Qualified energy costs included those for fuels, utilities, fertilizers, heating and drying used in farming businesses of taxpayers during calendar year 2005. The $3 billion tax credit would be offset by closing tax loopholes for big oil companies. [Vote 345, 11/17/05; Congressional Record, 11/17/05] XXXX Voted to Fund the Conservation Reserve Program. In November 2003, XXXX voted against an amendment that would bar the Agriculture Department from apportioning funds made available from other conservation programs to fund technical assistance for the Conservation Reserve Program. [Vote 442, 11/6/03] XXXX Voted Against the 2002 Farm Bill, Massive Subsidy Increases. In 2002, XXXX voted against a new farm bill re-establishing programs that supply payments to farmers when commodity prices fall below a specified level. It also raised mandatory and direct farm program spending by $73.5 billion over 10 years, provided $243 billion for food stamps and restored benefits for legal immigrants, and increased conservation spending to $17.1 billion. It also lowered the total limit on payments to individual farmers to $360,000 and authorized a new $1 billion dairy program for three and a half years. [Vote 103, 5/8/02] XXXX Voted Against Restrict Federal Environmental Subsidies For Certain Livestock Operations. In 2002, XXXX voted against restrict federal environmental subsidies for new and expanding livestock operations. The Wellstone amendment would exclude new large Confined Animal Feeding Operations (CAFOs) from receiving Environmental Quality Incentives Program (EQIP) cost-share funds. The amendment was rejected, 44-52. [Vote 15, 2/6/02; National Journal's Congress Daily, 2/7/02] XXXX Voted For A $275,000-Per-Farm Cap On Agriculture Subsidies. In 2002, XXXX voted against killing a $275,000-per-farm cap on agriculture subsidies. Under existing rules, farms could receive unlimited subsidies for production of grain, cotton and soybeans, and growers could get $80,000 more under a separate program that provides fixed annual payments. Southern Democrats trying to protect subsidies to large cotton and rice operations threatened to abandon the bill if the payment limit were approved. Republican Senator Grassley of Iowa earned praise from Democrat Senator Harkin of Iowa for playing a major role by pushing for the cap. The vote was on a motion to table the Dorgan/Grassley amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 18, 2/7/02; Associated Press, 2/7/02; Des Moines Register, 2/14/02] XXXX Voted Against An Amendment To Create A Uniform Aid Program For Farmers. XXXX voted against eliminating existing commodity programs and in lieu thereof add a new commodity program that would give a $7,000 annual payment from 2003 through 2006 to all agricultural producers with $20,000 or more in annual income from farming. The vote was on the Lugar amendment to the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001 (S. 1731). The amendment was rejected, 11-85. [Vote 19, 2/7/02] XXXX Voted to Lower Crop Subsidies In Order To Create IRA-Style Savings Accounts For Farmers. In 2002, XXXX voted to lower crop subsidies slightly in order to create IRA-style savings accounts for farmers, an idea endorsed by the Bush administration. The vote was on the Harkin perfecting amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 26, 2/12/02; Associated Press, 2/12/02] XXXX Voted Against Final Passage Of The 2002 Senate Rural Enhancement Act. In 2002, XXXX voted against final passage, as amended, of the Agriculture, Conservation, and Rural Enhancement Act of 2001 (H.R. 2646). The farm bill substantially increased mandatory spending, primarily on farm income support programs. Most of the assistance went to large farms that produce crops for which assistance has historically been given. The bill also included substantial sums for food assistance programs (primarily the Food Stamp Program). The bill passed, 58-40. [Vote 30, 2/13/02] XXXX Voted to Increase Agricultural Spending And Keep The Bush Tax Cut. In 2001, XXXX voted to increase spending by $3.5 billion for the Natural Resources and Environment function and $60 billion for the Agriculture function, with the stated goal of further funding agriculture's mandatory Commodity Credit Corporation 14

price supports, related programs, and conservation. The amendment would utilize $63.5 billion from the on-budget surpluses and would not reduce the President's proposed 10-year, $1.6 trillion tax relief package. The amendment was agreed to, 51-49. [Vote 67, 4/4/01] XXXX Voted Against Reducing Tax Cuts And Increasing Agricultural Spending. In 2001, XXXX voted against denying $88 billion of the $1.6 trillion in tax cuts and would instead spend it on the Natural Resources and Environment function and the Agriculture function, with the stated hope that it would be spent on emergency assistance for agricultural commodities producers in FY 2001 and on farm and conservation programs during FYs 2002- 2011. The amendment was rejected, 47-53. [Vote 68, 4/4/01] XXXX Voted For A Budget Resolution That Included A $66.15 Billion Agriculture Reserve Fund. In 2001, XXXX voted for the conference report to the House Concurrent Budget Resolution for fiscal years 2002-2011 (H.Con. Res. 83). The bill included $66.15 billion agriculture reserve fund ($63 billion for agriculture programs and $3.15 billion for conservation programs). The conference report was agreed to, 53-47. [Vote 98, 5/10/01] XXXX Voted to Stall the Senate’s Farm Aid Legislation. On a vote of 49-48, the Senate rejected a measure to bring the Senate’s Agriculture bill to the floor for a vote. XXXX chose the party line over a bill to provide $7.4 billion in farm aid to America’s farmers who were hurt by low prices in 2001. Senator Harkin’s (D-IA) agriculture committee passed the $7.4 billion supplemental bill to aid farmers and to provide money for conservation programs. When the bill went to the floor, Republicans used stalling tactics to run the clock out before the Senate’s summer recess. [Vote 273, 8/3/01] XXXX Voted In Support of 2001 Farm Bill. In 2001, XXXX voted to support the 2001 Farm Bill. The Farm Bill XXXX supported would amend and extend for 5 years farm income support, land conservation, credit assistance, food assistance, trade promotion, marketing assistance, and rural development programs. Mandatory spending, primarily on farm income support programs, would be substantially increased, and several new mandatory- spending programs would be created. Democrats said the bill would cost $170 billion over 10 years. The vote was on a cloture motion to close debate on the motion to proceed to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 352, 12/5/01; National Journal’s Congress Daily, 12/5/01] XXXX Voted Against Harkin’s Substitute 2001 Farm Bill. XXXX voted against the Farm Bill which would have renewed federal farm programs set to expire in October 2002. [Vote 377, 12/23/01] XXXX Voted To Phase Out The Sugar Program. In 2001, XXXX voted in support of phasing out the sugar program and would spend any savings that occurred on the Food Stamp Program. The motion to table was agreed to, 71-29. [Vote 364, 12/12/01] XXXX Opposed Creating A $30 Billion Reserve Fund for Farmers. In March 1999, XXXX voted to table an amendment to the Concurrent Budget Resolution for Fiscal Years 2000-2009 by Sen. Dorgan that would strike the bills $6 billion reserve fund for farmers and replace it with a $30 billion reserve fund for farmers. The motion to table was agreed to 53-45. [Vote 75, 3/25/99] XXXX Voted Against Assistance to Tobacco Farmers. In April 1998, XXXX voted against an amendment to the Senate Concurrent Budget Resolution for Fiscal Year 1999-2003 by Sen. Robb that would have amended the section creating a tobacco reserve fund in order to allow the Federal receipts that may come from new tobacco taxes be used to provide transition assistance to tobacco farmers as well as to strengthen the Medicare Hospital Trust Fund. Motion Rejected 31-67. [Vote 83, 4/2/98] XXXX Voted Against Eliminating Support for Tobacco Farmers. In 1997, XXXX voted against eliminating federal support for crop insurance for tobacco farmers. The motion to table was agreed to 53-47. [Vote 196, 7/23/97] MISCELLANEOUS 15

XXXX Voted Against Reauthorizing Mexican Rural Development Funding. In July 2003, XXXX voted against an amendment that have would authorized $100 million in fiscal 2004 for aid to Mexico, focused on micro credit lending, small business and entrepreneurial development, assistance for small farms and farmers hurt by declining coffee prices, and strengthening a system of private property ownership in rural communities. It would also express the sense of Congress that the U.S. government should work with Mexico on rural development assistance programs. [Vote 268, 7/10/03] XXXX Voted in Favor of Protecting North American Catfish From Vietnamese Imports. In 2001, XXXX voted to ensure that only North American catfish were allowed to be labeled as “catfish.” The amendment XXXX voted to table would have blocked an attempt to protect the domestic catfish industry from fish imported from Vietnam that are being sold as catfish. The vote was on a motion to table the Lugar (for McCain) amendment to the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [S 1731, Vote 373, 12/18/01; Congressional Quarterly Daily Monitor, 12/18/01] XXXX Voted Against Killing an Attempt to Allow Agriculture Secretary To Review Other Federal Agencies' Actions. In 2001, XXXX voted against killing an attempt to allow the Agriculture secretary to review other federal agencies' actions and recommend that the president overturn them if they harm farmers economic security or personal safety. Amendment sponsor Christopher S. Bond, R-Mo., said it would have been a "lifesaver to help farmers oppressed by bad federal regulations." Opponents said the provision would have made it impossible to enforce the Endangered Species Act, the Clean Water Act and other laws. The vote was on a motion to table the Bond amendment to the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 365, 12/13/01; Congressional Quarterly Daily Monitor, 12/13/01] XXXX Voted to Give Farmers More Options In Disputes With Agribusinesses. In 2001, XXXX supported an amendment designed to give farmers more options in disputes with agribusinesses. The amendment XXXX voted for would reform mandatory arbitration clauses in agriculture contracts. Farmers would get a choice as to whether arbitration, mediation or civil action is the proper forum for resolving their disputes. The vote was on the Feingold/Grassley amendment to the Daschle (for Harkin) substitute amendment to the Agriculture, Conservation, and Rural Enhancement Act of 2001. [Vote 366, 12/13/01; Congressional Quarterly Daily Monitor, 12/13/01; United Press International, 12/14/01] XXXX Opposed Measure Placing a Moratorium on Mergers or Acquisitions Involving Giant Agribusiness. XXXX voted against an amendment to the Bankruptcy Reform Act of 1999 that would have placed a moratorium on mergers or acquisitions involving agribusinesses in which one business had annual net revenue or assets of more than $100 million and the other business had annual net revenue or assets of more than $10 million. The moratorium would have lasted for 18 months or until legislation was passed to limit concentration in agriculture markets. Farmer cooperatives would be exempt from the moratorium. The amendment was rejected 27-71. [Vote 366, 11/17/99] XXXX Voted to Allow Alien Agriculture Workers. XXXX voted in favor of an amendment by Sen. Gordon Smith that established a system of registries for domestic temporary and seasonal agriculture workers, streamlined the process of hiring foreign agriculture workers when domestic workers were unavailable. The amendment was agreed to 68-31. [Vote 233, 7/23/98] 16

BANKING AND CORPORATE REFORM HIGHLIGHTS THE XXXX RECORD BAILOUT / TARP XXXX Voted Against the $700 Billion Financial Rescue Package (TARP). In October 2008, XXXX voted against a Senate version of the $700 billion financial rescue package, which would allow Treasury to use the money, in installments, to buy certain mortgage assets. The bailout’s core provisions are essentially unchanged from the version (HR 3997) defeated in the House, but the Senate bill added a provision expanding FDIC insurance coverage and a provision to extend expiring tax provisions. The tax measure would stop the alternative minimum tax (AMT) from reaching into the pockets of millions more Americans; expand existing tax breaks for renewable energy, and renew the research and development credit for businesses. The bill passed 74-25. [CQ Today, 10/01/08; Vote 213, 10/01/08] XXXX Voted to Prevent Release of the Second Half of the $700 Billion in Financial Rescue Funds. In January 2009, XXXX voted for a resolution of disapproval that would have withheld the remaining half of the $700 billion bailout fund provided under the 2008 financial industry rescue package. The resolution was rejected 42-52. [Vote 5, 1/15/09] AUTO BAILOUT XXXX Voted Against a $14 Billion Emergency Loan Package for American Automakers. In December 2008, XXXX voted against a motion to invoke cloture on a “shell” bill that would be used as a vehicle for the $14 billion emergency loan package for U.S. automakers. The bill would authorize up to $14 billion in bridge loans to the Big Three automakers. The amounts would have to be sufficient to fund operations at the automakers and avoid a company failure. The auto companies would have to submit long-term restructuring plans to the new administrator for approval by March 31, or 30 days later, if given an extension, or the loans would be recalled. The administrator would have to establish rules limiting certain executive compensation at participating auto companies. The motion failed 52-35, short of the 60 needed. [CQ Today, 12/11/08; Vote 215, 12/11/08] BANKRUPTCY REFORM XXXX Voted for Final Passage of Bankruptcy Bill. In March 2005, XXXX voted for final passage of the Bankruptcy Reform bill. The bill created a means test tied to the median incomes of individual states to determine whether personal bankruptcy filers were able to repay some or all of their debts. Those deemed able to pay would be pushed into Chapter 13 bankruptcy, which results in a court-ordered repayment plan; those with insufficient assets would be allowed to file under Chapter 7, which erases debts after the forfeiture of certain assets. The bill would exempt disabled veterans from the means test if their debts were incurred primarily when they were on active duty or performing homeland defense duties. It also would make a number of debts non-dischargeable, including student loans, child support, alimony and luxury payments over $500 made within three months of a bankruptcy filing. [Vote 44, 3/10/05] XXXX Voted to Give Bankruptcy Courts Only Limited Access to Protected Assets. In March 2005, XXXX voted for an amendment that would allow bankruptcy courts to access assets in asset protection trusts up to 10 years 17

before the owner filed a bankruptcy petition. It also would require courts to show that the owner of such a trust had the intent of defrauding creditors and employees. [Vote 42, 3/10/05] XXXX Voted to Place Restraints on Bankruptcy Courts. In March 2005, XXXX voted against an amendment that would strike language in the underlying amendment that would require bankruptcy courts to show that the owner of an asset protection trust had the intent of defrauding creditors and employees. The Talent amendment would allow bankruptcy courts to access assets in such trusts up to 10 years before the owner filed a bankruptcy petition. [Vote 41, 3/10/05] XXXX Voted to Toughen Bankruptcy Laws on Disabled Workers. In March 2005, XXXX voted against an amendment that would change the bill’s definition of current monthly income to specify that the definition excludes income from a debtor’s former job and income from any activity the debtor can no longer engage in due to disability. [Vote 37, 3/10/05] XXXX Voted to Toughen Bankruptcy Laws on Single Parents. In March 2005, XXXX voted against an amendment that would exempt debtors from the means test if they failed to receive alimony or child support in any consecutive 12-month period in the two years before filing a bankruptcy petition and the amount exceeded 35 percent of the debtor’s household income. [Vote 36, 3/10/05] XXXX Voted Against Ensuring that Debtors had Enough Money to Provide for their Children. In March 2005, XXXX voted against an amendment to the Bankruptcy reform bill that would have ensured that debtors would have had the resources to provide for their family while in bankruptcy. The amendment would have altered the means test to provide greater flexibility when calculating a debtor’s ability to pay, and broaden allowable monthly expenses to ensure that parents had the resources to support their children throughout bankruptcy. It also would have allowed debtors to keep personal property found in or around the home, excluding cars, and ensure that support payments and tax refunds not become the property of the bankruptcy estate. [Vote 34, 3/9/05] XXXX Voted to Toughen Bankruptcy Laws on Teenagers. In March 2005, XXXX voted against an amendment that would not allow creditors to file a bankruptcy claim if the claim is based on the extension of credit to individuals age 21 or younger who, at the time the credit was extended, did not have a parental or spousal co-signer, had an income level below the poverty line and already had six or more unsecured credit cards. [Vote 33, 3/9/05] XXXX Voted Against Exempting Low Income Workers from Means Test in Bankruptcy Bill. In March 2005 XXXX voted against an amendment that would have exempted low income workers from the means test in the Bankruptcy Reform Bill. The amendment would have exempted any workers who made below the median income. [Vote 31, 3/9/05] XXXX Voted for Cloture on Bankruptcy Bill, that Made it More Difficult for Debtors to Seek Relief. In March 2005, XXXX voted to end debate on the Bankruptcy Reform Bill. The bill made it easier for a bankruptcy court to move debtors from Chapter 7 of the bankruptcy code, which allowed most debts to be discharged, to Chapter 13, which required a reorganization of debts under a repayment. [Vote 29, 3/8/05] XXXX Voted to Protect Violent Protesters Including Abortion Protestors from Liability by Allowing Them to Declare Bankruptcy. In March 2005, XXXX voted against an amendment to the Bankruptcy Overhaul bill that would have prohibited violent protesters, such as anti-abortion activists, from escaping court-ordered fines or judgments by filing for bankruptcy protection. It would have barred such debtors from discharging debts, such as damages, court fines, penalties, citations or attorney fees, incurred from acts of violence or potential acts of violence. [Vote 28, 3/8/05] XXXX Voted Against Punishing Corporate Fraud in Bankruptcy Court. In March 2005, XXXX voted against an amendment to the Bankruptcy Overhaul bill that would have punished perpetrators of corporate fraud in bankruptcy court. The amendment would have increased the period of time during which a bankruptcy court could recapture assets of corporate executives who mad fraudulent transfers from one to four years. It also gave employees and retirees a priority unsecured claim in bankruptcy court for the value of company stock held for their 18

benefit in an employee pension plan, unless the beneficiary had the option to invest the assets in another way. [Vote 25, 3/3/05] XXXX Voted Against Allowing Employees to Recoup Back Pay and Healthcare Costs if Their Employer Declared Bankruptcy. XXXX voted against an Amendment to the Bankruptcy Reform bill that would have allowed employees to recover up to $15,000 in back pay or other compensation owed to them if their company declared bankruptcy. The amendment would also have entitled retirees to payment equal to the cost of buying health insurance for a period of 18 months if an employer reduced retiree health care benefits as part of a bankruptcy plan. [Vote 24, 3/3/05] XXXX Voted Against Making It Illegal To Hide Assets In Bankruptcy. XXXX voted against prohibiting debtors from transferring more than $125,000 in assets into an asset protection trust within the 10-year period prior to filing bankruptcy. The amendment was rejected 39-56. [Vote 23, 3/3/05] XXXX Voted Against Protecting Debtors from Lenders Who Violate the Truth in Lending Act. In March 2005, XXXX voted against an amendment that would prohibit high cost mortgage lenders from collecting on their claims in bankruptcy court if they extend credit in violation of the Truth in Lending Act. [Vote 22, 3/3/05] XXXX Voted Against Protecting Victims of Identity Theft From Provisions of Bankruptcy Bill. In March 2005, XXXX voted against an amendment to the Bankruptcy Reform bill that would have protected the rights of those who suffered from identity theft to file for bankruptcy. The amendment would have exempted victims of identity theft from the means test provisions of the bill. [Vote 21, 3/3/05] XXXX Voted Against Setting Credit Card Interest Rating Ceiling. In March 2005, XXXX voted against an amendment to the Bankruptcy reform bill that would have set 30 percent ceiling on interest rates for loans or credit cards. [Vote 20, 3/3/05] XXXX Voted Against an Amendment to Exempt Debtors from Bankruptcy Means Test if they Lost Their Job While Taking Care of a Sick Family Member. In March 2005, XXXX voted against an amendment to the Bankruptcy Reform bill, which would have exempted debtors from the means test in the bill if they were taking care of a sick family member. The amendment covered any individuals who incurred substantial medical debt on behalf of a family member, such as a parent or grandparent, or who experienced a reduction in employment status while caring for such a family member. [Vote 18, 3/2/05] XXXX Twice Voted to Make it More Difficult For People with High Medical Expenses from Filing for Bankruptcy. In March 2005, XXXX twice voted to make it more difficult for those with high medical expenses to file for bankruptcy. XXXX voted against an amendment to the Bankruptcy reform bill that would have exempted debtors from a bankruptcy means test if their financial troubles were caused by medical expenses. XXXX also voted against amendment hat would have allowed those declaring bankruptcy. [Vote 17, 3/2/05; Vote 16, 3/2/05] XXXX Voted Against Amendment Requiring Credit Card Companies to Give Credit Counseling to Debtors. In March 2005, XXXX voted against an amendment to the Bankruptcy Overhaul bill that would have required credit card companies to give debtors information about credit counseling. The amendment would have required credit card companies to issue a warning notification on monthly statements stating that a minimum payment would increase the amount of interest paid and the time it would take to repay the outstanding balance. It would also have required companies to disclose the amount required for the consumer to pay off the outstanding balance in three years, if no further advances were made. It also would require credit card companies to provide a toll free number for consumers to receive information about credit counseling and debt management assistance. [Vote 15, 3/2/05] XXXX Voted Against Allowing Elderly to Claim Federal Homestead Exemption. In March 2005, XXXX voted against an amendment that would have created a federal homestead exemption of $75,000 for debtors over the age of 62. [Vote 14, 3/2/05] 19

XXXX Voted Against Exempting Troops, Veterans, and their Widows from Means Tests. In March 2005, XXXX voted against an amendment to the Bankruptcy Overhaul bill that would have exempted members of the armed forces, veterans, and spouses of service members who die in military service from application of the bill’s means test provisions. It also would have allowed them claim a minimum homestead exemption of $75,000 or choose the exemption in the state in which they file, whichever is higher. [Vote 13, 3/1/05] XXXX Voted to Make it Easier for Low Income Veterans and Active Duty Service Members to Claim “Safe Harbor” Provision of Bankruptcy Bill. In March 2005, XXXX voted for an amendment to the Bankruptcy Overhaul bill that made it more difficult for low-income veterans, debtors who have medical conditions, or those called or ordered to active duty to qualify for the “safe harbor” provision of the bill. The amendment required these individuals to satisfy all the procedural requirements of a means test used by bankruptcy judges to determine whether debtors have the ability to repay some or all of their debts. [Vote 12, 3/1/05] XXXX Voted For Senate Passage Of The Bankruptcy Reform Act Of 2001. In 2001, XXXX voted to send negotiators the Senate version of the Bankruptcy Reform legislation making it tougher for people to erase credit card and other debt in bankruptcy court. The legislation XXXX voted for would enact reforms to prevent upper- income creditors who have the means of repaying some or all of their debts from unjustly filing for bankruptcy and to protect consumers from unfair credit practices. Under the bill, a bankruptcy judge would be allowed to dismiss a Chapter 7 case if the system was being “abused” or, alternatively, to convert it into a Chapter 11 or a Chapter 13 case if the system was being abused and if the petitioner consents. The conference committees could not successfully reach a compromise, and as such, the bill never became law. The vote was on passage of the Bankruptcy Reform Act of 2001. [HR 333, Vote 236, 7/17/01] XXXX Voted Not To Require A Study Of The Bankruptcy Bill’s Effects. In 2001, XXXX voted Sen. Wellstone’s amendment to require the General Accounting Office (GAO): to conduct a study of the effects of the underlying bill on the number and cost of chapter 7 and chapter 13 filings, on the number and success rate of chapter 13 plan confirmations, on consumer credit, and on the ability of debtors below median income to obtain bankruptcy relief; to report the results of the study to Congress within two years of the bill's date of enactment; and to collect data on the number of reaffirmations by debtors under title 11, the identity of the creditors in such reaffirmations, and the type of debt that is reaffirmed. The amendment was agreed to, 52-46. [HR 333, Vote 235, 7/17/01] XXXX Voted To Pass The Senate Bankruptcy Reform Act Of 2001. In 2001, XXXX voted for the most sweeping overhaul of bankruptcy laws in 20 years, to prevent upper-income creditors who have the means of paying some or all of their debts from unjustly filing for bankruptcy, and to enact reforms to protect consumers from unfair credit practices. The legislation applies a new standard for determining whether people filing for bankruptcy should be forced to repay their debts under a court-approved reorganization plan rather than having them dissolved. If a debtor were found to have sufficient income to repay at least 25 percent of the debt over five years, a reorganization plan generally would be required. The vote was on final Senate passage, as amended, of the Bankruptcy Reform Act of 2001. [S 420, Vote 36, 3/15/01; Associated Press, 3/15/01] XXXX Voted Against Lifting A Limit On A Debtor’s Chapter 13 Bankruptcy Filings. In 2001, XXXX voted against Wellstone’s amendment that would strike the bill provision that prohibits a debtor from filing for bankruptcy under chapter 13 more than once every 5 years (under chapter 13, a debtor enters into a repayment plan to eliminate a portion of his or her debt over a number of years, after which any remaining debts are discharged). The amendment was rejected, 36-63. [S 420, Vote 34, 3/15/01] XXXX Voted Against Separating Spouses Incomes In Bankruptcy Proceedings. In 2001, XXXX voted against amending the means test that the bill used to determine whether a bankrupt's income level is above the median level for the State. The amendment would change the part of the test that will require both the income of a debtor and a debtor's spouse to be considered in the means test to a requirement that both spouses' income be considered only in joint cases. The amendment was agreed to, 56-43. [S 420, Vote 32, 3/15/01] 20

XXXX Voted To Protect The Confidentiality Of Children In Bankruptcy Proceedings. In 2001, XXXX voted for the Leahy modified amendment to the Bankruptcy Reform Act of 2001 (S. 420). The amendment would provide that a debtor in bankruptcy proceedings could be required to provide information regarding a minor child but could not be required to disclose in public records the name of that child. A debtor could be required to disclose the name of a minor child in a nonpublic record maintained by the bankruptcy court; a bankruptcy judge, trustee, or auditor could inspect that record but would be required to maintain the confidentiality of the identity of the child. The amendment was agreed to, 99-0. [S 240, Vote 31, 3/15/01] XXXX Voted Against Capping The Amount Of Home Equity Shielded From Creditors In Bankruptcy Court At $125,000. In 2001, XXXX voted against an effort to cap the amount of home equity shielded from creditors in bankruptcy court at $125,000. Bush, who supported a sweeping overhaul of the bankruptcy laws, was opposed to the $125,000 cap. The provision was designed to close a loophole in current law, the so-called homestead exemption, which allowed wealthy debtors to shield their assets in luxury homes. The vote was on an amendment to the Bankruptcy Reform Act of 2001. After the vote, the amendment was adopted by voice vote. [S 420, Vote 30, 3/15/01; Associated Press, 7/17/01] XXXX Voted to Invoke Cloture on Bankruptcy Overhaul. In March 2001, XXXX voted to invoke cloture (thus limiting debate) on the bill that would revise bankruptcy laws to make it easier for courts to move debtors from Chapter 7 of the bankruptcy code, which allows most debts to be discharged, to Chapter 13, which requires a reorganization of debts under a repayment plan. [S 420, Vote 29, 3/14/01] XXXX Voted Not To Deny Bankruptcy Claims For Loans With Annualized Interest Rates In Excess of 100%. In 2001, XXXX voted against supporting the Wellstone modified amendment to the Bankruptcy Reform Act of 2001 (S. 420). The Wellstone modified amendment would deny any claims of lenders in bankruptcy if those claims were for loans they gave which, if they had been given on an annualized basis, would have had interest rates in excess of 100 percent. For instance, if a "payday" lender gave a $100 loan for 1 week for a fee of $5, the equivalent yearly fee would be $260, or 260 percent, so that lender would not be entitled under the Wellstone amendment to recover any of the loan amount if the borrower declared bankruptcy. The motion to table was agreed to, 58-41. [S 420, Vote 28, 3/14/01] XXXX Opposed Consumer Protections and Stiffer Penalties for Predatory Lenders. In 2001, XXXX voted to reject added restrictions on credit card companies, requirements that the companies disclose more information to consumers and stiffer penalties for predatory lenders. The vote was on substitute amendment to the Bankruptcy Reform Act of 2001. [S 420, Vote 27, 3/14/01] XXXX Voted Against Limiting The Discharge Of California Utilities’ Debts. In 2001, XXXX voted to table the Wyden amendment to the Bankruptcy Reform Act of 2001 (S. 420). The Wyden amendment would prohibit, in Chapter 11 proceedings, the discharge of a California private utility's debts incurred from the receipt of wholesale electric power that was sold under an order issued by the Secretary of Energy under the Federal Power Act. The motion to table was agreed to, 67-30. [S 420, Vote 26, 3/14/01] XXXX Opposed Making It Illegal To Give A Credit Card To A Minor, With Certain Exceptions. In 2001, XXXX voted against making it illegal to give a credit card or open-end credit plan to anyone under the age of 21 unless: a parent, legal guardian, spouse, or other individual with means of repaying any debts incurred cosigned for the credit card or credit plan; the person under the age of 21 submitted information indicating an independent means of repaying any obligation arising from the proposed extension of credit; or the applicant provided proof that he had completed a credit counseling course by an approved non-profit budget and credit counseling agency. The motion to table was agreed to, 58-41. [S 420, Vote 25, 3/13/01] XXXX Voted Not To Hold Secondary Mortgage Companies Liable For Claims Against Acquired Assets. In 2001, XXXX voted against requiring any secondary mortgage company which purchased the financial assets (credit contracts and transactions) of a financial institution which had filed for bankruptcy to be held liable for all claims and defenses related to those assets to the same extent that the secondary company would have been held liable had the sale taken place other than under bankruptcy. The motion to table failed, 44-55. [S 420 Vote 24, 3/13/01] 21

XXXX Voted Against Protecting Retirement Accounts During Bankruptcy. In March 2001, XXXX voted against an amendment that would remove the provision in the bill that would provide a $1 million cap on the amount of individual retirement account contributions protected by bankruptcy. [S 420, Vote 21, 3/13/01] XXXX Voted Not To Cap Credit Cards Issued To Minors. In 2001, XXXX voted against requiring a $2,500 cap on any credit card issued to an adult under the age of 21, unless he or she submitted an application with the signature of his or her parent or guardian indicating joint liability for debt or unless he or she submitted financial information indicating an ability to repay the debt that the card accrued. Also, the amendment would require the written approval of the cosigner to increase credit lines for accounts for which the cosigner was liable. The motion to table was agreed to, 55-42. [S 420, Vote 20, 3/13/01] XXXX Voted Against Striking Small Business Bankruptcy Reforms. XXXX voted against the Kerry amendment (No. 26) to the Bankruptcy Reform Act of 2001 (S. 420). The Kerry amendment would strike small business bankruptcy reforms, including streamlined, standardized forms so small business debtors would be able to manage bankruptcies more cheaply. Nationwide, uniform reporting requirements would be established that would simplify current procedures. The amendment would also require a study and report on the subject of small business bankruptcies. The motion to table was agreed to, 55-41. [S 420, Vote 19, 3/8/01] MISCELLANEOUS XXXX Voted Against Ending “Janitors Insurance” Corporate Loophole. In 2003, XXXX voted against an amendment that would remove a provision of the tax code that allows a company to purchase life insurance policies for non-critical employees without the employee’s knowledge, making the company eligible for a tax break. [S 1054, Vote 175, 5/15/03; National Journal’s “The Hotline,” 5/16/03; Senator Edwards release, 5/15/03] XXXX Voted For An Amendment To Require Notification Of Customers When Their Financial Information Will Be Shared. In November 2003, XXXX voted for an amendment that would strike the section of the bill related to the sharing of information between subsidiaries owned by the same company and replace it with provisions that would require financial institutions to notify consumers that their financial information will be shared with affiliates and provide customer the right to opt out. [S 1753, Vote 434, 11/4/03] XXXX Voted Against Requiring the FERC to Review Mergers. In July 2003, XXXX voted for the Domenici, R-NM, motion to table (kill) the Bingaman, D-NM, amendment to the Domenici amendment. The Bingaman amendment would strike language from the underlying amendment pertaining to electric utility mergers and replace it with language that would expand the power of the Federal Energy Regulatory Commission (FERC) to review mergers, acquisitions and disposition of assets of holding companies that own utilities; certain electric and gas company mergers; and generation facilities. It would establish stronger standards for FERC approval of such transactions and provide for expedited review of certain transactions. The Domenici amendment would repeal the 1935 Public Utilities Holding Company Act and lift restrictions on who can own utilities. It would clarify that FERC has no power to compel utilities to join regional power transmission organizations. Some of the cost of expanding wholesale power transmission networks would shift from households to major industrial utility customers and the utilities that serve them. [S 14, Vote 313, 7/30/03] XXXX Voted Against Closing “Enron Loophole” and Increasing Energy Trading Regulation and Transparency. In 2003, XXXX to kill an amendment that regulated online trading of energy derivatives and imposed stringent penalties for market manipulation. Sen. Dianne Feinstein (D-CA) described her amendment as closing the “Enron loophole” by attempting to fix the Commodity Futures Modernization Act of 2000 that exempted energy trading from regulation after intensive lobbying by Enron. The exemption allows firms to buy and sell billions of dollars worth of electricity, natural gas, oil, gasoline, and other petroleum products without disclosing information on those deals to the Commodity Futures Trading Commission (CFTC). The amendment would give the Commodity Futures Trading Commission (CFTC) regulatory oversight of all derivative transactions of energy commodities, except for metals. It would subject electronic transactions to broad disclosure and transparency requirements, require electronic trading facilities and dealer markets to maintain sufficient capital to 22

cover all operations, and require the CFTC and the Federal Energy Regulatory Commission to meet quarterly and discuss how derivative energy markets are functioning. [S 14, Vote 218, 6/11/03; Oil Daily, 6/11/03] XXXX Voted to Overhaul Regulation of the Accounting Industry. In July 2002, XXXX voted for a bill that would require more complete disclosure of corporate finances and overhaul regulation of the accounting industry. It would establish a new oversight board, funded by fees on publicly traded companies, to police accounting firms. The agreement would forbid firms from providing investment banking, management consulting and other services for publicly traded companies. It would require additional corporate reporting and disclosure requirements. In cases of security fraud, it would impose civil monetary penalties and require executives engaged in financial misconduct to pay back bonuses and profits. The money would be placed in a fund for defrauded investors. It also would bar executive loans. The agreement would create a criminal penalty for securities fraud and obstruction of justice involving document shredding and require top corporate executives to certify company financial statements. [HR 3763, Vote 192, 7/25/02] XXXX Voted for Greater Accountability for SEC Firms. In July 2002, XXXX voted for a bill that would require more complete disclosure of corporate finances and overhaul regulation of the accounting industry. The bill would establish a new oversight board to police accounting firms, and forbid firms from providing investment banking, management consulting and other services for publicly traded companies. It would create new criminal penalties for shareholder fraud and obstruction of justice involving document shredding and require chief executives and chief financial officers to attest to the accuracy of financial statements included in SEC filings. [S 2673, Vote 176, 7/15/02] XXXX Voted to Increase Ethics Requirement for Attorneys Representing SEC Firms. In July 2002, XXXX voted for an amendment that would require the SEC to establish new rules setting professional standards of conduct for attorneys representing public companies who appear before the SEC, including a rule requiring an attorney to report evidence of a material violation of securities law to the company's chief legal counsel or chief executive officer, or to the board of directors if necessary. [S 2673, Vote 175, 7/15/02] XXXX Voted to Pass the Corporate Reform Bill, Which Stiffened Penalties For Fraud And Tightened Oversight Of The Accounting Industry. In 2002, XXXX voted for a corporate reform bill that created stiff penalties for business fraud and tightened oversight of the accounting industry. John McCain and Carl Levin, the only two dissenters to the bill, opposed the bill after their efforts to add other reform measures, such as a proposal that would require companies to count executives’ stock options as an expense against earnings, were rebuffed. The vote was on a motion to invoke cloture on the bill. [S 2673, Vote 173, 7/12/02; Associated Press, 7/12/02] XXXX Voted to Curb Attorney Solicitation. In July 2002, XXXX voted for an amendment that would require attorneys to make a written disclosure of potential fees and other matters before retention by a client. It also would prohibit unsolicited communications concerning a potential civil action for personal injury or wrongful death until 45 days following the incident. Violators would be subject to a maximum penalty of $5,000 for each violation. This was an amendment to the Edwards amendment, which would require the Securities and Exchange Commission (SEC) to establish new rules setting professional standards of conduct for attorneys representing public companies who appear before the SEC, including a rule requiring an attorney to report evidence of a material violation of securities law to the company's chief legal counsel or chief executive officer, or to the board of directors if necessary. [S 2673, Vote 172, 7/11/02] XXXX Voted to Increase Penalties for Corporate Wrongdoing. In July 2002, XXXX voted for an amendment that would increase the maximum sentences for corporate wrongdoing from five years to 10 years. It also would allow the government to charge obstruction against individuals who acted alone, even if tampering took place prior to a grand jury subpoena issuance. It would allow the Securities and Exchange Commission (SEC) to seek an order in federal court imposing a 45 day freeze on "extraordinary" payments to corporate executives and request the Sentencing Commission to adopt stronger penalties for fraud when the crime is committed by a corporate officer or a corporate director. [S 2673, Vote 171, 7/10/02] 23

XXXX Voted to Toughen Penalties for Mail and Wire Fraud. In July 2002, XXXX voted for an amendment that would raise the maximum penalties for mail and wire fraud from five years to 10 years, raise the penalty for federal pension law violations from one year to 10 years, and provide the same penalties for conspiracy as for the underlying crime. It also would direct the U.S. Sentencing Commission to review and amend sentencing guidelines and policy statements to provide for increased penalties to reflect the increases in the maximum penalties provided under the bill. Corporate officials of regulated companies would be required to certify that financial reports accurately reflect the financial condition of the company. It would create criminal penalties of up to five years for recklessly and knowingly failing to certify and up to 10 years for willfully failing to certify. [S 2673, Vote 170, 7/10/02] XXXX Voted to Toughen Penalties for Individuals who Defraud Shareholders. In July 2002, XXXX voted for an amendment that would create a 10-year securities fraud felony for anyone who knowingly defrauds shareholders, and direct the U.S. Sentencing Commission to raise penalties in obstruction of justice cases where evidence is destroyed. It also would create a 10-year felony for the destruction of evidence when records are under subpoena, require the preservation of key financial audits for five years, and create a five-year felony for intentionally destroying such documents. It would provide whistleblower protections for employees of publicly traded companies and lengthen the statute of limitations on securities fraud cases. [S 2673, Vote 169, 7/10/02] XXXX Voted to Allow Financial Institutions to Impose an ATM Surcharge. In 1998, XXXX voted to kill the D’Amato amendment to S.1301, which was an amendment to prohibit financial institutions from imposing a surcharge -- a charge in addition to the interchange fee -- for the use of ATMs. [Vote 275, 9/17/98] XXXX Voted to Allow Credit Card Companies from Terminating Customers Who Avoid Finance Charges. In 1998, XXXX voted to kill the Reed amendment to S.1301, which was an amendment to prohibit credit card companies from terminating or refusing to renew credit to consumers who avoid finance charges by paying off their balances. The amendment also would prohibit creditors from charging such consumers a fee in lieu of finance charges. [Vote 273, 9/17/98] 24

BUDGET & SPENDING HIGHLIGHTS  INTEREST GROUP RATINGS CAMPAIGN CONTRIBUTIONS THE XXXX RECORD FY 2009 BUDGETS FY 2009 BUDGETS XXXX Voted Against the Final FY 2009 Budget. In June 2008, XXXX voted against the $3.03 trillion budget blueprint. The budget would allow Congress to appropriate $24.5 billion more than the $991.6 billion Bush requested in discretionary spending, when cap adjustments and advance appropriations are included. The conference agreement was adopted on a 48-45 vote that largely followed party lines. [CQ Today, 6/04/08; Vote 142, 6/04/08] XXXX Voted Against the FY 2009 Budget. In March 2008, XXXX voted against the fiscal 2009 budget resolution. The resolution would allow up to $1 trillion in discretionary spending for 2009. It would allow for a $35 billion economic stimulus package and would assume a one-year adjustment to prevent additional taxpayers from paying the alternative minimum tax. As amended, the resolution would allow for the extension of certain 2001 and 2003 tax cuts, including the 10 percent tax bracket and the child tax credit. The budget was adopted 51-44 in the early hours of March 14, though the session began and thus is dated March 13. [Vote 85, 3/13/08]  Jobs. XXXX voted against approximately 500,000 new good-paying construction and green collar jobs.  Middle class tax cuts. XXXX voted against an extension of the child tax credit, against marriage penalty relief, and against lower income taxes for all families, to hold middle class tax relief hostage unless multi- millionaires get more tax breaks averaging $120,000 per year.  Affordable college. XXXX voted against an extension of tuition tax credits that helps make college more affordable to middle class families.  Job training. Private employers have cut hundreds of thousands of jobs in the last three months, but XXXX voted against restoring over $2 billion in proposed cuts to job training and vocational education st programs to help youth and adults prepare for 21 century jobs.  Clean energy. XXXX voted against major new investments in clean energy and the green collar jobs they create.  Veterans. The budget XXXX voted against includes $3.2 billion more than the Bush budget for veterans’ programs, covering the amount veterans’ groups have identified as necessary to address shortfalls in health care, prosthetic research, benefits backlogs, and construction.  Close down offshoring tax shelters. XXXX voted against shutting down tax shelters that let U.S. corporations evade billions in taxes by re-incorporating in the Cayman Islands and other offshore locations.  Infrastructure. XXXX voted against a $10 billion investment in the roads and bridges that are the lifeblood of our economy, which would create hundreds of thousands of new jobs. [Vote 85, 3/14/08; Chairman’s Mark of FY 2009 Budget Resolution, 3/6/08] 25

FY 2008 BUDGETS FY 2008 BUDGETS XXXX Opposed Responsible FY08 Budget Resolution. In March 2007, XXXX voted against the initial version of the Fiscal Year 2008 budget resolution. In May 2007, XXXX voted against bill where the final budget passed 52-40. [Vote 114, 3/23/07; Vote 172, 5/17/07]  Democratic Budget Boost Funding For Veterans Neglected By Bush Administration. The Democratic budget resolution provides for over $3.5 billion more in funding for Veterans than the Bush Administration’s proposal. Bush’s budget called for $39.6 billion in funding compared to the Democratic plan for $43.1 billion. The budget XXXXX opposed included $6.7 billion more for veterans than 2007. [Senate Budget Committee, 3/20/07, 5/17/07]  Democratic Budget Proposed Extension of SCHIP. The Senate Democrats’ plan provides up to $50 billion for the reauthorization of SCHIP, far exceeding the $2 billion proposed by the Bush Administration. The money will maintain coverage for millions of children already enrolled in the program and expand health insurance to six million children eligible for SCHIP but not yet enrolled in the program. [Senate Budget Committee, 3/20/07]  Democratic Budget Provided $6.1 Billion More than Bush Budget for Education. Under the Bush Budget proposal, education funding would be set at $56.2 billion dollars. Democrats, on the other hand, proposed a $62.3 billion funding mark. [Senate Budget Committee, 3/20/07]  Democratic Budget Extended $180 Billion in Middle-Class Tax Cuts. The Senate budget authorizes $180 billion to preserve tax cuts aimed at the middle class, including credits for married couples and families with children. [AP, 3/22/07] FY 2007 BUDGETS FY 2007 BUDGETS XXXX Voted For FY 2007 Budget Resolution. In 2006, XXXX voted for the FY 2007 Budget Resolution, which was largely a rubber-stamp of President Bush’s budget, with inferior support for national and homeland security, $228 billion in debt-financed tax breaks that disproportionately benefit special interests, and a lack of commitment to policies that could help make middle class life more affordable. The resolution would allow up to approximately $878 billion in discretionary spending for fiscal 2007. It would give procedural protection to legislation authorizing oil drilling in part of the Arctic National Wildlife Refuge in Alaska. [Vote 74, 3/16/06]  XXXX-Backed FY07 Budget Shattered Debt Ceiling and Allowed Drilling in ANWR. XXXX voted for the $2.8 trillion FY07 Budget Resolution which, among other things, cleared the way for oil drilling in the Arctic National Wildlife Refuge and provided $10 billion for Gulf Coast restoration. The budget was approved only after Republicans approved an amendment allowing the government to borrow an additional $781 billion, bringing the debt ceiling to nearly $9 trillion. [Vote 74, 3/16/06; Washington Post, 3/18/06; Anchorage Daily News, 3/17/06; Los Angeles Times, 3/17/06] FY 2006 BUDGETS FY 2006 BUDGETS XXXX Cast Deciding Vote for Final 2005 Budget Reconciliation With Largest Student Loan Cuts in History. XXXX voted for the final version of the 2005 budget reconciliation bill, which passed 50-50 with the Vice 26

President casting the tie-breaking vote. The package cut $12.7 million from college loans, the largest cuts to the student loan program in its history. [Vote 363, 12/21/05; AP, 12/19/05; Washington Post, 12/19/05] XXXX Voted for Final FY 2006 Budget Resolution. In April 2005, XXXX voted for final passage of the $2.6 trillion budget conference report for 2006. The report cut Medicaid spending by $10 billion, spent every penny of the Social Security surplus, increased the national deficit by $167.5 billion over 5 years and paved the way for oil drilling in the Arctic National Wildlife Refuge. Furthermore, the conference report cut funding for veterans’ health care by $13.5 billion over five years. Yet the budget still found room for $106 billion in tax cuts for those who need it the least. [Vote 114, 4/28/05; House Budget Committee Democratic Caucus, 4/28/05] XXXX Voted for Initial FY 2006 Budget Resolution. In March 2005, XXXX voted for the Senate version of the $2.57 trillion FY 2006 Budget, which passed 51-49. The bill included $134 billion in tax cuts, even more than the President requested, partially by extending capital gains and dividend tax cuts, while it called for about $17 billion in mandatory spending cuts over five years. The budget also included parliamentary language that would make it easier to open ANWR to oil exploration and drilling. [Vote 81, 3/17/05; New York Times, 3/18/05; Anchorage Daily News, 3/18/05; Knight Ridder, 3/18/05] XXXX Voted to Give Reconciliation Protection to Tax Cuts. In March 2005, XXXX voted against an amendment that would strike language in the budget resolution that would give reconciliation protection to tax cuts. Sponsor Tom Carper explained, “This is a straightforward amendment. If my colleagues agree with me, a U.S. Senator who wants to reduce taxes in a way that decreases the budget deficit, it is OK to do that. For this Senator or any Senator who wishes to reduce taxes, we can do that under this amendment, but if those taxes increase the budget deficit and the debt for this country, we need to muster 60 votes. The moneys for the offset can come from other taxes or they can come from reducing spending to provide the offset.” [Vote 59, 3/17/05; Congressional Record, 3/17/05] FY 2005 BUDGETS FY 2005 BUDGETS XXXX Voted for Initial FY 2005 Budget. In March 2004, XXXX voted for the Senate version of the $2.4 trillion budget resolution. Among other things, supporters said the bill aimed to halve the $477 billion fiscal deficit in three years - faster than the five years Bush had suggested – but critics argued that by ignoring the cost of the war in Iraq and failing to ease the alternative minimum tax, the budget would not result in halving the deficit. [Vote 58, 3/12/04; Reuters, 3/13/04; AP, 3/12/04]  GOP Budget Underestimated Size of Tax Cuts. The Democratic Policy Committee declared that this budget “significantly underestimates the tax cuts assumed in the resolution,” since many of these cuts “have little or no costs during the five years covered by the resolution.” In other words, because the costs of the resolutions tax cuts aren’t felt until after FY 2009, the tax cuts are really $1.1 trillion over a ten year period. [Democratic Policy Committee, Summary of S Con Res 95, 3/8/04]  GOP Budget Underestimated Medicaid Cuts, Would Lead to “Limiting Access to Health Care.” The Democratic Policy Committee declared that this budget assumes that $11 billion in cuts to Medicaid can be reached by reducing “waste and overpayments.” Irregardless of the cause, this budget was expected to result in a reduction in federal payments to the states for Medicaid. Given that states have already been forced to cut Medicaid funding due to fiscal problems, “this proposal is likely to lead states to further reduce Medicaid, limiting access to health care for low-income, uninsured Americans.” [Democratic Policy Committee, Summary of S Con Res 95, 3/8/04]  AFL-CIO: Budget Locked in Tax Cuts for Wealthy, Inflated Budget, Cut Funds for Working Families. “President Bush presented a budget that permanently locked in multi-trillion-dollar tax breaks that mostly benefit the nation’s wealthiest. To finance these taxes cuts for millionaires and billionaires, 27

the Republican budget resolution—which mirrored Bush’s proposal—inflated the record-high $477 billion U.S. deficit and by $113 billion shortchanged or cut funds for the domestic programs working families need most—from job creation to health care, transportation and education.” [www.afl-cio.org]  League of Conservation Voters: Budget Resolution Would Have Required $2.8 Billion in Cuts to Environmental and Natural Resource Programs. The budget resolution reported by the Senate Budget Committee not only made deep and disproportionate cuts to environmental programs, but would have locked them in through binding two-year spending caps. The budget resolution would have required $2.8 billion in cuts to environmental and natural resource programs over two years and, over a five-year period, would have slashed environmental programs by 14 percent below the level needed to maintain current activities. These proposed cuts--exceeding those proposed for most other domestic programs-- would have forced crippling reductions in programs that reduce air and water pollution, promote sound science and safeguard our natural resources. [S Con Res 95, 3/12/04, Vote 58; www.LCV.org] FY 2004 BUDGETS FY 2004 BUDGETS XXXX Cast Deciding Vote For Final FY04 Budget Resolution With $550 Billion In Tax Cuts. In April 2003, XXXX cast a crucial vote for the final version of the Fiscal Year 2004 budget resolution, which allowed for new tax cuts of up to $550 billion, although the Republican Senate leadership promised moderates in their caucus that tax cuts in the final budget would not exceed $350 billion. Critics argued that the final budget resolution would increase the federal deficit to record levels of $347 billion in 2003 and $385 billion in 2004 and would result in a $1.7 trillion deficit in 2013. The resolution also called for funding cuts for education and local law enforcement programs. It narrowly passed, with Vice President Cheney breaking a 50-50 tie. [Vote 134, 4/11/03; AP, 4/11/03; Senate Budget Committee Democratic Caucus, 4/11/03]  GOP Budget Would Significantly Increase Deficit. According to Democratic Policy Committee analysis of Congressional Budget Office projections, this budget resolution would increase the federal deficit to record levels of $347 billion in 2003 and $385 billion in 2004 and would result in a $1.7 trillion deficit in 2013. [Democratic Policy Committee, Summary of the FY2004 Republican Budget Conference Report, 4/11/03]  GOP Budget Reduced Funding for Many Vital Programs. According to Democratic Policy Committee, the budget that came out of the GOP conference committee removed or eliminated vital funding for a variety of vital programs. This includes: o Elimination of “additional funding for port security that was added during Senate consideration.” o Cuts to local law enforcement programs including the “COPS program, the Byrne Grant program, and the Local Law Enforcement Block Grant Program in order to fund first responders.” o Cuts No Child Left Behind by $4 billion from the agreed upon figure in the Senate for 2004 and $20 billion over ten years. o Removal of a “special education provision…that created a mechanism to…accommodate additional IDEA spending of $205 million in 2004 and $209 million in 2005.” o Removal of a concurrent receipt amendment offered by Sen. Reid which would have provided “$12.8 billion in National Defense mandatory funding over ten years for concurrent receipt for military retirees with service-connected disabilities.” o Removal of a provision to create a $396 billion reserve fund to “strengthen Social Security and extend the solvency of the Social Security trust funds.” [Democratic Policy Committee, Summary of the FY2004 Republican Budget Conference Report, 4/11/03] XXXX Voted for Initial FY04 Budget Resolution With $350 Billion in Tax Cuts. In March 2003, XXXX voted for the initial Senate version of the $2.2 trillion budget for fiscal year 2004, which included $350 billion in tax cuts – half the size of the tax cut originally proposed by Bush. Critics argued that, even with the smaller tax cut package, 28

the resolution was still irresponsible in the face of massive annual deficits. The Senate budget resolution passed 56- 44. [Vote 108, 3/26/03; AP, 3/26/03; Los Angeles Times, 3/27/03] XXXX Voted Against “Blue Dog” Alternative Budget; Would Have Balanced Budget By FY 2009. On March 25, 2003, XXXX voted against an alternative “Blue Dog” budget, which would have postponed future tax cuts for top incomes if the cost of war with Iraq leads to deficits. The vote was on the Carper, D-DE amendment to the FY 2004 budget resolution, which would provide a balanced budget by fiscal 2009. It would maintain the president’s spending levels but provide congressional flexibility in allocating funds. [Vote 95, 3/25/03] FY 2003 BUDGETS XXXX Voted to Kill FY 2003 Budget Setting Discretionary Spending at $795 Billion. In 2002, XXXX voted for the Daschle, D-S.D., motion to table (kill) the Santorum, R-Pa., amendment to the Daschle amendment. The Santorum amendment would substitute the text of the Daschle amendment with the text of the committee-approved budget resolution that would set total discretionary spending at $795 billion for fiscal 2003 and would establish a 60-vote point of order against fiscal 2003 spending bills that exceed the discretionary spending limit. The Daschle amendment would extend through fiscal year 2007 the 60-vote requirement to waive budgetary points of order or to appeal a ruling of the chair. It would extend the Senate pay-as- you-go point of order through fiscal 2007. It also would extend for five years the enforcement of discretionary spending caps through sequestration and extend provisions requiring sequestration of mandatory spending to offset direct spending and revenue legislation that would increase the deficit. The motion was agreed to by a vote of 96-0. [CQ; HR 4775, Vote #134, 6/5/02] In 2002, XXXX voted for the Gregg, R-N.H., motion to waive the Budget Act with respect to the Conrad, D-N.D., point of order against the Gregg amendment. The Gregg amendment would establish and extend for five years the caps on discretionary spending keyed to the levels in the budget resolution reported by the Senate Budget Committee. It would establish and extend pay-as-you-go discipline that controls entitlement spending and tax law changes. The amendment would provide for points of order against an individual provision in legislation that violates the spending caps or pay-as-you-go requirements. It would require 60 votes to change the discretionary caps, the balance of the pay-as-you-go scorecard or the directed scorecard. It also would extend for five years the 60-vote requirement to waive existing points of order that enforce the Congressional Budget Act. The motion was rejected by a vote of 49-49. [CQ; HR 4775, Vote #133, 6/5/02] FY 2002 BUDGETS FY 2002 BUDGETS FY 2002: XXXX Voted For Conference Report to GOP FY02 Budget. In May 2001, XXXX voted for the conference report on the concurrent resolution to adopt a 10-year budget plan that calls for approximately $1.35 trillion in tax cuts through fiscal 2011, including a $100 billion stimulus package. The agreement would cap discretionary spending at $661.3 billion. Discretionary spending allocations would total $325.1 billion for defense and $336.2 billion for non-defense. [Vote 98, 5/10/01]  Sen. Conrad Opposed Conference Report. Following the vote on the conference report to the FY 02 budget resolution, Sen. Kent Conrad explained why he opposed the resolution. Conrad said he opposed the resolution for six reasons.  No New Money for Education: Conrad pointed out that during Senate debate of the budget, the Senate approved an amendment to increase funding for education by $225 billion by reducing the size of the Bush tax cuts and another amendment increasing funding for students with disabilities by $70 billion. Funding for both of these amendments was removed in conference committee. 29

 Unaffordable Tax Cuts: The $1.3 trillion tax cuts are unaffordable. At the time, budget surplus 10-year budget surplus projections were varied at best. Depending on projections, the budget surplus could reach as high as $1 trillion or sink as low as a $50 billion deficit. “This is not money in the bank,” and the tax cuts are too risky.  Hides Defense Spending: Huge chunks of defense spending were intentionally omitted from this budget. An April 2001 USA TODAY story reported that “the Secretary of Defense and this administration are expected to seek a large boost in defense spending, $200 billion to $300 billion over the next 6 years.” None of that funding is in the conference report.  Sets up Raid of Social Security and Medicare Trust Funds: This budget raids the Social Security and Medicare trust funds by over $200 billion each.  Cuts Spending for High-Priority Domestic Needs: This budget cut funding for high-priority domestic needs including funds for the Social Security and Medicare trust funds, education and students with disabilities.  Fails to Set Aside Funds for Social Security and Medicare Reform: The Bush tax cut, $1.3 trillion over ten years, “would deprive the Government of the cash it would need to pay for the $1 trillion transition cost for the first 10 years of Bush’s Social Security privatization plan.” [Floor Statement, Sen. Kent Conrad, 5/10/01] XXXX Voted for GOP FY 02 Budget That Called for Trillion Dollar Tax Cut. In April 2001, XXXX voted to adopt a 10-year budget plan that called for approximately $1.18 trillion in tax cuts over ten years and $85 billion in tax cuts in fiscal 2001. It also would reduce publicly held debt by approximately $1.1 trillion, and cap discretionary spending at $678 billion, a 7 percent increase over fiscal 2001. [Vote 86, 4/6/01]  Sen. Conrad Opposed Budget Resolution; Not Enough Debt Paid Off. Following the vote on the FY 02 budget resolution, Sen. Kent Conrad explained why he opposed the resolution. Conrad said he opposed the resolution for three reasons. Insufficient Debt Reduction: Conrad said he “wanted to reserve 70 percent of the forecasted surpluses for debt reduction….my first concern with what we passed is there is not sufficient debt reduction.” Dipping Into Trust Fund: Conrad said he was concerned that the budget would require depleting the Medicare trust fund by $54 billion by 2007. Conrad said he did “not think we should use any of the trust funds of Social Security or Medicare.” Tax Cuts Too Steep: Conrad said the tax cuts were “simply too large to accommodate the kind of additional debt paydown that…is in the best interest of the country.” This budget pays the debt down to $1.1 trillion. Conrad would have preferred it pay it down to about $500 billion.[Floor Statement, Sen. Kent Conrad, 4/6/01] OTHER FEDERAL BUDGET ISSUES PAY-GO XXXX Voted Against Restoring PAYGO Rules in 2006. In March 2006, XXXX voted against restoring pay-as- you-go rules that would require and 60-vote majority to enact new tax cuts or new spending on entitlements without showing how to pay for them. ‘‘For those who say they are fiscally responsible, here is your chance,’’ said Sen. Kent Conrad, senior Democrat on the Budget Committee. ‘‘You are going to be able to prove with one vote whether you are serious about doing something about these runaway debts and runaway deficits or whether it is all talk.’’ [Vote 38, 3/14/06; Star Tribune, 3/16/06; New York Times, 3/15/06] XXXX Voted Against Restoring Pay-As-You-Go Rules Three Times in 2005. In March 2005, XXXX voted against restoring PAYGO rules, which would require a 60-vote majority to pass any deficit-busting spending. In addition, Tax cuts and new entitlement spending would have to be offset with revenue increases or spending cuts. 30

McConnell voted against restoring PAYGO rules again twice in November 2005. [Vote 53, 3/16/05; Vote 283, 11/3/05; Vote 340, 11/17/05] XXXX Opposed Restoring Pay-As-You-Go (PAYGO) Rules. In March 2004, XXXX voted against restoring pay-as-you-go ([PAYGO) rules. PAYGO requires a 60-vote point of order against any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit. In other words, this amendment would require tax cuts and/or new spending, including new entitlement spending, to be offset with revenue increases and/or spending cuts. [Vote 38, 3/10/04] XXXX Voted Against Extending the Pay-As-You-Go Rule in 2003. In May 2003, XXXX voted against an amendment that would extend Congressional “pay-as-you-go” (PAYGO) rules until 2008. [Vote 200, 5/23/03] BALANCED BUDGET XXXX Voted For a Balanced Budget Constitutional Amendment. In 1997, XXXX voted for S.J.Res.1, a balanced-budget constitutional amendment. This was a vote on the passage of a joint resolution to propose a constitutional amendment to balance the budget by the year 2002 or two years after ratification by three-fourths of the states, whichever is later. The budget would have to be balanced every fiscal year, unless three-fifths of each chamber votes for a debt increase. [Vote 24, 3/4/97] XXXX Voted Against a Balanced Budget Constitutional Amendment. In 1997, XXXX voted against making balancing the budget a Constitutional amendment even though since 1978 Congress has passed five major statutory balanced budget mechanisms and all have been changed to allow Congress to avoid balancing the budget. [Vote 23, 2/27/97] XXXX Voted Against Congress Authority to Enforce Balanced-Budget Amendment. In 1997, XXXX voted against giving Congress exclusive authority to enforce provisions of the balanced-budget amendment. [Vote 20, 2/27/97] NATIONAL DEBT XXXX Voted to Add At Least $1.14 Trillion to the Deficit. In 2006, XXXX voted in favor of the Republican budget resolution that mirrored Bush’s proposals and would add trillions to the deficit. While Senate Republicans claimed that the budget resolution will reduce the deficit, the cumulative deficit over five years was already forecasted to be $1.14 trillion with this budget—before lawmakers added another $16 billion for appropriations to help the package win approval. Under the Republican five-year budget, the U.S. debt will reach nearly $12 trillion in 2011. With no brakes on spending and no plans to raise revenues, the “federal debt is now raising at an unprecedented clip.” [Vote 74, 3/17/06; Democratic Policy Committee, 3/14/06; Budget Committee Minority Staff, 3/15/06; Washington Post, 3/17/06] XXXX Voted to Raise Debt Limit to Nearly $9 Trillion. In 2006, XXXX voted to raise the federal debt limit to $8.965 trillion, a $781 billion increase. When President Bush went into office, the debt limit was $5.95 trillion and the 2006 vote represented the fourth time the Bush Administration asked Congress to raise the debt limit. [Vote 54, 3/16/06; Chicago Tribune, 3/17/06] XXXX Voted to Raise the Debt Limit By $446 Billion. In 2005, XXXX voted against a motion to strike budget language that was set to raise the federal debt limit by $446 billion. Sen. Frank Lautenberg argued that the amount represented “$1,510 for every man, woman and child in America.” [Vote 76, 3/17/05; Congressional Record, 3/17/05] XXXX Voted Against Studying Effect of Foreign-Held Debt. In 2006, XXXX voted against requiring the Secretary of the Treasury to study the national security and economic effects of foreign governments, institutions and individuals holding U.S. federal debt. [Vote 53, 3/16/06; MarketWatch, 3/16/06] 31

XXXX Voted to Increase National Debt. During debate on the final fiscal year 2006 budget resolution, XXXX voted against a motion to adopt a budget that does not increase the national debt. Explaining tax breaks included in the budget package, Sen. Frank Lautenberg said, “The Democrats want to pay for these tax cuts by ending giveaways to rich special interests. But the Republican side said: No, no, don’t persecute millionaires.” [Vote 20, 2/14/06; Congressional Record, 2/13/06] XXXX Supported Raising the Debt Limit. In March 2004, XXXX voted in support of raising the debt limit. More specifically, he voted against the Lautenberg amendment to the Fiscal Year 2005 Budget Resolution, which was an amendment to strike reconciliation instructions from the resolution for the Finance Committee to report legislation that would increase the statutory debt limit. [Vote 57, 3/11/04] XXXX Voted to Increase the Debt Limit to $8.18 Trillion. In November 2004, XXXX voted to increase the federal debt limit to $8.18 trillion, an $800 billion increase. [Vote 213, 11/17/04] XXXX Voted to Increase Federal Debt Limit to $7.38 Trillion. XXXX voted for the passage of the joint resolution that would increase the federal debt limit to $7.38 trillion, a $984 billion increase. [Vote 202, 5/23/03]  XXXX Voted Against Reducing the Debt Limit By $634 Billion. XXXX voted against an amendment that would reduce the debt limit increase in the bill by $634 billion. [Vote 197, 5/23/03] XXXX Voted to Increase the Debt Ceiling. In June 2002, XXXX voted for a bill that would increase the public debt limit by approximately $450 billion. [S 2578, 6/11/02, Vote 148] XXXX Voted to Cut Taxes Before Reducing Our National Debt. On a narrow vote of 49-50, XXXX voted to continue with a $1.3 trillion tax cut even before we meet U.S. debt reduction targets. Senator Bayh’s (D-IN) amendment would have delayed tax and spending proposals until debt reduction targets were met. [HR 1836, 5/21/01, Vote 118] XXXX Voted For An Amendment To Commit $12.2 Billion To Debt Retirement. In 2000, XXXX voted for an amendment that would commit $12.2 billion of the projected non-Social Security surplus for fiscal year (FY) 2000 to debt retirement. The amendment was agreed to, 95-3. [Vote 131, 6/15/00] XXXX Opposed Amendment Reducing Public Debt. In April 2000, XXXX voted against the Allard amendment which would require the budget surplus be large enough so that public debt will be reduced by $15 billion each year beginning in 2001 and an additional $15 billion each year until the entire debt has been paid. It also would require that beginning in fiscal 2001, actual revenues exceed actual outlays to provide for the reduction of federal debt. The amendment also would require the use of surplus funds in the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to reduce public debt until Congress enacts Social Security reform legislation. [Vote 56, 4/5/00] XXXX Voted Against Requiring a Three-Fifths Majority to Increase National Debt. In 1997, XXXX voted against requiring a three-fifths majority vote to increase the national debt. [Vote 19, 2/27/97] EARMARKS XXXX Voted Against Openness in the Earmark Process. In 2005, XXXX voted against an amendment that would require that any limitation, directive, or earmark be included in the bill's conference report to give both chambers the opportunity to vote on all provisions. [HR 2361, Vote 160, 6/29/05] XXXX Voted Against Bringing Federal Dollars to Pennsylvania. In 2003, XXXX voted for a McCain amendment that would eliminate $255.7 million of appropriations to individual projects, including funding for the Geisinger Health System in Harrisburg, Pa. The bill also included $98 million for an agricultural research facility in Ames, IA; the U.S. Maritime Administration’s Title XI guaranteed loan program ($50 million for a guaranteed loan 32

program for shipbuilders); spending on the Great Lakes Fishery Commission ($500,000 for the Great Lakes Fishery Commission to control sea lampreys in Lake Champlain); the Mental Health Association of Tarrant County, Texas ($225,000); the AIDS Research Institute at the University of California at San Francisco; the Geisinger Health System in Harrisburg, Pa.; and the Jobs for America’s Graduates program. [S 762, 4/3/03, Vote 118; Gannett News Service, 4/4/03; Congressional Quarterly Daily Monitor, 4/3/03] MISCELLANEOUS XXXX Voted Against Giving the President Authority on Emergency Spending. In March 2005, XXXX voted for an amendment that would strike language in the resolution giving the president the authority to designate an emergency spending requirement. [S Con Res 18, 3/17/05, Vote 67] XXXX Voted to Make Emergency Spending Harder. In 2001, XXXX voted for an amendment that would establish a 60-vote point of order against all emergency spending and establish a 60-vote point of order against waiving across-the-board spending cuts and direct scoring provisions in legislation. [H Con Res 18, 4/5/01, Vote 78] XXXX Voted to Create a Supermajority Budget Rule. In 1998, XXXX voted to create a budget rule that would require a supermajority point of order against provision that would increase mandatory spending. [Vote 60, 4/1/98] XXXX Voted to Requiring a Three-Fifths Majority Vote on Budget Resolutions. In 1997, XXXX voted for requiring a three-fifths majority vote to pass a budget resolution that projects a deficit for FY 2002 or later. [Vote 146, 6/27/97] XXXX Voted Against Allowing Budget Surplus to Accumulate. In 1997, XXXX voted against allowing the budget surplus to accumulate. [Vote 22, 2/27/97] XXXX Voted Against Allowing Congress to Waive Spending Restrictions for Emergencies. In 1997, XXXX voted against allowing Congress to waive spending restrictions if there was a major disaster or emergency. [Vote 18, 2/26/97] 33

CIVIL RIGHTS & MINORITY ISSUES HIGHLIGHTS  THE XXXX RECORD LILY LEDBETTER / FAIR PAY XXXX Voted Against Allowing Victims of Wage Discrimination to Seek Remedies in Court. In January 2009, XXXX voted against a bill to make it easier for victims of wage discrimination to seek remedies in court. The bill was inspired by the 2007 Supreme Court case of Lilly Ledbetter, an Alabama employee of a Goodyear Tire Plant who discovered after nearly 20 years that she had been paid less than her male counterparts. The court ruled, 5-4, that Ledbetter couldn’t sue because she had filed her case more than 180 days after she was first hired at an unfair wage. The bill would amend that statute of limitations to apply to each discriminatory paycheck or action. But Senate Democrats, led by bill sponsor and floor manager Barbara A. Mikulski, D-Md., said the bill was simply a return to the pre-Ledbetter interpretation of the law. The bill passed 61-36. [CQ Today, 1/22/09; Vote 14, 1/22/09]  XXXX Voted Against Considering Fair Pay Legislation. In January 2009, XXXX voted against considering a bill that would amend 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. The motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill was agreed to 72-23. [Vote 4, 1/15/09] XXXX Voted to Block Bill to Eliminate Time Restrictions in Wage Discrimination Cases. In April 2008, XXXX voted to block consideration of a bill to reverse a Supreme Court decision in a wage discrimination case. The bill was intended to undo last year’s Supreme Court decision in Ledbetter v. Goodyear Rubber & Tire Co. The court ruled, 5-4 that workers filing suit for pay discrimination must do so within 180 days of the actual decision to discriminate against them. The motion to invoke cloture failed 56-42. [CQ Today, 4/23/08; Vote 110, 4/23/08] XXXX Voted Not To Permit Unlimited Damages In Gender Discrimination Lawsuits. In 2000, XXXX voted against an amendment that would amend the Fair Labor Standards Act to permit unlimited compensatory and punitive damages to be awarded in gender discrimination lawsuits regarding pay rates, including in class-action lawsuits, and would increase the burden on employers to prove that any pay rate differentials between jobs primarily held by men and jobs primarily held by women were based on bona fide factors, such as education or experience. The motion was rejected, 45-53. [Vote 203, 7/17/00] GAY RIGHTS XXXX Voted Against Defense Authorization Bill And Repeal Of Don’t Ask, Don’t Tell Policy. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would authorize $725.7 billion in discretionary funding for defense programs in fiscal 2011. It also would repeal a 1993 law that codifies the "don't ask, don't tell" policy on military service by openly gay men and women. [CQ; Vote 238, 9/21/10] XXXX Voted Against Expanding Hate Crimes Legislation. In October 2009, XXXX voted against the conference report of the fiscal 2010 defense authorization bill that contained an expansion of federal hate crimes law to cover offenses committed on the basis of gender identity and sexual orientation, a goal long sought by Democrats. The bill passed 68-29. [CQ Today, 10/22/09; Vote 327, 10/22/09] 34

XXXX Voted To Block Hate Crimes Bill. In September 2007, XXXX voted to block an amendment to the Defense Authorizations bill that would have increased penalties for certain hate crimes. The amendment, offered by Senator Edward Kennedy would make violent crimes that cause bodily harm based on the victim's race, color, religion or national origin punishable by a fine and up to 10 years in prison, and punishable by a life sentence if the victim dies, is kidnapped or subjected to aggravated sexual abuse. It also would create the same penalties for crimes motivated by gender, sexual orientation, gender identity or disability. [Vote 350, 9/27/07; Concord Monitor, 9/30/07] XXXX Twice Voted Against Expanding Hate Crimes Definition to Include Sexual Orientation. In 2004, XXXX voted against classifying crimes motivated by the victim’s gender, sexual orientation or disability as hate crimes. XXXX also voted against expanding federal hate crimes legislation to include sexual orientation in 2000. [Vote 114, 6/15/04; Vote 471, 9/13/00] XXXX Voted for the Judicial Nomination of Timothy M. Tymkovich, Who Defended An Anti-Gay Colorado Initiative With Anti-Gay Rhetoric. In 2003, XXXX voted to confirm President Bush’s nomination of Timothy M. Tymkovich of Colorado to be a judge for the U.S. Court of Appeals for the 10th Circuit. Tymkovich drew criticism from gay-rights advocates because of a law journal article Tymkovich wrote after the Supreme Court overturned a Colorado voter initiative known as Amendment 2, which struck down protections for gays and lesbians. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy, D-Vt., said he had no problem with Tymkovich’s advocacy of the initiative in the courts but said the article went beyond legal advocacy and “seems replete with heavy anti-homosexual rhetoric.” [Vote 113, 4/1/03; AP, 4/1/03] SAME SEX MARRIAGE XXXX Twice Voted For Constitutional Amendment to Ban Same Sex Marriage. In 2004 and 2006, XXXX voted to invoke cloture on a motion to propose a constitutional amendment that would ban gay marriage. [Vote 155, 7/14/04; Vote 163, 6/7/06; Pioneer Press, 6/11/06] XXXX Voted For Election Year Attempt to Ban Gay Marriage. In 2006, XXXX voted to invoke cloture on the motion to proceed to the Federal Marriage Amendment. [Vote 163, 6/7/06; CQ, 6/7/06] XXXX Voted For 2004 Constitutional Amendment to Ban Same Sex Marriage. In 2004, XXXX voted to move forward with a constitutional amendment that would define marriage as consisting only of the union of a man and a woman. It would have provided that the U.S. Constitution or any state’s constitution could not be construed to require that marriage or any other constructs of marriage be conferred to any other union. [Vote 155, 7/14/04] NATIVE AMERICANS XXXX Voted for Interior, IHS, Forest Service, Veterans Funding. In 2005, XXXX voted for a bill that would provide $26.3 billion in fiscal 2006 for the Department of Interior and related agencies, including $9.9 billion for the Interior Department and $7.8 billion for the EPA. It would provide $4.1 billion for the Forest Service, $1.8 billion for the Bureau of Land Management and $3.2 billion for the Indian Health Service. It also would provide $1.5 billion in emergency fiscal 2005 funding for medical services provided by the Veterans Affairs Administration. [HR 2361, Vote 168, 6/29/05] XXXX Voted Against Funding Native American Health Programs. In 2005, XXXX voted against an amendment that reduced funding for land acquisition by $121.2 million, to $32.8 million, and transferred the money to the Indian Health Service’s diabetes program. [Vote 159, 6/29/05] XXXX Voted Against Funding for Tribal Programs. In 2005, XXXX voted against an amendment that decreased the five-year tax cut reconciliation instruction figure by $3.2 billion and increased the discretionary spending limit in the budget by $1 billion. The funds would have been used to increase spending for tribal programs and reduce the deficit. [Vote 78, 3/17/05] 35

XXXX Opposed $3.4 Billion for Indian Health Clinical Services. In 2004, XXXX voted against an amendment that would have provided the Appropriations Committee with an additional $3.4 billion for Indian health clinical services and covered that cost by eliminating either tax loopholes or a small portion the tax break. [Vote 52, 3/11/04] XXXX Voted Against Increasing Indian Health Funding By $2.5 Billion. In 2003, XXXX voted against increasing funding for the Indian Health Service by $2.5 billion and devoting another $2.5 billion to deficit reduction. The amendment would offset the spending by a decrease in tax cuts [Vote 87, 3/25/03] XXXX Voted Against $72.9 Million for the Indian Health Service. In 2003, XXXX voted against transferring $79.2 million to the Indian Health Service from the Office of Special Trustee for American Indians. The amendment increased funding for the Indian Health Service by $79.2 million, with $63 million designated for clinical services. It would be offset by transferring $79.2 million from the Office of Special Trustee for American Indians. [Vote 362, 9/23/03] XXXX Voted Against Adding $292 Million for Clinical Services of the Indian Health Service. In 2003, XXXX voted against an amendment that added $292 million in funding for the clinical services of the Indian Health Services. [Vote 356, 9/23/03] XXXX Voted Against Increasing Environmental Protections and Oversight Over Energy Projects on Native American Reservations. In 2003, XXXX voted against an amendment that increased oversight of energy projects on Indian reservations. The amendment would struck controversial language from the comprehensive energy bill’s American Indian title, which opened millions of acres of tribal lands to oil and gas development. The amendment expanded the timeframe for the Interior secretary to review Indian energy projects, make the environmental review process more similar to standards under the National Environmental Policy Act while maintaining tribal supremacy, and struck a provision limiting who could petition the Interior secretary to review Indian energy projects. [Vote 219, 6/11/03; Environment and Energy Daily, 6/12/03] XXXX Voted Against A One-Year Moratorium On The Federal Recognition Of Indian Tribes. In 2002, XXXX voted against a one-year moratorium on the federal recognition of Indian tribes. Sen. Inouye, who led the effort to kill the proposed moratorium, said a moratorium on decisions to recognize tribes would further lengthen the already cumbersome recognition process and was widely opposed by American Indians. Supporters of the amendment said current process for designating tribes produced questionable designations prompted by the desire of groups to establish Indian gambling operations. State and local officials in Connecticut were concerned about the impact that the recognition of tribes and the proliferation of casinos were having on communities. [HR 5093, Vote 220, 9/23/02; Las Vegas Review-Journal , 9/24/02; Gannett News Service , 9/24/02; Associated Press, 9/13/02] XXXX Opposed Congressional Approval for Animas-La Plata Water Projects. In October 2000, XXXX opposed an amendment that would clarify that the legislation would grant Congressional approval for specific facilities of the Animas-La Plata project and would require non-tribal water users to pay recreation, fish and wildlife costs. The Campbell amendment would scale back the water project to consist of the facilities needed to divert and impound water in an off-stream reservoir. [Vote 281, 10/25/00] XXXX Voted to Increase Funding For The Indian Health Service. In 2000, XXXX voted for an amendment that would increase the appropriation for the Indian Health Service by $7.372 million for diabetes treatment, prevention, and research, and would offset the cost of that increase by cutting the appropriation for the National Endowment for the Arts (NEA) by the same amount (which would leave NEA funding at its current level of $97 million). The amendment was rejected, 27-73. [Vote 176, 7/12/00] XXXX Voted to Prohibit Federal Funding For Indian “Smoke Shops” And Other Tobacco Outlets. In 2000, XXXX voted for a resolution expressing the sense of the Senate that the Department of Housing and Urban Development (HUD) would be prohibited from using federal funds to benefit a smoke shop or other tobacco outlet. HUD gave funds to Indians building the smoke shops, as community development projects, which sell tobacco at 36

discounted prices. The vote was on tabling the Bond amendment to the Senate Concurrent Budget Resolution for fiscal years 2001-2005. [Vote 63, 4/6/00; St. Louis Post-Dispatch, 4/5/00] CYBERSECURITY XXXX Voted Against Ending Filibuster On Cybersecurity Bill. In November 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would create voluntary security standards for vital digital infrastructure. The motion was rejected by a vote of 51-47 (D 45-5; R 4-42; I 2-0). [Vote 202, 11/14/12]  XXXX Voted Against Ending Filibuster On Cybersecurity Bill. In August 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would create voluntary security standards for vital digital infrastructure. The motion was rejected by a vote of 52-46 (D 45-6; R 5-40; I 2-0). [Vote 187, 8/2/12] MISCELLANEOUS XXXX Supported Katrina Relief Bill. XXXX voted for a $109 billion plan to provide funding for hurricane relief and funding for wars in Iraq and Afghanistan. [Boston Globe, 5/5/06; Vote 112, 5/4/06] XXXX Supported Controversial Judge William Pryor. Since 2003, XXXX has consistently voted to confirm President Bush’s nomination of William H. Pryor Jr. of Alabama to be a judge for the U.S. Court of Appeals for the 11th Circuit. [Vote 133, 6/9/05; Vote 132, 6/8/05; Vote 441, 11/6/03; Vote 316, 7/31/03]  Pryor Called the Voting Rights Act “an Affront to Federalism.” William Pryor told congress that he opposed a key provision of the Voting Rights Act of 1965 that protected minority voting rights. Pryor called this essential provision “an affront to federalism and an expensive burden that has far outlived its usefulness.” [Transcript of Pryor Testimony, 7/15/97] XXXX Voted For Racist Nominee Charles Pickering. In 2003, XXXX voted to confirm Charles Pickering, who was nominated to be a judge on the U.S. Court of Appeals for the 5th Circuit and has been criticized for his racist positions. “The debate over the nomination had centered on Judge Pickering’s civil rights record as a Mississippi lawyer, state lawmaker and federal judge over the course of decades. Senate Democrats argued that he did not deserve elevation because he had written an article as a young man recommending ways to strengthen Mississippi’s anti-miscegenation laws, left the Democratic Party in 1964 when the national party tried to integrate the state delegation to the national convention and, more recently, presided over a 1994 trial in which he took extraordinary steps to reduce the sentence of a man convicted in a cross-burning incident.” [Vote 419, 10/30/03; New York Times, 01/17/04]  NAACP Opposed Pickering. The NAACP opposed the Pickering nomination referring to him as a “right-wing extremist.” [NAACP Legislative Report Card, 2003-04] XXXX Opposed Restricting Rights of Japanese Individuals Who Were Used as Slave Labor in WWII Internment Camps. In 2001, XXXX voted for an amendment to prohibit the use of funds under the bill by the Justice or State departments to file a court motion opposing a civil action against a Japanese person or corporation where plaintiffs allege they were used as slave or forced labor as World War II American prisoners of war. [HR 2500, Vote 276, 9/10/01]  “Victims of Japanese forced labor have gone to court in California and other states seeking compensation from leading Japanese companies, including Mitsubishi Corp. and Mitsui & Co., for the inhumane treatment they experienced during the war. But the departments of State and Justice have opposed those lawsuits, filing legal briefs stating that under the 1951 peace treaty the allied powers expressly waived any rights to reparations from Japan.” “But the Senate measure – introduced as an amendment to a $41 billion spending bill for the Commerce, Justice and State departments – would bar any funds to State and 37

Justice to oppose a civil action by a World War II POW against a Japanese person or corporation. ‘Should our government be stopping a private citizen from seeking his or her day in court or a grievance?’ asked Sen. Bob Smith, R-N.H., cosponsor of the amendment with Sen. Tom Harkin, D-Iowa. ‘I don’t think so. I think it’s wrong and I’m frankly ashamed that it’s happening.’” [The Associated Press, 09/10/01] XXXX Voted Against Banking Services for Lower-Income Eligible Clients. In 1998, XXXX voted against a measure encouraging credit unions to provide service to lower-income eligible clients. [Vote 236, 7/27/98] 38

CONSUMER PROTECTION HIGHLIGHTS  THE XXXX VOTING RECORD MISCELLANEOUS XXXX Voted For Protecting Children from Toxic Toys. In July 2008, XXXX voted for a bill designed to rewrite U.S. product safety laws and protect children from toxic toys. The bill would outlaw lead in children’s products, cement toy safety standards, protect whistleblowers and ban the use of certain plastic softeners, called phthalates, in toys. The conference report passed 89-3. [CQ Today, 7/1308; Vote 193, 7/31/08] XXXX Voted For Landmark Product Safety Legislation, Strengthening Toy Safety Standards. In March 2008, XXXX voted for landmark product safety legislation. The bill would overhaul the Consumer Product Safety Commission (CPSC), strengthen toy safety standards and authorize funding for the commission starting at $88.5 million in fiscal 2009 and increasing by 10 percent per year through 2015. It would increase civil penalties on companies for manufacturing faulty products, with fines of up to $20 million. The bill would create a public database of consumer safety incidents and permit state attorneys general to obtain injunctive relief on behalf of residents to enforce product safety laws. It also would allow whistleblowers to sue companies for up to $250,000 in fees, costs and damages associated with any retaliation against them for divulging such information. The bill passed 79-13. [Vote 41, 3/06/08] XXXX Voted to Overhaul Credit Reporting. In November 2003, XXXX voted for a bill that would preempt state financial privacy laws and allow banks, retailers and other financial institutions access to consumer financial reports. It would give consumers the right to request a free copy of their credit report once a year from each of the three national credit bureaus. Mortgage lenders would have to disclose consumer credit scores when a customer filed a mortgage application. [S 2622, Vote 437, 11/5/03]  This bill includes “a raft of consumer protections, including free, e-mailed credit reports, truncated account numbers on receipts to make identity theft harder and single point-of-contact fraud reporting in case an identity theft happens.” [BestWire, 11/05/03]  However, this bill “permanently block states from enacting their own financial privacy laws, handing a victory to banks, insurance companies and retailers that had sought a single set of national laws. The bill [S.1753] passed by a vote of 95-2. It would ensure that Citigroup, Wells Fargo, Bank of America, Merrill Lynch and other companies can share information on customers – such as credit card balances and Social Security numbers – among their brokerage, insurance and banking units without concerns that they would be subject to a patchwork of state laws.” [CQ Today, 11/05/03] XXXX Voted For a Bill That Would “Impose Tough New Limits” on Spam E-Mail. In 2003, XXXX voted for a bill that would “impose tough new limits on the irritating but lucrative business of e-mailing unwanted sales pitches to millions of people in the United States.” The vote was on passage of a bill that would impose jail time and fines on those who convicted of sending out mass quantities of unsolicited e-mail, also known as spam. The bill would ban the use of e-mail addresses collected from websites by automated software and prohibit junk e-mailers from sending e-mail to randomly generated addresses. It would allow e-mail account holders to submit their e-mail address for a "do-not-spam" list administered by the Federal Trade Commission. Those sending predatory or abusive e-mails would also be subject to criminal penalties. The AP reported, “Internet users have complained about mailboxes clogged with offers for prescription drugs, cheap loans, herbal remedies and pornography.” [S 877, 10/22/03, Vote 404; Associated Press, 10/22/03] 39

XXXX Voted for a Bill to Ban Discrimination Based on an Individual’s Genetic Profile. In 2003, XXXX voted for a bill to ban discrimination based on an individual’s genetic profile. The bill would ban employers and health insurers from discriminating based on an individual's genetic profile. Employers would be barred from using genetic information in employment decisions, and insurers would be prohibited from using genetic information to deny coverage or set or adjust premiums. [S 1053; 10/14/03, Vote 377] XXXX Voted to Create a “Do-Not-Call Registry.” In 2003, XXXX voted to create a “do not call” list. The vote was to pass a bill that would give the Federal Trade Commission explicit authority to create a “do not call” list, begin enforcing it October 1, 2003, and impose fines on violators. [HR 3161, 9/25/03, Vote 365] XXXX Opposed Eliminating Liability Protections for Makers of Vaccine Additives. XXXX, on November 19, 2002, voted against the amendment to H.R.5005, which was an amendment to eliminate from the bill liability protections for the makers of vaccine additives and retroactively limit the ability of people to sue companies that make them. This amendment would have also eliminated provisions to allow “the new department to contract with American companies that have moved off-shore to avoid paying taxes,” and it would have removed a provision to establish a new research center for Texas A&M University. “Sen. John McCain, R-AZ, was the sole Republican to vote to remove the provisions. ‘I’m too old to vote for this crap,’ he told reporters after the amendment failed. ‘It’s special deals for special interests. It sets a very dangerous precedent…’” [HR 5005, 11/19/02, Vote 245; United Press International, 11/19/02] XXXX Voted to Allow Financial Institutions to Impose an ATM Surcharge. In 1998, XXXX voted to kill the D’Amato amendment to S.1301, which was an amendment to prohibit financial institutions from imposing a surcharge -- a charge in addition to the interchange fee -- for the use of ATMs. [Vote 275, 9/17/98] Robert Voted to Allow Credit Card Companies from Terminating Customers Who Avoid Finance Charges. In 1998, XXXX voted to kill the Reed amendment to S.1301, which was an amendment to prohibit credit card companies from terminating or refusing to renew credit to consumers who avoid finance charges by paying off their balances. The amendment also would prohibit creditors from charging such consumers a fee in lieu of finance charges. [Vote 273, 9/17/98] XXXX Voted Against Applying FDA Conflict-Of-Interest Standards to Organizations Reviewing Medical Devices. In 1997, XXXX voted against applying FDA conflict-of-interest standards to outside organizations accredited to conduct reviews of medical devices. [Vote 252, 9/23/97] CLASS ACTION OVERHAUL XXXX Voted For Bill to Overhaul Class Action Litigation. In 2005, XXXX voted for a bill that would give federal courts jurisdiction over class action cases involving at least 100 plaintiffs if at least $5 million was at stake and two-thirds of the plaintiffs lived in different states. It would require judges to review all non-cash settlements, such as coupons for goods and services, and limit attorney's fees paid in such settlements. It also would prohibit federal judges from approving a net loss settlement without finding that the loss is outweighed by non-monetary benefits. [S 5, 2/10/05, Vote 9] XXXX Voted Against a Time Limit on Class Action Lawsuits. In 2005, XXXX voted against an amendment that would place a 60-day limit on the amount of time federal judges have to consider whether to send class action cases back to state courts. [S 5, 2/10/05, Vote 8] XXXX Voted Against Giving Federal Judges Wider Discretion on Jurisdiction. In 2005, XXXX voted against an amendment that would give federal judges additional discretion in deciding which state consumer protection laws to apply in class action suits where plaintiffs are from multiple states. [S 5, 2/9/05, Vote 7] 40

XXXX Voted To Toughen Rules on Civil Rights Class Action Lawsuits. In 2005, XXXX voted against an amendment that would exclude civil rights class action suits and class action claims for lost wages and overtime from the bill's provisions. [S 5, 2/9/05, Vote 6] XXXX Voted to Toughen Rules on Class Action Lawsuits Brought by State Attorney Generals. In 2005, XXXX voted to kill an amendment that would exempt class action suits brought by state attorneys general from the provisions of the bill. [S 5, 2/9/05, Vote 5] XXXX Voted For a Business-Backed Revision of the Legal System. In 2004, XXXX voted for changes in rules governing class action lawsuits that will limit a citizen’s right to seek redress through the courts. [S 2062, 7/6/04, Vote 154] XXXX Voted to Limit Civil Lawsuits. In 2004, XXXX voted for a bill that would bar certain civil lawsuits against manufacturers, distributors, dealers and importers of firearms and ammunition, principally those lawsuits aimed at making them liable for gun violence. [S 1805, 2/25/04, Vote 16] XXXX Voted to Limit Lawsuits by Law Officers. In 2004, XXXX voted for an amendment that would clarify that an officer or employee of any federal, state or local law enforcement agency could recover damages authorized under federal or state law in a civil action as long as the lawsuit qualifies for an exemption under the provisions of the underlying bill. [S 1805, 2/26/04, Vote 21] XXXX Voted to Invoke Cloture on a Bill to Limit Damages Paid in Class Action Lawsuits. In 2003, XXXX voted to invoke cloture a Republican bill that would “limit the amount of damages paid in class action lawsuits across the country, mustering enough votes against the bill to likely kill it for [2003].” The AP reported: “The GOP and their Democratic supporters pushed hard for legislation staunchly favored by businesses and corporations which say they're being sued out of existence. But Democrats have said the bill was designed principally to hurt trial lawyers who litigate those cases and help businesses escape substantial monetary judgments for their wrongdoing.” The vote was on a motion to invoke cloture (thus limiting debate) on the motion to proceed to a bill that would overhaul class action litigation rules by allowing class actions with at least 100 plaintiffs to be removed to federal courts when at least $5 million were at stake and when fewer than two-thirds of class members, as well as the primary defendants, were citizens of the state in which the case was filed. In cases where between one-third and two-thirds of the plaintiffs resided in the same state as the defendant, judges would be allowed to decide whether the case could be removed from that state's courts. Cases in which the primary defendants and fewer than one-third of the plaintiffs resided in the same state would automatically be eligible for removal to federal courts. The NAACP opposed this legislation. [S 1751, 10/22/03, Vote 403; Associated Press, 10/22/03; NAACP Legislative Report Card, 2003-04] XXXX Voted Against Killing An Amendment To Place Restrictions On Punitive Damages And Lawsuits Relating To Terrorism. In 2002, XXXX voted for an amendment that would prohibit making a victim of a terrorist attack pay punitive damages for that attack unless that victim was first convicted in a Federal or State court for criminal conduct related to that attack. Additionally, the amendment would require prior Government approval for terrorism lawsuit settlements. [S 2600, 6/13/02, Vote 152] XXXX Voted Not To Provide Exceptions To A Cap On Lawyers’ Fees For Lawsuits Regarding Special Education. In 2001, XXXX voted against an amendment that would lift limits on fees that lawyers could charge the District of Columbia Government for legal actions regarding the special education services provided by the District to a minor: if the minor was from a family with an annual income of less than $17,600; if the minor was from a family in which one of the parents was a disabled veteran; or if the minor had been adjudicated as neglected or abused. (The bill, as amended, would cap at $150 per hour the hourly rate that any lawyer may charge the District of Columbia Government for legal actions regarding the special education services provided by the District to a minor, and will set a maximum fee limit of $3,000 for any one such legal action.) [Hr 2944, 11/7/01, Vote 330] 41

XXXX Voted For A GOP Amendment To Protect Small Businesses From Health Care Suits. In 2001, XXXX voted against a motion to table an amendment that would add that employers who offered health insurance coverage to their employees and who employed at least 2 and not more than 15 people would be given the same protections from lawsuits that this bill will give to physicians, other health care professionals, and hospitals. [S 1052, 6/29/01, Vote 215] XXXX Voted To Repeal Patient Protections If Reports Find That They Cause People To Lose Coverage. In 2001, XXXX voted for an amendment that would direct the Secretary of Health and Human Services to request the Institute of Medicine and the National Academy of Sciences to prepare and submit 5 annual reports, starting 2 years after the date of enactment, on the Act's impact on the number of individuals in the United States with health insurance coverage. If a report determined that 1 million or more people had lost their insurance as a result of passage of this Act, then the provisions to create new rights to sue employers and insurers in Federal and State courts would be repealed. [S 1052, 6/26/01, Vote 198] XXXX Voted for “Blanket Immunity” to Protect Employers from Lawsuits. In 2001, XXXX voted for an amendment to protect employers, even if they are part of a patient’s medical decision, from lawsuits. [S 1052, 6/26/01, Vote 197; Note: The Senate later passed an amendment to protect many employers, but the first amendment pushed a “blanket immunity” policy that Democrats did not support.] MEDICAL MALPRACTICE / PATIENTS RIGHTS XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $500,000. [Vote 116, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $750,000. [Vote 115, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Compensation for Medical Malpractice Suits. In 2004, XXXX voted for a bill that sought to curb damages against emergency and trauma center personnel, as well as obstetricians and gynecologists. The bill would have capped punitive damages at $250,000, or double the amount of economic compensation awarded whichever amount is greater. [Vote 66, 4/7/04] XXXX Voted to Cap Medical Malpractice Lawsuits. In 2004, XXXX voted for a bill that would have limited the liability of obstetricians and gynecologists in malpractice cases, despite the fact that limiting patients’ access to courts would not have helped current victims of malpractice, or deterred other health care industry workers from being careful in the future. [Vote 15, 2/24/04] XXXX Voted For A Bill That Would Cap Medical Malpractice Non-Economic Damages At $250,000. In 2003, XXXX voted for bill that would have capped awards in medical malpractice lawsuits. The bill would have limited awards for non-economic damages to $250,000. [Vote 264, 7/9/03] XXXX Voted to Limit Punitive Damages on Medical Malpractice Cases. In 2002, XXXX voted for an amendment to limit punitive damages in medical malpractice cases to twice the sum of compensatory damages, among other minor provisions. [S 812, 7/20/02, Vote 197] XXXX Opposed Patients’ Bill of Rights. In 2001, XXXX voted against the Patients’ Bill of Rights, a bill to provide federal protections, such as access to specialty and emergency room care, and allow patients to appeal a health plan organization’s decision on coverage and treatment. It also would allow patients to sue health insurers in state courts over quality-of-care claims and at the federal level over coverage disputes. Economic and non- economic damages would not be capped, and punitive damages would be capped at $5 million. The bill, as 42

amended, would exempt from federal cause of action all employers and plan sponsors with self-insured and self- administered health plans, including multiemployer plans, who act as their own designated decision makers. It also would require the administrative appeals process to be exhausted for patients before a cause of action is brought in connection with a denial of claim for benefits. [S 1052, 6/29/01, Vote 220] XXXX Voted For A “Tripartisan” Substitute That Would Cap Damages In Suits Against HMOs. In 2001, XXXX voted for an amendment that would enact various health insurance mandates, including on benefits that must be provided and on internal and external appeals processes that must be followed, and would create new rights to sue insurance providers. Under the substitute, suits would be allowed in Federal court under an "ordinary care" standard when a plan failed to comply with an external review decision or when it caused harm by delaying care, and damages would be capped. [S 1052, 6/29/01, Vote 219] XXXX Voted to Add a Huge Loophole to the Patients’ Bill of Rights. In 2001, XXXX voted for an amendment to add a huge loophole to allow HMOs to sell cheaper health plans to consumers if they give up their right to sue. This amendment would provide the insurance companies with a huge loophole to protect them from lawsuits. [S 1052, 6/29/2001, Vote 218] XXXX Voted For A GOP Amendment to Place 75% Of Punitive Damages In A Trust Fund For The Uninsured. In 2001, XXXX voted against a motion to table an amendment would provide that 75 percent of any civil monetary penalty in any proceeding allowed under any provision of, or amendment made by, the Act could only be awarded to the Secretary of the Treasury, who would place the entire amount in a trust fund that would be used to provide health insurance to uninsured Americans. [S 1052, 6/29/01, Vote 217] XXXX Voted For A GOP Amendment To Protect Small Businesses From Health Care Suits. In 2001, XXXX voted against the motion to table an amendment that would add that employers who offered health insurance coverage to their employees and who employed at least 2 and not more than 15 people would be given the same protections from lawsuits that this bill will give to physicians, other health care professionals, and hospitals. [S 1052, 6/29/01, Vote 215] XXXX Voted For A Republican Move To Recommit The Patients’ Bill Of Rights. In 2001, XXXX voted against an amendment that would make the research and experimentation tax credit permanent. [S 1052, 6/29/01, Vote 214] XXXX Voted For A GOP Amendment To Add Legal Protections For Doctors Providing Pro Bono Services. In 2001, XXXX voted against a motion to table an amendment that would add that notwithstanding any other provision of law, "no health care professional shall be liable for the performance of, or the failure to perform, any duty in providing pro bono medical services to a medically underserved or indigent individual." Supporters of the motion argued that the amendment was extraneous and the issue had been addressed by the Coverdell Volunteer Protection Act of 1997. [S 1052, 6/29/01, Vote 212] XXXX Voted For A GOP Amendment To Apply Patient Protection Amendments To Collective Bargaining Plans. In 2001, XXXX voted against the motion to table an amendment that would require that the general effective date (October 1, 2002) of the bill's amendments to the Public Health Services Act (PHSA) and the Employee Retirement Income Security Act (ERISA), as they pertain to group health plans, would apply to group health plans established through collective bargaining agreements. [S 1052, 6/29/01, Vote 211] XXXX Voted to Kill the Funding to Pay for Patients’ Bill of Rights Legislation. In 2001, XXXXX voted for an obvious Republican attempt to kill the PBOR by eliminating the bill’s source of funding. [S 1052, 6/29/01, Vote 210] XXXX Voted For A GOP Amendment To Limit Health Care Causes Of Actions To Federal Court. In 2001, XXXX voted an amendment that would require causes of action under this Act to be brought exclusively in Federal court. In cases involving medically reviewable decisions, damages would be determined under the State law of the State in which the injury occurred. If a State had not enacted specific limits on health plan or issuer liability, any 43

limits it had created for other health care entities would apply until it enacted such limits. [S 1052, 6/28/01, Vote 207] XXXX Voted For A Loophole to Exempt Health Plans from Liability. In 2001, XXXX voted against the motion to table a Republican amendment which would have forced some workers to either: (1) choose a good health care plan and agree that their employer cannot be held accountable even when the employer is involved in medical decisions, or (2) choose a bad health care plan where they could hold their employer responsible for medical decisions, or (3) accept incentives, such as money, to not sign up for a health care plan at all. [S 1052, 6/28/2001, Vote 206] XXXX Voted to Hold Designated Decision Makers Liable For Plan Decisions. In 2001, XXXX voted for an amendment under which an employer could have a designated decision maker (DDM) that would assume liability for plan decisions, including any liability for actions taken by the employer. The amendment would also strike the catch-all causes of action that this bill will allow to be brought in Federal and State courts against employers or DDMs, as the case may be, for failing "to exercise ordinary care in the performance of a duty" (for Federal suits) or "to otherwise perform a duty under the terms and conditions of the plan with respect to a claim for benefits of a participant or beneficiary" (for State suits). [S 1052, 6/28/01, Vote 205] XXXX Supported Capping Fees for Personal Injury Lawyers. In 2001, XXXX voted against the motion to table an amendment to cap attorney fees in medical malpractice cases in which a plaintiff is awarded more than $100,000 at 15 percent or less of the total amount awarded, which would discourage lawyers from taking on these cases. [S 1052, 6/28/01, Vote 204] XXXX Voted To Defer To State Laws That “Substantially Comply” With Patient Protections. In 2001, XXXX voted against an amendment that would amend the bill to provide that if a State were to have a mandate that "substantially complies" with one of the mandated benefits in the bill, then its mandate would not be superseded by the bill mandate. (The bill would supersede a State mandate unless it were "substantially equivalent" to a bill mandate; the Collins amendment proposed a "consistent with" standard). [S 1052, 6/28/01, Vote 203] XXXX Voted to Gut the PBOR and Allow States to Use Weaker Protections. In 2001, XXXX voted against the motion to table an amendment “that would have allowed states wide latitude to opt out of the federal regulations” on patient protections “for workers who are covered by state laws, leaving millions uncovered, according to critics of the proposal.” This amendment would have allowed states with weaker patient protections than the federal law to opt of the federal law. [S 1052, 6/28/01, Vote 202; The Washington Post, 06/29/01] XXXX Voted For A GOP Amendment That Would Prevent Medical Reviewers From Ignoring Contract Terms. In 2001, XXXX voted for an amendment that would make clear that a medical reviewer could not require a health plan to provide coverage for items or services that were specifically excluded or expressly limited and disclosed in the health care plan's terms, regardless of any determination relating to medical necessity and appropriateness, experimental or investigational nature of the treatment, or an evaluation of the medical facts involved. The motion to table was agreed to, 54-45. [S 1052, 6/27/01, Vote 200] XXXX Voted For A GOP Amendment To Exempt Small Businesses From Health Care Liability. In 2001, XXXX voted for an amendment that would give small businesses (businesses with 50 or fewer employees) that purchased health care coverage for their employees liability from actions they take as fiduciaries, trustees, or plan administrators (this exemption from lawsuits would be equivalent to the protection the bill will give to doctors, hospitals, and other health care providers for their actions in relation to health care plan decisions). The exemption would not apply to the HMOs or other plan agencies hired by the small businesses to provide insurance. The amendment was rejected, 45-53. [S 1052, 6/27/01, Vote 199] XXXX Voted To Repeal Patient Protections If Reports Find That They Cause People To Lose Coverage. In 2001, XXXX voted for an amendment that would direct the Secretary of Health and Human Services to request the Institute of Medicine and the National Academy of Sciences to prepare and submit 5 annual reports, starting 2 years after the date of enactment, on the Act's impact on the number of individuals in the United States with health 44

insurance coverage. If a report determined that 1 million or more people had lost their insurance as a result of passage of this Act, then the provisions to create new rights to sue employers and insurers in Federal and State courts would be repealed. The amendment was agreed to, 93-6. [S 1052, 6/26/01, Vote 198] XXXX Voted for “Blanket Immunity” to Protect Employers from Lawsuits. In 2001, XXXX voted for an amendment to protect employers, even if they are part of a patient’s medical decision, from lawsuits. [S 1052, 6/26/01, Vote 197; Note: The Senate later passed an amendment to protect many employers, but the first amendment pushed a “blanket immunity” policy that Democrats did not support.] XXXX Voted Against Providing A “Floor Of Federal Protection” For Patients. In 2000, XXXX voted against an amendment that would provide that any Federal legislation that is enacted "to protect patients against the abuses of managed care" would have to provide a "floor of Federal protection" that would apply to people insured in federally regulated private insurance plans, State-regulated private insurance plans, and State and local government insurance plans. The amendment was rejected, 47-51. [Vote 167, 6/29/00] XXXX Voted for A Republican Amendment To Limit Patient Protections To Self-Insured ERISA Plans. In 2000, XXXX voted for an amendment that would add the Patients Bill of Rights Plus Act, including “compromise language” that contained a new cause of action under which health maintenance organizations (HMOs) may be sued after completing the appeals process, but under which employers may not be sued unless they made the final decisions that caused the harm in question. The amendment would limit this protection to patients in Federally- regulated, self-insured ERISA plans. The amendment was agreed to, 51-47. [Vote 166, 6/29/00] XXXX Voted for GOP Alternative Bill Legislation Prohibiting Genetic Discrimination In Health Plans; Bill Lacked Several Protections. In 2000, XXXX voted for a Republican bill which extended protections against genetic discrimination, but failed to include more extensive patient protections. Before the law, insurance companies and health plans were barred from denying policies or adjusting premiums on those in groups plans on the basis of a person’s genetic information. But Democrats sharply criticized the bill for not including several important protections, including provisions to stop insurers from revealing the results of genetic tests to other parties, such as employers. "It's not half a loaf; it's no more than a thin slice," Sen. Edward M. Kennedy (D-Mass.) said of the Republican measure. The vote came after the defeat of a broader proposal by Senate Minority Leader Daschle that also would have banned genetic discrimination in employment situations. [Vote 165, 6/29/00; Los Angeles Times, 6/30/00; National Journal's CongressDaily, 6/30/00] XXXX Voted Against Legislation to Protect Patients Rights. In 2000, XXXX voted against an amendment that would add health insurance provisions advanced by Senator Kennedy and certain other conferees on H.R. 2990, the Patient's Bill of Rights Plus Act. The amendment would not include provisions from the Senate-passed bill, such as the provision barring genetic discrimination in insurance coverage. The motion to table was agreed to, 51-48. [Vote 121, 6/8/00] XXXX Voted for a Weakened Patients' Bill of Rights. In 1999, XXXX voted for a weakened Patients' Bill of Rights. [Vote 210, 7/15/99] XXXX Cast Crucial Vote Against Requiring Health Insurance Plans to Allow Patients to Continue Seeing Providers For Up to 90 Days After Their Plans Terminated. In 1999, XXXX cast a crucial vote against an amendment to the Patient’s Bill of Rights Act by Sen. Kerrey that would have added provisions on continuity of care. Specifically, it would have required federally regulated and State regulated health insurance plans to permit plan participants to continue seeing their health care providers for up to 90 days after those plans terminated their contracts with those providers. Pregnant patients would not be required to change doctors during the course of their pregnancies. Terminally ill patients would not be required to change doctors. [Vote 209, 7/15/99] XXXX Voted Against Keeping HMOs from Interfering Patients Rights. In 1999, XXXX voted against keeping HMOs from interfering in decisions between doctors and their patients. [Vote 208, 7/15/99] 45

XXXX Voted Against Holding HMO’s Accountable When Decisions Lead to Injury or Death. In 1999, XXXX voted for the Collins amendment to S.1344, which was an amendment to allow individuals to deduct 100 percent of the costs of long-term care insurance, at a cost of $5.4 billion with no offset, require coverage of emergency room services in some cases, require access to specialists and obstetrician and gynecological care for approximately half of the women in HMOs, and the amendment would not hold HMOs accountable for their actions, even when their actions cause serious injuries or death, by not allowing patients to sue in state courts for damages if they are harmed by a plan’s denial of treatment. [Vote 207, 7/15/99] XXXX Voted Against Holding HMO’s Accountable When Decisions Lead to Injury or Death. In 1999, XXXX voted for the Gregg amendment to S.1344, which was an amendment to strike language in the underlying bill that would allow patients to sue in state courts for damages if they are harmed by a HMOs denial of treatment. [Vote 206, 7/15/99] XXXX Voted Against Requiring Managed Care Access to Medical Specialists. In 1999, XXXX voted against the Bingaman amendment to S.1344, which was an amendment to allow patients in need of a specialist to visit one outside their plan network at no additional cost, if the plan cannot provide necessary care by a qualified provider within the network. [Vote 205, 7/14/99] XXXX Cast Crucial Vote; Against Protections Provided In Patient's Bill of Rights Apply to All Patients with Private Health Insurance. In 1999, XXXX cast a crucial vote against an amendment to extend mastectomy protections to privately insured Americans and extends protections in bill to all 161 million Americans with private health insurance. [Vote 204, 7/14/99] XXXX Voted to Guarantee Patients Access to Clinical Trials. In 1999, XXXX voted for an amendment that provides coverage for individuals participating in approved clinical trials and for approved drugs and medical devices. The amendment also requires that all patients with private health insurance be provided with inpatient coverage after mastectomy, lumpectomy, or lymph node dissection for treatment of breast cancer, for period of time determined by attending physician in consultation with patient; and provides for full coverage of second opinions by specialists in appropriate medical field. [Vote 203, 7/14/99] XXXX Voted to Deny Health Protections to More Than 100 Million Americans. In 1999, XXXX Voted to deny basic health protections to more than 100 million Americans. [Vote 202, 7/13/99] XXXX Voted Against Ensuring Insurance Coverage for Emergency Room Care. In 1999, XXXX voted against the Graham amendment to S.1344, which was an amendment to require group health plans to cover emergency room treatment and follow-up care for plan members without prior authorization if a “prudent layperson” would determine that the member requires immediate medical attention. [Vote 201, 7/13/99] XXXX Voted to Limit Application of Patient’s Bill of Rights. In 1999, XXXX cast a crucial vote for an amendment to the Patient’s Bill of Rights Act by Sen. Nicles that provided that the Act would not apply to any health plan if its application in a year caused or would cause the plan’s premiums to rise by more than 1%. The amendment also stipulated that the Act would not apply to any health plan if its application caused or would cause a decrease in 1 year of more than 100,000 in the number of privately insured Americans.[ Vote 200, 7/13/99] XXXX Cast Crucial Vote To Limit Appeals Against Insurance Companies That Deny Medical Care. In 1999, XXXX cast a crucial vote for an amendment to the Patient’s Bill of Rights Act by Sen. Frist, which struck the section of the Kennedy bill regarding appeals of adverse coverage decisions. The Frist amendment would enact provisions that would differ from the Kennedy bill provisions in two main respects. First, instead of enacting a Federal definition for the term "medical necessity," it would enact criteria for internal and external reviewers to consider. The second major difference from the Kennedy bill is that the Frist amendment would limit the internal and external appeals disputes that could be considered to disputes regarding medical necessity and appropriateness and to denials of treatments based on their experimental or investigational nature. Non-medical disputes, such as legal or administrative disputes, would continue to be handled by insurance regulators. [Vote 199, 7/13/99] 46

XXXX Cast Crucial Vote; Against Allowing Women to Choose Their OB/GYN as Primary Heath Care Providers. In 1999, XXXX cast a crucial vote against the Robb amendment to S.1344, which was an amendment to allow women in group health plans to designate an obstetrician/gynecologist as their primary care physician, and to determine, with their physicians, using generally accepted medical standards, the appropriate length of a hospital stay following a mastectomy, lumpectomy or lymph node dissection for the treatment of breast cancer. It also would allow self-employed individuals to fully deduct the cost of their health insurance on their federal taxes, the cost of which would be offset by an extension of Superfund taxes. [Vote 198, 7/13/99] XXXX Voted Against Providing Access to Emergency Rooms and Specialists. In 1999, XXXX voted to kill the Dorgan amendment to S.1233, which was an early version of the Patients’ Bill of Rights. This was an amendment to guarantee access to emergency rooms, specialists, clinical trials, and prescription drugs. It was an amendment to hold HMOs accountable when its decisions lead to injury or death, and to ensure that doctors, not HMO bureaucrats, make health care decisions. [Vote 182, 6/22/99] XXXX Voted to Limit Protections In Patients’ Bill of Rights. In 1999, XXXX voted for the Lott amendment to S.1233, which was a Republican version of the Patients’ Bill of Rights that did not ensure that doctors, not HMO bureaucrats, make health care decisions, and only covered one-third of those in HMOs, among many other provisions. [Vote 181, 6/22/99] XXXX Voted for Medical Malpractice Reform that Limited Patients Rights. In 1998, XXXX Voted for medical malpractice reform measures that limited rights of injured patients to hold their doctors accountable. [Vote 144, 5/20/98] XXXX Cast Crucial Vote Against Strong Patients’ Bill of Rights. In 1998, XXXX cast crucial voted against a Patients’ Bill of Rights that would generate access to health coverage. [Vote 73, 4/2/98] XXXX Voted to Allow Doctors to Gauge Patients. In 1998, XXXX voted to allow doctors, hospitals and other Medicare providers to charge patients unlimited amounts of money on top of their Medicare reimbursement, allowing doctors to gauge patients. [Vote 53, 4/1/98] 47

CRIME AND GUNS [SEE ALSO HOMELAND SECURITY FOR LAW ENFORCEMENT] HIGHLIGHTS  In the wake of the Sandy Hook shooting tragedy, XXXX voted against the bipartisan background check compromise bill that expanded the existing background checks system to include firearms purchased at gun shows and over the internet. XXXX supported a weaker gun control alternative bill.  XXXX repeatedly voted against the assault weapons ban and opposed tougher restrictions on gun sales.  In 2005, XXXX voted for a bill to exempt gun companies from liability if their guns were used to commit acts of violence, even if they showed gross neglect that contributed to the violence, and even if they civil lawsuits were by law enforcement officers who were victims of gun violence.  In 2013, XXXX supported an amendment to allow concealed carry permits issued in one state to be valid in all, and in 2009 voted to allow concealed handgun permits to apply across state lines. THE XXXX VOTING RECORD ASSAULT WEAPONS BAN XXXX Voted Against Banning Assault Weapons. In April 2013, XXXX voted against Feinstein, D-Calif., amendment no. 711 that would prohibit the future production, import, sale, transfer or possession of certain firearms considered to be assault weapons and ammunition magazines holding more than 10 rounds, with exemptions for law enforcement officials. It would exempt certain firearms used for hunting and sporting purposes from the ban. It also would allow law enforcement grant funds be used to buy back semiautomatic assault weapons and large capacity ammunition clips. The amendment was rejected by a vote of 40-60 (D 38-15; R 1-44; I 1-1). [Vote 101, 4/17/13] XXXX Opposed Extending the Assault Weapons Ban. In 2004, XXXX voted against a 10-year extension of the assault weapons ban, which was set to expire in September 2004. [Vote 24, 3/2/04] XXXX Voted Against Tougher Restrictions on Gun Sales and an Extension of the Assault Weapons Ban. In 2004, XXXX voted against a bill that barred certain civil lawsuits against manufacturers, distributors, dealers and importers of firearms and ammunition, mainly those lawsuits aimed at making them liable for gun violence, trade groups also were protected. The bill required the dismissal of pending lawsuits against the gun industry, except for those involving a defect in a weapon or ammunition. The bill also required criminal background checks on all firearm transactions at gun shows where at least 75 guns were sold. Exemptions were provided for dealers selling guns from their homes as well as members-only gun swaps and meets conducted by nonprofit hunting clubs. It provided for a 10-year reauthorization of the assault weapons ban set to expire in September 2004. The legislation increased penalties for violent or drug trafficking crimes in which the perpetrator used or possessed armor-piercing ammunition to a minimum of 15 years imprisonment. If death resulted from the use of such ammunition, a person could be imprisoned up to life or face the death penalty. [Vote 30, 3/2/04] BACKGROUND CHECKS XXXX Voted Against Bipartisan Background Check Compromise. In April 2013, XXXX voted against Manchin, D-W.Va., amendment no. 715 that would expand an existing background check system to include firearms purchased at gun shows and over the Internet. It would allow gun show sales to proceed if a background 48

check does not prompt a response within 48 hours and reduce that to a 24-hour wait four years after enactment. It would exempt family transfers and some private sales. The amendment would restrict law enforcement grant funds for states that do not provide all available records to the national background check database. It would ban the creation of a national firearms registry, allow active-duty military members buy guns in their home state and create a commission to study the causes of mass violence in the United States. The measure was rejected by a vote of 54- 46 (D 48-5; R 4-41; I 2-0). [Vote 97, 4/17/13]  AP Headline: “Senate Rejects Bipartisan Plan Expanding Background Checks For Guns.” [AP, 4/17/13]  Arizona Republic Headline: “Senate Rejects Bipartisan Gun Control Effort.” [Arizona Republic, 4/17/13]  NPR Headline: “Senate Rejects Compromise On Expanded Background Checks.” [NPR, 4/17/13] XXXX Voted Against Ending Filibuster On Background Check Bill. In April 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to a bill that would require background checks on private and commercial firearm sales, with certain exceptions. It also would make it a federal crime to buy guns on behalf of those who are legally barred from owning them and extend a school safety grant program through 2023. The motion was agreed to by a vote of 68-31 (D 50-2; R 16-29; I 2-0). [Vote 95, 4/11/13] XXXX Voted In Favor Of Weak Gun Control Alternative. In April 2013, XXXX voted in favor of Grassley, R- Iowa, substitute amendment no. 725 that would reauthorize grants to help states use the national background check database. It would require federal courts to submit records to the database and restrict federal grant funds to states that do not meet reporting requirements. It also would expand definitions of mental illness that prohibit individuals from owning guns, make it a federal crime to purchase firearms on behalf of people legally barred from owning them and call for a task force to investigate and prosecute attempted firearm purchases by felons and fugitives. It would prohibit the Justice Department from inducing licensed gun dealers to sell firearms to a straw purchaser unless department officials certify that certain safeguards are in place. It would call for a study on the causes of mass shootings, including the impact of violent video games, and reauthorize grant programs on school security, mental health and crime prevention. The amendment was rejected by a vote of 52-48 (D 9-44; R 43-2; I 0-2). The Hill reported, “The Senate rejected a GOP substitute bill on gun control reforms Wednesday. Sen. Chuck Grassley’s (R-Iowa) amendment failed on a 52-48 vote. It would have replaced S. 649, the Safe Communities, Safe Schools Act, which would expand background checks on gun purchases, crack down on gun trafficking and beef up security in schools. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) called the GOP amendment a ‘weak and counterproductive alternative’ that didn’t go through regular order in the committee and ‘undermines law enforcement.’” [Vote 98, 4/17/13; The Hill, 4/17/13] XXXX Opposed Requiring Background Checks on Firearms. In 2004, XXXX voted against a proposal requiring criminal background checks on all firearms transactions that occurred at events that provided a venue for the sale, offer for sale, transfer, or exchange of firearms. [Vote 25, 3/2/04] XXXX Voted to Allow Destruction of Records Used for Gun Background Checks. XXXX voted for the FY04 Omnibus Appropriations bill, which included a provision, “supported by the National Rifle Association, that will require the destruction of records on background checks for gun purchases within 24 hours if law enforcement officials find no immediate red flags; currently, records can be saved for 90 days.” [Vote 3, 1/22/04; Pioneer Press, 1/23/04] GUN MANUFACTURER LIABILITY XXXX Did Not Vote on Bill That Exempted Gun Companies From Liability. In July 2005, XXXX did not vote on a bill that exempted gun manufacturers and sellers from liability if their guns were used to commit acts of violence. The bill specifically barred civil law suits that attempted to hold, manufacturers, distributors, dealers and importers of firearms and ammunition liable for gun violence. The bill also protected trade groups from civil action, and dismissed all pending legal action against gun makers. [Vote 219, 7/29/05] 49

XXXX Voted Against Holding Gun Dealers and Manufacturers Liable for Gross Neglect. In July 2005, XXXX voted to kill an amendment that would have protected the rights of victims of gun violence. The amendment to the gun liability bill would have allowed victims of gun violence to hold gun dealers and manufacturers liable if they showed gross recklessness or neglect that contributed to the violence. [Vote 208, 7/28/05] XXXX Voted Against Requiring Gun Dealers to Sell Hand Guns With Either Trigger Locks or Secure Storage Device. In July 2005, XXXX voted against an amendment to require gun dealers to ensure the safety of their guns. The amendment, which passed, would have required gun dealers to sell trigger locks or secure storage devices with every handgun they sold. Penalties for failure to comply included a six-month suspension of a license, the revocation of a license, or a $2,500 fine. [Vote 207, 7/28/05] XXXX Voted Against Limiting Gun Manufacturer’s Liability Only After Assault Weapons Ban Was Added to Bill. In 2004, XXXX voted against a bill that barred certain civil lawsuits against manufacturers, distributors, dealers and importers of firearms and ammunition, mainly those lawsuits aimed at making them liable for gun violence, trade groups also were protected. The bill required the dismissal of pending lawsuits against the gun industry, except for those involving a defect in a weapon or ammunition. McConnell only voted against the bill after the Assault Weapons Ban was added. [Vote 30, 3/2/04; Nashua Telegraph, Dandurant Column, 4/3/05] XXXX Voted Against Civil Lawsuits by Law Enforcement Officers Who Are Victims of Gun Violence. In 2004, XXXX voted against allowing civil lawsuits against the firearms industry by local, state, and federal law enforcement officers who are the victims of gun violence. [Vote 22, 2/26/04] XXXX Voted Against Holding Arms Dealers Liable. In March 2004, XXXX voted against an amendment that clarified that a manufacturer or seller of a firearm would be liable for foreseeable injuries to consumers that purchase a firearm. It would modify the definition of reasonably foreseeable in the underlying bill to mean “the reasonable anticipation that harm or injury is likely to result.” [Vote 23, 3/1/04] XXXX Voted to Protect Gun Manufacturers In Cases of Gross Negligence. In March 2004, XXXX voted against an amendment that would exempt from the provisions of the bill civil lawsuits in which gross negligence or reckless conduct of a defendant led to the death or injury of another person. [Vote 29, 3/2/04] XXXX Voted to Require Guns to Be Sold With Trigger Safety Locks. In 1999, XXXX voted to require guns to be sold with trigger safety locks that could prevent their use by children or burglars. [Vote 122, 5/18/99] XXXX Voted To Protect Gun Dealers. In 1999, XXXX voted for the Craig amendment to S.254, which was an amendment to allow private gun dealers to access the national instant background check system to check the background of purchasers at gun shows. In return for participation in this voluntary system, these dealers would have civil liability immunity for certain future federal firearm violations. [Vote 112, 5/12/99] XXXX Voted to Require Gun Dealers to Make Trigger Locks Available. In 1998, XXXX voted for the Craig amendment to S.2260, which was an amendment to require gun dealers to make trigger locks available as a condition for receiving and keeping their licenses. The amendment also would establish a grant program to educate and train the public on the safe ownership, storage, and use of firearms. [Vote 215, 7/21/98] XXXX Voted to Allow Manufacture of Sawed-Off Shotguns. In 1996, XXXX voted to kill the Biden motion to recommit S.735 to the conference committee with instructions to report it back with a provision that increases from three to five years the statute of limitations for violations of the National Firearms Act, which makes it a crime to manufacture sawed-off shotguns, machine guns, silencers, grenades, and bombs without proper registration. [Vote 64, 4/17/96] CONCEALED WEAPONS 50

XXXX Voted To Allow Concealed Carry Outside Of The State That Issued The Permit. In April 2013, XXXX voted in favor of Cornyn, R-Texas, amendment no. 719 that would allow concealed-carry permits issued in one state to be valid in all others that issue such permits. It would require that a person carrying a concealed weapon outside of the permitting-issuing state, follow the concealed-carry regulations of the state in which the individual is located. The amendment was rejected by a vote of 57-43 (D 13-40; R 44-1; I 0-2). [Vote 100, 4/17/13] XXXX Voted to Allow Gun Owners to Carry Concealed Firearms Across State Lines. In July 2009, XXXX voted for an amendment that would have allowed licensed gun owners to carry concealed firearms across state lines. The amendment, offered by John Thune, R-S.D. on the fiscal 2010 defense authorization bill, would have allowed individuals to carry concealed firearms across state lines if they had valid permits or were legally entitled by their state of residence to do so. After entering another state, an individual would have had to respect that state’s laws as they apply to conceal-and-carry permit holders. The Senate voted to kill the amendment 58-39. [CQ Today, 7/22/09; Vote 237, 7/22/09] XXXX Voted to Exempt Law Enforcement Officers from Concealed Weapon Laws. In March 2004, XXXX voted for an amendment that exempted off-duty and retired law enforcement officers from state laws that prohibited the carrying of concealed handguns. [Vote 26, 3/2/04] HIGH CAPACITY MAGAZINES XXXX Voted Against Limiting High Capacity Magazines. In April 2013, XXXX voted against Blumenthal, D- Conn., amendment no. 714 that would prohibit the future production, import, sale, transfer or possession of ammunition magazines holding more than 10 rounds, with exemptions for law enforcement officials. It would also allow law enforcement grant funds be used to buy back semiautomatic assault weapons and large capacity ammunition clips. The amendment was rejected by a vote of 56-54 (D 43-10; R 1-44; I 2-0). [Vote 103, 4/17/13] MISCELLANEOUS GUN CONTROL XXXX Voted In Favor Of Allowing Firearms On Federally Managed Land. In May 2013, XXXX voted in favor of Coburn, R-Okla., amendment no. 805 to the Boxer, D-Calif., substitute amendment no. 799. The Coburn amendment would bar the Army secretary from establishing or enforcing regulations that prohibit the possession of firearms on water infrastructure property managed by the Army Corps of Engineers if the individual is not prohibited from possessing it and is in compliance with state gun laws. The substitute would authorize Army Corps of Engineers water infrastructure projects through 2016. It would increase funds available from the Harbor Maintenance Trust Fund for harbor and dredging projects, starting at $1 billion in fiscal 2014 and increasing annually until fiscal 2020, when all the money directed to the fund that year would be for dredging and other harbor projects. The amendment was rejected by a vote of 56-43 (D 11-41; R 44-1; I 1-1). [Vote 115, 5/8/13] XXXX Voted In Favor Of Weak Gun Control Alternative. In April 2013, XXXX voted in favor of Grassley, R- Iowa, substitute amendment no. 725 that would reauthorize grants to help states use the national background check database. It would require federal courts to submit records to the database and restrict federal grant funds to states that do not meet reporting requirements. It also would expand definitions of mental illness that prohibit individuals from owning guns, make it a federal crime to purchase firearms on behalf of people legally barred from owning them and call for a task force to investigate and prosecute attempted firearm purchases by felons and fugitives. It would prohibit the Justice Department from inducing licensed gun dealers to sell firearms to a straw purchaser unless department officials certify that certain safeguards are in place. It would call for a study on the causes of mass shootings, including the impact of violent video games, and reauthorize grant programs on school security, mental health and crime prevention. The amendment was rejected by a vote of 52-48 (D 9-44; R 43-2; I 0-2). The Hill reported, “The Senate rejected a GOP substitute bill on gun control reforms Wednesday. Sen. Chuck Grassley’s (R-Iowa) amendment failed on a 52-48 vote. It would have replaced S. 649, the Safe Communities, Safe Schools Act, which would expand background checks on gun purchases, crack down on gun trafficking and beef up security in schools. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) called the GOP amendment a ‘weak and counter productive alternative’ that didn’t go through regular order in the committee and ‘undermines law enforcement.’” [Vote 98, 4/17/13; The Hill, 4/17/13] 51

XXXX Voted Against Banning Straw Purchases Of Guns On Behalf Of Those Legally Barred From Owning Them. In April 2013, XXXX voted against Leahy, D-Vt., amendment no. 713 that would revise provisions in the bill that would make it a federal crime to purchase firearms on behalf of those legally barred from owning them to include exceptions for firearms purchased as a raffle, contest or auction award, as a gratuity for a hunting guide, as an employee bonus or as a commemorative award or honorarium. The amendment was rejected by a vote of 58-42 (D 53-0; R 3-42; I 2-0). [Vote 99, 4/17/13] XXXX Voted To Withhold Funding For Law Enforcement If A State Released Gun-Ownership Data. In April 2013, XXXX voted in favor of Barrasso, R-Wyo., amendment no. 717 that would withhold 5 percent of law enforcement grant funds to states and localities that release gun-ownership data, with an exception for the release of data necessary for a criminal investigation or legal proceeding. The amendment was adopted by a vote of 67-30 (D 22-28; R 45-0; I 0-2). [Vote 104, 4/18/13] XXXX Voted To Allow Veterans To Obtain Firearms Even If They Are Mentally Incapacitated, Incompetent Or Experiencing An Extended Loss Of Consciousness. In April 2013, XXXX voted in favor of Burr, R-N.C., amendment no. 720 that would prevent veterans who are mentally incapacitated, deemed mentally incompetent or experiencing an extended loss of consciousness from being deemed "a mental defective" and blocked from owning guns unless a court finds that the individual poses a danger to himself or others. The amendment was rejected by a vote of 56-44 (D 9-44; R 45-0; I 2-0). [Vote 102, 4/17/13] XXXX Voted To Require 60-Vote Majority For Any Gun Legislation. In March 2013, XXXX voted in favor of a Lee, R-Utah, motion to waive the Budget Act with respect to the Murray, D-Wash., point of order against the Lee amendment no. 673 for not being germane. The Lee amendment would create a 60-vote point of order against certain legislation related to gun policy, including prohibiting the possession of certain types of guns, limiting the size of ammunition clips or requiring background checks for private firearm transfers. The motion was jrected by a vote of 50-49 (D 6-46; R 44-1; I 0-2). [Vote 87, 3/23/13] XXXX Supported Government Funding To Prevent The US From Entering Into UN Arms Treaty. In March 2013, XXXX voted in favor of Inhofe, R-Okla., amendment no. 139 that would create a deficit-neutral reserve fund to allow for legislation related to Second Amendment rights, including preventing the United States from entering into the U.N. Arms Trade Treaty. The amendment was adopted by a vote of 53-46 (D 8-44; R 45-0; I 0-2). [Vote 91, 3/23/13] XXXX Voted to Deny Funding for Amtrak Unless Riders Are Allowed to Transport Firearms in Checked Baggage. In September 2009, XXXX voted to cut off Amtrak funding unless riders are allowed to transport firearms in checked baggage. The amendment to the FY 2010 Transportation-HUD Appropriations bill offered by Senator Wicker would deny Amtrak its $1.5 billion federal subsidy next year unless it allows passengers to pack firearms in their checked luggage by March. The amendment was adopted 68-30. [CQ Today, 9/16/09; Vote 279, 9/16/09] XXXX Voted to Allow Firearms in National Parks and Wildlife Refuges. In May 2009, XXXX voted for an amendment to a credit card bill that would ban the Interior Department from prohibiting visitors to national parks and wildlife refuges from carrying firearms if they comply with state laws. The amendment offered by Coburn was adopted on a 67-29 vote, including 27 Democrats and one independent. [CQ Today, 5/19/09; Vote 188, 5/19/09] XXXX Voted to Repeal the D.C. Restrictions on Semiautomatic Weapons. In February 2009, XXXX voted for an amendment by John Ensign, R-Nev., that would repeal the District’s restrictions on semiautomatic weapons, bar the city’s registration requirements for most guns and drop criminal penalties for possessing an unregistered firearm in the District. The amendment drew the support of moderate, Midwestern and Western Democrats, including Majority Leader Harry Reid of Nevada, a strong bill backer. The amendment passed 62-36. [CQ Today, 2/26/09; Vote 72, 2/26/09] 52

XXXX Opposed Expanding the Definition of Armor-Piercing Ammunition. In 2004, XXXX voted against an amendment to expand the federal definition of armor-piercing ammunition to include a projectile that could be used in a handgun that could penetrate body armor worn by law enforcement officers. [Vote 28, 3/2/04] XXXX Voted for Tougher Sentencing for Crimes Using Armor Piercing Bullets. In 2004, XXXX voted for an amendment that required the attorney general to commission a study to determine if a uniform standard for the testing of projectiles against body armor was feasible. It also increased the penalties for violent or drug trafficking crimes in which the perpetrator used or possessed armor-piercing ammunition to a minimum of 15 years imprisonment. If death resulted from the use of such ammunition, a person could be imprisoned up to life or face the death penalty. [Vote 27, 3/2/04] XXXX Voted to Prohibit the Sale or Transfer of Handguns Without Proper Safety Devices. In 2004, XXXX voted for an amendment to prohibit the sale or transfer of handguns by licensed manufacturers, importers or dealers without secure gun storage or safety devices provided for each handgun. [S 1805, Vote 17, 2/26/04] XXXX Voted Against a $15 Million Gun Buyback Program. In 2001, XXXX voted against an amendment to allow $15 million for the Housing and Urban Development (HUD) Gun Buyback Program. It allows public housing authorities and local police departments to undertake buyback initiatives. [HR 2620, Vote 267, 8/2/01] XXXX Voted Against Supporting the Million Mom March. In 2000, XXXX voted against an amendment that would express the sense of the Senate that organizers of the Million Mom March should be commended and that Congress should pass the conference report on the juvenile justice bill, including the Senate-passed provisions, before the Memorial Day recess. [Vote 100, 5/16/00] XXXX Voted to Divert Money from Tax Cuts to Gun Law Enforcement. In 2000, XXXX voted for an amendment that would deny $289.5 million in tax cuts over 5 years and would increase spending by that amount in function 750 (Justice), with the intention of hiring 500 new Federal Alcohol, Tobacco, and Firearm (ATF) agents and inspectors and 1,000 new Federal, State, and local prosecutors "to take dangerous gun offenders off the streets." The Craig amendment would nullify the provisions of the underlying amendment and would then provide the same amount of funding, $289.5 million, for the enforcement of laws that target the criminal used of firearms. The amendment was agreed to, 54-46. [Vote 74, 4/7/00] XXXX Voted to Create A Program To Promote Gun Education And Safety. In 2000, XXXX voted for an amendment that would create a new Federal program to award grants through an application process to various schools: for the development and dissemination of model programs to reduce violence in schools; for the education of students about the dangers associated with guns; and for the distribution of violence- prevention information, including information about safe gun storage, to children and their parents. The amendment was agreed to, 91-7. [Vote 32, 3/2/00] XXXX Vote Against An Amendment That Called For Policies To Reduce Gun Violence In Schools. In 2000, XXXX voted against an amendment that would express the sense of the Senate that "before April 20, 2000, Congress shall make schools safe for learning by implementing policies that will reduce the threat of gun violence in schools." On the next vote, XXXX voted for the same amendment that also included a finding that Congress has "failed to pass reasonable, common-sense gun control measures" following the violence nearly a year ago at Columbine High School.” [Vote 27, 3/2/00; Vote 28, 3/2/00] XXXX Voted to Allow Same Discipline for Special Education Students and Other Students for Brining Weapons to School. In 1999, XXXX voted for an amendment that permits school personnel to suspend or expel children with disabilities from their schools for unlimited periods of time for carrying or possessing gun or other firearm to or at school, without providing any educational services, including behavioral intervention services. [Vote 137, 5/20/99] XXXX Voted for Charging a Fee to Gun Purchasers to Pay for Brady Bill. In 1998, XXXX voted for charging a fee to gun purchasers to pay for the Brady Bill instant background check. [Vote 217, 7/21/98] 53

MISCELLANEOUS CRIME XXXX Voted to Pass the Crime Victim’s Rights Bill. In April 2004, XXXX voted for a bill that would provide victims of crime or their representatives the right to be heard at public proceedings and would require judicial officials to take victims' safety into account when deciding the fate of defendants. It would provide victims the right to reasonable, accurate and timely notice of any public proceeding involving the crime or of any release or escape of the accused. It also would authorize $122.3 million from fiscal 2005 through 2009 for grants administered by the Justice Department to encourage states to establish and maintain programs to carry out the provisions related to crime victims' rights and for the development of a notification system of dates and criminal proceedings for crime victims. [S 2329, Vote 70, 4/22/04] XXXX Voted Against Giving Convicted Felons The Right To Vote. In 2002, XXXX voted against giving convicted felons the right to vote in federal elections. The amendment McConnell voted for would require every State to permit registration and voting in Federal elections by citizens who have committed felonies, have completed serving their sentences, and are on neither parole nor probation. The vote was on a Reid/Specter amendment to the Equal Protection of Voting Rights Act. [S 565, Vote 31, 2/14/02] XXXX Supported Bill to Combat Human Trafficking and Violence Against Women. In October 2000, XXXX voted for a bill that would that would combat human trafficking, including those forced into sexual slavery, and establish a new visa for aliens who are victims of human trafficking. It also would authorize approximately $3 billion in fiscal years 2001-2005 for programs to combat violence against women. State attorneys would be granted general authority to bring civil action in federal courts to enforce state laws that outlaw the direct sale of alcohol over the Internet. It would require states releasing violent sexual offenders who commit similar crimes in another state to reimburse the second state for costs related to the incarceration, prosecution and apprehension of the criminal. Terrorism victims would be allowed to recover judgments against countries listed by the State Department as terrorism sponsors. [Vote 269, 10/11/00] XXXX Supported A Victims’ Right Constitutional Amendment. In 2000, XXXX voted for an amendment that would propose a new amendment to the Constitution of the United States, valid if ratified by the legislatures of three-4ths of the States within 7 years from the date of its submission by Congress. The amendment would protect victims’ rights of notice and access to public hearings relating to the crime, as well as rights concern the parole and pardon the convicted offender. The cloture motion was agreed to, 82-12. [Vote 86, 4/27/00] DRUGS XXXX Voted Against Providing $634.7 Million to Rural Law Enforcement for Anti-Drug Enforcement. In 2003, XXXX voted against an effort to provide $634.7 million for the Edward Byrne Memorial Grant Program, which provides money to rural law enforcement agencies for antidrug enforcement. Democrats sought to add the law enforcement funding to the $390 billion government-wide spending bill, which covered the 11 non-defense fiscal 2003 appropriations bills that Congress did not enact in 2002. Democrats said was $9.8 billion short of what they approved in 2002 when they controlled the Senate. The vote was on the Stevens, R-AK, motion to table (kill) the Harkin, D-IA, amendment to the Fiscal 2003 Omnibus Appropriations bill. [HJ Res 2, Vote 6, 1/17/03] XXXX Voted Against $164 Million For Counter-Narcotics Programs In Latin America. In 2001, XXXX voted against increasing funding for Plan Colombia, the counter-narcotics programs in Latin America, by $164 million, from $567 million to Bush’s requested amount of $731 million. The vote was on a motion to waive the Budget Act for the consideration of the Graham/Hagel/Dodd amendment to the Foreign Operations, Export Financing, and Related Programs Appropriations Bill for FY 2002. [HR 2506, Vote 311, 10/24/01; Congressional Quarterly Daily Monitor, 10/21/01] XXXX Voted To Cut Funding To Fight Drug Trafficking In Colombia. In 2000, XXXX voted against an amendment that would strike all but $200 million of the $934.1 million in FY 2000 funding for combating drug 54

trafficking in Colombia, and would give the Secretary of State discretion to use the remaining funding for drug control efforts in Colombia, Bolivia, Ecuador, Peru, and other countries in South and Central American and the Caribbean. The amendment was rejected, 19-79. [Vote 139, 6/21/00] XXXX Voted Against Shifting Money From Plan Colombia To Substance Abuse Programs. In 2000, XXXX voted for an amendment that would strike $225 million in military assistance that would be given to Colombia to help it to mount a military offensive against the drug dealer armies in southern Colombia as part of Plan Colombia. The amendment would instead increase spending by $225 million on Substance Abuse Mental Health Administration (SAMSHA) programs to treat drug addicts. The motion to table was agreed to, 89-11. [Vote 138, 6/21/00] XXXX Voted for GOP-Backed Stronger Powder Cocaine Penalties, Rather Than Lower Sentences for Crack Cocaine. In 1999, XXXX voted for an amendment that expanded federal efforts to stop the growth of methamphetamine and amphetamine, and imposed tougher mandatory minimum sentences for trafficking in powder cocaine. The measure reduced the sentencing disparity between powder and crack cocaine by tightening the penalty against dealers of the powder, which allows stricter penalties for crack cocaine, more heavily used by African Americans, than powder cocaine, heavily used by whites. Opponents and the Clinton administration wanted to decrease the disparity by lowering the sentencing for crack cocaine. The vote was on the Hatch amendment, which enacted the Methamphetamine Anti-Proliferation Act. [Vote 360, 11/10/99; Associated Press, 11/11/99] CHILDREN AND SCHOOL SAFETY XXXX Voted For the National Kidnapping Alert System. In 2003, XXXX voted for the National Kidnapping Alert System, which would establish a national coordinator for AMBER alerts, an alert system for missing children, within the Justice Department. The coordinator would work to expand the network of the AMBER alert systems and would coordinate the issuance of region wide alerts. The bill also would authorize a grant program to help establish electronic message boards as well as training and education programs in states that do not have the alert system. The Justice Department would be responsible for establishing standards for issuing alerts. The vote was on passage of the National Kidnapping Alert System. [S 121, Vote 9, 1/21/03] XXXX Voted To Criminalize Pandering Or Soliciting Child Pornography. In February 2003, XXXX voted for a bill that would make it a crime to pander or solicit child pornography. It would require the pandering to be linked to material that had been determined to be obscene and would require prosecutors to show a suspect acted with intent. The bill's pandering provision would make it a crime to present material "or purported material" that conveys the impression that a minor is engaging in sexual behavior. [S 151, Vote 35, 2/24/03] XXXX Supported $49 Million for School and Community Safety Programs. XXXX, on May 14, 2001, voted for the Cleland amendment to S.1, which was an amendment to establish a National Center for School and Youth Safety to offer emergency assistance in response to school safety crises, an anonymous student hotline, consultations regarding school safety, and outreach activities. John McCain was one of 74 senators to vote for this amendment. [S 1, Vote 102, 5/14/01] XXXX Voted to Call for Reauthorization Of The Safe And Drug-Free Schools Program. In 2000, XXXX voted for an amendment that would express the sense of the Senate that the "reauthorization of the Safe and Drug- Free Schools program that Congress soon will be considering should target the elimination of illegal drugs and violence in our schools and should encourage local schools to insist on zero-tolerance policies towards violence and illegal drug use." The amendment was agreed to, 96-1. [Vote 26, 3/2/00] XXXX Voted Against Exempting Juveniles and Mentally Ill From Prison Litigation Reform Act. In 1999, XXXX voted to kill an amendment that would exempt juveniles and the mentally ill from current laws that limit the power of federal courts to grant injunctive relief on the basis of prison conditions. [Vote 219, 7/22/99] XXXX Voted Against Media Campaign to Prevent Underage Drinking. In 1999, XXXX voted against the Lautenberg amendment to S.1217, which was an amendment to provide $25 million for a media campaign to 55

prevent alcohol use by individuals under 21 years old. [Vote 217, 7/22/99] XXXX Voted To Filter Obscene Material From School Computers. In 2000, XXXX voted to enact the Children's Internet Protection Act, which would cut off Federal Internet access subsidies to schools that failed to implement filtering or blocking technology on computers with Internet access. Schools would have to implement filtering or blocking technology that prevented children's access to child pornography, other obscene material, and any other material that the school, school board, or other authority determined was inappropriate for minors. The amendment was agreed to, 95-3. [Vote 149, 6/27/00] XXXX Voted to Allow Same Discipline for Special Education Students and Other Students for Brining Weapons to School. In 1999, XXXX voted for an amendment that permits school personnel to suspend or expel children with disabilities from their schools for unlimited periods of time for carrying or possessing gun or other firearm to or at school, without providing any educational services, including behavioral intervention services. [Vote 137, 5/20/99] XXXX Voted Against Addressing Disproportionate Number of Minority Children in Prison. In 1999, XXXX cast a crucial vote to kill Hatch motion to table Wellstone, et al., amendment: Strikes language requiring States to assess extent to which 'segments' of juvenile population are incarcerated to greater extent than proportion of these groups in general juvenile population, and to address prevention efforts designed to reduce that disproportionate confinement; and inserts language that requires States to address juvenile delinquency prevention efforts and system improvement efforts designed to reduce, without numerical standards or quotas, disproportionate number of juvenile members of 'racial minority groups' who come in contact with juvenile justice system. [Vote 130, 5/19/99] XXXX Voted Against Grants for Children Subjected to Domestic Violence. In 1999, XXXX voted to kill the Wellstone amendment to S.254, which was an amendment to authorize grants to aide children who have witnessed domestic violence, and to train adults on how to work with them. [Vote 125, 5/18/99] XXXX Voted Against Supporting a Program to Prevent Youth Violence. In 1999, XXXX Voted against supporting a program to prevent youth violence and against helping schools combat school violence. [Vote 107, 5/11/99] DOMESTIC VIOLENCE XXXX Voted Against Prohibiting Defense Contracting With Companies Who Deny Women Their Day in Court for Sexual Assault Claims. In October 2009, XXXX voted against an amendment to the FY 10 Defense Appropriations that would prohibiting the Defense Department from contracting with companies that require employees to resolve sexual assault allegations and other claims through arbitration. Democratic Sen. Al Franken of Minnesota said he sponsored the measure in response to the case of former KBR/Halliburton employee Jamie Leigh Jones, who alleges she was raped by co-workers while in Iraq in 2005. She went public with her story in 2007. "Contractors are using fine print to deny women like Jamie Leigh Jones their day in court," Franken said during debate on the amendment. The amendment was adopted 68-30. [Houston Chronicle, 10/07/09; Vote 308, 10/06/09] XXXX Opposed Benefits for Domestic Violence Victims. In March 2004, XXXX voted against an amendment that would have expanded the Family and Medical Leave Act to allow victims of domestic violence and sexual assault to take leave from work for up to 30 days. It would also allow victims of domestic violence, stalking or sexual assault to receive unemployment insurance if they lose their job as a result. [Vote 62, 3/25/04] XXXX Voted for $100 Million Grant Program for Domestic Violence. In 2004, XXXX voted to end the filibuster on a bill that included an amendment to create a $100 million grant program to help states combat domestic violence. [Vote 65, 4/1/04] XXXX Supported Bill to Combat Human Trafficking and Violence Against Women. In October 2000, XXXX voted for a bill that would that would combat human trafficking, including those forced into sexual slavery, and establish a new visa for aliens who are victims of human trafficking. It also would authorize approximately $3 56

billion in fiscal years 2001-2005 for programs to combat violence against women. State attorneys would be granted general authority to bring civil action in federal courts to enforce state laws that outlaw the direct sale of alcohol over the Internet. It would require states releasing violent sexual offenders who commit similar crimes in another state to reimburse the second state for costs related to the incarceration, prosecution and apprehension of the criminal. Terrorism victims would be allowed to recover judgments against countries listed by the State Department as terrorism sponsors. [Vote 269, 10/11/00] XXXX Voted Against Grants for Children Subjected to Domestic Violence. In 1999, XXXX voted to kill the Wellstone amendment to S.254, which was an amendment to authorize grants to aide children who have witnessed domestic violence, and to train adults on how to work with them. [Vote 125, 5/18/99] HATE CRIMES XXXX Opposed Expanding Hate Crimes Definition. In 2004, XXXX voted against classifying crimes motivated by the victim’s gender, sexual orientation or disability as hate crimes. The NAACP supported expanding the definition of hate crimes. [Vote 114, 6/15/04; NAACP Legislative Report Card, 2003-04] XXXX Opposed Expanding Federal Jurisdiction for Hate Crimes. On June 11, 2002, XXXX voted against cloture on S.625, which was a bill to expand the definition of hate crimes to include acts committed because of the victim’s sex, sexual orientation or disability, and to allow the Federal Government to help states prosecute hate crimes even if no federally protected activity was involved. There was no floor vote on S 625 because this cloture vote failed, so the vote against cloture was the equivalent of a vote against passage of the bill. [S 625, Vote 147, 6/11/02] INTERNATIONAL CRIMES XXXX Voted To Prohibit U.S. Cooperation With The International War Crimes Tribunal. In 2002, XXXX voted to prohibit U.S. cooperation with the international war crimes tribunal. The tribunal was scheduled to start operations on July 1, 2002 and was opposed by Bush. The administration and many lawmakers feared that the tribunal would put U.S. troops at risk of politically motivated prosecutions. XXXX voted for an amendment that would protect American service members from prosecution by the International Criminal Court by adding the American Service Members' Protection Act of 2002. The vote was on a Warner modified amendment to the Emergency Supplemental Appropriations Bill for fiscal year 2002. [HR 4775, Vote 140, 6/6/02; Associated Press, 6/7/02; Congressional Quarterly Weekly, 6/7/02] XXXX Voted Against Allowing The U.S. To Temporarily Assist The International Criminal Court. In 2002, XXXX voted against allowing the U.S. to assist the International Criminal Court through Sept. 30, 2002, in cases involving Saddam Hussein, Slobodan Milosevic, Osama bin Laden, Islamic Jihad, al Qaeda or any nationals accused of genocide, war crimes or crimes against humanity. The motion to table was agreed to, 55-40. [HR 4775, Vote 139, 6/6/02] XXXX Voted Not To Require a Report On The International Criminal Court. In 2001, XXXX voted against an amendment that would require the President to report to Congress on any additional legislative actions necessary to advance and protect United States interests as they relate to the establishment of the International Criminal Court (ICC) or the prosecution of crimes against humanity. The amendment was rejected, 48-51. [HR 3338, Vote 358, 12/7/01] XXXX Voted to Protect Americans From Prosecution By The International Criminal Court. In 2001, XXXX voted for the American Service members' Protection Act of 2001, which would provide protection for American service members and other Americans acting in official capacities from prosecution by the International Criminal Court. The amendment was agreed to, 78-21. [Hr 3338, Vote 359, 12/7/01] 57

EDUCATION HIGHLIGHTS  THE XXXX RECORD EDUCATION FUNDING XXXX Voted Against Hundreds Of Millions In Funding For Education Funding. In March 2013, XXXX voted against Harkin, D-Iowa, amendment no. 53 to the Mikulski, D-Md., substitute amendment no. 26. The Harkin amendment would add $107 million for Title I funding, for school districts with a large percentage of low-income students and $14 million for TRIO, a program that helps students from disadvantaged communities get into college. It would add $125 million for the Individuals with Disabilities Education Act and $107 million for child care programs. It would increase funding for the National Institutes of Health by $211 million and provide a $29 million increase for the Ryan White AIDS Drug Assistance Program. The amendment would be offset by a 0.127 percent cut to certain programs. The amendment was rejected by a vote of 54-45 (D 52-0; R 0-45; I 2-0). [Vote 36, 3/14/13] XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States That Was Paid For By Closing Foreign Tax Loopholes. In August 2010, XXXX voted against a Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. The cost of the programs would be offset by changing foreign tax provisions, ending increased food stamp benefits beginning in April 2014 and rescinding previously enacted spending. [Vote 228, 8/5/10]  XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States. In August 2010, XXXX voted against a Murray, D-Wash., motion to waive the Budget Act and budget resolutions with respect to the Gregg, R-N.H., point of order against the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 225, 8/4/10]  XXXX Voted Against $26.1 Billion In Medicaid and Education Funding For States. In August 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 224, 8/4/10] XXXX Cast Deciding Vote Against Amendment to Increase Education Funding by $6.3 Billion. In March 2006, XXXX voted against an amendment that would have increased education funding by $6.3 billion over the amount requested by George Bush. The amendment failed in the Senate 50-50. [Vote 39, 3/14/06] XXXX Voted For $7 Billion for Health Care & Education Programs. In March 2006, XXXX voted for an amendment to increase FY2007 education and health care funding by $7.1 billion. The amendment was proposed in order to restore many of Bush’s budget cuts to health care, education and job training programs. [Vote 58, 3/16/06] XXXX Voted Against $5 Billion Increase in NCLB Funding. In October 2005, XXXX voted against an amendment that would have increased NCLB Title I funding by $5 billion during fiscal year 2006. The underlying bill appropriated $12.8 billion for Title I in 2006, about $10 billion less than Congress authorized. [Vote 269, 10/26/05; Aberdeen American News, 10/30/05] 58

XXXX Voted Against $500 Million for Education Funding. In March 2005, XXXX voted against an amendment that increased fiscal year 2006 funding for the National Institutes of Health by $1.5 billion and education funding by $500 million. The increase was to be offset by a $2 billion cut in the Allowances account. Critics of the bill argued that the bill increased discretionary spending by $2 billion and that government could not afford to increase discretionary spending by $2 billion given the large federal deficit. [Vote 56, 3/16/05] XXXX Did Not Vote On A $4.75 Billion Education Funding Hike. In March 2005, XXXX did not vote on an amendment that would have restored fiscal year 2006 education funding to its fiscal 2005 levels, a $4.75 billion increase. The amendment XXXX did not vote on would have restored funding for 48 education programs slated for elimination by President Bush, including Career and Technical Education, Safe and Drug-Free Schools, education technology state grants, and the TRIO and GEAR-UP programs. In addition the bill would have reduced the federal debt by $4.75 billion and would have been offset by a $9.5 billion reduction in tax cuts. [Vote 45, 3/14/05; Sacramento Bee, 3/15/05; NEA Congressional Report Card] XXXX Opposed $8.6 Billion in Education Funding Increases To Fully Fund NCLB. In 2004, XXXX voted against a proposal that would have created a reserve fund to allow for an increase of up to $8.6 billion in education programs. It also increased the amount dedicated for deficit reduction by $8.6 billion. The spending would have been offset by revenue increases. [Vote 35, 3/10/04] XXXX Voted Against Across-the-Board Education Cut. On September 10, 2003, XXXX voted against an amendment that would have increased after-school funding by $100 million, offset with an across the board cut. The vote was on the Ensign amendment, which would provide an additional $100 million for after school programs under the 21st Century Learning Center Program, but only through a $100 million CUT in other education programs. McConnell was one of only seven Senators to support the Ensign amendment. [Vote 344, 9/10/03] XXXX Voted To Implement NCLB Without Full Title I Funding. On September 10, 2003, XXXX voted against an amendment that would have prohibited the implementation of the “NCLB Act” if the amount appropriated for Title I in the underlying Labor-HHS-Education Appropriations bill was less than $18.5 billion— the amount authorized by the NCLB Act. The amendment was rejected 28-67. [Vote 342, 9/10/03] XXXX Opposed $6.2 Billion for Title I Programs to Fully Fund NCLB. In September 2003, XXXX voted against an amendment that would have provided an additional $6.2 billion for Title I programs. The substitute amendment would have provided the funding as part of a $472.2 billion package in fiscal 2004 for the departments of Labor, Health and Human Services and Education and related agencies. [Vote 330, 9/9/03] XXXX Voted For $20 Billion In Aid to States, Half for Education or Job Training. In 2003, XXXX voted for an amendment that would authorize $10 billion a year for two years for states and localities, including $5 billion a year for grants for education or job training, health care or other social services, transportation or infrastructure, and law enforcement or public safety. The remaining $5 billion per year would be for a temporary increase in federal Medicaid assistance to states. [S 1054, Vote 157, 5/15/03; Congressional Record, 5/15/03] XXXX Voted Against Rolling Back Bush Tax Cuts by $18 Billion To Increase Education Funding. In 2003, XXXX voted against an amendment sponsored by Sen. Patty Murray that would have reduced President Bush’s tax cut by $18 billion and split the funding evenly between education and deficit reduction. The amendment would have fully funded the NCLB Act and reduced tax cuts for the wealthiest taxpayers. [Vote 60, 3/19/03; AP, 3/19/03] XXXX Voted Against $6 Billion in Education Funding to Fully Fund NCLB. XXXX voted against an amendment to the Fiscal Year 2003 Omnibus Appropriations Bill that would have provided $6 billion to help fully fund NCLB. [Vote 5, 1/16/03]  XXXX Voted For The Conference Report On Fiscal 2003 Appropriations that Included a $3.2 Billion Increase for Education. In February 2003, XXXX voted to adopt the conference report on the joint resolution that provided $397.4 billion in fiscal 2003 spending for all Cabinet departments and government 59

agencies covered in 11 unfinished spending bills. The agreement provided a 0.65 percent across-the-board cut to many programs to offset additional increased funding primarily for education. [Vote 34, 2/13/03] NO CHILD LEFT BEHIND XXXX Voted For The Conference Report On The “No Child Left Behind Act Of 2001.” In 2001, XXXX voted for the conference report to accompany the No Child Left Behind Act of 2001 (H.R. 1). The conference report would reauthorize Elementary and Secondary Education Act (ESEA) programs and other Federal elementary and secondary education programs through fiscal year (FY) 2007. It would impose new State testing requirements to hold schools accountable, while allowing local educational agencies (LEAs) and States to consolidate Federal funding for certain education programs. The bill would also provide increased opportunities for parents to choose which public schools their children will attend (public school choice). The conference report was agreed to, 87-10. [HR 1, Vote 371, 12/18/01] XXXX Voted Against Funding for Low Income Children and Education. In November 2001, XXXX voted against an amendment that would transfer $1 billion of the Title I increase into the Target Assistance Grant Fund, which benefits low-income children. It also would allocate $650 million for education finance incentive grants. [HR 3061, Vote 317, 11/1/01] XXXX Voted For Final Passage Of A Bill To Reauthorize Elementary And Secondary Education Act Programs. In 2001, XXXX voted for final passage, as amended, of the Better Education for Students and Teachers Act of 2001 (S. 1). The bill reauthorized Elementary and Secondary Education Act (ESEA) programs and other Federal elementary and secondary education programs. Highlights included: new State testing requirements that would be used to hold schools accountable for improving the academic performance of students; a pilot program that would allow the consolidation of many Federal programs in return for States and school districts achieving even more rapid progress than required under the testing standards; and enactment of a new grant program to improve teacher quality. The bill passed, 91-8. [HR 1 S 1, Vote 192, 6/14/01] XXXX Voted Against Calling for Double the Federal Funding For Education. In 2001, XXXX voted against an amendment to the Better Education for Students and Teachers Act of 2001 that would express the sense of the Senate that Congress should appropriate all funds authorized for elementary and secondary education in fiscal year 2002 (more than twice as much is authorized than was provided in FY2001). The amendment was rejected, 49-50. [S 1, Vote 186, 6/13/01] XXXX Voted for Vague Call for Education Funding “To The Maximum Extent Possible.” In 2002, XXXX voted for an amendment to the Better Education for Students and Teachers Act of 2001 that would express the sense of the Senate that the Appropriations Committee would fund the authorizations in this bill to the maximum extent possible. Democratic senators expressed concern that education would receive no new funding or little new funding under the vague terms of the amendment. The amendment was rejected, 49-50. [S 1, Vote 185, 6/13/01; Congressional Record, p. S6188, 6/13/01] XXXX Voted Not To Require Comparable Services In Title I Schools. In 2001, XXXX voted against providing that each State would be required to ensure that each school that received title I funds provided services that were "at least comparable" to services in schools that did not receive title I funding. The amendment was rejected, 42- 58. [S 1, Vote 180, 6/12/01] XXXX Voted Against Additional Title I Funding For Schools Where Economic Conditions Have Improved. In 2001, McConnell voted against an amendment to increase Title I education aid originally intended for schools in low-income areas. The amendment does not tamper with current Title I allocations, meaning no school would get any less than it does now. However, future increases in Title I money would be distributed according to the formula for poverty-impacted schools. The vote was on an amendment to the Better Education for Students and Teachers Act of 2001. [S. Amdt. 475, Vote 178, 6/11/01; Congressional Quarterly Daily Monitor, 6/11/01] 60

XXXX Voted to Call For 95% Of Federal Education Funds To Be Spent In The Classroom. In 2001, XXXX voted to express the sense of the Senate that 95 percent of Federal elementary and secondary education funds should be spent in the classroom. The amendment was agreed to, 96-1. [S 1, Vote 175, 6/7/01] XXXX Favored Tax Cuts for the Wealthy Over Increased Funding for Health Care, Education. In 2001, XXXX voted against a $900 million tax cut that would have provided $300 tax rebates to single filers and $600 rebates to couples, created a new ten percent tax bracket, reduced the marriage penalty, increased the per child tax credit to $1,000, increased the estate tax exemption, provided a $5,000 college tuition deduction for low- and middle-income taxpayers, increased limits on IRA contributions, permanently couples, created a new ten percent tax bracket, reduced the marriage penalty, increased the per child tax credit to $1,000, increased the estate tax exemption, provided a $5,000 college tuition deduction for low- and middle-income taxpayers, increased limits on IRA contributions, permanently expanded the R&D tax credit, eliminated the alternative minimum tax for those with incomes up to $80,000, and accelerated the phase-in of the 100 percent tax deduction for health insurance premiums paid by self employed individuals, among other minor provisions. [HR 1836, Vote 144, 5/22/01] XXXX Voted Not To Reduce Tax Cuts in Order to Increase Education Spending By $150 Billion. In 2001, XXXX voted against an amendment to the Tax Relief Act of 2001 that would strike all after the first word of the bill and would substitute alternative provisions that its sponsor stated would lower the total amount of tax relief to $1.2 trillion and would increase spending on Federal education programs by $150 billion. The motion to waive was rejected, 43-55. [HR 1836, Vote 143, 5/22/01] XXXX Voted Against Making Tax Cuts Contingent On Education Funding. XXXX voted against an amendment to the Tax Relief Act of 2001 that would prohibit any tax rate of less than 39.6 percent for the top tax bracket in any year in which the maximum amount authorized was not appropriated for the following education programs and purposes: the Individuals with Disabilities Education Act (IDEA); Title I aid for schools to teach economically disadvantaged students; the Teacher Quality Act; bilingual education; and after-school programs. The motion was rejected, 48-51. [HR 1836, Vote 130, 5/21/01] XXXX Voted Against $120 Billion in Education Funding. XXXX, on May 21, 2001, voted against a motion to recommit H.R.1836 to the Senate Finance Committee with instructions to strike the tax rate reductions in the bill and establish a reserve account to provide for $120 billion for federal education programs. [HR 1836, Vote 121, 5/21/01] XXXX Voted to Bar Education Funding Increases For Failing States. In 2001, XXXX voted to provide that if a State's students failed to improve their academic performance in a year, then that State would not be given increased funding under this Act the next year; a State that failed to make progress could receive the same amount of funding, after adjusting for inflation. The amendment was rejected, 27-73. [S 1, Vote 93, 5/8/01] XXXX Supported Increasing Title I Funding. In 2001, XXXX voted for an amendment to the Better Education for Students and Teachers Act of 2001 (S. 1), which would strike the section that will authorize $15 billion in FY 2002 and such sums as may be necessary for the next 6 years for education for the disadvantaged (Title I, Part A of the ESEA), and would instead provide for substantial yearly increases in Title I, Part A funding. [S 1, Vote 91, 5/3/01] XXXX Voted Against $250 Billion in Education Funding. On a vote of 53-47, the Senate passed an amendment to the 2002 budget resolution, that provides the blueprint for congressional spending and priorities, that allocated more funding for education and debt reduction by reducing the resolution’s tax cut. The amendment XXXX opposed reduced the amount of the tax cut by $448 billion to provide $250 billion for education and $224 billion to reduce the federal debt. [H Con Res 83, Vote 69, 4/4/01] XXXX Voted To Kill An Amendment To Divert Defense Spending To Education. In 2000, XXXX voted against an amendment that would reduce the procurement title (title III) of the Department of Defense (DoD) Appropriations Bill by $1 billion and would appropriate an additional $922 million for Title I of the Elementary 61

and Secondary Education Act, which targets disadvantaged students. The motion to table was agreed to, 83-15. [Vote 126, 6/13/00] XXXX Voted Against Authorizing New Funding For Education. In 2000, XXXX voted against an amendment that would strike the reforms to reduce Federal mandates in return for improved academic performance. It would authorize funding for new specific purposes, including hiring teachers, to build and repair schools, and to run afterschool programs. The amendment was rejected, 45-54. [Vote 90, 5/3/00] XXXX Opposed Creating An Education Reserve Fund. In 2000, XXXX opposed an amendment that would create an Elementary and Secondary Education Act (ESEA) reserve fund which would permit an increase in total Federal spending of up to $15 billion over 5 years for any new Federal legislation that permitted ESEA spending that increased accountability and targeted the most impoverished areas and schools most likely to be in distress. Without the creation of a reserve fund, such proposed new spending would be subject to a point of order that would require a three-fifths majority (60) vote to waive. The motion was rejected, 46-54. [Vote 67, 4/7/00] XXXX Voted Against Diverting Tax Cuts To Education Spending. In 2000, XXXX voted for an amendment that would deny $28.133 billion of the $150 billion in tax cuts in the underlying resolution. Instead, it would propose spending it on the Education, Training, Employment, and Social Services budget function, with the stated hope that it would be spent on a variety of Democrat proposals to increase Federal involvement in education. Additionally, the amendment would spend another $6.5 billion of the on-budget surplus that is intended for debt reduction on that budget function. [Vote 54, 4/5/00] XXXX Voted Against a Senate Resolution Seeking Increased Spending for Various Education Programs. In 1999, XXXX voted against a Senate Resolution expressing the sense of the Senate in favor of increasing Federal spending on various Federal education programs and proposals, including for hiring more teachers, to triple funding for after-school programs, and to modernize schools. [Vote 294, 9/27/99] XXXX Voted Against Using Tax Cuts for Wealthy to Increase Education Funding. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Bingaman amendment to S.1429, which was an amendment to express the sense of the Senate that $132 billion should be shifted from tax cuts for upper-income taxpayers to public education programs. [Vote 232, 7/30/99] XXXX Voted to Allow State and Local Governments to Be Flexible With Education Funding. In 1999, XXXX was one of 98 senators to vote for H.R.800, which was a bill to expand from 12 to 50 the number of states eligible for greater latitude in spending federal school aid. The measure would allow a participating state to waive certain federal rules normally required to use federal education funds as long as the state meets certain accountability standards. The bill passed 98-1. [Vote 48, 3/11/99] XXXX Cast Crucial Vote; to Convert Federal Funding of Education Initiatives Into a Block Grant Program. In 1998, XXXX cast a crucial vote for an amendment that allows States to decide within one year how it would like to receive its future federal education funding: administered as it is currently, sent directly to the states or sent directly to the local school districts. States would decide if they wanted to block grant many Federal K-12 education programs, providing approximately $10 billion to State or local educational agencies; allows governors and State legislatures to distribute funds to: local school districts, State's education authority, or State's current educational system; establishes Title I, bilingual education, and General Education block grant programs; requires State legislatures to select funding option within one year of enactment, or Education Secretary will allocate funds through local block grant option. [Vote 91, 4/22/98] XXXX Voted Against Increased Education Funding. In 1998, XXXX voted to kill an amendment that recommends $5.9 billion over four years for increased education spending. [Vote 81, 4/2/98] XXXX Voted Against Providing Education Funding for Innovative Education Reform Efforts. In 1998, XXXX voted to kill an amendment to recommend increasing spending on education programs by $1.5 billion over five years, financed by across-the-board cuts in non-defense discretionary spending. [Vote 78, 4/2/98] 62

RURAL EDUCATION XXXX Supported $132 Million in Rural Education Grants. In September 2003, XXXX voted for an amendment would have provided $132 million for rural education grants. The substitute amendment would have provided an additional $137.6 billion in discretionary spending in fiscal 2004 for the Labor, Health and Human Services and Education departments and related agencies. [Vote 326, 9/4/03] VOUCHERS AND PRIVATE SCHOOLS XXXX Voted To Allow Title I Education Funding To Be Used At Private Schools. In March 2013, XXXX voted in favor of Alexander, R-Tenn., amendment no. 515 that would create a deficit-neutral reserve fund to allow for legislation related to redirecting Title I education funds for children of low-income families to any school the child attends. The amendment was rejected by a vote of 39-60 (D 0-52; R 39-6; I 0-2). [Vote 63, 3/22/13] XXXX Voted Against Killing Funding for the D.C. Voucher Program. In March 2009, XXXX voted for an amendment to the FY 2009 omnibus spending bill from John Ensign of Nevada to strike the provision that would end funding after the 2009-10 school year for the District voucher program, unless the program was reauthorized by Congress and approved by the District government, which failed 39-58. [CQ Today, 3/10/09; Vote 94, 3/10/09] XXXX Voted to Create First Federally-Backed Voucher Program. In 2003, XXXX voted for the FY04 Omnibus Appropriations bill, which created the first federally funded school voucher program in Washington D.C. schools. [Vote 3, 1/22/04] XXXX Supported Spending Federal Money on Private Schools. In 2001, XXXX voted against making it illegal for parents to spend any of the money they have saved in Education Savings Accounts (ESAs) on tuition or room and board at any private elementary or secondary education school. The vote was on an amendment to the Tax Relief Act of 2001. [HR 1836, Vote 136, 5/22/01] XXXX Voted for School Vouchers to Use Federal Money for Private Schools. On a vote of 41-58, the Senate rejected Bush’s voucher proposal to establish 10 pilot programs to test the idea of vouchers. The Bush plan, which has been tested and failed before, would allow parents of kids who attend under performing public schools to use federal money to pay for private school tuition. [S 1, Vote 179, 6/11/01,; NEA, School Vouchers: The Emerging Track Record”; LA Times, 6/13/01] XXXX Voted for School Vouchers. In 1998, XXXX voted for the Coverdell amendment to S.1415, which was an amendment to authorize $16 billion over five years from the bill’s tobacco revenues for drug prevention efforts, increase funding for the border patrol, increase funding for anti-drug trafficking efforts by the FBI and the Drug Enforcement Administration, allow federal funds to be spent on school vouchers for public school children who have been victims of violent crimes on school property, ban federal funding for needle-exchange programs, and encourage states to establish voluntary drug testing programs for all first-time individuals seeking a driver’s license. [Vote 151, 6/9/98] XXXX Voted for Private Vouchers. In 1998, XXXX voted for passage of a bill to expand tax-free educational savings accounts for public and private education, increasing the maximum annual contribution to these accounts that in part subsidize private education with public dollars. [Vote 102, 4/23/98] XXXX Supported a Measure Creating School Vouchers for Low-Income D.C. Students. In 1997, XXXX voted to cloture debate on an amendment to the District of Columbia FY ‘98 Appropriations by Sens. Coats and Lieberman that would have authorized and funded a new program to provide school vouchers for children in the District of Columbia public schools whose family incomes were at or below 185 percent of the poverty level. Those scholarships could be used to pay to attend public or private schools in the District or in adjacent counties in Maryland and Virginia. [Vote 260, 9/30/97] 63

XXXX Voted for Private Vouchers. In 1997, XXXX voted for an amendment to create taxpayer-subsidized accounts to fund private school tuition. The amendment enabled “tax-free expenditures from an education individual retirement account for elementary and secondary school expenses and to adjust the modifications to the minimum tax.” [Vote 150, 6/27/97] XXXX Cast Crucial Vote for School Voucher Program Instead of Child Nutrition Programs. In 1997 XXXX cast a crucial vote for a school voucher program instead of child nutrition programs and new school construction. [Vote 89, 5/23/97] XXXX Voted For a 110% Tax Deduction for Contributions to Certain Charitable Organizations, Thus Giving a Tax Deduction Higher than Donation. In 1998, XXXX voted for an amendment that provides 110 percent deduction for cash contributions to elementary or secondary educational organizations who use contributions to provide scholarships to needy children attending grades K-12 whose family income does not exceed 185 percent of poverty level. [Vote 95, 4/23/98] EDUCATION SAVINGS ACCOUNTS XXXX Voted to Allow Education Savings Accounts For Primary, Secondary Schools, Against Increasing Maximum Contributions To Accounts. In 2000, XXXX voted against allowing education savings accounts (ESAs) to be expanded beyond college for use for primary and secondary education. The bill also increased the maximum annual amount of contributions to such accounts from $500 to $2,000. The vote was on the Affordable Education Act of 1999. [Vote 33, 3/2/00] XXXX Voted to Expand Education Savings Accounts. In 2000, XXXX voted to make Education Savings Account, set to expire in 2004, permanent. The proposal also eliminated an estimated $5.5 billion worth of revenue- raising provisions that had been designed to help cover the ten-year cost of the measure, instead funding it out of the federal budget surplus. The amendment also made employer-provided educational assistance for undergraduate education permanently tax-exempt and extended the provision to graduate studies. [Vote 24, 3/2/00] XXXX Voted Against $5.5 Billion In Tax-Increase Offsets For New Education Savings Accounts Tax Breaks. In 2000, XXXX voted against $5.5 billion in tax-increase offsets to pay for new tax breaks for education savings accounts. The vote was on the Graham amendment to the Roth amendment to the Affordable Education Act of 1999. [Vote 23, 3/2/00] XXXX Voted to Make IRA’s Available for Public and Private Education. In 1998, XXXX voted to kill an amendment that strikes provision that makes IRA accounts available for public and private elementary and secondary education; and maintains increased contribution of $2,000 for higher education. [Vote 87, 4/21/98] XXXX Voted to Create Tax-Preferred Savings Accounts for Elementary Education Expenses, Including Private School Tuition. In 1998, XXXX voted to limiting debate on the bill to allow parents, relatives or outside corporations to contribute up to a combined total of $2,000 a year of after-tax funds in tax-free savings accounts designated for educational expenses. [Vote 46, 3/26/98] XXXX Voted to Create Tax-Preferred Savings Accounts for Elementary Education Expenses, Including Private School Tuition. In 1998, XXXX voted to limit debate on the bill to allow parents, relatives or outside corporations to contribute up to a combined total of $2,000 a year of after-tax funds in tax-free savings accounts designated for educational expenses. [Vote 38, 3/19/98] XXXX Voted to Create Tax-Preferred Savings Accounts for Elementary Education Expenses, Including Private School Tuition. In 1998, XXXX voted to invoke cloture on the motion to proceed to the bill to allow parents, relatives or outside corporations to contribute up to a combined total of $2,000 a year of after-tax funds in tax-free savings accounts designated for educational expenses. [Vote 34, 3/17/98] 64

XXXX Voted to Allow Parents to Invest $2,500 for Tax-Free Savings Accounts for Education. In 1997, XXXX voted to allow parents to invest up to $2,500 annually in a tax-free savings accounts designated for educated-related expenses. [Vote 288, 10/31/97] XXXX Voted to Expand Education Savings Account, Which Would Allow States to Use Some of Their Federal Education Funds. In 1998, XXXX voted for an amendment that would restore the bill's savings account expansion and allow states to use some of their federal education funds to provide awards to public high schools based on the schools' performance on statewide tests composed entirely by the state. [Vote 96, 4/23/98] HEAD START, AFTER SCHOOL & SUMMER PROGRAMS XXXX Voted for Republican Continuing Resolution That Cut Head Start. In March 2011, XXXX voted for the Republican Continuing Resolution. [HR 1, Vote 36, 3/09/11]  Bill Made Deep Cuts To the Head Start Program. “200,000 children's futures hang in the balance as the largest budget cuts in Head Start's history are being debated by members of Congress. Head Start is a program for low-income families who are trying to prepare their child for the challenges of the educational system.” [WTOV, 2/23/11] XXXX Voted Against $51.9 Million for After-School Programs. In October 2005, XXXX voted against an amendment that would have provided an additional $51.9 million for after-school programs under the 21st Century Community Learning Centers program in fiscal year 2006. [Vote 279, 10/27/05] XXXX Voted Against Additional $153 Million for Head Start. In October 2005, XXXX voted against an amendment what would have increased Head Start funding by $153 million in fiscal year 2006. [Vote 272, 10/26/05] XXXX Voted Against $1 Billion in Increased Funding for Community Learning Centers. In 2004, XXXX voted against a proposal to that would have created a reserve fund to allow for an increase in the 21st Century Community Learning Centers Program by $1 billion and lowered the national debt by eliminating tax loopholes. [Vote 53, 3/11/04] XXXX Opposed $250 Million to Fund After-School Programs. XXXX, on September 10, 2003, voted against an amendment that would have increased funding for after-school programs under the 21st Century Learning Center by $250 million. [Vote 340, 9/10/03] XXXX Cast the Deciding Vote Against a $350 Million Increase for Head Start Programs. In September 2003, XXXX voted against an amendment that would have increased funding to Head Start programs by $350 million. The substitute amendment provided $472.2 billion in fiscal 2004 for the departments of Labor, Health and Human Services and Education and related agencies. The motion to wave budget rules and allow consideration of the amendment failed 47-47. [Vote 333, 9/9/03] XXXX Voted Against Increasing After-School And Vocational Programs By $24 Billion Over 10 Years. On March 25, 2003, XXXX voted against an amendment that would have increased spending on after-school and vocational programs in the FY 2004 budget resolution by $2.2 billion in fiscal 2004 and by $24 billion over 10 years. The vote was on the Harkin, amendment, which would have offset the new spending by reducing Bush tax- cuts. [Vote 99, 3/25/03] XXXX Voted Against Increasing Spending On Head Start By $24 Billion And After-School Programs By $18 Billion. On March 25, 2003, XXXX voted against an amendment that would have increased spending on Head Start programs by $24 billion and increase spending on after-school programs by $18 billion, both over 10 years. The increases would be offset by a reduction in tax cuts. [Vote 86, 3/25/03] 65

XXXX Opposed $150 Million for Summer School Programs. XXXX, on June 5, 2002, voted against the Kennedy amendment to H.R.4775, which was an amendment to provide $150 million in emergency appropriations in Fiscal Year 2002 for summer school programs. [HR 4775, Vote 132, 6/5/02] XXXX Picked Tax Cuts for the Wealthy Instead of Head Start for Education. On a vote of 45-54, XXXX helped kill an amendment to delay tax cuts for the wealthy until all eligible children have access to Head Start education programs. Under the Bush budget plan, fifty-percent of the eligible children would not be able to participate in Head Start. Since 1965, Head Start has helped over 18 million low-income preschool children and their families. [HR 1836, Vote 154, 5/22/01; The Boston Globe, 5/22/01; National Head Start Association] XXXX Voted For Student Loan Forgiveness For 5-Year Commitment to Teach Head Start. In 2001, XXXX voted to give college graduates who make 5-year commitments to teaching in qualified Head Start programs up to $5,000 in loan forgiveness on their Federal Stafford student loans. The vote was to amend the Higher Education Act on an amendment to the Better Education for Students and Teachers Act of 2001. [S 1, Vote 111, 5/17/01] XXXX Voted Against Funding for After-School Programs. In 2001, XXXX voted against an amendment to provide $1.5 billion in fiscal 2002 for after-school programs and $19.5 billion over the next six years. [S 1, Vote 105, 5/16/01] XXXX Voted Against $400 Million Increase for 21st Century Community Learning Centers. In June 2000, XXXX voted against an amendment that that would provide an increase from $600 million to $1 billion for 21st Century Community Learning Centers. The bill failed 48-51. [Vote 154, 6/28/00] XXXX Voted For $200 Million to Supporting Funds for After School Programs and Reducing Class Size. In 1999, XXXX voted for to kill an amendment: Increases funding for 21st Century Community Learning Centers program from $400 million to $600 million (level requested by President). [Vote 299, 9/30/99] XXXX Voted Against Funding for After School Programs. In 1999, XXXX voted to kill the Boxer amendment to S.254, which was an amendment to authorize $600 million per year for Fiscal Year 2000 through Fiscal Year 2004 for state grants for after-school programs. [Vote 132, 5/19/99] XXXX Voted Against $600 Million for Funding for After-School Programs. In 1999, XXXX voted for the motion to table an amendment to the Senate Health, Education, Labor and Pensions Committee. The amendment would authorize $600 million per year for five years for after-school programs. [Vote 44, 3/11/99] XXXX Voted Against $150 Million in Funding for a Dropout Prevention Program Aimed at Keeping Kids in Schools. In 1999, XXXX voted to kill an amendment to the Senate Health, Education, Labor and Pensions Committee substitute amendment. The Bingaman amendment would authorize $150 million to establish a school drop-out prevention program. [Vote 43, 3/11/99] XXXX Cast Crucial Vote Against Creating 21st Century Community Learning Center Initiative. In 1998, XXXX cast a crucial vote against creating the 21st Century Community Learning Center initiative, which provides quality after school learning opportunities for children across the country. [Vote 100, 4/23/98] PELL GRANTS & STUDENT LOANS XXXX Voted In Favor Of Student Loan Compromise. In July 2013, XXXX voted in favor of passage of the bill that would set federal student loan interest rates issued after July 1, 2013 to the Treasury Department's 10-year borrowing rate, plus 2.05 percent for subsidized and unsubsidized undergraduate loans, 3.6 percent for graduate loans and 4.6 percent for PLUS loans. The loan rates would be capped at 8.25 percent, 9.5 percent and 10.5 percent, respectively. It would require the Government Accountability Office to submit a report to Congress within four months detailing the federal government's cost of administering the student loan program and recommendations to avoid generating additional revenue from the program. The measure was passed by a vote of 81-18 (D 35-16; R 45- 1; I 1-1). [Vote 185, 7/24/13] 66

 XXXX Voted Against Sunsetting Provisions After Two Years When Rates Are Projected To Rise. In July 2013, XXXX voted against an amendment that would sunset the bill's provisions on July 1, 2015. The substitute amendment would set federal student loan interest rates to the Treasury Department's 10-year borrowing rate, plus 2.05 percent for subsidized and unsubsidized undergraduate loans, 3.6 percent for graduate loans and 4.6 percent for PLUS loans. The loan rates would be capped at 8.25 percent, 9.5 percent and 10.5 percent, respectively. According to Politico, “Sanders want[ed] a vote on his amendment to sunset the bill to sunset after two years when interest rates are projected to rise while Reed wants more stringent caps on loan rates.” The amendment was rejected by a vote of 34-65 (D 33-18, R 0-46, I 1-1). [Vote 184, 7/24/13; Politico, 7/22/13]  XXXX Voted Against Lower Cap For Student Loan Rates For College Students. In July 2013, XXXX voted against an amendment that would lower interest rate caps from 8.25 percent to 6.8 percent for federal undergraduate student loans, from 9.5 percent to 6.8 percent for graduate loans and from 10.5 percent to 7.9 percent for PLUS loans. The cost of the reduced rates would be paid for by a 0.55 percent tax on individuals whose income exceeds $1 million or $500,000 if it is a married individual filing a separate tax return. The substitute would set federal student loan interest rates to the Treasury Department's 10-year borrowing rate, plus 2.05 percent for subsidized and unsubsidized undergraduate loans, 3.6 percent for graduate loans and 4.6 percent for PLUS loans. The amendment was rejected by a vote of 46-53 (D 45-6; R 0-46; I 1-1). [Vote 183, 7/24/13] XXXX Voted Against Extending 3.4 Percent Student Loan Interest Rate For One Year. In July 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would extend a 3.4 percent fixed interest rate on federal subsidized undergraduate student loans for one year. The cost of the extension would be offset by reducing certain tax exemptions on inherited retirement accounts. The motion was rejected by a vote of 51-49 (D 50-2; R 0-46; I 1-1). According to the Christian Science Monitor, the measure “would guarantee students taking out new Stafford loans that they would pay neither more nor less to borrow money than they have in the past year. It is the only plan on the table that will not cost students extra - at least, until the year is up and Congress returns to debating what to do with interest rates. It is also the plan that will most exacerbate the federal deficit. The research arm of banking giant Barclays estimates that federal inaction will lead to the Stafford program costing the government more than $100 billion over the next eight years.” [Vote 171, 7/10/13; Christian Science Monitor, 7/10/13] XXXX Voted Against Ending Filibuster On Plan To Extend Student Loan Interest Rates For Two Years And Keep Them From Doubling By Closing Tax Loopholes Including Those For Oil Companies. In June 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to a bill that would extend the 3.4 percent fixed interest rate on federal subsidized undergraduate student loans for two years. The cost of the extension would be offset by reducing certain tax exemptions on retirement and corporate accounts, and applying an excise tax to oil from tar sands. The motion was rejected by a vote of 51-46 (D 50-1; R 0-44; I 1-1). [Vote 143, 6/6/13]  USA Today Headline: “Senate Defeats Bills To Keep Student Loan Rates Low.” [USAToday, 6/6/13] XXXX Voted In Favor Of Republican Student Loan Plan That Would Result In Higher Rates For Students. In June 2013, XXXX voted in favor of a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to a bill that would tie interest rates for federal undergraduate and graduate student loans to the 10-year Treasury borrowing rate plus 3 percentage points. Savings generated from the proposal would be used for deficit reduction. The motion was rejected by a vote of 40-57 (D 1-50; R 39-5; I 0-2). [Vote 142, 6/6/13] XXXX Voted To Allow Student Loan Rates To Double. In May 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would extend, for one year, a 3.4 interest rate on certain federally-backed student loans. It would be offset by eliminating a tax preference for S corporations, which are companies that pass their income, losses, deductions and credits through to shareholders for federal tax purposes. The motion was rejected by a vote of 52-45. [Vote 89, 5/8/12; New York Times, 5/8/12] 67

 New York Times Headline: “Republicans In Senate Block Bill On Student Loan Rates.” “Senate Republicans on Tuesday blocked consideration of a Democratic bill to prevent the doubling of some student loan interest rates, leaving the legislation in limbo less than two months before rates on subsidized federal loans are set to shoot upward.” [New York Times, 5/8/12]  Again, XXXX Voted To Allow Student Loan Rates To Double. In May 2012, Riverts voted against passage of the bill that would extend, for one year, a 3.4 percent interest rate on certain federally subsidized, undergraduate student loans. It would be offset by eliminating a tax preference for S corporations, which are companies that pass their income, losses, deductions and credits through to shareholders for federal tax purposes. The measure was rejected by a vote of 51-43 (D 49-1; R 0-42; I 2-0). [Vote 113, 5/24/12] XXXX Voted Against Health Care Reconciliation Package Including Federal Student Loan Reform. In March 2010, XXXX voted against passage of the bill that would make changes to the 2010 health care overhaul law, revise student loans programs and include revenue-raising provisions. It would increase federal subsidies to help low- and moderate-income families purchase coverage through new health insurance exchanges established by the overhaul measure, phase out the coverage gap for Medicare prescription drug enrollees and adjust the federal matching funds for Medicaid. It would increase penalties levied on employers that do not offer health benefits and change the formula used to calculate penalties on employers with workers who obtain subsidies to obtain health insurance through the exchanges. It would freeze Medicare Advantage payments in 2011 and then re-formulate payments according to local costs. It also would specify that in all states, the federal government would cover 100 percent of the cost of coverage to newly eligible Medicaid recipients from 2014 to 2016. It would delay for five years, until 2018, the effective date of a tax on high-cost health plans and adjust the dollar amounts used to determine who would be affected by the tax. It would repeal a provision to allow the cellulosic biofuels producer credit to be claimed by producers of certain paper products. It also would make the federal government the sole originator of federal student loans and direct the savings generated to education programs, including Pell grants. It would shift all new federal student lending to the Direct Loan Program beginning July 1, 2010. It would increase the maximum annual Pell Grant scholarship to $5,975 in 2017 and provide $2.6 billion for minority-serving institutions. [Vote 105, 3/25/10] XXXX Voted For Tax Bill That Benefited Wealthy While Raising Taxes for Students. In May 2006, XXXX voted for the final version of the $70 billion tax reconciliation bill that removed a provision that had allowed 3.6 million students and families to deduct $7.1 billion in college tuition costs in 2003. The tuition deduction was included in earlier versions of the bill but was stripped in the final version. Meanwhile, the tax bill XXXX supported would only save middle income Americans $20 each while the top tenth of 1 percent (whose average income is $5.3 million) would save $82,415. [Vote 118, 5/11/06; Senate Finance Committee, 11/7/05; Democratic Policy Committee, 9/26/06 New York Times, 5/5/06]  XXXX Voted Against Extending Expiring Tuition Tax Credit. In November 2005, XXXX voted against a $58 billion tax cut package that would have extended expiring tax cuts, including the college tuition deduction. “For those who say they care about fiscal responsibility, for those who say they are concerned about the explosion of deficits and debt, here is a chance to prove it,” Senator Kent Conrad said of his tax plan. “Here is a chance to vote for this amendment that will extend the tax provisions that are expiring this year for next year’s taxes, and to pay for it by closing abusive tax shelters.” [Vote 330, 11/17/05; Conrad Press Release, 11/17/05] XXXX Was Critical Vote for Largest Student Loan Cuts in History. XXXX voted for the final version of the 2005 budget reconciliation bill, which cut $12.7 million from college loans, the largest cuts to the student loan program in its history. The measure was approved 50-50 with the Vice President voting to break the tie. [Vote 363, 12/21/05; AP, 12/19/05; Washington Post, 12/19/05] XXXX Voted Against Raising Pell Grant Awards. In March 2006, XXXX voted against an amendment that would have increased the FY07 discretionary budget funding by $6.3 billion to $879.3 billion to allow for a 68

restoration of education program cuts, including job and vocational training, and an increase in the maximum Pell Grant award to $4,500. [Vote 39, 3/14/06; National Journal’s CongressDaily, 3/14/06; Snowe Press Release, 3/15/06] XXXX Voted Against Increasing Pell Grant Awards to $4,250. In October 2005, XXXX voted against an amendment that would have increased Pell Grant funding by $836 million in fiscal year 2006, which would have increased the maximum Pell Grant award for the 2006-07 year to $4,250. [Vote 268, 10/25/05] XXXX Voted Against Increasing the Maximum Pell Grant Award to $4,500. In March 2005, XXXX voted against an amendment that increased the discretionary spending limit in the budget by $5.4 billion to $848.8 billion to restore education program cuts and increase the maximum Pell Grant award to $4,500. It would decrease the five-year tax cut reconciliation instruction figure by $5.4 billion. [Vote 68, 3/17/05] XXXX Voted Against Increasing Funding For Perkins Loans $7.5 Billion. In March 2005, XXXX voted against an amendment that would have reinstated two provisions of the tax code and used $7.46 billion to increase funding under the Perkins Vocational and Technical Education Act. The remainder would have been used to reduce the deficit. [Vote 61, 3/17/05] XXXX Opposed $4.9 Billion for Pell Grants. XXXX, on March 11, 2004, voted against the Kennedy amendment to the FY 2005 Budget Resolution, an amendment that would have provided $4.9 billion for deficit reduction and increased funding for Pell Grants by $4.9 billion. The $9.8 billion would have been offset by closing tax loopholes. The $4.9 billion increase in Pell Grants would have been enough to extend Pell Grants to 500,000 new recipients and finance an increase in the maximum Pell Grant so that it keeps pace with the rate of increase in public college tuition. [Vote 51, 3/11/04] XXXX Favored Cutting off Pell Grant Eligibility for Some Lower-Income Students. XXXX, on September 10, 2003, voted against an amendment to prohibit the Education Department from changing the way it determines student aid eligibility for Pell Grants. Democrat Jon Corzine of New Jersey, argued the change the department was ready to implement would have caused 84,000 college students to lose their eligibility for Pell Grants for the 2004- 05 school year. The department’s plan also would have reduced the number of middle-income families eligible for Stafford loans. [Vote 339, 9/10/03; New York Times, 09/12/03] XXXX Opposed $2.2 Billion for Higher Education, Including $1.7 Billion for Pell Grants. XXXX, on September 9, 2003, voted against the Kennedy amendment to H.R.2660, which was an amendment that would have provided an additional $2.2 billion for higher education, including $1.7 billion for Pell Grants, $157 million for federal work study programs, and $115 million for supplemental education opportunity grants. [Vote 331, 9/9/03] XXXX Opposed Fully Funding HOPE Education Tax Credit. McConnell, on May 22, 2001, voted against a motion to recommit H.R.1836 to the Senate Finance Committee with instructions to add an amendment to provide for a fully funded HOPE tax credit beginning in Fiscal Year 2002, and strike the reduction in the 39.6 percent tax bracket rate. [HR 1836, Vote 156, 5/22/01] XXXX Voted Against Reducing Tax Cuts and Increasing HOPE Education Scholarship Credits. In 2001, XXXX voted against gradually reducing the tax relief provided for the top bracket to 36.6 percent instead of to 36 percent, and increasing the size of HOPE higher education scholarship tax credits that could be claimed by including transportation expenses, daycare expenses, computer purchases, textbook purchases, and other expenses in the calculation of the cost of attendance. The amendment was rejected, 43-56. [HR 1836, Vote 155, 5/22/01] XXXX Voted Not To Make Tax Cuts Contingent On Pell Grant Increases. In 2001, XXXX voted against denying tax rate reductions in the 39.6 percent tax bracket in any year in which sufficient funding was not provided to increase the maximum Pell Grant amount to the level required in this amendment; the maximum amount would have to be at least $4,250 in 2002 and by 2010 it would have to be $7,450 (Pell Grants are given to low-income Americans to pay higher education expenses). The motion was rejected, 45-54. [HR 1836, Vote 153, 5/22/01] 69

XXXX Opposed Making Tuition Deductions Permanent. XXXX on May 22, 2001, voted against the Levin amendment to H.R.1836, which was an amendment to speed-up the phase-in of college tuition tax deductions, with the change offset by a reduction in the cut in the top tax bracket. [HR 1836, Vote 152, 5/22/01] XXXX Opposed Reducing Estate Tax Cuts to Increase Student Loan Tax Credits. XXXX, on May 17, 2001, voted against the Schumer amendment to H.R.1836, which was an amendment to increase the higher education tax deduction from $5,000 to $12,000 for single filers with income below $65,000, single heads of households under $90,000, and joint filers with income below $130,000, and to increase the student loan tax credit from $500 to $1,000 for single filers earning up to $35,000, and joint filers earning up to $70,000, with these tax cuts offset by a reduction in the estate tax rate cut in the underlying bill. [HR 1836, Vote 114, 5/17/01] XXXX Voted Against Increasing Spending To Prepare Students For College. In 2000, XXXX voted against an amendment that would increase spending on the Gaining Early Awareness and Readiness For Undergraduate Programs (GEAR UP) program to $325 million (equal to the amount requested; current-year funding is $200 million; this bill will provide $225 million). No offsets would be provided to pay for the extra $100 million in spending. The motion was rejected, 47-52. [Vote 156, 6/28/00] XXXX Voted Against Increasing Pell Grant Award to $3,700. In 2000, XXXX voted against an amendment that increases the amount spent on Pell higher education grants by increasing the maximum Pell grant award to $3,700. The cost of this change would be $1.4 billion per year. The amendment was agreed to, 51-49. [Vote 69, 4/7/00] XXXX Voted Against Increasing Pell Grant Funding With $1.2 Billion In Cuts From ESA Tax Breaks. In 2000, XXXX voted against deny education savings account tax relief and instead increase mandatory spending by $1.2 billion for the Pell Grant Program, in order to increase the maximum annual grant from $3,300 to $3,700. The vote was on waiving the Budget Act for the consideration of the Bingaman amendment to the Affordable Education Act of 1999. [Vote 29, 3/2/00] XXXX Voted Against Reducing Federal Student Loan Fees. In 1998, XXXX voted against the Harkin amendment to S.1882, which was an amendment to reduce the federal student loan origination and insurance fee from four percent of the principal amount of the loan to three percent of the principal amount. The amendment would pay for the reduction by eliminating a subsidy to student loan insurance agencies. Proponents of the amendment argued that these agencies would still be profitable, while opponents said it would drive some of them out of business. [Vote 194, 7/9/98] XXXX Voted Against Revising Laws to Aid Student With Loan Fees. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Kennedy amendment to S.947, which was an amendment to reduce the federal student loan origination and insurance fee from four percent of the principal amount of the loan to two percent of the principal amount. The amendment would pay for the reduction by eliminating a subsidy to student loan insurance agencies. Proponents of the amendment argued that these agencies would still be profitable, while opponents said it would drive some of them out of business. [Vote 126, 6/25/97] VOCATIONAL TRAINING XXXX Cast Deciding Vote Against Increasing Spending On Vocational Education By $3.6 Billion. On March 25, 2003, XXXX voted against an amendment that would have increased spending on vocational education by $326 million in fiscal 2004 and by $3.6 billion over 10 years. XXXX cast the deciding vote on the measure, which was rejected 49-50. [Vote 98, 3/25/03] XXXX Voted Against Increasing After-School And Vocational Programs By $24 Billion Over 10 Years. On March 25, 2003, XXXX voted against increasing spending on after-school and vocational programs in the FY 2004 budget resolution by $2.2 billion in fiscal 2004 and by $24 billion over 10 years. [Vote 99, 3/25/03] 70

XXXX Opposed $801 Million in Funding for the Workforce Investment Act. On September 4, 2003, XXXX voted against an amendment that would have increased funding in the bill for programs under the Workforce Investment Act by $801 million. [Vote 325, 9/4/03] SPECIAL EDUCATION XXXX Voted Against $44.2 Billion for Special Education. In March 2007, XXXX voted against increasing special education funding by $44.2 billion over five years – starting with a $10.3 billion increase in 2008. The funding would have been paid for by eliminating George Bush’s tax cuts for the wealthiest Americans. [Mikulski Release, 3/22/07; Vote 94, 3/22/07] XXXX Voted Against $71.3 Billion for Special Education Funding. In March 2005, XXXX voted against an amendment that would have created a special education reserve fund of $71.3 billion in order to provide 40% of the additional cost of education children with special needs, the amount Congress had promised. It would have been offset by a $73.8 billion cut in the five-year tax cut reconciliation instruction figure. It also would reduce the deficit by $2.5 billion. [Vote 79, 3/17/05; AP, 3/18/05] XXXX Voted Against Increasing Special Ed Funding by $4 Billion. In October 2005, XXXX voted against an amendment to increase special education funding by $4 billion in fiscal year 2006 to a total of nearly $15 billion, which would have brought the federal share of special education costs to local school districts to about 19% of the level mandated by the Individuals with Disabilities Act. [Vote 273, 10/26/05; Aberdeen American News, 10/30/05] XXXX Voted to Reauthorize IDEA. In May 2004, XXXX voted for a bill that would reauthorize the Individuals with Disabilities Education Act (IDEA). It would authorize discretionary spending increases of $2.3 billion per year to provide for full federal funding by 2011 of 40 percent of the average per pupil expenditures for certain programs under IDEA. It would streamline student discipline measures, adding serious bodily injury to the offenses that could give rise to suspension. Parents who dispute a discipline decision would be granted an expedited hearing within 20 days. [HR 1350, Vote 94, 5/13/04]  XXXX Voted To Fully Fund IDEA. In 2004, XXXX voted to increase special education funding by $2 billion annually over six years to fully fund the Federal Government’s share of special education through the Individuals with Disabilities Education Act and make the new spending mandatory. [Vote 93, 5/12/04] XXXX Opposed $11 Billion Hike in Funding for IDEA. In 2003, XXXX voted against the Dayton amendment to H.R.2660, which would have increased funding for special education from $9.9 billion to $20.9 billion, to fully fund the Federal Government’s share of special education. [Vote 324, 9/3/03] XXXX Voted Against Fully Funding IDEA By Reducing Tax Cuts. On March 26, 2003, XXXX voted against fully funding the federal government’s commitment to pay for 40 percent of special education costs. The vote was an amendment to the FY 2004 budget resolution that increased spending in the resolution on provisions of the Individuals with Disabilities Education Act (by $19.8 billion in fiscal 2004 and by $229 billion over 10 years. [Vote 103, 3/26/03] XXXX Voted To Increase Spending On Special Education By Over $3 Billion and Reduce Other Spending. On March 21, 2003, XXXX voted to increase spending on special education, and offset the spending by decreasing other spending. The vote was on the Gregg (R-NH) amendment, which would increase spending on provisions of the Individuals with Disabilities Education Act (IDEA) by $970 million in 2004 and $2.3 billion in 2005. [S Con Res. 23, Vote 71, 3/21/03] XXXX Voted Against Increasing Special Education Funding By $73 Billion and Reduce in Proposed Tax Cuts. On March 21, 2003, XXXX voted against an amendment that increased funding for special education, and offset the new spending by reducing proposed tax cuts. The vote was an amendment to create a reserve fund to provide $73 billion in funding increases for the Individuals with Disabilities Education Act, allowing the program to reach full funding in 10 years. [Vote 70, 3/21/03] 71

XXXX Voted For $4.5 Billion in Education Block Grants for States to Implement IDEA. In 2003, XXXX voted in favor of $4.5 billion in education block grants to states to implement provisions of the Individuals with Disabilities Education Act, the 2001 education overhaul law or higher education programs. The cost of the grants would be offset by across-the-board cuts to all programs funded by the underlying bill. [Vote 4, 1/16/03] XXXX Voted Not To Provide Exceptions to Cap on Lawyers’ Fees for Special Education Lawsuits Brought on Behalf of Poor, Abused or Children of Disabled Veterans. In 2001, XXXX voted against lifting limits on fees that lawyers could charge the District of Columbia Government for legal actions regarding the special education services provided by the District to a minor: if the minor was from a family with an annual income of less than $17,600; if the minor was from a family in which one of the parents was a disabled veteran; or if the minor had been adjudicated as neglected or abused. (The bill, as amended, would cap at $150 per hour the hourly rate that any lawyer may charge the District of Columbia Government for legal actions regarding the special education services provided by the District to a minor, and will set a maximum fee limit of $3,000 for any one such legal action.) The Amendment was agreed to, 73-26. [HR 2944, Vote 330, 11/7/01] XXXX Voted to Cap Lawyers’ Fees For Special Education Lawsuits In D.C. In 2001, XXXX voted to cap at $150 per hour the maximum hourly rate that any lawyer could charge the District of Columbia Government for legal actions taken regarding the special education services provided by the District to a minor (the previous three annual appropriations bills set limits of $125 per hour). Further, the amendment would set a maximum fee of $3,000 for any one such legal action (the current limit is $2,500). The amendment was agreed to, 51-49. [HR 2944, Vote 329, 11/7/01] XXXX Voted For Uniform Discipline Standards. In 2001, XXXX again voted to amend the Individuals with Disabilities Education Act (IDEA) to authorize State and local school districts to establish new, more uniform discipline policies applicable to all children. If a school sought to remove a child who was being served under the IDEA, it would be required to perform a "manifestation determination" within 10 days of the decision to remove in order to establish whether the offensive conduct was related to the child's disability. The motion to reconsider was agreed to, 51-47. [S 1, Vote 190, 6/14/01] XXXX Against Authorizing Local School Districts Establishing Uniform Discipline Policies. In 2001, XXXX voted against amending the Individuals with Disabilities Education Act (IDEA) to authorize State and local school districts to establish new, more uniform discipline policies applicable to all children. The amendment would also permit a school to use Federal IDEA funds, equal to the average per-pupil educational expenditure in the particular State, to provide the parents of a child with disabilities the opportunity to have their child placed in an alternative educational environment that was better suited to meet the child's needs. The amendment was rejected, 50-50. [S 1, Vote 188, 6/14/01] XXXX Voted to Allow Schools to Expel Disabled Students For Bad Behavior. In 2001, XXXX voted to allow schools to expel disabled students for bad behavior. The amendment XXXX voted against would implement a “uniform policies” discipline provision, which would only allow schools to expel disabled students if their bad behavior was not related to their disability. The vote was on an amendment to the Individuals with Disabilities Education Act (IDEA) to the Better Education for Students and Teachers Act of 2001. [S 1, Vote 187, 6/14/01] XXXX Voted Against Increased Funding For Special Education By $212 Billion, Full Federal Funding Within 2 Years. In 2001, XXXX voted against increased funding for special education by $212 billion over 10 years. The vote was to fully fund within 2 years the Federal commitment to share the costs of Individuals with Disabilities Education Act (IDEA) mandated on the states. The IDEA law, passed in 1975, called for Washington to provide 40 percent of funding disabled children’s education, but in 2001, the federal government provided only about 15 percent. The amendment would have funded IDEA at $212 billion over 10 years. [S 1, Vote 110, 5/17/01; Associated Press, 5/17/01; Commercial Appeal, 5/18/01] XXXX Voted Against $70 Billion for Special Education. On a vote of 54-46, the Senate passed an amendment to the 2002 Budget Resolution to shift $70 billion from the tax cut to the Individuals with Disabilities Education Act 72

(IDEA). XXXX voted against an amendment to reduce the resolution’s tax cut by $70 billion to ensure IDEA receives the necessary funding for special education. [H Con Res 83, Vote 82, 4/5/01] XXXX Voted for Special Ed. Funding In The FY 2001 Labor, HHS, And Education Appropriations Bill. In 2000, XXXX voted for the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Bill for fiscal year 2001 (H.R. 4577). The bill included $6.267 billion for Head Start (a $1 billion increase), $642 million will be for the Safe and Drug Free Schools Program, and $7.352 billion for special education (through the Individuals with Disabilities Education Act; an increase of $1.316 billion). The bill passed, 52-43. [Vote 171, 6/30/00] XXXX Opposed Raising Special Education Funding By $8.75 Billion, To Fully Cover Federal Commitment to IDEA. In 2000, XXXX voted against of increasing funding of the Individuals with Disabilities Education Act (IDEA) mandates by $8.75 billion, which would bring federal funding up to approximately 40 percent of the costs of the mandate. The vote was on waiving the Budget Act for the consideration of the Harkin amendment to the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Bill for fiscal year 2001. [Vote 170, 6/30/00] XXXX Cast Crucial Vote for an Amendment to Increase Funding for Students With Disabilities (IDEA). In 2000, XXXX voted for an amendment that would increase the amount appropriated to pay the Federal share of the costs of the Individuals with Disabilities Education Act (IDEA) by another $1.3 billion (the bill will provide a $1.3 billion increase), and would fully pay for that increase by decreasing funding for Title VI innovative education grants by the same amount. The motion to table was agreed to, 51-47. [Vote 159, 6/28/00] XXXX Voted Against Killing An Amendment To Make Funding 40% Of IDEA Mandates Congress’ Top Priority. In 2000, XXXX voted for an amendment that would express the sense of the Senate that Congress' first priority should be to pay 40 percent of the costs of the IDEA mandates (as it originally promised) before it appropriates funds for any new Federal education programs. [Vote 72, 4/7/00] XXXX Voted to Shift Funds For ESA Tax Breaks To IDEA. In 2000, XXXX voted to deny the proposed education savings account tax breaks and would instead increase funding for part B of the Individuals with Disabilities Education Act (IDEA) by $1.2 billion. The motion was rejected, 44-54. [Vote 15, 2/29/00] XXXX Voted Against Reducing Class Size and Increasing Funding for Special Education. In 1999, XXXX voted to kill the Murray amendment to S.280, which was an amendment to authorize $11.4 billion over six years to fund President Clinton’s proposal to hire 100,000 new teachers to reduce class size. [Vote 41, 3/11/99] XXXX Voted Against $762 Million for Special Education Programs. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Dodd amendment to H.R.2646, which was an amendment to remove the bill’s education savings account language and direct that any revenue generated by other provisions of the bill be used to fund special education programs under IDEA. [Vote 98, 4/23/98] SCHOOL CONSTRUCTION XXXX Opposed $1 Billion for School Construction Projects. In 2003, XXXX voted against providing an additional $1 billion for school construction projects through the Fund for the Improvement of Education. [Vote 329, 9/5/03] XXXX Voted To Cut School Construction Funding To Pay Existing Education Commitments. In 2001, XXXX voted for an amendment to the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Bill for fiscal year 2002 that would provide that all of the $925 million that this bill will appropriate for the unauthorized school renovation and repair program, and any unexpended sums from the $1.2 billion that was provided for that unauthorized program last year, would have to be used to meet existing Federal commitments to renovate and repair Indian schools, Department of Defense schools, and Impact Aid 73

schools before any new commitments were entered into to renovate or repair other schools. The motion to table was agreed to, 57-41. [HR 3061, Vote 319, 11/1/01] XXXX Voted to Transfer School Construction Funds to Title I. In 2001, XXXX voted to transfer $925 million in funds for the school construction program to Title I grants for disadvantaged students. Senate Democrats insisted that there were other ways to increase aid for poor schools, without sacrificing school construction funding. Across the country, 59,400 schools, 76% of all schools, were in disrepair and in need of construction funds. [HR 3061, Vote 316, 11/1/01; CQ Weekly, 11/3/01] XXXX Voted Against Federal Aid to Build Small Schools. In 2001, XXXX voted against an amendment offered by Senator Feinstein (D-CA), to allow some federal funds to be used to build new small schools. It would allow the U.S. Department of Education to award grants to reduce the size of schools, in other words, to build small schools. Senator Feinstein offered this amendment because she “believes children learn better and teachers teach better in smaller schools. Many of our schools are just too big… Studies have shown again and again and again that student achievement improves when school and class size are reduced.” The amendment passed on a vote of 52-46. [S 1, Vote 181, 6/12/01; Congressional Record, page S6103, 6/12/01] XXXX Voted Against $1.6 Billion to Renovate and Repair Aging Schools. In 2001, XXXX voted to kill an amendment that would have provided $1.6 billion for the construction and renovation of public elementary and secondary school buildings. The average American school is 42 years old and has an outdated electrical system, roof, or plumbing. Many of these dilapidated schools have urgent needs. The amendment was killed on a party line vote of 49-50. [S 1, Vote 108, 5/16/01; Washington Post, 5/17/01; Houston Chronicle, 5/17/01] XXXX Voted Against Community-Based Technology Centers. In 2001, XXXX voted against an amendment to authorize $100 million over five years to establish 1,000 community based technology centers across the country. The money will help buy computers for children and adults to use in local centers. The amendment allows non- profit organizations such as the Boys and Girls Clubs of America to apply to the Department of Education for grants to start a community tech center. The amendment passed on a close vote of 50-49. [S 1, Vote 96, 5/9/01] XXXX Opposed An Amendment To Divert Tax Cuts To School Construction Spending. In 2000, XXXX voted to kill an amendment that would shift $5.938 billion from tax cuts to the Education, Training, Employment, and Social Services budget function, with the stated hope that it would be spent on school modernization projects. Additionally, the amendment would spend another $787 million of the on-budget surplus that is intended for debt reduction on that budget function. The motion to table was agreed to, 54-45. [Vote 62, 4/6/00] XXXX Opposed Shifting $1.2 Billion To School Construction Funds From Tax Breaks For Education Savings Accounts. In 2000, XXXX voted to move ahead with the proposed education savings account (ESA) tax breaks, rather than create a new federal school construction program. Under the proposed program, $1.2 billion in tax credits would be given to lenders who gave loans to qualifying States and school districts for school construction projects. The vote was on a motion to table the Robb amendment to the Affordable Education Act of 1999. [Vote 17, 3/1/00; Congressional Quarterly Daily Monitor, 3/1/00] XXXX Voted Against $5.7 Billion for Helping State and Local Governments Renovate or Rebuild Crumbling School Buildings. In 1999, XXXX voted to kill the motion to recommit the bill to the Senate Finance Committee with instructions to reduce or defer $5.7 billion in new tax cuts in order to allow for tax incentives for building and renovating schools. [Vote 242, 7/30/99] XXXX Voted against $10 Billion in Tax Credits for School Modernization Bonds. In 1998, XXXX voted to kill an amendment that would have provided $10 billion in tax credits over ten years for bonds to help school districts and local governments renovate or rebuild crumbling school buildings. [Vote 90, 4/21/98] XXXX Voted Against Amendment to Rebuild and Repair 5,000 Public Schools With $22 Billion in Public Bonding Authority. In 1998, XXXX voted against the motion to waive Budget Act to permit consideration of an amendment that assumes President's key initiatives for child care, school class size, medical research, and Medicare 74

and tobacco-related initiatives. The amendment places approximately $15 billion of President's initiatives in reserve pending final action on comprehensive tobacco legislation; provides for school modernization effort that leverages approximately $22 billion in school renovation and construction over ten years; and doubles number of children receiving child care assistance and those in early Head Start, increases existing child care tax credit and places up to 500,000 children in after school learning centers. [Vote 69, 4/2/98] XXXX Voted Against Allowing School Districts and Local Governments to Use School Modernization Bonds. In 1998, XXXX voted to kill the Moseley-Braun amendment to S.Con.Res.86, which was an amendment to express the sense of the Senate that Congress should enact legislation to allow states and school districts to issue $21.8 billion in school modernization bonds, and that the federal government should provide income tax credits to purchasers of the bonds in lieu of interest. [Vote 57, 4/1/98] XXXX Voted Against Rebuilding Crumbling Schools. In 1997, XXXX opposed amendment to institute and expand help for districts and local governments to renovate or rebuild crumbling school buildings. [Vote 79, 5/22/97] CLASS SIZE XXXX Opposed a Class Size Reduction Program. XXXX, on May 15, 2001, voted against the Murray amendment to S.1, which was an amendment to authorize a federal program to assist states and local educational agencies in recruiting, hiring, and training 100,000 teachers in an effort to reduce class sizes, and to authorize $2.4 billion in Fiscal Year 2002 and subsequent necessary sums for the next six fiscal years. [Vote 103, 5/15/01] XXXX Voted Against Requiring That Funds Be Spent On Class-Size Reduction. In 2000, XXXX voted against an amendment that would require $1.4 billion of the $2.7 billion in this bill for Title VI academic achievement grants to be spent on the class- size reduction program; also, it would add, without any offsets, an extra $350 million that would have to be spent on that program. [Vote 148, 6/27/00] XXXX Voted Against Supporting Funds to Reduce Class Size. In 1999, XXXX voted to kill the Boxer amendment to S.1650, which was an amendment to appropriate $200 million for after-school programs. [Vote 299, 9/30/99] XXXX Voted to End Program that Launched Class Size Reduction Initiative. In 1999, XXXX voted to kill the Murray amendment to S.1650, which was an amendment to specify that $1.4 billion of the funds provided in the bill must be used for President Clinton’s initiative to hire 100,000 new teachers to reduce class size. [Vote 298, 9/29/99] XXXX Voted Funding Without Emphasis on Reducing Class Size. In 1999, XXXX voted for the Gorton amendment to S.1650, which was an amendment to provide $1.2 billion for a teacher assistance initiative once the program is authorized. If the initiative is not authorized by July 1, 2000, school districts could use the funds to hire new teachers or for other activities to improve students’ academic achievement. [Vote 297, 9/29/99] XXXX Voted Against Addition Funding to Reduce Class Size. In 1999, XXXX voted to kill the Kennedy amendment to S.Con.Res.20, which was an amendment to reduce the resolution’s proposed tax cuts and redirect the revenue to hire more teachers, as well as for increased funding for special education and other education programs. [Vote 72, 3/25/99] XXXX Voted Against Reducing Class Size. XXXX voted against launching the class size reduction initiative, which has provided $19.8 million to hire 37,000 new teachers nationwide. Two years later, XXXX voted to end the program. [Vote 79, 5/22/97; Vote 41, 3/11/99] XXXX Voted Against Reducing Class Size and Increasing Funding for Special Education. In 1999, XXXX voted to kill the Murray amendment to S.280, which was an amendment to authorize $11.4 billion over six years to fund President Clinton’s proposal to hire 100,000 new teachers to reduce class size. [Vote 41, 3/11/99] 75

XXXX Voted to Allow Class Size Reduction Funding to Be Reduced. In 1999, McConnell voted for the Lott amendment to S.280, which was an amendment to allow local education agencies to redirect all or part of the $1.2 billion in the Fiscal Year 1999 Omnibus Appropriations (PL 105-277) for new teachers to special education programs under IDEA. This would reduce funding for the class size reduction program. [Vote 40, 3/11/99] XXXX Voted Against Reducing Class Size and Hiring New Teachers With $11.4 Billion in Funding. In 1999, XXXX voted against limiting debate on a motion to recommit the bill to the Senate Health, Education, Labor and Pensions Committee with instructions that would add language authorizing $11.4 billion over six years for hiring new teachers to reduce class size. [Vote 36, 3/10/99] XXXX Voted Against Efforts to Hire 100,000 New Teachers to Reduce Class Sizes. In 1998, XXXX voted against Murray amendment: Expresses sense of Congress that Congress should support efforts to hire 100,000 new teachers to reduce class sizes in first, second, and third grades to average of 18 students per class. [Vote 93, 4/22/98] XXXX Voted Against Reducing Class Size in Public Schools. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Murray amendment to S.Con.Res.86, which was an amendment to provide $7.3 billion over five years to hire as many as 100,000 additional school teachers. [Vote 50, 3/31/98] TEACHERS XXXX Voted For Tax Bill That Benefited Wealthy While Raising Expenses for 3.27 Million Teachers. In May 2006, XXXX voted for the final version of the $70 billion tax reconciliation bill that removed a provision that had allowed 3.27 million teachers – including 19,343 in New Hampshire – to save $814 million through an educator expenses tax deduction in 2003. The provision, which allowed teachers to deduct to $250 of out-of-pocket expenses they paid for books and classroom supplies, was included in earlier versions of the bill but was stripped in the final version. Meanwhile, the tax bill XXXX supported would only save middle income Americans $20 each while the top tenth of 1 percent (whose average income is $5.3 million) would save $82,415. [Vote 118, 5/11/06; IRS Data, October 2005; Democratic Policy Committee, 9/26/06 New York Times, 5/5/06]  XXXX Voted Against Extending Expiring Teacher Expenses Tax Deduction. In November 2005, XXXX voted against a $58 billion tax cut package that would have extended expiring tax cuts, including the deduction for teachers’ out-of-pocket expenses. [Vote 330, 11/17/05; Conrad Press Release, 11/17/05] XXXX Voted Against Student Loan Forgiveness for Teachers. In March 2005, XXXX voted against an amendment that would have provided up to $23,000 in student loan forgiveness to new teachers in high-need schools. [Vote 68, 3/17/05; NEA Congressional Report Card] XXXX Voted Against Adding $437 Million for Teacher Quality Programs. On September 10, 2003, XXXX voted against an amendment that provided for an additional $437 million for teacher quality programs to the Education, Labor, HHS appropriations bill. [Vote 343, 9/10/03] XXXX Voted Against A Tax Credit For Teachers’ Expenses. In 2001, XXXX voted not to consider an amendment that would create a new tax credit of up to $2,000 for education loan expenses of nurses and teachers, and would direct the Secretary of the Treasury to increase the tax rate on the top bracket by the amount necessary to offset the cost of the new credit. The motion was rejected, 43-56. [HR 1836, Vote 157, 5/22/01] XXXX Voted to Call For Extra Tax Relief For Teachers. In 2001, XXXX voted to express the sense of the Senate that Congress and the President should pass legislation providing elementary and secondary level educators with additional tax relief in recognition of the many out of pocket, unreimbursed expenses they incur to improve the education of our Nation's students. The amendment was agreed to, 95-3. [S 1, Vote 95, 5/8/01] 76

XXXX Voted Against $6 Billion for the Teacher Quality Grant Program. XXXX on May 8, 2001, voted against expressing the sense of the Senate that Congress should provide states with $6 billion over seven years to train teachers and ensure that they are competent in the subjects they teach. Schools with large numbers of poor students would be required to make all their teachers “highly qualified” within four years or lose some Title I funding. [S 1, Vote 94, 5/8/01] XXXX Voted Against Democratic Compromise Education Bill; Mandated Teacher Certification Had Less Funding Than Alternate Democratic Proposal. In 2000, XXXX voted against a moderate Democratic proposal compromising between Republicans seeking increased local control of education dollars and fellow Democrats pushing specific federal programs. The proposal consolidated more than 40 federal education programs and targeting money to poor students. The bill also mandated State certification for teachers' aides and other paraprofessionals, as well as repeal the Reading Excellence Act, the Gifted and Talented Education program, and the Safe and Drug Free Schools and Communities program. The amendment would also provide funding for federal education programs, including money for class-size reduction, public school choice, and accountability grants. The vote was on the Lieberman substitute amendment to the Educational Opportunities Act. [Vote 95, 5/9/00; Deseret News, 5/10/00] XXXX Voted To Increase School Accountability and Provide Alternative Certification for Teachers. In 2000, XXXX voted for an amendment that would increase accountability requirements for schools, would encourage alternative certification processes to hire private sector professionals as teachers, and would provide teacher liability protection (the Teachers' Bill of Rights). The amendment was agreed to, 97-0. [Vote 94, 5/9/00] XXXX Voted Against Funding For A Teacher Hiring Program. In 2000, XXXX voted against an amendment that would strike the $2 billion annual authorization for the bill's Teacher Empowerment Act (TEA) provisions. After striking the TEA provisions, the Murray amendment would authorize $1.75 billion annually for the teacher hiring program, which imposes specific mandates on recipients on how they must spend the funds they receive. The amendment was rejected, 44-53. [Vote 93, 5/4/00] XXXX Voted For Flexibility in the Use of Federal Funds for Teachers. In 2000, XXXX voted for an amendment that would amend the Teacher Empowerment Act (TEA) to permit State and local education agencies to use the Federal TEA funds that they receive: to reform teacher tenure systems; to establish teacher compensation systems based on merit and proven performance; and to test teachers periodically in the academic subjects they teach. The amendment was agreed to, 54-42. [Vote 92, 5/4/00] XXXX Voted Against Allowing Flexibility In The Use Of Funds For Teachers. In 2000, XXXX voted against an amendment that would say that TEA funds could be used: to implement programs that reward all teachers in schools that improve student achievement for all students; to provide incentives and subsidies for teachers to gain advanced degrees in the subjects they teach; to implement rigorous peer review, evaluation, and recertification programs for teachers; and to provide incentives for highly qualified teachers to teach in the neediest schools. The amendment was rejected, 43-54. [Vote 91, 5/4/00] XXXX Voted Against Increase In Funding For Hiring, Training, And Mentoring New Teachers. In 2000, XXXX voted in favor of the proposed education savings account tax breaks and against the authorization of new federal spending of $1.2 billion over five years for the Qualified Teacher in Every Classroom Act. The amendment would provide federal funding to hire, train, and mentor new public school teachers. [Vote 25, 3/2/00; Congressional Quarterly Daily Monitor, 3/2/00] XXXX Opposed Shifting Funds From Tax Breaks For Education Savings Accounts To A Teacher Hiring Program. In 2000, XXXX voted to allow the proposed education savings account (ESA) tax breaks, rather than authorize $1.2 billion in new federal spending in fiscal year 2001 for a teacher hiring program at Title I schools. [Vote 21, 3/1/00; Congressional Quarterly Daily Monitor, 3/1/00] XXXX Voted To Provide Tax Relief For Teachers. In 2000, XXXX voted for an amendment that would eliminate the 2-percent floor on miscellaneous itemized deductions for qualified professional development 77

expenses of elementary and secondary school teachers and would allow an income tax credit of up to $100 for elementary and secondary school teachers who provided classroom materials using their own funds. The amendment was agreed to, 98-0. [Vote 16, 2/29/00] XXXX Voted Against Funding for Teacher Preparation and Recruitment. In 1999, XXXX voted to kill the Kennedy amendment to S.1650, which was an amendment to provide $300 million for teacher preparation and recruitment. [Vote 315, 10/6/99] XXXX Voted Against Requiring Colleges to Establish Policy for Undergraduates Who Want to be High School Teachers to Major in Academic Area in Which They Plan to Teach. XXXX voted against an amendment that would require colleges that receive federal aid to establish, within three years of the bill's enactment, a policy that all undergraduate students preparing to be secondary school teachers complete an academic major in the academic area in which they plan to teach. [Vote 193, 7/9/98] XXXX Voted Against a Measure Expressing Sense of Congress That 100,000 New Teachers Should Be Hired to Reduce Class Size. In 1998, XXXX voted against an amendment to the Parent and Student Savings PLUS Act by Sen. Murray that would have expressed the sense of Congress that, "Congress should support efforts to hire 100,000 new teachers to reduce class sizes in first, second, and third grades to an average of 18 students per class all across America." [Vote 93, 4/22/98] XXXX Opposed Efforts to Recruit and Develop Quality Teachers. In 1998, XXXX opposed a proposal that would encourage more young people to become teachers by forgiving student loans for new graduates who teach in areas with severe teacher shortages or that serve disadvantaged children. [Vote 86, 4/21/98] TESTING XXXX Voted Against Permitting States to Waive Testing Requirements. XXXX, on June 13, 2001, was one of 78 senators who voted against the Hollings amendment to S.1, which was an amendment to allow states to opt out of the mandatory testing in grades three through eight beginning in 2005, if states can demonstrate the presence of a comparable assessment system, or if they determine a greater increase in student achievement can be accomplished through alternative educational investments. [S 1, Vote 183, 6/13/01] XXXX Voted Against Eliminating Testing Requirement If Title I Programs Were Underfunded. In 2001, XXXX voted against eliminating the testing requirement in the event Congress did not fully fund Title I programs that aid students in low-income areas. The vote was on an amendment to the Better Education for Students and Teachers Act of 2001. [S 1, Vote 176, 6/7/01; Congressional Quarterly Daily Monitor, 6/7/01] XXXX Opposed Requiring Federal Government to Pay for New Tests under NCLB. XXXX, on June 7, 2001, voted against the Carnahan amendment to S.1, which was an amendment to require the Federal Government to pay 100 percent of the costs associated with implementing new tests as required in No Child Left Behind. John McCain voted for this amendment, which failed 55 to 43. [S 1, Vote 174, 6/7/01] XXXX Voted Against Giving Governors the Same Authority As State Superintendents In Devising Student Testing Programs. In 2001, XXXX voted against giving Governors the same authority that state school superintendents have in devising student testing programs. The amendment XXXX voted against required a Governor's involvement and approval in State education reform plans and applications that are required as a condition of receiving ESEA funds. The vote was on an amendment the Better Education for Students and Teachers Act of 2001. [S 1, Vote 173, 6/6/01] XXXX Voted Not To Require State School Officials To Consult With Governors In Devising Student Testing Programs. In 2001, XXXX voted against requiring state school officials to consult Governors on testing. The amendment would have required State school officials to consult with Governors in the preparation of plans and applications for ESEA program funding, and it would require the state school officer to consult with Governor before signing any such completed plans and applications. The vote was on an amendment to the Better Education 78

for Students and Teachers Act of 2001. [S 1, Vote 172, 6/6/01] XXXX Voted to Provide Bonuses For High Quality Testing. In 2001, XXXX voted to eliminate the one-time bonuses available to States that complete the development of assessments required by the Better Education for Students and Teachers Act of 2001 prior to the deadline. In lieu thereof, it would provide that the Secretary of Education would give bonuses to States at the end of the 2006-2007 school year that had developed assessments by the deadline that were of "particularly high quality" in terms of assessing the performance of students in grades 3 through 8. The amendment was agreed to, 57-39. [S 1, Vote 171, 6/6/01] XXXX Voted Against Imposing Federal Requirements on State Tests. In 2001, XXXX voted against requiring that: a State's testing standards would have to conform to relevant national standards developed by the American Educational Research Association, the American Psychological Association, and the National Council of Measurement in Education; States would have to provide evidence to the Department of Education that the tests they used were of adequate technical quality for each purpose required by this bill; and itemized score analyses would have to be provided to districts and schools. The amendment was agreed to, 50-47. [S 1, Vote 99, 5/10/01] XXXX Voted Against Increasing Spending For School Accountability. In 2000, XXXX voted against an amendment that would increase Title I, Part A spending (for schools with disadvantaged students) by $250 million in FY 2001, for a total of $8.6 billion for "accountability" efforts to improve schools. No offsets would be provided to pay for the increased spending. The motion was rejected, 49-50. [Vote 147, 6/27/00] XXXX Opposed Shifting $275 Million From Tax Cuts For Education Savings Accounts To School Accountability Programs. In 2000, XXXX voted against denying the proposed education savings account (ESA) tax breaks and instead authorize new federal spending of $275 million per year on “accountability and school improvement” at public schools that receive Title I federal assistance for disadvantaged students. The vote was on tabling the Bingaman amendment to the Affordable Education Act of 1999. [Vote 19, 3/1/00; Congressional Quarterly Daily Monitor, 3/1/00] XXXX Voted to Kill a Measure Providing $200 Million for Local and State Accountability Programs to Improve Poorly Performing Schools. In 1999, XXXX voted to table an amendment to the Labor-HHS-Education FY ‘00 Appropriations by Sen. Bingaman that would have earmarked $200 million for state and local accountability programs to identify schools that were performing poorly and to provide funding for activities, such as professional development, in order to improve those schools' performance. [Vote 317, 10/7/99] XXXX Voted Against Requiring Education Agencies to Publish Report Cards on School Performance. In 1999, XXXX voted in favor of a motion to table an amendment to the Education Flexibility Partnership Act by Sens. Feinstein and Dorgan that would have combined two separate proposals. The first proposal, by Senator Feinstein, would be to create a new Federal program to give assistance to local or State educational agencies that bar social promotion. The second proposal, by Senator Dorgan, would mandate, as a condition of receiving any assistance under the Elementary and Secondary Education Act, that States and individual schools must prepare and widely disseminate annual "school report cards" on school performance. [Vote 46, 3/11/99] XXXX Voted to Kill a Measure Requiring States to Demonstrate a Strong Record of Standards-Based Reform Before Receiving Federal Waivers from Education Mandates. In 1999, XXXX voted to table an amendment he sponsored to the Education Flexibility Partnership Act that would have required States to demonstrate that they had a strong record of making standards-based education reforms in the previous 5 years before they could be granted waiver authority. [Vote 30, 3/3/99] XXXX Voted Against Retaining Funding for National Education Testing. In 1998, XXXX voted for a bill to allow parents, relatives or outside entities, including corporations, to contribute up to a combined total of $2,000 per year of after-tax funds to tax-free savings accounts designated for educational expenses. Current law allows up to $500 for college expenses, but the bill would raise the limit to $2,000, and allow the accounts to be used for public or private elementary and secondary education expenses. The bill also would prohibit federal funding for national education testing, give states the option of receiving federal education funds through block grants directly 79

to the state or local level, and provide incentives for states and localities to establish merit pay and testing programs for teachers. [Vote 102, 4/23/98] XXXX Voted Against a Measure Providing Bonus Awards to Schools Which Show Standards of Excellence. In 1998, XXXX voted against an amendment to the Parent and Student Savings PLUS Act by Sen. Landrieu that would have struck the bill provisions on education savings accounts and would instead authorize a new program under which the Secretary of Education could pick up to 250 schools per year to give $100,000 because in his opinion they had "established standards of excellence and demonstrated a high level of quality." [Vote 97, 4/23/98] XXXX Supported a Measure Banning Federally Sponsored Student Tests That Were Not Enacted by Congress, Taking Away State and Local Flexibility. In 1998, XXXX voted in favor of an amendment to the Parent and Student Savings PLUS Act by Sen. Ashcroft that would have enacted a ban on the Federal Government developing, planning, implementing, or administering any federally sponsored national test in reading, mathematics, or any other subject that was not specifically and explicitly provided for in authorizing legislation enacted into law. The amendment also reinserted Education Savings Accounts into the bill and struck a provision providing tax breaks to teachers who go back to school for technology training. [Vote 94, 4/22/98] XXXX Voted to Kill a Measure Providing $1.5 Billion Over 5 Years for Grant Program to School Districts Reforming Their Educational Package. In 1998, XXXX voted to table an amendment to the Concurrent Budget Resolution for FY’s 1999-2003 by Sen. Kennedy that would have adjusted the functional totals with the intention of providing $1.5 billion over 5 years for a new educational grant program that would give money to school districts that were "showing a special kind of designation in reforming and rehabilitating their total educational package." The cost would be offset by making an across-the-board cut in non-defense discretionary spending. [Vote 78, 4/2/98] CHILD CARE XXXX Voted Against $6 Billion in Child Care Funding. In 2004, XXXX voted against an amendment that increased mandatory child care funding by $6 billion over the next five years. The $6 billion was offset by extending expiring Customs Service user fees. [Vote 64, 3/30/04] XXXX Voted Against Increasing Child Care Spending By $9.1 Billion Over 10 Years. In 2003, XXXX voted against an amendment that would have increased child care spending by reducing Bush tax cuts. The vote was on an amendment that would have increased mandatory child care spending by $4.6 billion over five years and $9.1 billion over 10 years. [Vote 90, 3/25/03] XXXX Voted Against Giving States $9 Billion in Funds and Grants for Child Care and Social Service Programs. In 2002, XXXX voted against an amendment to “give states $6 billion in additional federal matching funds and $3 billion in grants to help them pay for child care and other social service programs.” XXXX was one of only 24 Senators to oppose this legislation. [S 812, Vote 190, 7/25/02] XXXX Voted Against Child Care Funding. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Dodd amendment to S.Con.Res.86, which was an amendment to establish a reserve fund to provide funding for child-care. [Vote 52, 3/31/98] XXXX Voted To Expand Businesses With Quality Child Care. In 1997, XXXX voted for a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Jeffords amendment to S.949, which was an amendment to expand tax credits for businesses with quality child-care and mandate that home child-care providers meet added requirements. Many Republicans opposed this amendment because of the added requirements home child-care providers would be required to meet to receive tax credits. [Vote 153, 6/27/97] XXXX Voted to Provide Tax Credits to Employers to Offset Cost of Child Care. In 1997, XXXX was one of 72 senators who voted for a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Kohl amendment to S.949, which was an amendment to provide tax credits to employers to offset half of the cost of 80

providing child care for dependents of their employees. [Vote 152, 6/27/97] MINORITY AND LOW INCOME EDUCATION XXXX Voted Against $210 Million for Hispanic Education Programs. In September 2003, XXXX voted against increasing funding for Hispanic education programs by $210 million, including $20 million for dropout prevention, $85 million for language instruction, and $4.5 million for migrant education. [Vote 322, 9/3/03] XXXX Voted For $250 Million Grant Program To Provide Technology In Schools With Minority, Low- Income Students. On April 30, 2003, XXXX voted to provide grants for network technology to schools with large minority and low-income populations. The vote was on a bill that would establish a $250 million National Science Foundation program from fiscal 2004 to fiscal 2008 to provide digital and wireless network technology instruction to schools with large minority and low-income populations. The grants could be used to purchase new digital and wireless network technology and infrastructure and to educate teachers. [S 196, Vote 136, 4/30/03] XXXX Voted Against Funding for Low Income Children and Education. In November 2001, XXXX voted against an amendment that would transfer $1 billion of the Title I increase into the Target Assistance Grant Fund, which benefits low-income children. It also would allocate $650 million for education finance incentive grants. [HR 3061, Vote 317, 11/1/01] XXXX Voted Against $750 Million for Bilingual Education Programs. On a vote of 62-34, XXXX voted against an amendment to express the sense of the Senate that Congress should appropriate $750 million for bilingual education programs in 2002 for a total of $11.5 billion through 2008. [S 1, Vote 100, 5/10/01] XXXX Voted Against Vocational Education for Welfare Recipients. In 1997, XXXX voted against expanding vocational education for welfare recipients. [Vote 119, 6/25/97] XXXX Voted Against Education and Nutrition Programs for Low-Income Children. In 1997, McConnell voted against ensuring education and nutrition programs for low-income children. [Vote 8, 2/11/97] McConnell Opposed Restoring Funding to Indian Education. In 1995, McConnell voted to table an amendment to the FY ‘96 Interior Appropriations by Sen. Bingaman that appropriated $81.3 million (level funding) for Indian Education, as opposed to the proposed $54.7 million proposed, which would have cut Indian education by nearly $30 million. [Vote 377, 8/9/95] AMERICORPS AND SERVICE XXXX Voted Against Expanding Service Programs to More than Triple the Americans Involved. In March 2009, XXXX voted against a bill that would significantly expand national and community service programs such as AmeriCorps. The bill eventually could more than triple the number of Americans in national service programs, at an estimated cost of $5.7 billion over five years. The pace of expansion will depend on how much funding is appropriated over that period. The bill would amend the 1990 National and Community Service Act to expand the mission of the Corporation for National and Community Service and introduce new service programs that would provide incentives for students and senior citizens to participate in volunteer community service. The legislation would increase the education reward for participants in national volunteer programs from $4,725 to $5,350, and it would peg the reward to the maximum Pell grant in the future. People older than 55 could transfer the education reward to a child, foster child or grandchild. The bill passed 79-19. [CQ Today, 3/26/09; Vote 115, 3/26/09] XXXX Voted to Protect $100 Million in Funding for AmeriCorps. In 2003, XXXX voted against an amendment that would strike from the bill a provision appropriating $100 million to AmeriCorps. [HR 2657, Vote 272, 7/11/03] SCHOOL SAFETY 81

XXXX Supported $49 Million for School and Community Safety Programs. In 2001, XXXX voted to authorize $49 million in new spending for a National Center for School and Youth Safety to respond to school emergencies, operate a student hotline and conduct outreach activities. It also would authorize grants to help communities develop safety programs. The vote was on an amendment to the Better Education for Students and Teachers Act of 2001. [S 1, Vote 102, 5/14/01] XXXX Voted To Filter Obscene Material From School Computers. In 2000, XXXX voted to enact the Children's Internet Protection Act, which would cut off Federal Internet access subsidies to schools that failed to implement filtering or blocking technology on computers with Internet access. Schools would have to implement filtering or blocking technology that prevented children's access to child pornography, other obscene material, and any other material that the school, school board, or other authority determined was inappropriate for minors. The amendment was agreed to, 95-3. [Vote 149, 6/27/00] XXXX Voted to Create A Program To Promote Gun Education And Safety. In 2000, XXXX voted for an amendment that would create a new Federal program to award grants through an application process to various schools: for the development and dissemination of model programs to reduce violence in schools; for the education of students about the dangers associated with guns; and for the distribution of violence- prevention information, including information about safe gun storage, to children and their parents. The amendment was agreed to, 91-7. [Vote 32, 3/2/00] XXXX Voted Against a Call For Measures To Reduce “The Threat Of Gun Violence In Schools.” In 2000, XXXX voted against an amendment that would express the sense of the Senate that "before April 20, 2000, Congress shall make schools safe for learning by implementing policies that will reduce the threat of gun violence in schools." The amendment also included a finding that Congress has "failed to pass reasonable, common-sense gun control measures" following the violence nearly a year ago at Columbine High School.” The amendment was rejected for a second time, 49-49. [Vote 28, 3/2/00] XXXX Voted Against An Amendment That Called For Policies To Reduce Gun Violence In Schools. In 2000, XXXX voted against an amendment that would express the sense of the Senate that "before April 20, 2000, Congress shall make schools safe for learning by implementing policies that will reduce the threat of gun violence in schools." The amendment was rejected, 49-49. [Vote 27, 3/2/00] XXXX Voted to Call for Reauthorization Of The Safe And Drug-Free Schools Program. In 2000, XXXX voted for an amendment that would express the sense of the Senate that the "reauthorization of the Safe and Drug- Free Schools program that Congress soon will be considering should target the elimination of illegal drugs and violence in our schools and should encourage local schools to insist on zero-tolerance policies towards violence and illegal drug use." The amendment was agreed to, 96-1. [Vote 26, 3/2/00] XXXX Voted for Funding “School Choice” For Victims Of Violent Crimes. In 1999, XXXX voted for an amendment that permitted the use of Federal education funds to pay the educational costs of allowing students who had been the victims of rape or other violent assaults on school grounds to transfer to safer schools of their choice, including private or religious schools. The amendment passed, 50-49. [Vote 360, 11/10/99] XXXX Voted to Allow Same Discipline for Special Education Students and Other Students for Brining Weapons to School. In 1999, XXXX voted for an amendment that permits school personnel to suspend or expel children with disabilities from their schools for unlimited periods of time for carrying or possessing gun or other firearm to or at school, without providing any educational services, including behavioral intervention services. [Vote 137, 5/20/99] XXXX Voted Against Supporting a Program to Prevent Youth Violence. In 1999, XXXX voted to kill the Robb amendment to S.254, which was an amendment to authorize funding for a National Resource Center for School Safety and Youth Violence Prevention, a program to combat school violence. This amendment also 82

authorized funding for youth mental health programs and substance abuse and treatment programs. [Vote 107, 5/11/99] XXXX Voted Against Providing Students With Safe After-School Learning Opportunities. In 1999, XXXX repeatedly voted against increasing participation in after-school programs. [Vote 44, 3/11/99] TECHNOLOGY XXXX Opposed An Amendment That Would Increase Funding For Technology Literacy. In 2000, XXXX voted for an amendment that would increase funding for the technology literacy challenge fund to $517 million. No offsets would be provided to pay for the new spending. The motion was rejected, 48-51. [Vote 155, 6/28/00] XXXX Voted To Filter Obscene Material From School Computers. In 2000, XXXX voted to enact the Children's Internet Protection Act, which would cut off Federal Internet access subsidies to schools that failed to implement filtering or blocking technology on computers with Internet access. Schools would have to implement filtering or blocking technology that prevented children's access to child pornography, other obscene material, and any other material that the school, school board, or other authority determined was inappropriate for minors. The amendment was agreed to, 95-3. [Vote 149, 6/27/00] XXXX Voted For An Amendment To Expand Tax Incentives For Computer Donations To Schools. In 2000, XXXX voted for an amendment which would expand the current age-limit from 2 years to 3 years for the deduction for computer donations to schools and it would expand the number of donors eligible to take the deduction. It would also create a new tax credit for donors who gave computers or related equipment to schools. The amendment was agreed to, 96-2. [Vote 18, 3/1/00] XXXX Opposed High-Tech Learning. In 1998, XXXX helped defeat tax credits that would help teachers go back to school for specialized training in education technology. [Vote 99, 4/23/98] SECURE RURAL SCHOOLS XXXX Voted For Reauthorization of Secure Rural Schools to Fund Rural Schools in Regions With Untaxed Federal Lands. In 2012, XXXX voted for an amendment that would reauthorize, for one year, payments in lieu of taxes made to rural communities and the Secure Rural Schools program. The programs fund rural schools and other local government services in areas with large amounts of federal land that can not be taxed to support those services. The amendment would be offset with changes to federal employee retirement regulations and other tax provisions. The amendment was adopted by a vote of 82-16. [S.1813, Vote #29, 3/8/12] MISCELLANEOUS XXXX Voted Against Sex Ed Grants. In July 2006, XXXX voted against authorizing federal grants to carry out sex education programs aimed at preventing teen pregnancies. The amendment was offered by Sen. Frank Lautenberg to a bill that made it a crime for minors to cross state lines for an abortion without parental consent. [Vote 214, 7/25/06; AP, 7/25/06 XXXX Opposed Adding $44 Million for Museum and Library Programs. On September 10, 2003, XXXX voted against an amendment that would provide $4 million for museum and library programs. The amendment provided for an additional $44 million for literacy, library, and museum programs. [Vote 338, 9/10/03; CQ Daily Monitor, 9/10/03] XXXX Voted Against $187 Million for the Impact Aid Program. In September 2003, XXXX voted against an additional $187 million for the Impact Aid program. The substitute would provide $137.6 billion in discretionary spending in fiscal 2004 for the Labor, Health and Human Services and Education departments and related agencies. [Vote 323, 9/3/03] 83

XXXX Voted for $25 Million for American History Education. In June 2003, XXXX voted for a bill that would authorize $25 million annually from fiscal 2004 through fiscal 2007 for grants to be awarded to colleges, universities and other educational institutions to establish academies for teachers and students on American history and civics. The grants would be awarded by the chairperson of the National Endowment for the Humanities. [S 504, Vote 231, 6/20/03] XXXX Voted Against Protecting Equal Access to Schools for the Boy Scouts. XXXX, on June 14, 2001, voted against the Boxer amendment to S.1, which was an amendment to provide that public elementary or secondary schools and local or state educational agencies may not deny specified youth groups, such as the Boy Scouts, access to meet after school in a designated open forum based on their position on sexual orientation. [S 1, Vote 191, 6/14/01] XXXX Supported Preventing Federal Education Funds from Being Spent on Schools That Bar the Boy Scouts. XXXX, on June 14, 2001, voted for the Helms amendment to S.1, which was an amendment to prevent federal education funds from being withheld from public elementary and secondary schools that bar the Boy Scouts from using school facilities because of the organization’s exclusion of homosexuals. [Senate S 1, Vote 189, 6/14/01; Associated Press, 06/14/01] XXXX Voted to Allow Localities to Consolidate 21st Century Schools Program in Return for Increased Accountability. In 2001, XXXX voted to allow State and local governments that participate in the Performance Agreement (Straight A's) pilot program to include the 21st Century Schools Program among the programs that would be consolidated in return for increased accountability for student progress. The amendment was rejected, 47-51. [S 1, Vote 184, 6/13/01] XXXX Voted to Call for Students to Be Taught Arguments For and Against Evolution. In 2001, XXXX voted for an amendment to the Better Education for Students and Teachers Act of 2001 to express the sense of the Senate that "good science education should prepare students to distinguish the data or testable theories of science from philosophical or religious claims that are made in the name of science" and that "where biological evolution is taught, the curriculum should help students to understand why this subject generates so much continuing controversy, and should prepare the students to be informed participants in public discussions regarding the subject." The amendment was agreed to, 91-8. [S 1, Vote 182, 6/13/01] XXXX Voted to Allow States To Use Grants To Teach Parents How To Educate Infants And Toddlers. In 2001, XXXX voted to allow states to spend federal money to teach parents how to educate their children before the children are old enough to attend school, from birth to 5 years of age. The vote was on an amendment to the Better Education for Students and Teachers Act of 2001. [S 1, Vote 177, 6/11/01; Congressional Quarterly Daily Monitor, 6/11/01] XXXX Opposed $500 Million for Reading First Program. XXXX, on May 16, 2001, was of one of 30 senators to vote against the Reed amendment to S.1, which was an amendment to authorize an additional $500 million in Fiscal Year 2002 and in each of the next six fiscal years under the Reading First Program for school library improvements in schools with the highest poverty rates. [S 1, Vote 106, 5/16/01] XXXX Voted To Increase Funding For Education Research. In 2000, XXXX voted for an amendment that would increase funding for the Office of Educational Research and Improvement (OERI)--the research arm of the Department of Education--by $10 million and would earmark $20 million of total OERI funding for the Interagency Education Research Initiative (IERI) in order to fully fund the Department of Education's share of IERI. The funding increase would be offset by reducing funds for the administrative and related expenses of the Department of Health and Human Services, the Department of Labor, and the Department of Education by $10 million. The amendment was agreed to, 98-0. [Vote 161, 6/29/00] XXXX Voted To Permit Funding For Same-Gender Schools. In 2000, XXXX voted for an amendment that would add that the funds provided in title VI (for innovative and creative approaches to public education; this bill 84

provided $3.1 billion for title VI, including advance funds) could be made available for education reform projects that provided same-gender schools and classrooms consistent with applicable law. The amendment was agreed to, 99-0. [Vote 151, 6/28/00] XXXX Voted For “Social Promotion.” In 2000, XXXX voted against an amendment that would allow social promotion (the formal or informal practice of promoting a student to the next grade level even though the student failed) to continue for any child who had not been afforded an “opportunity to learn the material necessary” to meet achievement standards. On the next vote, XXXX voted against banning federal funding to schools that had not prohibited the practice of social promotion. [Vote 30, 3/2/00; Vote 31, 3/2/00] XXXX Opposed Expressing Sense of Senate that Education Should Be a Priority Over Tax Cuts to the Wealthy. In 1999, XXXX voted against a motion to waive the Budget Act to consider an amendment to the Taxpayer Refund Act of 1999 by Sen. Bingaman that would have expressed the sense of the Senate that $132 billion "should be shifted from tax breaks that disproportionately benefit upper income taxpayers to sustain our investment in public education," including by "investing" in disabilities education, the Pell Grant Program, the Head Start Program, and the initiative to reduce class size by giving Federal funding to public schools to hire more teachers. [Vote 232, 7/30/99] XXXX Voted Against Using Welfare to Assist with Education. In 1998, XXXX voted against an amendment that changes Temporary Assistance for Needy Families (TANF) Act to allow up to 24 months of postsecondary education and vocational education training to be counted as permissible work activities and removes teens from 30 percent education limitation imposed by TANF. The amendment would allow states to count up to two years of post-secondary or vocational education toward work requirements for welfare parents under the 1996 welfare law (PL 104-193). Current law allows states to count up to one year of vocational education toward the requirement. The amendment also would prohibit states from counting teenage welfare parents' education toward the 30 percent education limitation imposed by the 1996 law. [Vote 191, 7/9/98] XXXX Voted Against Recognizing ‘Blue Ribbon’ Schools. In 1998, XXXX voted against an amendment to replace the savings account language with language to establish a program to award $100,000 each to nationally recognized public or private "Blue Ribbon" schools [Vote 97, 4/23/98] XXXX Voted to Use Federal Funds for Same Gender School and Classrooms. In 1998, XXXX voted for an amendment that allows use of Federal education funds in Title VI of ESEA for education reform projects that provide same gender schools and classrooms. [Vote 89, 4/21/98] XXXX Voted to Abolish the NEA. In 1997, XXXX voted for a bill that would have abolished the NEA. [Vote 245, 9/17/97] XXXX Voted to Award Funds for Education Directly to Local Agencies. In 1997, XXXX cast a crucial vote to award funds for elementary and secondary education directly to local agencies. [Vote 232, 9/11/97] XXXX Voted Against Money for School Breakfast Programs. In 1997, XXXX voted to kill the Wellstone amendment to S.936, which was an amendment to transfer $5 million per year for five years from the Defense Department to the school breakfast program. The usefulness of this vote in the current political environment is marginal, since the offset is Defense Department funding. [Vote 162, 7/9/97] 85

ELECTIONS, GOOD GOVERNMENT, ETHICS HIGHLIGHTS  THE XXXX RECORD CONGRESSIONAL PAY RAISE XXXXX Received XXXX Pay Raise Since Coming to Congress. Since coming to Congress in XXX XXXXX has seen his pay rise XX percent from XXX in XXX to XXXX in XXXX. [Congress Link, accessed 12/11/06] XXXXX Repeatedly Voted Himself A Pay Raise. Since 1999, XXXXX has voted to give himself a pay raise at least six times. [Vote 406, 10/23/03; Vote 410, 10/23/03; AP, 10/23/03; Washington Post, 7/27/00; Vote 300, 7/15/99, Congressional Quarterly, 7/19/99] XXXX Voted for Amendment That Included Pay Freeze for Federal Employees and Members of Congress. In 2012, XXXX voted for an amendment that would extend energy tax credit programs, excluding the production credit and the stimulus grant program that expired in 2011. Provisions would be partially offset by extending the federal employee pay freeze through 2013. The amendment was rejected by a vote of 41-57. [S.1813, Vote #38, 3/13/12]  HEADLINE – Senate Rejects Plan to Extend Federal Pay Freeze. [Washington Post, 3/13/12] XXXX Supported Attempt to Derail Omnibus by Offering COLA Pay Raise Amendment. In March 2009, XXXX voted against tabling an amendment that would have repealed a law giving lawmakers an automatic pay raise each year. The amendment, sponsored by David Vitter, R-LA, would have threatened clearance of the omnibus spending bill. If it had been adopted, the bill would have needed to return to the House, where Speaker Nancy Pelosi, D-Calif., had threatened to reject any changes and keep the government operating on a continuing resolution for the rest of the fiscal year, which ends Sept. 30. Before the vote on the amendment, Vitter blocked a move by Leader Harry Reid to bring up stand-alone legislation (S 542) to curb automatic congressional pay raises, passage of which would make it possible to cancel automatic pay raises without threatening the future of the omnibus. Debbie Stabenow, D-Mich., characterized a vote for the Vitter amendment as a vote to preserve automatic pay raises next year. She reasoned that passing the Vitter amendment would doom the omnibus, which includes language canceling next January’s pay raise. Ten Democrats switched sides to vote with Republicans, many of them casting a “no” vote only after it became clear their party had the votes to block the amendment. The amendment was killed, 52-45. [CQ Today, 3/10/09; Vote 95, 3/10/09] 2009: XXXX Voted Against Eliminating A Pay Raise Scheduled To Take Place In 2010. XXXX voted against HR 1105. The bill contained a provision that would remove the automatic pay raise scheduled to take place in 2010. [Vote 96, 3/10/09] 2003: XXXX Twice Voted to Raise His Salary By $3,400. In 2003, XXXX voted to table an amendment offered by Senator Russ Feingold to block members of congress from receiving a 2.2 percent cost of living salary increase during fiscal year 2003. XXXX then voted in favor of the final appropriations bill that included funding for Members of Congress. As a result, pay for members of congress increased from $154,700 to $158,100. [Vote 406, 10/23/03; Vote 410, 10/23/03] 2002: XXXX Opposed Granting Congress a COLA Pay Raise. In 2002, XXXX voted to deny Congress a COLA pay raise. XXXX opposed tabling an amendment that would deny members of Congress a cost of living increase in fiscal 2003. The 3.1 percent pay raise would raise senators and representatives salaries to $154,700 in 86

2003 instead of the $150,000 they made in 2002. Lawmakers' salaries have gone up $18,000 since 1999. Under a 1989 law, congressional pay raises, determined by a complicated formula that includes a measure of private industry employment costs, go into effect automatically unless lawmakers vote to block them. [Vote 242, 11/13/02; Associated Press, 11/13/02] 2001: XXXX Voted To Kill a $4,900 Pay Raise. In 2001, XXXX voted to kill an automatic pay increase of $4,900 for Members of Congress. The pay raise amounted to a 3.4% for an annual salary of $150,000. [Vote 360, 12/7/01]  XXXX Voted Against Treasury Appropriations Bill That Opened The Door For Congressional Pay Raise. In 2001, XXXX voted against the $32.49 billion for the Department of the Treasury, Postal Service, Executive Office of the President, for law enforcement and counterterrorism. The bill increased spending for the IRS and Customs Service but dropped language that would have eased travel restrictions to Cuba. The measure also provided for an average 4.6 percent pay increase for the civil service, opening the door for lawmakers to give themselves a $4,900 pay raise next year to $150,000. This amount was $1.9 billion more than provided in FY 2001 and $457.7 million more than the budget request. The vote was on the conference report to accompany the Treasury, Postal Service, and General Government Appropriations Bill for fiscal year 2002. [Vote 321, 11/1/01; Associated Press, 11/2/01] May 2000: XXXX Voted To Advance The FY 2001 Legislative Appropriations Bill, Included Pay Raise. In 2000, XXXX voted to advance the Legislative Branch Appropriations Bill for fiscal year 2001 (S. 2603) to its third reading. The bill provided $1.78 billion in new budget authority for the legislative branch (exclusive of House items) for fiscal year (FY) 2001. The Capitol Police budget was increased by 26 percent and the Senate's budget was increased by 3.9 percent. The bill also included $253.2 million for the salaries of Senators' staffs and office expenses (an increase of $7.5 million). The motion was agreed to, 98-2. [Vote 114, 5/25/00] Oct. 2000: XXXX Opposed FY2001 Treasury, Postal and Legislative Appropriations Bill, Raised Congressional Pay. In 2000, XXXX voted against the FY 2001 Treasury Department, Postal Service, and Legislative Branch Appropriations Bill. The bill cleared the way for Congressional members to receive a $3,800 pay raise from a 2.7 percent cost of living adjustment. Annual pay increases are set into law, and because this bill did not include an amendment banning the pay raise, the raise passed. The bill provided $2.527 billion in new funding for the legislative branch for 2001, including $253.2 million for the salaries of Senators' staffs and office expenses (an increase of $7.5 million). Treasury Department, Postal Service. [Vote 273, 10/12/00; Congressional Quarterly Weekly, 10/13/00; Associated Press, 10/16/00]  XXXX Opposed the FY2001 Treasury, Postal Service and Legislative Appropriations Bill, Included Congressional Pay Raise. In 2000, XXXX voted against the Treasury, Postal Service, and General Government appropriations bill, which provided almost $33 billion for these agencies and departments. The bill would have cleared the way for members of Congress to receive a $3,800 pay raise in January 2001, a 2.7 percent increase that would put their salaries at $145,100. Democrats said Clinton would have vetoed the bill because it shortchanged the Internal Revenue Service and counterterrorism programs. The bill provided $2.527 billion in new budget authority (BA) for the legislative branch for FY 2001, which was $40.7 million more than provided in FY 2000 and $198.7 million below the budget request. [Vote 253, 9/20/00; Associated Press, 9/21/00]  AP Headline: “Clinton Vetoes Congressional Pay Raise As Budget Battle Escalates.” “In a sharp escalation of their pre-election budget showdown, President Clinton vetoed a measure Monday allowing members of Congress a pay raise after top House Republicans shot down a tentative deal on a huge spending bill for school, labor and social programs. In a veto message issued just minutes before a midnight deadline for acting on the bill, Clinton said: ‘The Congress' continued refusal to focus on the priorities of the American people leaves me no alternative but to veto this bill. I cannot in good conscience sign a bill that funds the operation of the Congress and the White House before funding our classrooms, fixing our schools and protecting our workers.’…The bill Clinton vetoed - a $33 billion measure financing the 87

Treasury Department - contained a $3,800 pay increase for lawmakers, boosting their annual salaries to $145,100. It also contains a GOP-sought phaseout of the 3 percent telephone tax, and finances the White House's own operations.” [AP, 10/31/00] 1997: XXXX Voted Against a 2.3 Percent Congressional Pay Raise. In 1997, XXXX voted against the Fiscal Year 1998 Treasury-Postal Appropriations conference report, which included a 2.3 percent pay raise for members of Congress. [Vote 264, 10/1/97]  1997: Members of Congress Quietly Gave Themselves a Pay Raise of $3,000. As reported by the Washington Post, “After four years without a salary increase, members of Congress in the fall of 1997 quietly gave themselves a pay raise. The 2.3 percent hike amounts to about $3,000 a year, bringing rank- and-file salaries to $136,673. Leaders of both parties get considerably more; House Speaker Newt Gingrich (R-Ga.), for instance, will make $175,445. Some things in Congress get done in the open, but not this. Tucked into a large appropriations bill, the raise was hastily pushed through the House by the leadership, then was quietly passed by a House-Senate conference committee.” [Washington Post, “A Quiet Raise”]  AP Headline: “Senate Pushes Ahead Congress' $3,000 Cost-Of-Living Raise.” “Capping weeks of intense maneuvering, Congress approved legislation Wednesday that clears the way for a $3,000 cost-of- living increase in lawmakers' $133,600 pay. The 55-45 Senate vote was the latest in a series of close calls for the bill, which leaders in both houses and both parties nursed toward passage over many weeks without permitting a direct roll call vote on a pay increase. Even so, the political anxiety was evident in the Senate, where 19 of the 30 lawmakers seeking re-election next year voted against the bill, and only 11 voted in favor. ‘We shouldn't be receiving a [cost-of-living adjustment] during that period of time' when lawmakers are asking others to sacrifice, said Sen. Sam Brownback, R-Kan., who faces the voters in 13 months and was one of a small number of senators to speak out against the increase. ‘I cannot support the COLA at this point in time.’” [AP, 10/2/97]  Houston Chronicle Headline: “Congress Approves Pay Raise For Itself.” [Houston Chronicle, 10/2/97]  Measure Didn’t Include Provision To Block Pay Raise, Which Had Been Blocked Since 1993. “Reversing its earlier opposition to a pay raise, the Senate paved the way Wednesday for all members of Congress to get a 2.3 percent cost-of-living increase. Pay of House and Senate members would go from $ 133,600 a year to $ 136,672 a year. The Senate approved the bill 55-45. The legislation, approved by the House on Tuesday, is a $ 26 billion funding measure for the Treasury Department and other agencies and does not refer to a pay raise for members of Congress. But since 1993, lawmakers have used the annual bill to block automatic cost-of-living increases in their own pay. This time Congress decided not to block the raise.” [Chicago Sun-Times, 10/2/97] CONGRESSIONAL TERM LIMITS XXXX Voted Not to Express Support for Congressional Term Limits. In 2012, XXXX voted against DeMint, R-S.C., amendment no. 1488 to the Reid, D-Nev., substitute amendment no. 1470. The DeMint amendment would express the sense of the Senate in support of amending the Constitution to provide for congressional term limits. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was rejected by a vote of 24-75. [S.2038, Vote #11, 2/2/12; The Hill, 2/2/12] FINANCIAL DISCLOSURE FOR MEMBERS OF CONGRESS XXXX Voted for STOCK Act Prohibiting Members of Congress From Using Non-Public Information to Trade Stocks and Bonds. In 2012, XXXX voted for passage of the bill that would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use 88

of non-public information for trading stocks and bonds. The bill would state that existing House and Senate ethics rules bar lawmakers from voting on legislation on which they have a conflict of interest. It would require lawmakers and congressional aides who already file annual financial disclosure statements to report stock and bond transactions within 30 days of the transaction. The information would be posted on a publicly-available website. The bill would require lawmakers to disclose more financial data on their home mortgages and would prohibit the payment of bonuses to Fannie Mae and Freddie Mac executives while the two mortgage giants are under government conservatorship. The bill passed by a vote of 96-3. [S.2038, Vote #14, 2/2/12; Politico, 2/2/12] XXXX Voted For Cloture on STOCK Act to Ban Stock Trading By Members of Congress and Staff Using Information Obtained in Official Duties. In 2012, XXXX voted for a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would prohibit stock trading by members of Congress and aides using information obtained through the course of their duties. The motion was agreed to by a vote of 93-2. [S.2038, Vote #3, 1/30/12; Politico, 2/2/12] XXXX Voted For Weaker STOCK Act That Only Required Senators to Sign Affirmation That They Had Not Violated Existing Insider Trading Regulations. In 2012, XXXX voted for the Paul, R-Ky., substitute amendment no. 1484 that would require senators to sign a statement each year to certify that they have not violated existing laws and regulations against insider trading. The amendment was rejected by a vote of 37-61. [S.2038, Vote #4, 2/2/12; The Hill, 2/2/12] XXXX Voted to Prohibit Executive Branch Officials From Holding Positions With Oversight Over Industries Where They or Spouse Had Significant Financial Interest. In 2012, XXXX voted for an amendment to the STOCK Act that would extend stock-trading disclosure requirements to executive branch officials in addition to lawmakers. It would prohibit executive branch appointees or staff from holding positions giving them oversight, rule-making, loan or grant-making abilities over industries or companies in which they or their spouse have a significant financial interest. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was rejected by a vote of 48-51. [S.2038, Vote #5, 2/2/12] XXXX Voted to Require Executive Branch Nominees to Meet Disclosure Requirements, Banned Appointees or Staff From Holding Positions With Oversight of Industries Where They Hold Financial Interest. In 2012, XXXX voted for an amendment to the STOCK Act that would extend reporting provisions of the substitute to many executive branch officials subject to Senate confirmation and some other senior officials in addition to lawmakers. It would prohibit executive branch appointees or staff from holding positions giving them oversight, rule-making, loan or grant-making abilities over industries or companies in which they or their spouse have a significant financial interest. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was adopted by a vote of 81-18. [S.2038, Vote #6, 2/2/12] XXXX Voted to Extend STOCK Act to Executive Branch Employees, Require Executive Employees to Make Frequent Disclosures of Stock Trades. In 2012, XXXX voted for an amendment to the STOCK Act that would extend reporting provisions of the substitute to executive branch employees in addition to lawmakers. It would prohibit executive branch appointees or staff from holding positions giving them oversight, rule-making, loan or grant-making abilities over industries or companies in which they or their spouse have a significant financial interest. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was adopted by a vote of 58-41. [S.2038, Vote #7, 2/12/12] XXXX Voted for Effort to Kill STOCK Act, Require Studies of Legislation to Determine If Bill Created Duplicative Government Programs. In 2012, XXXX voted for an amendment to the STOCK Act that would amend Senate rules to require the Congressional Research Service to conduct an analysis of legislation before it reaches the Senate floor to determine if the bill would create duplicative government programs. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment 89

was rejected by a vote of 60-39. [S.2038, Vote #10, 2/2/12; The Hill, 1/31/12] XXXX Voted to Require “Political Intelligence Consultants” Who Sell Legislative and Political Information to Register as Lobbyists. In 2012, XXXX voted for an amendment to the STOCK Act that would require a new category of "political intelligence consultants" to register in a manner similar to lobbyists. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was adopted by a vote of 60-39. [S.2038, Vote #12, 2/2/12; National Journal, 2/3/12] XXXX Voted Against Requiring Lawmakers to Put Stock Assets in Blind Trusts or Divest of Stock Holdings in Industries They Oversee Through Congressional Work. In 2012, XXXX voted for an amendment that would require lawmakers to either divest of stock and security holdings in industries they have jurisdiction over through their congressional work, or place them in blind trusts. The substitute would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The amendment was rejected by a vote of 26-73. [S.2038, Vote #13, 2/2/12; The Hill, 2/1/12] ETHICS REFORM XXXX Twice Voted Against Establishing Office Of Public Integrity. In January 2007, XXXX voted against a proposal to create an independent Office of Public Integrity to investigate alleged ethics rules violations by members of Congress. The office would also be charged with presenting its findings to the Senate Ethics Committee. The proposal was defeated 27-71. XXXX voted against a similar proposal in 2006. [Vote 18, 1/18/07; Vote 77, 3/28/06] XXXX Voted Against Requiring Grassroots Lobbying Organizations To Disclose Fundraising. In January 2007, XXXX voted for an amendment to the ethics reform bill that deleted a provision that would have subjected grass-roots lobbying groups to disclosure requirements. The provisions were opposed by interest groups as diverse as the Traditional Values Coalition and the American Civil Liberties Union. The amendment to strike the disclosure requirements passed 55-43. [Vote 17, 1/18/07; CQ Weekly, 1/19/07] XXXX Voted Along Party Lines In Favor Of Sham Ethics/Lobbying Reform. In January 2007, XXXX voted for an amendment to the ethics reform bill that permitted 501(c)(3) grassroots lobbying organizations to pay for travel for members of Congress. The amendment passed 51-46. [Vote 14, 1/17/07; CQ Today, 1/18/07] XXXX Voted In Favor Of Watered Down Ethics Bill… In March 2006, XXXX voted for an ethics reform bill that was far less sweeping than some had proposed in the wake of Jack Abramoff’s indictment. The bill forced the disclosure for the first time of indirect lobbying, such as grass-roots activities, and prevented registered lobbyists from paying for lawmakers’ meals or giving them gifts. The Senate bill would also extend from one to two years the time during which former members of Congress would be barred from lobbying their ex-colleagues. “It’s extremely weak,” said Sen. John McCain of the final package. [Vote 82, 3/29/06, Washington Post, 3/30/06]  …But First XXXX Voted Against a Comprehensive Package of Amendments to Strengthen Reform. Before voting for the weak lobbying reform bill in March 2006, XXXX voted against a stronger Democratic package that would have: criminalized the “K Street Project,” increased penalties against people who lie on their lobbying disclosure forms, barred all gifts from lobbyists and put an end to “dead of night” legislating. [Vote 35, 3/8/06; Reid Press Release, 3/7/06; AP, 3/8/06] XXXX Voted Against Limiting Gifts Not Just From Lobbyists, But Also From Their Employees. During debate on the 2006 ethics reform package, XXXX voted to kill Senator Russ Feingold’s amendment that would have expanded the definition of a lobbyist to include not only those registered to lobby for also their staffs. Feingold argued that the existing language would leave a “huge loophole” that would allow lawmakers to dine with a lobbyist while another member of the firm pays the bill. [Vote 80, 3/29/06; USA Today, 3/30/06] 90

XXXX Voted Against Lobbying Regulations for Former Homeland Security Officials. In 2003, XXXX voted against making senior Homeland Security officials who leave their post subject to the same lobbying restrictions as Senators and senior Senate staff. In sponsoring the amendment, Sen. Byrd explained, “The administration has pinned the hopes of the American public on this new department being able to protect them from another terrorist attack, and even the appearance of a conflict of interest undermines the department’s mission.” The proposal failed on a tie vote. [Vote 305, 7/24/03; Congressional Record, 7/24/03] XXXX Voted To Impeach President Clinton. In 1999, XXXX voted for First Article of Impeachment against President Clinton: States that President Clinton willfully corrupted and manipulated judicial process for his personal gain and exoneration, impeding administration of justice in that he willfully provided perjurious, false and misleading testimony to Federal Grand Jury on August 17, 1998. [Vote 17, 2/12/99] XXXX Voted Against Dismissing Impeachment Charges Against Clinton. In 1999, XXXX voted against motion to dismiss the impeachment charge against President Clinton. [Vote 4, 1/27/99] XXXX Voted Against Independent Counsel to Investigate Clinton's 1996 Fundraising. In 1997, XXXX voted to table a resolution allowing the Attorney General to appoint an independent counsel to investigate Clinton's 1996 fundraising. [Vote 33, 3/19/97] XXXX Voted to Appoint Independent Counsel to Investigate Illegal Fund-Raising Allegations. In 1997, XXXX voted for a resolution to express the sense of Congress that the attorney general should appoint an independent counsel to investigate allegations of illegal fund-raising in the 1996 presidential election campaign. [Vote 32, 3/19/97] FILIBUSTER REFORM XXXX Voted For Bipartisan Filibuster Reform. In January 2013, XXXX voted for the adoption of a resolution that would revise Senate rules to allow the Senate to hold a cloture vote the day after a cloture motion on a motion to proceed is filed, if the majority and minority leaders, and seven members from each side, sign the cloture petition. If cloture is invoked, senators would immediately vote on the motion to proceed. The resolution also would require a single motion to go to conference, with debate time on conference motions limited to two hours. The resolution was adopted by a vote of 86-9 (D 53-0; R 32-8; I 1-1). [Vote 2, 1/24/13] XXXX Voted For Bipartisan Filibuster Reform. In January 2013, XXXX voted for the adoption of a resolution that would temporarily change Senate rules for the 113th Congress to eliminate the right to filibuster a motion to proceed if the Senate majority leader permits up to four amendment votes, two from the majority and two from the minority. Debate on the motion to proceed would be limited to four hours. It would allow for a non-germane amendment post-cloture, but subject them to a 60-vote threshold. The resolution would also limit post-cloture debate on nominations to eight hours, excluding the nominations of certain senior officials, such as Cabinet members and Supreme Court justices. Debate on district court judge nominations would be limited to two hours. The motion was adopted by a vote of 78-16 (D 52-0; R 25-15; I 1-1). [Vote 1, 1/24/13] CAMPAIGN FINANCE REFORM XXXX Voted Against DISCLOSE Act. In July 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would require groups and companies to disclose independent campaign expenditures and donations to independent groups over $10,000. The motion was rejected by a vote of 53-45 (D 51-0; R 0-45; I 2-0). [Vote 180, 7/17/12] XXXX Voted TWICE Against DISCLOSE Act To Require More Transparency In Election Advertisements And Prevent Some Corporate Contributions In Elections. In July 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would require chief executives to appear during advertisements funded by their companies or unions and prohibit certain companies from 91

contributing to elections. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would require chief executives to appear during advertisements funded by their companies or unions and prohibit certain companies from contributing to elections. [Vote 220, 7/27/10; Vote 240, 9/23/10] XXXX Voted Against Cloture On Bipartisan Campaign Finance Reform. In 2002, XXXX voted against closing debate on the Bipartisan Campaign Finance Reform Act (H.R. 2356). The bill would make all contributions to national political parties subject to "hard money" contribution limits, effectively banning unlimited “soft money” contributions. The cloture motion was agreed to, 68-32. [HR 2356, 3/20/02, Vote 53] XXXX Voted Against Passage of The Bipartisan Campaign Finance Reform Act. In 2002, XXXX voted against passage of the Bipartisan Campaign Finance Reform Act (H.R. 2356). As introduced, the bill would make all contributions to national political parties subject to "hard money" contribution limits, and subject contributions to State and local parties to "hard money" limits if the money is spent on activities that affect Federal elections. The bill would also regulate issue ads by placing restrictions on ads coordinated with a candidate. The bill was passed, 60-40. [HR 2356, 3/20/02, Vote 54] XXXX Opposed Final Passage of the Campaign Finance Act To Ban “Soft Money.” In 2001, XXXX voted not to pass the Campaign Finance Act (S. 27). As amended and passed, the bill would make all contributions to national political parties subject to 'hard money' contribution limits; would subject “soft money” contributions to State and local parties to “hard money” limits if the money was spent in elections which included Federal candidates of those parties; would create greater limits on and broaden the definition of “express advocacy;” and would enact various other changes to campaign financing laws. The bill passed, 59-41. [S 27, 4/2/01, Vote 64] XXXX Voted Against The Immediate Delivery Of The Campaign Finance Bill To The House. In 2001, XXXX voted against express the sense of the Senate that the Secretary of the Senate should properly engross and deliver the Campaign Finance Bill to the House of Representatives without any intervening delay. The amendment was agreed to, 61-36. [S 1, 5/15/01, Vote 104] XXXX Voted To Raise Contribution Limits For Candidates Facing Wealthy Opponents. In 2001, XXXX voted for a proposal to help candidates compete against rich, self-financing opponents by raising individual contribution limits for candidates facing wealthy foes. Limits would be adjusted based upon each State’s voting-age population, using a 3-tier threshold test. The vote was on an amendment to the Campaign Finance Act. [S 27, 3/20/01, Vote 38; Associated Press, 3/20/01] XXXX Voted Against Allowing Unions And Corporations From Using Soft Money To Raise Hard Money. In 2001, XXXX voted to prohibit separate segregated funds and political committees from using soft money to raise hard money (meaning that union and labor political action committees would be barred from spending undisclosed amounts from undisclosed sources to raise money that is subject to individual donor limits and disclosure requirements). The amendment was rejected, 37-63. [S 27, 3/20/01, Vote 39] McConnell One of Only 25 Senators to Vote to Prohibit Lobbyist Contributions While Congress Was In Session. In 2001, McConnell voted in support of an effort to prohibit lobbyists, their employers, and their employers’ political action committees from making political contributions to campaigns while Congress is in session. The vote was on a motion to table the amendment to the Campaign Finance Act. McConnell was one of only 25 Senators to support the amendment. [S 27, 3/20/01, Vote 40] XXXX Voted To Require Low-Cost Advertising Time For Politicians. In 2001, XXXX to require television broadcast stations, cable television providers, and satellite television providers to provide the lowest advertising rate they offered to anyone in the preceding 365 days to candidates and political parties that sought to purchase advertising time. Further, they could not preempt any time sold to candidates and political parties unless they had to preempt other spots during the same program due to circumstances beyond their control. The amendment was agreed to, 69-31. [S 27, 3/21/01, Vote 41] 92

XXXX Opposed Permitting Taxpayer Funding of Federal Elections. XXXX, on March 21, 2001, voted against the Wellstone amendment to S.27, which would allow states to set up voluntary public financing systems that could be applied to federal congressional candidates who agree to limit personal and outside contributions, as well as campaign spending. [S 27, 3/21/01, Vote 42] XXXX Voted for “Paycheck Protection,” to Require Union Member Consent For Political Activities. In 2001, XXXX voted against the motion to table the Hatch amendment to require written disclosure to, and prior written consent by, corporate shareholders and union members before corporations or unions could use their treasuries' funds for political activities. The motion to table was agreed to, 69-31. [S 27, 3/21/01, Vote 43] XXXX Voted To Require Union Leaders to Notify Their Members of All Political Activity. In 2001, XXXX voted against the motion to table an amendment to the Campaign Finance Act of 2001 by Sen. Hatch that would have required union leaders to provide the employees they represent with detailed reports after each Federal election on all their direct and indirect expenditures on political activities. The measure would have required corporate leaders to provide the same reports to their employees. [S 27, 3/22/01, Vote 44] XXXX Voted to Require Labor Union Leaders to Notify Their Members of Expenditure of Funds. In 2001, XXXX voted against a motion to table an amendment requiring that labor unions annually provide notice to all employees who paid dues or made other payments to them as a condition of members or employment concerning their rights with respect to the expenditure of funds for activities unrelated to collective bargaining, contract administration, and grievance adjustment. [S 27, 3/22/01, Vote 46] XXXX Voted Against a Constitutional Amendment to Allow Congress to Regulate Campaign Finance. XXXX, on March 26, 2001, voted against S.J.Res.4, which was a joint resolution to propose a constitutional amendment to grant Congress the power to set “reasonable” limits on contributions to and expenditures by campaigns in support of or opposition to candidates seeking election to federal office. It also would grant states the power to set similar limits for contributions and expenditures involving state or local elections. [S J Res. 4, 3/26/01, Vote 47] XXXX Voted To Subject Non-Profit Advocacy Groups to Late-Campaign Advertising Restrictions. In 2001, XXXX voted for an amendment to subject non-profit advocacy groups such as the National Right to Life Committee and the Sierra Club to the same restrictions on late-campaign advertising as are imposed on corporations and unions. The vote was on an amendment to the Campaign Finance Act. [S 27, 3/26/01, Vote 48; Associated Press, 3/26/01] XXXX Voted to Increase Contribution Limits. In 2001, XXXX voted to increase contribution limits for political candidates and parties. The motion to table was agreed to, 52-47. [S 27, 3/27/01, Vote 49] XXXX Voted to Increase Campaign Contribution Limits. In 2001, XXXX voted to increase campaign contributions limits (as they were set by law in 1974) and index them for inflation thereafter, as follows: the individual limit for contributions to a candidate would be increased from $1,000 to $2,500 per election; the individual limit for contributions to a national political party would be increased from $20,000 to $40,000 per calendar year; and the individual limit for contributions to other political parties would be increased from $5,000 to $7,500 per calendar year. The motion to table failed, 46-54. [S 27, 3/28/01, Vote 53] XXXX Opposed Lowering Campaign Contribution Limits. In 2001, XXXX voted to table an amendment that would lower campaign contribution limits. The amendment XXXX opposed would also provide that if the Supreme Court found that the current-law limits on spending by political parties on behalf of Federal candidates was unconstitutional, then broadcasters would only have to offer political parties their lowest broadcast rates if they agreed to continue to follow the unconstitutional limits. The motion to table failed, 46-54. [S 27, 3/28/01, Vote 54] XXXX Voted to Increase Campaign Contribution Limits. In 2001, XXXX voted to increase campaign contributions limits and index them for inflation thereafter, as follows: the individual limit for contributions to a candidate would be increased from $1,000 to $2,000 per election, and the individual limit for contributions to a 93

national political party would be increased from $20,000 to $25,000 per calendar year. The vote was on a modified amendment to the Campaign Finance Act [S 27, 3/28/01, Vote 55] XXXX Voted to Enact Limits On Soft Money Contributions, Instead Of A Ban. In 2001, XXXX voted to enact limits on political party "soft money" contributions in place of the ban on such contributions that is in the bill. No entity could give more than $60,000 per year in the aggregate to national committees of political parties, congressional campaign committees of national parties, or entities directly or indirectly established, financed, maintained, or controlled by such committees. The motion to table was agreed to, 60-40. [S 27, 3/27/01, Vote 51] XXXX Voted Against Requiring Bargain Broadcasting For Parties That Follow Spending Limits. In 2001, XXXX voted against providing that if the Supreme Court found that the current-law limits on spending by political parties in connection with the campaigns of Federal candidates was unconstitutional, then broadcasters would only have to offer political parties their lowest broadcasting rates if they agreed to continue to follow the unconstitutional limits. The amendment would also provide that if its attempt to hold parties to unconstitutional limits were ruled unconstitutional, the rest of the bill would remain in force. The amendment was agreed to, 52-48. [S 27, 3/28/01, Vote 56] XXXX Supported Lifting Restrictions on Independent Electioneering. XXXX, on March 29, 2001, voted for the DeWine amendment to S.27, which was an amendment to strike language in the bill that would require disclosure by groups that spend more than $10,000 on television advertisements that refer to a candidate and run within 60 days of a general election or 30 days of a primary. This amendment also would prohibit corporate and union treasury money from funding such electioneering communications within the 60-day and 30-day periods. [S 27, 3/29/01, Vote 57] XXXX Voted Against Public Financing of Senate Campaigns. XXXX, on March 27, 2001, was one of 70 senators who voted against the Kerry amendment to S.27, which was an amendment to allow senate candidates who abide by voluntary spending limits to be eligible for partial public financing, in an amount equal to 200 percent of the aggregate amount of individual contributions of not more than $200 each, during the general election period. [S 27, 3/27/01, Vote 52] XXXX Voted To Make Public Financing Available When Opposing US Senate Candidates Break Voluntary Spending Limits. In 2001, XXXX voted to put voluntary spending limits on campaigns and creating strong disincentives for those who exceed voluntary spending limits. The amendment would provide partial public financing for candidates whose opponents exceeded a voluntary spending limit. Specifically, it would provide funding to candidates’ opponents equal to 200 percent of any amounts that those candidates spent in excess of the applicable spending levels. The public financing would come from a voluntary taxpayer check-off and Federal Election Commission fines. The vote was on an amendment to the Campaign Finance Act. [S 27, 3/29/01, Vote 58; Associated Press, 3/29/01; Des Moines Register, 3/20/01]  XXXX Voted Against Voluntary Spending Limits on Senate Campaigns. XXXX, on March 29, 2001, was one of 67 senators who voted against the Harkin amendment to S.27, which was an amendment to provide for a voluntary spending limit on senate campaigns. Under this proposal, if a candidate who abides by the spending limit is facing an opponent who exceeds the limit by $10,000, then the candidate would be eligible for public financing on a 2-to-1 basis. [S 27, 3/29/01, Vote 58] XXXX Voted To Make Campaign Finance Restrictions Nonseverable. In 2001, XXXX opposed efforts to table an amendment that would make nonseverable the provisions increasing "hard money" contribution limits, the provisions banning party "soft money" contributions, and the provisions restricting issue advocacy ads, meaning that if any of those provisions was ruled to be unconstitutional then they would all fall. Every other provision of the bill, though, would remain in force. The motion to table was agreed to, 57-43. [S 27, 3/29/01, Vote 59] XXXX Voted In Favor of Free Airtime For Candidates To Respond To Attack Ads. In 2001, XXXX voted to mandate that broadcasters give a candidate for federal office free airtime to respond to any attack ad that was run within 30 days of a primary election or 60 days of a general election. The vote was on a motion to table an 94

amendment to the Campaign Finance Act. [S 27, 3/29/01, Vote 60] XXXX Voted to Provide A Backup Definition For “Electioneering Communication” in Supreme Court Declared Definition in the Bill Unconstitutional. In 2001, XXXX voted for the Specter modified amendment that would provide a backup definition for the term "electioneering communication," which would be used if the Supreme Court declared that the definition already in the bill was unconstitutional. The amendment was agreed to, 82-17. [S 27, 3/29/01, Vote 61] XXXX Voted Against Redefining “Coordination” and Subjecting Coordinated Expenditures To Limits. XXXX voted against the McCain amendment to the Campaign Finance Act that would strike the bill's definition of "coordinated activity" as a type of coordinated expenditure, and in lieu thereof it would define those expenditures and disbursements that would be treated as coordinated expenditures. A coordinated expenditure would be treated as a contribution and subject to hard money limits. The amendment would also direct the Federal Election Commission (FEC) to promulgate new regulations on coordination. The amendment was agreed to, 57-34. [S 27, 3/30/01, Vote 63] XXXX Opposed Allowing States to Limit Campaign Contributions from Transportation Contractors. In May 2005, XXXX opposed an amendment that would allow states to enact laws limiting political campaign contributions by contractors for transportation contracts awarded by the state, without losing federal transportation funding. “The measure would give states the ability to enact so-called pay-to-play laws without endangering their federal highway money. Corzine said the amendment gives states the right to enforce their own anti-corruption measures without interference from the federal government.” [HR 3, 5/11/05, Vote 119; Associated Press, 5/11/05] XXXX Voted To Requiring Greater Financial Disclosures By Political Organizations. In 2000, XXXX voted for a bill to amend the Internal Revenue Code of 1986 to require section 527 organizations to disclose their political activities (H.R. 4762). The bill would amend the Internal Revenue Code of 1986 to require section 527 organizations to disclose their political activities, and would require each section 527 organization to disclose certain identifying information about itself. It would require section 527 organizations to disclose the names of contributors who give it $200 or more in a year, and to disclose the names of entities and individuals to whom it pays $500 or more in a year. The bill passed, 92-6, and became Public Law 106-230. [Vote 160, 6/29/00] XXXX Opposed An Amendment To Require Disclosure by 527 Groups. In 2000, XXXX voted against an amendment that would revoke the tax-exempt status of section 527 organizations unless they gave the Internal Revenue Service (IRS) lists of donors who gave them $200 or more in a year. Further, section 527 groups would lose their tax exempt status unless they also reported to the IRS on each expenditure they made over $500. Senator Warner raised the point of order that the amendment was unconstitutional because revenue measures must originate in the House. The point of order was not sustained, 42-57. [Vote 122, 6/8/00] XXXX Voted Against a Constitutional Amendment Allowing Limits on Political Contributions. In 2000, XXXX voted against an amendment to the Constitution allowing Congress “to set reasonable limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by” candidates for federal office. The amendment would, according to its sponsor, “constitutionalize McCain-Feingold.” Critics of the Hollings amendment argued that it would infringe upon First Amendment rights to free speech. The motion to table was agreed to, 67-33. [Vote 46, 3/28/00; Senator Hollings Floor Statement, Congressional Record, 3/27/00] XXXX Voted Against McCain-Feingold. In 1999, XXXX voted against the McCain-Feingold bipartisan campaign finance reform bill that would ban unregulated soft money. The cloture motion was rejected 53-47. [Vote 331, 10/19/99] XXXX Cast Crucial Vote; Against Campaign Finance Reform. In 1999, XXXX cast a crucial voted against campaign finance reform legislation that included a ban on soft money. The cloture motion was rejected 52- 48.[Vote 330, 10/19/99] 95

XXXX Voted Against McCain-Feingold. In 1998, XXXX voted to kill S.1663, McCain-Feingold, which was a reform plan that banned soft money, and limited campaign spending by corporations and unions, among other reforms. The motion to table failed 48-50. [Vote 15, 2/25/98] XXXX Voted Against Campaign Finance Reform. In 1998, XXXX voted against campaign finance reform, prohibiting soft money contributions to national political parties. The motion to table failed 48-51. [Vote 12, 2/24/98] XXXX Voted Against Campaign Finance Reform. In 1997, XXXX voted against the campaign finance reform bill. The motion to invoke cloture failed 53-47. [Vote 267, 10/7/97] XXXX Voted Against Requiring Informing Laborers If Dues are Used for Political Activity. In 1997, XXXX voted against requiring labor organizations, banks or corporations to authorize any membership dues, initiation fees, or other payments to fun political activities, without the members' consent. [Vote 266, 10/7/97] XXXX Voted Against Campaign Finance Reform. In 1997, XXXX voted against Campaign Finance Reform overhauling the congressional campaign finance law. The cloture motion failed 52-47. [Vote 270, 10/8/97] XXXX Voted Against Campaign Spending Limits. In 1997, XXXX voted against a joint resolution to propose a constitutional amendment to allow Congress and the states to set reasonable limits on campaign spending. The joint resolution was defeated 38-61. [Vote 31, 3/18/97] ELECTIONS XXXX Voted To Require Photo ID To Vote In Federal Elections. In March 2013, XXXX voted in favor of Vitter, R-La., amendment no. 526 that would create a deficit-neutral reserve fund to allow for legislation to require government-issued photo identification to vote in federal elections, as long as the legislation's costs are offset without raising new revenue. The amendment was rejected by a vote of 44-54 (D 1-50; R 43-2; I 0-2). [Vote 83, 3/23/13] XXXX Voted Against Giving Full Voting Representation in the House to D.C. In February 2009, XXXX voted against a passed a compromise bill that would give full voting representation in the House to the District of Columbia. The Senate bill would award a fourth congressional seat to Utah, a heavily Republican state that barely missed getting one after the last census. In the short term, the new Utah seat would probably balance the impact of a House member with full voting rights from the mostly Democratic District of Columbia. The legislation would also expand the size of the House from 435 members to 437. It would also increase the size of the Electoral College to 539 members. The bill passed 61-37, the first time in more than 30 years that the chamber has passed a D.C. voting rights measure. [CQ Today, 2/26/09; Vote 73, 2/26/09]  XXXX Voted Against Considering Bill to Give DC Full Voting Representation. In February 2009, McConnell voted against limiting debate on a motion to proceed to the bill (S 160), which would increase the size of the House to 437 members by adding a seat for the District of Columbia and one for Utah. [CQ Today, 2/24/09; Vote 65, 2/24/09] XXXX Voted Against an Objection to the Ohio Electoral Vote Irregularities. In 2005, XXXX voted against an objection to the certification of the Ohio electoral votes to protest voting irregularities in that state. [1/6/05, Vote 1] XXXX Opposed Equal Protection of Voting Rights Act. In 2002, XXXX twice voted against closing debate on the Equal Protection of Voting Rights Act (S. 565). The bill included measures to protect voting rights, including Federal standards, voter education programs, and grants to states. The cloture motion failed, 49-39. After the first attempt at cloture failed, Senator Daschle moved to reconsider the vote; the Senate subsequently agreed to that motion to reconsider by voice vote. Prior to the second vote on cloture, a pending Schumer amendment (No. 2937) was withdrawn by unanimous consent. A Bond amendment to the Schumer amendment automatically fell when the 96

Schumer amendment was withdrawn. The cloture motion was rejected, 51-44. [S 565, 3/4/02, Vote 40; S 565, 3/1/02, Vote 39] XXXX Opposed Permitting Punch-Card Voters to Verify Their Ballots Before They Are Cast. In 2002, XXXX, on February 14, 2002, voted against the Durbin amendment to S.565, which was an amendment to require voting systems purchased after enactment of this legislation to notify a voter of an over-vote, permit punch-card voters to verify their votes, and provide an opportunity to correct any errors before a ballot is cast and counted. [S 565, 2/14/02, Vote 32] XXXX Voted Against Granting Federal Civil Servants Leave to Volunteer at the Polls. In 2002, XXXX voted against require Federal civil service workers to be given on request an additional 3 paid days of leave per year to volunteer for poll worker service. The head of an agency will be permitted to deny a request for leave if the denial is "based on the exigencies of the public business." The amendment was rejected, 46-49. [S 565, 2/14/02, Vote 33] XXXX Supported Allowing States to Purge Individuals from Voter Registration Rolls. XXXX, on February 14, 2002, voted for the Burns amendment to S.565, which would allow election officials to purge official voter lists every four years, and remove voters who have not voted in two or more consecutive federal elections and have not notified the registrar that they intend to remain registered in the jurisdiction. John McCain was one of 55 senators who voted against this amendment. [S 565, 2/14/02, Vote 34] XXXX Voted Against Lifting Restrictions On Voting By Mail. In 2001, XXXX voted to table an amendment that would require States to accept mail-in votes from first- time voters who registered by mail if they mailed in any of the forms of identification agreed to in the bipartisan compromise, or if their signatures or marks on their mailed- in votes matched the signatures or marks on their mailed-in registration forms. The motion to table failed, 46-51. [S 565, 2/27/02, Vote 38] XXXX Voted to Against Requiring Written Notice To Provisional Voters Informing Them of Whether or Not Their Votes Were Counted. In 2002, XXXX voted against requiring State and local officials to mail written notices to provisional voters within 30 days of an election informing them of whether or not their votes were counted. In lieu thereof, the amendment would require State and local election officials to establish free systems (such as phone hotlines or Internet web sites) for provisional voters to use to determine whether their votes were counted. The amendment was agreed to, 56-43. [S 565, 4/11/02, Vote 63] XXXX Voted Against Lawsuits Against States With Excess Ballot Errors. In 2001, XXXX voted against an amendment requiring the Federal Government to set a "residual ballot error rate" that no State or local jurisdiction would be permitted to exceed. Any State or jurisdiction that exceeded the rate set by the Federal Government would be sued. The amendment was rejected, 48-52. [S 565, 4/11/02, Vote 64] XXXX Voted For Final Passage Of The Voting Rights Act Of 2002. In 2002, XXXX voted for final passage of the Martin Luther King, Jr., Equal Protection of Voting Rights Act of 2002 (S. 565). The bill enacted various measures to make it easier to vote and harder to cheat in Federal elections. States, by specified dates, would be required to have voting systems for Federal elections: that meet Federal standards for error rates; that allow "provisional balloting"; that have procedures, before ballots are cast, that allow voters to verify and correct any errors they made; that have at least one voting machine at every polling place that is accessible to individuals with disabilities; that provide "alternative language accessibility" for individuals with limited English proficiency; that produce records that can be audited; that include statewide, computerized, interactive voter registration lists; and that require mail-in registrants to provide some form of identification when they register or first vote. The bill passed, 99-1. [S 565, 4/11/02, Vote 65] XXXX Voted to Overhaul National Election Procedures. In October 2002, XXXX voted for a bill that would overhaul the nation's election procedures by authorizing $3.9 billion in federal funds to states over three years to improve the administration of elections and help states meet nationwide voting standards. The measure would include an authorization of $325 million in one-time payments for states to replace or upgrade punch card voting machines. Beginning in 2004, it would require states to let voters verify and, if wrong, change their votes before 97

casting a final ballot and provide for provisional voting when eligibility is in doubt. It also would require individuals to prove their identity when registering to vote. Also, first-time voters who register by mail would have to prove their identity prior to voting. [HR 3285, 10/16/02, Vote 238] XXXX Voted Against Providing $1 Billion to Help States Improve Election Technology and Administration. On October 23, 2003, XXXX voted against an amendment that would provide $1 billion to states to assist efforts to improve election technology and the administration of federal elections. The vote was on a Dodd, D-Conn., motion to waive the Budget Act with respect to the Stevens, R-Alaska, point of order against the Dodd amendment (no. 1928) to the FY 2004 Transportation-Treasury appropriations bill. The Dodd amendment would add $1 billion to the bill to provide grants for states to assist efforts to improve election technology and the administration of federal elections. The motion was agreed to 63-31, and the amendment was adopted by voice vote. [HR 2989, 10/23/03, Vote 409; Associated Press, 10/23/03] GOVERNMENT CONTRACTS XXXX Voted Against Prohibiting Defense Contracting With Companies Who Deny Women Their Day in Court for Sexual Assault Claims. In October 2009, McConnell voted against an amendment to the FY 10 Defense Appropriations that would prohibiting the Defense Department from contracting with companies that require employees to resolve sexual assault allegations and other claims through arbitration. Democratic Sen. Al Franken of Minnesota said he sponsored the measure in response to the case of former KBR/Halliburton employee Jamie Leigh Jones, who alleges she was raped by co-workers while in Iraq in 2005. She went public with her story in 2007. "Contractors are using fine print to deny women like Jamie Leigh Jones their day in court," Franken said during debate on the amendment. The amendment was adopted 68-30. [Houston Chronicle, 10/07/09; Vote 308, 10/06/09] XXXX Voted to Require Federal Agencies to Submit Annual Reports About Competition for Government Contracts. In 2003, XXXX voted for an amendment that would require the executive branch to make a detailed annual report to Congress about competition between public and private sectors for government contracts. The amendment would require federal agencies to submit an annual report to Congress detailing competition between federal government and private sector sources to perform services within those agencies. The AP reported that the vote “signaled some wariness” with White House plans to increase competition between the public and private sectors for federal contracts. The amendment would also prohibit private contractors doing government work from taking the work overseas. [HR 2989, 10/23/03, Vote 407; Associated Press, 10/23/03] XXXX Voted for Rules, Supported by Bush, to Allow Private Sector to Compete for Federal Contracts. In 2003, XXXX voted against an amendment that would have blocked the new contracting rules, supported by President Bush, to increase competition between the private and public sector for government contracts. The amendment was “sponsored by Maryland lawmakers with large numbers of federal employees among their constituents, and they offered it despite a renewed veto threat.” Sen. Mikulski, said allowing the rules to go forward would undermine the independent civil service and lead to “cronyism and political patronage.” “Prohibiting the use of the new (rules) to conduct public-private competitions is akin to mandating a monopoly regardless of the impact on services to citizens and the added cost to taxpayers,” the Bush administration said in a statement. The vote was on an amendment that would prohibit the use of any funds in the bill for implementing new Office of Management and Budget guidelines for opening up some government activities to competition between governmental and private sources. [HR 2989, 10/23/03, Vote 408; Associated Press, 10/23/03] XXXX Voted Against Blocking New Studies of Whether Private Contractors Should Take Over Federal Government Jobs. In 2003, XXXX voted against an amendment that would have blocked “new studies of whether private contractors should take over thousands of jobs […] done by federal employees at the Interior and Agriculture departments.” The amendment would prohibit the use of funds in the bill for competitive sourcing reviews. The Washington Post described the Reid amendment as “an attempt to curtail President Bush's drive to open up more government work to bidding by private contractors.” [HR 2691, 9/23/03, Vote 361; Washington Post, 9/24/03] 98

XXXX Voted to Require Annual Report on Competitive Sourcing at the Interior Department. In 2003, XXXX voted to require the Interior secretary to submit a report annually to Congress detailing its competitive sourcing activities. [HR 2691, 9/23/03, Vote 360] 99

ENERGY AND THE ENVIRONMENT HIGHLIGHTS  XXXX voted to block debate on a bipartisan proposal to address climate change through cap and trade, and repeatedly opposed any EPA effort to regulate carbon dioxide and greenhouse gases.  XXXX repeatedly voted to expand domestic drilling including votes to open the Arctic National Wildlife Reserve for drilling exploration and votes to expand offshore drilling.  XXXX voted to protect special tax breaks for the largest oil companies.  XXXX repeatedly voted to authorize construction of the Keystone XL Pipeline, but XXXX opposed a requirement to keep Keystone Pipeline oil in America. XXXX also opposed a requirement that the Keystone Pipeline be constructed with American-made parts.  XXXX voted against funding for clean water, forest management, national parks, wildfire prevention and suppression and to protect endangered species. THE XXXX RECORD FEDERAL ENERGY BILLS XXXX Voted for Passage of 2007 Energy Bill. XXXX voted for the Senate passage of the 2007 Energy Bill. The bill did not include a renewable energy standard nor did it include $13 billion in tax breaks for renewable energy that had been passed by the House. [Vote 430, 12/13/07; New York Times, 12/14/07]  XXXX Cast Deciding Vote Against Renewable Energy Tax Breaks. In December 2007, CQ reported that the last-minute votes of XXXX and New Hampshire colleague Judd Gregg blocked the passage of a bill that would have extended renewable energy tax breaks by repealing $13 billion in tax breaks from the oil and gas industry. They wrote, “Even tax credits for wood-burning stoves couldn't make New Hampshire's senators warm up to a $22 billion energy tax package. The last-minute ‘no’ votes of McConnell and Judd Gregg killed the tax provisions Thursday, as proponents fell one vote short of extending tax breaks for renewable energy sources, offset in part by stripping about $13 billion in tax breaks from the oil and gas industry.” The amendment would have also required utilities nationwide to produce 15 percent of their electricity from renewable fuel sources. [Vote 425, 12/13/06; CQ Today, 12/13/07] NOTE: SEE RENEWABLE FUELS SECTION FOR MORE INFO ON THIS VOTE XXXX Voted for Energy Bill Increased Fuel Economy Standards and Increased Ethanol Use. In 2007, XXXX voted against an energy bill that overhauled national energy policies and increased the CAFE standards to 35 mpg by 2020. The bill made petroleum price gouging a federal crime in a “national energy emergency” and subjected the OPEC to U.S. antitrust laws. It mandated the use of 36 billion gallons of ethanol by 2022, created new efficiency standards for appliances and federal buildings and promoted new energy technologies. It also required the annual use of 15 billion gallons of biofuels by 2015, encouraged carbon sequestration research, and directed the State Department to pursue strategic partnerships with major energy-consuming and energy-producing nations. [Vote 226, 6/21/07; Washington Post, 6/22/07] XXXX Voted For 2005 Energy Bill. In 2005, XXXX voted for the energy bill, which overhauled the nation’s energy policy and provided for approximately $18 billion in energy-related tax incentives. It required refiners to annually use 8 billion gallons of renewable fuels by 2012, granted liability protection for ethanol manufacturers and 100

phased out the use of the gasoline additive MTBE. It required the Transportation Secretary to consider several factors, including technological feasibility and economic practicability, when determining CAFÉ standards. It also directed the Energy secretary to lead an interagency process to implement a national climate change strategy and authorize such sums as necessary for projects using technologies that reduce greenhouse gases. [Vote 152, 6/22/05; Vote 158, 6/28/05]  XXXX Voted For Allowing Exploration of Offshore Drilling. In June 2005, XXXX voted against an amendment to strike language in the Energy bill that instructed the Department of Interior to conduct a comprehensive inventory of Outer Continental Shelf oil and natural gas resources. [Vote 143, 6/21/05; Sun- Sentinel, 6/22/05] XXXX Voted For 2004 Energy Bill. In April 2004, XXXX voted against invoking cloture on an amendment that overhauled the nation’s energy policies, authorized mandatory electricity reliability standards, and included provisions on wind, nuclear, hydrogen and solar energy. The underlying Daschle amendment would have required that gasoline sold or introduced into the United States contain renewable fuel in specific amounts, beginning with 3.1 billion gallons in 2005 and increasing each year to 5 billion gallons in 2012. [Vote 74, 4/29/04]  XXXX Voted For $18 Billion Energy Tax Break. In May 2004, XXXX voted against an amendment that would strike the provisions in the energy bill that would provide $18 billion in energy tax breaks. [Vote 89, 5/11/04] XXXX Voted For 2003 Energy Bill. On July 31, 2003, McConnell voted for a “sweeping national energy policy that would double the use of corn-based ethanol and direct $16 billion in tax credits and incentives to spur energy development and conservation.” The bill provided for production of a natural gas pipeline in Alaska and rescinded a Depression-era law that restricted merger activities of utility holding companies. The bill contained provisions that overhauled the nation’s energy policies, restructured the electricity system and provided for approximately $15 billion in energy-related tax incentives. It also directed the National Highway Traffic Safety Administration to set a new CAFE standard within 15 months to two years. Finally it encouraged the use of alternative energy and required utilities to increase their reliance on renewable fuels. [Vote 317, 7/31/03; AP, 7/31/03]  XXXX Voted Against Increasing Environmental Protections and Oversight Over Energy Projects on Native American Reservations. XXXX voted against an amendment to the Energy bill that would have increased oversight of energy projects on Indian reservations. The amendment would have struck controversial language from the comprehensive energy bill’s American Indian title, which opened millions of acres of tribal lands to oil and gas development. The amendment would have expanded the timeframe for the Interior secretary to review Indian energy projects, made the environmental review process more similar to standards under the National Environmental Policy Act while maintaining tribal supremacy, and struck a provision limiting who can petition the Interior secretary to review Indian energy projects. [Vote 219, 6/11/03; Environment and Energy Daily, 6/12/03] XXXX Voted Against Invoking Cloture on the 2003 Energy Bill. In 2003, XXXX voted to invoke cloture on the energy bill, which would have shielded producers of the contaminant MTBE from defective product lawsuits, including some lawsuits that were already in courts. [Vote 456, 11/21/03] XXXX Voted For Energy Bill That Featured Tax Breaks To Conserve And Produce Energy. In 2002, XXXX supported an energy bill that tripled the amount of ethanol to be used as an additive in gasoline and included a $14 billion in energy tax incentives for oil and gas production and for conservation. The bill also contained a ban on use of the gasoline additive MTBE, which has been found to contaminate waterways in many states, federal loan guarantees to spur private interest in building a $20 billion pipeline to carry natural gas from Alaska's North Slope into the continental United States, a requirement for utilities to produce 10 percent of their electricity by 2019 from renewable fuels such as wind, solar energy and forest and agricultural wastes, repeal of a Depression-era law that limits the operations of electricity holding companies and wider authority for federal energy regulators to regulate wholesale electricity markets and transmission lines. The vote was on final passage of the Securing America's 101

Future Energy Act bill passed, 88-11. [HR 4, Vote 94, 4/25/02; Associated Press, 4/25/02; Associated Press, 4/26/02] XXXX Voted For Final Passage Of The FY 2002 Energy And Water Development Appropriations Bill. In 2001, XXXX voted for final passage, as amended, of the Energy and Water Development Appropriations Bill for fiscal year 2002 (H.R. 2311). The bill would provide $25.450 billion in new budget authority for fiscal year 2002 to the Department of Defense's Civil Corps of Engineers, to the Department of the Interior's Bureau of Reclamation, to the relevant offices within the Department of Energy, and to related independent agencies and commissions. It also expressed the sense of the Senate that conferees should increase the amounts provided in the bill for the Yucca Mountain Program to a level closer to the amount provided in the House-passed bill. The bill passed, 97-2. [HR 2311, Vote 240, 7/19/01] ANWR AND OIL DRILLING The Arctic National Wildlife Refuge: XXXX Approved FY07 Budget That Allowed Drilling in ANWR. In March 2006, XXXX voted for the $2.8 trillion FY07 Budget Resolution which, among other things, cleared the way for oil drilling in ANWR. [Vote 74, 3/16/06; Washington Post, 3/18/06; Anchorage Daily News, 3/17/06; Los Angeles Times, 3/17/06]  XXXX Voted to Approve Drilling in ANWR. In March 2006, XXXX to establish a fund to pave the way for drilling in ANWR. The amendment would have created a reserve fund to collect receipts from lease sales in ANWR and directed $150 million a year from the fund for five years to pay for programs under the Energy Policy Act. [Vote 72, 3/16/06] XXXX Voted For Defense Appropriations Bill That Contained Authorization for Drilling in ANWR. XXXX voted to end debate on the FY 2006 Defense Appropriations bill conference report on the bill. Besides paying for the defense budget the bill also authorized drilling in ANWR. After attaching the drilling provision to the must pass Defense bill, “Republicans held a clear majority for passage of the legislation that combined ANWR with defense spending, but Democrats used the Senate rules to raise a 60-vote hurdle.” [Vote 364, 12/21/05; AP, 12/20/05]  XXXX Voted to Keep Drilling in ANWR in Defense Appropriations Bill. In December 2005, XXXX voted to keep a provision for drilling in ANWR in appropriations bill. XXXXX voted against a measure instructing the Clerk of the House to remove the drilling provision from the final Defense Appropriations Bill conference report. [Vote 365, 12/21/05] XXXX Backed Budget Package That Authorized Drilling in ANWR. In November 2005, XXXX voted for a budget reconciliation package that authorized drilling in ANWR. [Vote 303, 11/3/05; Los Angeles Times, 11/4/05; New York Times, 11/4/05]  In 2005, XXXX Voted for ANWR Drilling. In March 2005, XXXX supported oil-drilling in the Arctic National Wildlife Refuge by voting against an amendment by Senator Maria Cantwell to eliminate drilling from the 2006 budget. [AP, 3/16/05; Vote 52, 3/16/05; Nashua Telegraph, 3/18/05] XXXX Voted To Allow Drilling In Arctic National Wildlife Refuge. On March 19, 2003, XXXX voted against preventing oil drilling in ANWR. Environmentalists contended drilling there would jeopardize a pristine area valued for its wildlife. [Vote 59, 3/19/03; AP, 3/19/03] XXXX Voted to Drill in ANWR. In 2002, XXXX voted to invoke cloture on an amendment that would allow for oil and gas development in a portion of the Arctic National Wildlife Refuge if the president certifies to Congress that production in the area is in the nation's economic and security interests. It would limit the amount of surface disturbances to 2,000 acres, impose an export ban on the oil produced from the refuge with the exception of Israel, and designate an additional 1.5 million acres as wilderness in exchange for opening to drilling approximately 1.5 102

million acres of non-wilderness in the coastal plain region of the refuge. The substitute amendment would overhaul the nation's energy policies, restructure the electricity system and provide for $16.04 billion in energy-related tax incentives. It also would direct the National Highway Traffic Safety Administration (NHTSA) to set a new CAFE standard within 15 months. [S 517, Vote 71, 4/18/02] XXXX Opposed Using ANWR Revenues to Help Steelworkers. In 2002, XXXX voted to oppose a new fund using government profits from ANWR development to help former steel workers keep their health retirement benefits and to help steel companies consolidate and retool in order to be able to make the type of steel pipe needed to build a gas pipeline from Northern Alaska to the lower 48 States. The cloture motion was rejected, 36-64. [S 517, Vote 70, 4/18/02] XXXX Voted to Confirm Gale Norton As Secretary Of The Interior. In 2001, XXXX voted for the nomination of Gale A. Norton, of Colorado, to be Secretary of Interior. Norton’s nomination was strongly opposed by environmentalists for her work as a lobbyist for NL Industries working on lead paint issues, her support for drilling for oil in the Alaska National Wildlife Refuge (ANWR), and her support of changing land-use rules for national monuments, which would allow more oil and gas drilling. Sierra Club executive director Carl Pope said Norton “would be a natural disaster as Interior Secretary.” [Vote 6, 1/30/01; www.sierraclub.org; www.lcv.org] XXXX Voted Against An Amendment To Strike Assumed Revenues From ANWR Oil Exploration. In 2000, XXXX voted for against an amendment that would strike the assumed revenue of $1.2 billion for FY 2005 to be gained from leasing for oil exploration and production in the Arctic National Wildlife Refuge (ANWR). The motion to table was agreed to, 51-49. [Vote 58, 4/6/00] XXXX Voted Against Insuring Federal Royalties for Alaskan Oil. In 1999, XXXX cast a crucial vote for the Hutchison amendment to H.R.2466, which was an amendment to prevent the Minerals Management Service from implementing a proposed new oil royalty valuation system to increase royalties to fair-market value for drilling on federal lands until September 30, 2000. [Vote 290, 9/23/99] XXXX Did Not Vote on Bill To Allow Export of Crude Oil from Alaska. In 1995, XXXX did not vote on the S.395 conference report, which authorized the sale of two federal hydroelectric dams in Alaska to the state and local utilities, lifted the 22-year-old ban on the export of crude oil produced on Alaska’s North Slope, and waived some federal royalty payments for oil and gas companies involved in deep-water drilling in the Gulf of Mexico. [Vote 574, 11/14/95] XXXX Did Not Vote On Bill To Allow Drilling in ANWR. In 1995, XXXX did not vote on a motion to kill the Baucus amendment to S.1357, which was an amendment to strike provisions in the bill allowing for oil drilling in the Arctic National Wildlife Refuge. [Vote 525, 10/27/95] XXXX Did Not Vote On Bill to Allow Drilling in ANWR. In 1995, XXXX did not vote on a motion to kill the Roth amendment to S.Con.Res.13, which was an amendment to prohibit oil drilling in the Arctic National Wildlife Refuge. [Vote 190, 5/24/95] Other Oil Drilling: XXXX Voted to Implement 2008 Offshore Drilling Plan, Allow New Oil and Gas Leases on Outer Continental Shelf. In 2012, XXXX voted for an amendment that would provide for implementation of a 2008 offshore drilling plan. It would allow new oil and gas leases throughout the outer continental shelf. The amendment was rejected by a vote of 43-55. [S.1813, Vote #28, 3/8/12] XXXX Did Not Vote on Bill To Keep An Increase In Oil Company Taxes Going To Oil Spill Liability Fund From Being Counted As A Budget Offset. In June 2010, XXXX did not vote on a Vitter, R-La., amendment no. 4312 to the Baucus, D-Mont., substitute amendment no. 4301. The Vitter amendment would prevent funds generated by an increase in taxes on oil companies for the Oil Spill Liability Trust Fund from being counted as an offset for purposes of the Budget Act or the 2010 pay-as-you-go law. The substitute would extend several expired 103

tax provisions, unemployment insurance benefits, federal Medicaid assistance to states, increased payments to doctors that see Medicare patients, federal flood insurance and other programs. [Vote 188, 6/15/10] XXXX Voted To Allow Exploration of Off Shore Drilling. In June 2005, XXXX voted against an amendment to strike language in the Energy bill that instructed the Department of Interior to conduct a comprehensive inventory of Outer Continental Shelf oil and natural gas resources. [Vote 143, 6/21/05; Sun-Sentinel, 6/22/05] XXXX Voted Against Eliminating Survey of Possible Off-Shore Oil and Gas Deposits. In 2003, XXXX voted against an amendment introduced by Bob Graham that would strike a provision requiring a survey and inventory of possible off-shore oil and natural gas deposits by the Interior secretary. Environmentalists feared the inventory would bolster attempts to open protected coastal waters to oil and gas exploration, reversing long-standing moratoria on drilling. [Vote 221, 6/12/03; Green wire, 6/13/03] XXXX Voted for Amortization For Oil Or Gas Leases. In 2002, XXXX voted to provide for amortization over 2 years of delay rental payments for oil or gas leases. Such payments refer to amounts paid for the privilege of deferring development of an oil or gas well under an oil or gas lease. Such delays are often necessary due to cost considerations or due to political or other obstructions that have prevented development. The motion to table was agreed to, 73-26. [S 517, Vote 92, 4/25/02] XXXX Supported Drilling for Oil in the Gulf of Mexico. XXXX, on July 12, 2001, voted against the Nelson [FL] amendment to H.R.2217, which was an amendment to prohibit oil drilling in a 1.5 million acre region in the Gulf of Mexico near the Florida coast. Opponents of the amendment pointed out that the area in question is technically not in Florida waters. [HR 2217, Vote 231, 7/12/01] XXXX Did Not Vote On Bill to Allow Drilling in National Monuments. On a vote of 42-57, thirty-eight Republicans, including XXXX did not vote on a bill to support drilling in National Monuments. Senate Democrats, led by Senator Durbin (D-IL), offered an amendment to prohibit the use of federal funds to pay for exploration or drilling within lands designated as National Monuments. [HR 2217, Vote 229, 7/11/2001] XXXX Did Not Vote On Bill to Drill in Gulf of Mexico. In 1995, XXXX did not vote against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Wellstone amendment to S.1357, which was an amendment to eliminate the deep water royalty relief provision in the bill. This was a provision to encourage, through federal subsidies, oil drilling in the central part of the Gulf of Mexico. [Vote 553, 10/27/95] GLOBAL WARMING / CLIMATE CHANGE XXXX Voted Against Carbon Pollution Fee. In March 2013, XXXX voted against Whitehouse, D-R.I., amendment no. 646 that would establish a deficit-neutral reserve fund to allow for legislation that would provide for a fee on carbon pollution and use revenues collected to reduce the deficit. The amendment was rejected by a vote of 41-58 (D 39-13; R 0-45; I 2-0). [Vote 58, 3/22/13] XXXX Voted Against EPA Regulation Of Greenhouse Gas Emissions Under The Clean Air Act. In June 2010, XXXX voted for a Murkowski, R-Alaska, motion to proceed to consideration of a joint resolution that would provide for congressional disapproval of an EPA endangerment finding that greenhouse gases qualify as dangerous pollutants under the Clean Air Act. [Vote 184, 6/10/10] XXXX Voted to Block Climate Change Bill. In June 2008, XXXX voted against considering a sweeping climate change bill, the Lieberman-Warner Climate Security Act that would cap the production of heat-trapping gases and force polluters to buy permits to emit carbon dioxide. Although the bill enjoyed bipartisan support, Senate Majority Leader Harry M. Reid (Nev.) charged that Republicans were "refusing to address one of the most important issues of our time." He said Democrats "have tried to curb global warming, lower gas prices and invest in renewable energy, but Republicans have squandered each opportunity." [Washington Post, 6/07/08; New York Times, 6/07/08; Vote 145, 6/06/08] 104

XXXX Voted To Promote Greenhouse Gas Reductions. In 2005, XXXX voted for an amendment to the Energy Bill that would have promoted, but not required use of technology that would reduce greenhouse gases in American and around the world. [Vote 144, 6/21/05] XXXX Voted Against Two Amendments To Reduce Greenhouse Gases. In 2005, XXXX voted against an amendment that limited greenhouse gas emissions to 2000 levels by 2010. The amendment also allowed for the trading of emission allowances and reductions through a government sponsored greenhouse gas database that maintained an inventory of emissions and a registry of reductions. XXXX then voted to kill an amendment that called for mandatory, market-based emissions regulation and incentive programs. [Vote 148, 6/22/05; Vote 149, 6/22/05] XXXX Voted For Bill to Promote Technologies to Reduce Greenhouse Gases. In June 2005, XXXX voted for an amendment that promoted the export of technologies that reduced greenhouse gas intensity in the United States and in developing countries. Also, the bill provided credit-based financial assistance and investment protection for projects that utilized advanced climate technologies or systems in the United States. [Vote 144, 6/21/05; Los Angeles Times, 6/23/05]  XXXX Voted Against Amendment To Reduce Green House Emissions. In 2005, XXXX voted against an amendment to limit greenhouse emissions. McCain’s amendment would have limited greenhouse gas emissions to 2000 levels by 2010. The amendment would also have allowed the trading of emission allowances and reductions through a government sponsored greenhouse gas database that maintained an inventory of emissions and a registry of reductions. [Vote 148, 6/22/05; CBS, Market Watch, 6/22/05]  XXXX Voted Against Reducing Health Risks Caused by Climate Change. In 2005, XXXX voted against an amendment to the Energy Bill that expressed the sense of the Senate that the United States should act to reduce the health risks caused by global climate change. The amendment also urged the United States to re-engage in international Kyoto protocol negotiations. [Vote 151, 6/22/05] XXXX Voted Against Reducing Dangerous Greenhouse Gases. In October 2003, XXXX voted against an amendment that would have removed text from the 2003 Energy Bill and replaced it with provisions from the Climate Stewardship Act that would have required greenhouse gas emissions to be reduced to 2000 levels by 2010. The amendment provided a program of scientific research on climate change, established a national greenhouse gas database, and created a market-driven system of greenhouse gas tradable allowances. [Vote 420, 10/30/03] CAP AND TRADE XXXX Voted to Block Climate Change Bill. In June 2008, XXXX voted against considering a sweeping climate change bill, the Lieberman-Warner Climate Security Act that would cap the production of heat-trapping gases and force polluters to buy permits to emit carbon dioxide. Although the bill enjoyed bipartisan support, Senate Majority Leader Harry M. Reid (Nev.) charged that Republicans were "refusing to address one of the most important issues of our time." He said Democrats "have tried to curb global warming, lower gas prices and invest in renewable energy, but Republicans have squandered each opportunity." [Washington Post, 6/07/08; New York Times, 6/07/08; Vote 145, 6/06/08] EPA REGULATIONS XXXX Voted Against Allowing EPA To Inspect Farmland Via The Air Even If It Was More Cost Effective. In June 2012, XXXX voted against Boxer, D-Calif., amendment no. 2456 that would allow the EPA administrator to conduct aerial overflights to inspect agricultural operations only if it was deemed more cost-effective than ground inspections and EPA has notified state officials of such flights. The amendment was rejected by a vote of 47-48. [Vote 158, 6/21/12] 105

XXXX Voted To Ban EPA Regulation of Carbon Emissions. In March 2013, XXXX voted in favor of Inhofe, R-Okla., amendment no. 359 that would adjust the resolution to assume for a ban on the EPA regulation of carbon emissions. The amendment was rejected by a vote of 47-52 (D 3-49; R 44-1; I 0-2). [Vote 76, 3/23/13] XXXX Voted To Delay Regulations Against Mercury And Air Toxins. In March 2013, XXXX voted in favor of Coats, R-Ind., amendment no. 514 that would establish a deficit-neutral reserve fund to allow for legislation regarding executive branch decisions to issue presidential exemptions from EPA's hazardous air toxins standards, including mercury, as long as the legislation's costs are offset without raising new revenue. According to Coats, the amendment “addresses an Environmental Protection Agency (EPA) rule known as the Mercury and Air Toxins Standard or MATS rule… The EPA’s compliance deadline for its MATS rule is April 2015, with a one year extension available from state authorities. Utility plants across the country already have invested hundreds of millions of dollars to comply with this rule. However, some plants may not be able to complete upgrades in time, as the necessary technology and workforce needed to reach compliance is limited.” The amendment was rejected by a vote of 46-53 (D 4-48; R 42-3; I 0-2). [Vote 72, 3/22/13; Press Release, Sen. Dan Coats, 3/22/13] XXXX Led Effort To Nullify EPA Rule On Mercury & Air Toxins Standards. In June 2012, XXXX supported motion to proceed to the joint resolution that would nullify the EPA rule regarding the establishment of Mercury and Air Toxics Standards for certain utilities. The motion was rejected by a vote of 46-53. [Vote 139, 6/20/12] XXXX Voted to Delay Implementation of EPA Boiler Emission Standards for Five Years. In 2012, XXXX voted for an amendment that would delay the implementation of EPA emission standards for industrial and commercial boilers, known as Maximum Achievable Control Technology (MACT) standards, and grant the agency 15 months to propose new rules. It would delay the compliance date for the new rules by five years. The amendment was rejected by a vote of 52-46. [S.1813, Vote #30, 3/8/12] ENERGY INDEPENDENCE XXXX Voted Against Pressuring OPEC to Lower Oil Prices and Opening the Strategic Petroleum Reserve. In 2005, XXXX voted against an amendment to the Energy Bill that urged the President to encourage the OPEC to increase their production of oil and 1 million barrels of oil be released from the Strategic Petroleum Reserve every day for 30 days. [Vote 147, 6/22/05] XXXX Voted Against Cutting Oil Imports By 40%. In 2005, XXXX voted against a proposal to reduce America’s dependency on foreign oil by 40% over 20 years. [Vote 140, 6/16/05] XXXX Opposed Reducing America’s Dependence on Foreign Oil. Despite the fact that it would only set goals for reducing dependence on foreign oil, rather than setting hard requirements, XXXX voted against an amendment that encouraged President Bush to develop measures to reduce the nation’s dependency on foreign petroleum by 40 percent before 2025. [Vote 140, 6/16/05; Oil Daily, 6/17/05] XXXX Voted to Reduce US Dependence on Foreign Oil. In June 2003, XXXX voted for an amendment that required the president to develop and implement measures to reduce total demand for petroleum in the United States by 1 million barrels per day by 2013, with the aim of reducing dependence on foreign oil. It also required the president to submit an annual progress report to Congress. [Vote 213, 6/10/03] BIG OIL XXXX Voted Against Ending Tax Breaks For Big Oil. In March 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would roll back certain tax preferences for large oil and gas companies. The bill would use revenue generated from eliminating certain oil and gas tax incentives to pay for an extension of some renewable-energy tax credits and incentives. The motion was rejected by a vote of 51-47 (D 47- 4; R 2-43; I 2-0). [Vote 63, 3/29/12] 106

XXXX Did Not Vote To Keep An Increase In Oil Company Taxes Going To Oil Spill Liability Fund From Being Counted As A Budget Offset. In June 2010, XXXX did not vote on a Vitter, R-La., amendment no. 4312 to the Baucus, D-Mont., substitute amendment no. 4301. The Vitter amendment would prevent funds generated by an increase in taxes on oil companies for the Oil Spill Liability Trust Fund from being counted as an offset for purposes of the Budget Act or the 2010 pay-as-you-go law. The substitute would extend several expired tax provisions, unemployment insurance benefits, federal Medicaid assistance to states, increased payments to doctors that see Medicare patients, federal flood insurance and other programs. [Vote 188, 6/15/10] XXXX Did Not Vote To Keep Tax Exemptions And Deductions For Oil And Gas Companies. In June 2010, XXXX did not vote on a Sanders, I-Vt., amendment no. 4318 to the Baucus, D-Mont., substitute amendment no. 4301. The Sanders amendment would repeal tax exemptions and deductions for oil and gas companies, including the deduction for income attributable to domestic production of oil, natural gas and primary products of these fuels. It would also appropriate $2 billion annually to the Energy Efficiency and Conservation Block Grant Program for fiscal 2011 through 2015. The substitute would extend several expired tax provisions, unemployment insurance benefits, federal Medicaid assistance to states, increased payments to doctors that see Medicare patients, federal flood insurance and other programs. [Vote 187, 6/15/10] XXXX Twice Rejected Windfall Profits Tax for Big Oil in 2005. In November 2005, XXXX voted against imposing a temporary 50% tax on oil company profits from the sale of any crude oil above $40 a barrel. Revenues from the tax would be used to provide income tax rebates to consumers. The same day, McConnell voted against a separate but similar windfall tax amendment that would use the revenue to provide a $100 income tax credit for every personal exemption. [Vote 331, 11/17/05; Vote 341, 11/17/05; Houston Chronicle, 11/17/05; Las Vegas Review-Journal, 11/18/05; Environment and Energy Daily¸ 11/18/05] KEYSTONE PIPELINE XXXX Voted In Favor Of Approving The Keystone XL Pipeline. In March 2013, XXXX voted in favor of Hoeven, R-N.D., amendment no. 494 that would create a deficit-neutral reserve fund to allow for legislation that would provide for the approval and construction of the Keystone XL Pipeline as long as the legislation's costs are offset without raising revenue. The amendment was adopted by a vote of 62-37 (D 17-35; R 45-0; I 0-2). [Vote 61, 3/22/13]  Rober Voted Against Studying Keystone XL Pipeline. In March 2013, XXXX voted against Boxer, D-Calif., amendment no. 622 that would create a deficit-neutral reserve fund to allow for legislation to provide for an analysis of the impact of approving the Keystone XL Pipeline, including whether it would raise oil prices, harm domestic energy security, use material not manufactured in the United States or adversely affect individual property rights, job creation or national security. The amendment was rejected by a vote of 33-66 (D 32-20; R 0-45; I 1-1). [Vote 60, 3/22/13] XXXX Voted to Approve Construction of Keystone XL Pipeline Without Further Environmental Review. In 2012, XXXX voted for an amendment that would provide for approval of the Keystone XL pipeline between Canada and the United States. It would require that the route for the pipeline in Nebraska be submitted by the state of Nebraska. It also would provide for certain environmental protections. The amendment was rejected by a vote of 56-42. [S.1813, Vote #34, 3/8/12; Roll Call, 3/8/12] XXXX Voted to Approve Keystone Pipeline, Expand Oil and Gas Drilling in New Areas Including ANWR. In 2012, XXXX voted for an amendment that would extend energy tax credit programs, excluding the production credit and the stimulus grant program that expired in 2011. It also would approve the Keystone XL pipeline and expand oil and gas drilling in new areas, including the Arctic National Wildlife Refuge in Alaska. Provisions would be partially offset by extending the federal employee pay freeze through 2013. The amendment was rejected by a vote of 41-57. [S.1813, Vote #38, 3/13/12] XXXX Voted Against Requirement to Keep Keystone Pipeline Oil in America, Require Keystone Pipeline to Be Built With American Parts. In 2012, XXXX voted against an amendment that would prohibit the export of 107

crude oil transported by the Keystone XL pipeline and related facilities unless the prohibition is waived by the president, and require the use of U.S. iron, steel and manufactured goods in the construction of the pipeline, with certain exceptions. The amendment was rejected by a vote of 33-65. [S.1813, Vote #33, 3/8/12; Roll Call, 3/8/12] GAS PRICES XXXX Voted to Kill Amendment to Make Price Gouging a Federal Crime. On November 17, 2005 XXXXX voted to kill an amendment that would have made price gouging on energy products, services or markets a federal crime. [Vote 334, 11/17/05] XXXX Voted To Eliminate $2.4 Billion Tax Incentive for Big Oil. In November 2005, XXXX voted in favor of a Democratic attempt to eliminate a five-year, $2.4 billion tax incentive for oil and gas companies that was enacted in the 2005 energy bill. Specifically, the provision allowed oil and gas companies to write off in a single year of so- called intangible drilling costs of exploration and development. [Vote 332, 11/17/05; E&E News, 11/17/05; CQ Today, 11/17/05] XXXX Voted to Kill Amendment That Would Have Helped Reduce Gas Prices. In June 2005, XXXX voted to help kill an amendment that would have urged the President to encourage the Organization of Petroleum Exporting Countries (OPEC) to increase production. The amendment also would have called for 1 million barrels of oil to be released from the Strategic Petroleum Reserve everyday for 30 days, to help relieve rising gas prices. [Vote 147, 6/22/05] GAS TAX XXXX Voted Against A Bill To Suspend Federal Gas Taxes. In 2000, XXXX voted against motion to close debate on the Federal Fuel Tax Holiday Act of 2000 (S. 2285). The bill would suspend the 4.3-cent per gallon Federal excise tax on gasoline, diesel, kerosene, and aviation fuel, from April 16 to December 31, 2000. In the event the national average price of unleaded regular gasoline rises to $2 per gallon, the bill would further suspend all Federal excise taxes on fuels (retaining only the 0.1-percent portion devoted to the Leaking Underground Storage Tanks Trust Fund). The cloture motion was rejected, 43-56. [Vote 80, 4/11/00] XXXX Voted To Reject Gasoline Tax Increases To Eliminate The Combustion Engine. In 2000, XXXX voted for an amendment that would express the sense of the Senate that the levels in this resolution "assume that the Senate will not, on behalf of Vice President Al Gore, increase gasoline and diesel fuel taxes by $1.50 per gallon effective July 1, 2000, and by an additional $1.50 per gallon effective fiscal year 2005, as part of 'a coordinated global program to accomplish the strategic goal of completely eliminating the internal combustion engine, over, say, a twenty-five year period.' The amendment was agreed to, 99-0. [Vote 60, 4/6/00] XXXX Voted Against Cloture On A Bill To Suspend Federal Gas Taxes. In 2000, XXXX voted against a motion to close debate on the motion to proceed to the Federal Fuel Tax Holiday Act of 2000 (S. 2285). The bill would suspend the 4.3-cent per gallon Federal excise tax on gasoline, diesel, kerosene, and aviation fuel, from April 16 to December 31, 2000. The cloture motion was agreed to, 86-11. [Vote 51, 3/30/00] CAFE STANDARDS AND OIL CONSUMPTION XXXX Opposed Energy Bill that Increased Fuel Economy Standards. In 2007, XXXX voted against an energy bill that overhauled national energy policies. The bill, among other things, increased CAFE standards to 35 mpg by 2020. [Vote 226, 6/21/07; Washington Post, 6/22/07] XXXX Voted Against Boosting CAFE Standards. In 2005, XXXX voted against mandating phased increases in CAFE standards. Passenger vehicles made before 2008 would have to average 25 mpg. The standard would gradually increase to 40 mpg by model year 2016. Non-passenger vehicles made before 2008 would have to average 17 mpg. By model year 2016, the standard would rise to an average of 27.5 mpg. [Vote 157, 6/23/05] 108

 XXXX Voted For Amendment to Weaken CAFE Standards. In 2005, XXXX voted for an amendment that required the Transportation Secretary to consider several factors, including technological feasibility and economic practicability, when determining the CAFE standards. It directed the secretary to issue an environmental assessment of the effects of increased fuel efficiency standards on the environment and authorized $5 million annually from fiscal 2006 through 2010 for it. [Vote 156, 6/23/05] XXXX Voted Against Voluntary Diesel Emission Reduction Standards. In 2005, XXXX voted against an amendment to the Energy Bill that would establish a voluntary national and state-level grant and loan program to reduce diesel emissions. [HR 6, Vote 154, 6/21/05] XXXX Voted Against Increasing CAFE Standards to 40 MPG by 2014. In 2003, XXXX voted against increasing CAFE standards to 40 mpg by 2014, nearly double the required mileage at the time. The amendment also would have ended the loophole that exempted SUV’s from CAFÉ standards. It would have required passenger vehicles made before 2006 to average 25 mpg; after that, the standard would have gradually increased to 40 mpg by 2014. Non-passenger vehicles made before 2006 would have had to average 17 mpg. By 2014, they would have had to average 27.5 mpg. According to LCV the change would have saved the country 3.1 billion barrels of oil a day. [Vote 309, 7/29/03; Washington Times, 7/30/03; www.LCV.org] XXXX Voted Against Requiring Reduction in the Amount Of Oil Used By Cars. In 2002, XXXX voted against requiring the Secretary of Transportation to promulgate regulations for passenger and non-passenger automobiles manufactured after model year 2006 that were designed to reduce the amount of oil (including oil refined into gasoline) used by automobiles by at least 1 million barrels per day by 2015. The motion to table was agreed to, 57-42. [S 517, Vote 90, 4/25/02] XXXX Voted For an Increase In CAFE Standards For Pickup Trucks. In 2002, XXXX voted for allowing any increase in the corporate average fuel economy (CAFE) standard for pickup trucks above the current standard of 20.7 miles per gallon. The amendment would not affect minivans or SUVS, which technically are in the "light truck" category. [S 517, Vote 48, 3/13/02] XXXX Voted to Require an Increase in CAFÉ Standards Based on Maximum Feasible Average Fuel Economy Levels. In 2002, XXXX voted to strike the CAFE provisions and replace them with a requirement for the Secretary of Transportation to issue new regulations to increase CAFE standards based on the maximum feasible average fuel economy levels that can be achieved for automobiles and light trucks. The amendment was agreed to, 62-38. [S 517, Vote 47, 3/13/02] XXXX Voted Against an Amendment to Allow DOT to Conduct Survey on CAFE. In 1999, XXXX voted against the Gorton amendment to H.R.2084, which was an amendment to express the sense of the Senate that the Department of Transportation should be allowed to study whether to raise the corporate average fuel economy (CAFE) standard for vehicles. It also would urge the Senate not to accept House-passed language that would prohibit an increase in CAFE standards. [Vote 275, 9/15/99] ETHANOL XXXX Voted For An Energy Bill That Doubled Use Of Ethanol. In 2003, XXXX voted against a “sweeping national energy policy that doubled the use of corn-based ethanol and directed $16 billion in tax credits and incentives to spur energy development and conservation.” [Vote 317, 7/31/03; AP, 7/31/03]  XXXX Voted For Mandating Use of Ethanol or Renewable Fuels and Requiring Refineries To Use 5 Billion Gallons Annually By 2012. XXXX voted for requiring gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of MTBE and eliminated a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 209, 6/5/03; Des Moines Register, 6/6/03] 109

 XXXX Voted Against Allowing States To Decide Whether To Require Ethanol In Gasoline. In 2003, XXXX voted against an amendment that would have allowed states to decide whether ethanol should be required as an additive in gasoline. Sen. Dianne Feinstein, the amendment’s sponsor, argued that requiring that California refiners use ethanol could cause supply shortages and lead to price spikes at the pump. She argued the requirement would have benefited mainly Midwest corn farmers and ethanol producers. The Feinstein amendment would have allowed states to exempt refiners from using ethanol if it could demonstrate to the EPA that federal clean air standards could be met without the corn-based additive. [Vote 203, 6/3/03; AP, 6/3/03]  XXXX Voted Against Allowing Governors To Opt Out of Ethanol Requirements. In 2003, XXXX voted against an amendment that would have allowed governors to decide whether ethanol should be required as an additive in gasoline. The amendment, which was sponsored by Sen. Dianne Feinstein, was offered to a bill that would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012. [Vote 204, 6/3/03; AP, 6/3/03]  XXXX Voted To Allow State and Geographic Exemptions to Ethanol Requirements If Gas Prices Rose. In 2003, XXXX voted to give the President authority to exempt a state or geographic region from specific ethanol requirements for 30 days if the Energy secretary determined that the requirements had caused or would cause the average cost of gasoline to increase by at least 10 cents per gallon. [Vote 206, 6/4/03]  XXXXVoted to Exempt All But Midwestern States From Ethanol Mandate. In June 2003, XXXXvoted to exempt all states except for those in the Midwest from the energy bill’s ethanol mandate. [Vote 207, 6/5/03] XXXX Voted to Increase Liability Standards For Renewable Fuels and Ethanol. In 2003 and 2005, XXXX voted to require that a renewable fuel used for motor vehicles or a fuel containing a renewable additive be subject to liability standards equal to or greater than those used for any other fuel or fuel additive. The amendment would have required gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phased out the use of MTBE, and eliminated a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [Vote 208, 6/5/03, Vote 137, 6/14/05] XXXX to Protect Producers of Renewable Fuels, Including Ethanol, from Liability. In 2002, XXXX voted against an attempt to drop the safe harbor provision exempting renewable fuels producers, including ethanol, from liability. The amendment XXXX voted against would strike a proposal prohibiting lawsuits against producers of renewable motor fuels based on the claim that those fuels were “defective in design or manufacture by virtue of the fact” that they contained renewable fuel. Sen. Barbara Boxer (D-Calif.) said the safe harbor language made little sense in light of the bill's simultaneous call for a two-year EPA study on renewable fuels' health effects. She further charged the ethanol and petroleum industries with forging a deal earlier in 2002 over the gasoline sections of the energy bill without all interested parties. But Sens. Charles Grassley (R-Iowa) and Chuck Hagel (R-Neb.) defended the exemption, saying its language does not circumvent the Clean Air Act and the authority EPA has to determine if an aspect of it has been violated. [S 517, Vote 87, 4/25/02; Congressional Quarterly Daily Monitor, 4/24/02] XXXX Supported An Energy Bill That Included a Mandate To Triple Ethanol Production And $14 Billion In Energy Tax Incentives. In 2002, XXXX supported an energy bill that tripled the amount of ethanol to be used as an additive in gasoline and included a $14 billion in energy tax incentives for production and for conservation. The vote was on a cloture motion on the Daschle further modified substitute amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 7, 4/23/027; Associated Press, 4/23/02; Associated Press, 4/24/02]  XXXX Then Turned Around and Voted to Strip the Renewable Fuel Mandates in that Energy Bill. In 2002, right after he voted to support an ethanol-friendly energy bill, XXXX voted for an amendment that would strike the vehicle renewable fuel mandates. The measure failed by a vote of 69-30. [S 517, Vote 78, 4/23/02] 110

XXXX Voted to Make it Easier for States to Opt Out of Ethanol Requirements. In 2002, XXXX voted for an amendment that would require the Environmental Protection Agency (EPA), to approve or disapprove within 30 days of submission a State(s) petition for a waiver of the national renewable fuel use (including ethanol) requirement that would be enacted by the Daschle further modified substitute amendment; failure to act within 30 days would constitute approval. The bill failed, 61-36. [S 517, Vote 67, 4/11/02] RENEWABLE FUEL/ ALTERNATIVE ENERGY XXXX Voted To Reduce Funding For Biofuel Production By $60 Million. In March 2013, XXXX voted in favor of Toomey, R-Pa., amendment no. 115 to Mikulski, D-Md., substitute amendment no. 26. The Toomey amendment would reduce funding for a biofuel production project by $60 million and increase funding to the Defense Department's operation and maintenance account by $25 million. The substitute amendment would provide continuing appropriations through fiscal 2013 for government operations, including $1.043 trillion in discretionary funds before sequestration. It would provide $517.7 billion in base discretionary funding for the Defense Department and $71.9 billion for veterans programs and military construction as well as $20.5 billion for agriculture programs, $39.6 billion for the Department of Homeland Security, and $50.2 billion for commerce, law enforcement and science programs. It would fund all other departments and agencies at their fiscal 2012 enacted levels, with adjustments for certain programs. The amendment was rejected by a vote of 40-59 (D 1-51; R 39-6; I 0- 2). [Vote 41, 3/20/13] XXXX Voted Not To End Federal Benefits To Entities That Receive Wind Energy Loans. In June 2012, XXXX voted against Alexander, R-Tenn., amendment no. 2191 that would prohibit entities that receive wind energy loans and loan guarantees under the bill from receiving other federal benefits for the same project. The amendment was rejected by a vote of 33-66 (D 0-51; R 33-13; I 0-2). [Vote 132, 6/19/12] XXXX Voted Against Extending Energy Tax Credits Including Production Tax Credit for Wind Energy. In 2012, XXXX voted against an amendment that would extend a number of lapsed and soon-to-expire energy tax benefits, including the production tax credit for wind energy producers and a program from the 2009 economic stimulus law allowing businesses to opt for grants instead of tax credits for renewable-energy projects. The amendment was rejected by a vote of 49-49. [S.1813, Vote #39, 3/13/12; The Hill, 3/9/12] XXXX Voted Not to Eliminate Certain Energy Tax Credits and Reduce Overall Corporate Tax Rate. In 2012, XXXX voted against an amendment that would eliminate certain tax preferences for certain energy producers and repeal tax benefits for several energy-efficient technologies, including electric vehicles. The increased revenue would be applied to a reduction in the corporate income tax rate. The amendment was rejected by a vote of 26-72. [S.1813, Vote #40, 3/13/12; The Hill, 3/9/12] XXXX Voted To Revive Tax Incentives For Producing Biodiesel Fuels. In September 2010, XXXX voted for a Grassley, R-Iowa, motion to suspend Rule 22 to permit the consideration of a Grassley amendment no. 4433 that would revive, for one year, lapsed tax incentives for the production of biodiesel fuels. [CQ; Vote 234, 9/16/10] XXXX Cast Deciding Vote Against Renewable Energy Tax Breaks. In December 2007, CQ reported that the last-minute votes of XXXX blocked the passage of a bill that would have extended renewable energy tax breaks by repealing $13 billion in tax breaks from the oil and gas industry. They wrote, “Even tax credits for wood-burning stoves couldn't make New Hampshire's senators warm up to a $22 billion energy tax package. The last-minute ‘no’ votes of McConnell killed the tax provisions Thursday, as proponents fell one vote short of extending tax breaks for renewable energy sources, offset in part by stripping about $13 billion in tax breaks from the oil and gas industry.” The amendment would have also required utilities nationwide to produce 15 percent of their electricity from renewable fuel sources. [Vote 425, 12/13/07; CQ Today, 12/13/07] In 2007, XXXX Voted Against Raising Billions From Big Oil Companies to Fund Alternative Energy. XXXX voted against a bill to that collected $29 billion from big oil in order to fund alternative energy sources. 111

XXXX voted to gut the program by requiring the Secretary of Energy to declare that the bill would not raise gas prices or increase dependency on foreign oil before the provisions could be implemented. After his attempt to gut the measure failed, XXXX then voted in favor of the whole tax package. [Vote 222, 6/21/07; Vote 223, 6/21/07; Dow Jones, 6/19/07; AP, 6/19/07; Chicago Tribune, 6/21/07; The Hill, 6/22/07]  Top Committee Republican Agreed That Oil and Gas Tax Package is The Way to Go. The penalties for big oil and gas companies earned bipartisan support, Sen. Chuck Grassley, the Finance Committee’s top Republican, said, “We have entered a new era in energy markets...(that) requires a dramatic shift away from tax incentives for oil and gas production” and toward support for other energy sources and efficiency. [AP, 6/19/07] *hyperlink does not work XXXX Voted Against Extending Renewable Energy Tax Credit. In March 2006, XXXX voted against extending the renewable energy production tax credit for four years. The budget amendment XXXX opposed also would have also provided $4 billion for LIHEAP and other energy and conservation programs. [Vote 42, 3/14/06; Albuquerque Tribune, 3/15/06] XXXX Voted Against Increasing Reliance on Renewable Energy. In 2005, XXXX voted against an amendment that mandated renewable energy sources produce at least 10 percent of the electricity sold by electric utilities by 2020, and that a minimum of 2.5 percent must be produced beginning 2008 through 2011. [Vote 141, 6/16/05; Albuquerque Tribune, 6/17/05] XXXX Voted Against Wind Power. In 2005, XXXX voted against an amendment to the Energy Bill that barred federal subsidies for all wind power projects that fell within 20 miles of “high scenic areas. [Vote 150, 6/22/05] XXXX Voted Against Renewable Fuel Requirements. In 2004, XXXX voted to kill a bill that required that gasoline sold or introduced into the United States contain renewable fuel in specific amounts, beginning with 3.1 billion gallons in 2005 and increasing each year to 5 billion gallons in 2012. [Vote 73, 4/29/04] XXXX Voted for a Bill to Increase Sales of Hydrogen-Powered Vehicles, With Goal of 2.5 Million Sold Annually By 2020. In 2003, XXXX voted for a bill that would have required the Department of Energy to establish targets and timelines to support the production of 100,000 hydrogen-powered vehicles by 2010 and 2.5 million vehicles annually by 2020. It also required the department to establish targets for the sale of hydrogen at fueling stations and require the Energy secretary to submit an annual progress report to Congress [Vote 212, 6/10/03] XXXX Voted Against Mandating Use of Ethanol or Renewable Fuels; Required Refineries To Use 5 Billion Gallons Annually By 2012. In 2003, XXXX voted against requiring gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [S 14, Vote 209, 6/5/03; Des Moines Register, 6/6/03] XXXX Voted Against Increasing Liability Standards for Renewable Fuels and Ethanol; Renewables Would Have Same Standards as Any Other Fuel. XXXX voted against requiring that a renewable fuel used for motor vehicles or a fuel containing a renewable additive be subject to liability standards equal to or greater than those used for any other fuel or fuel additive. Iowa Senators Harkin and Grassley also voted against the amendment. The Frist amendment would require gasoline refineries to use 5 billion gallons of ethanol or other alternative renewable fuels annually by 2012, phase out the use of methyl tertiary butyl ether (MTBE) and eliminate a requirement that gasoline sold in regions with high levels of air pollution contain 2 percent oxygen by volume. [S 14, Vote 208, 6/5/03] XXXX Supported Alternative Fuel Motor Vehicle Tax Credit. In 2002, XXXX voted against a bill that would remove the alternative fuel motor vehicle tax incentives of the Energy Bill. Specifically, the amendment would strike the new qualified alternative fuel motor vehicle tax credit, the new hybrid motor vehicle tax credit, the new qualified fuel cell motor vehicle tax credit, and the extension of the present law tax credit for electric vehicles. The amendment failed, 91-8. [S 517, Vote 91, 4/25/02] 112

XXXX Voted to Delay The Renewable Fuel Mandate. In 2002, XXXX voted for an effort to delay the renewable fuel mandate, which would require an increasing amount of renewable fuel, including ethanol and biodiesel, to be blended into motor vehicle fuel sold in the United States. The renewable fuel mandate would result in a tripling of ethanol production to 5 billion gallons a year by 2012, a boon to farmers. The amendment XXXX voted for represented one of several efforts by senators from California and New York to have it removed, or at least phased in more slowly. Sen. Dianne Feinstein, D-Calif., accused farm-state senators of ignoring the harm that might come to California, where she said a lack of ethanol could produce gasoline shortages and price spikes. The vote was on a motion to table the Feinstein amendment to the to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 88, 4/25/02; Associated Press, 4/26/02] XXXX Voted Against Dropping the Safe Harbor Provision Exempting Producers of Renewable Fuels, Including Ethanol, from Liability. In 2002, XXXX voted against an attempt to drop the safe harbor provision exempting renewable fuels producers, including ethanol, from liability. The amendment XXXX voted against would strike a proposal prohibiting lawsuits against producers of renewable motor fuels based on the claim that those fuels were “defective in design or manufacture by virtue of the fact” that they contained renewable fuel. Sen. Barbara Boxer (D-Calif.) said the safe harbor language made little sense in light of the bill's simultaneous call for a two-year EPA study on renewable fuels' health effects. She further charged the ethanol and petroleum industries with forging a deal earlier in 2002 over the gasoline sections of the energy bill without all interested parties. But Sens. Charles Grassley (R-Iowa) and Chuck Hagel (R-Neb.) defended the exemption, saying its language does not circumvent the Clean Air Act and the authority EPA has to determine if an aspect of it has been violated. The vote was on a motion to table the Reid (for Boxer) amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 87, 4/25/02; Congressional Quarterly Daily Monitor, 4/24/02] XXXX Voted For an Environmentalist Favored Proposal To Eliminate Financial Incentives For Garbage Incinerators. In 2002, XXXX voted for eliminating financial incentives for garbage incinerators. XXXX voted for a proposal to make energy produced by new municipal solid waste incinerators ineligible for credits under the electricity renewable fuels mandate in the broad energy bill. Environmentalists complained that incinerators, which can emit dioxins, mercury and other pollutants, shouldn't be in the same renewable energy category with windmills and solar cells. The vote was on the Bingaman motion to table the Fitzgerald amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 84, 4/24/02; San Diego Union-Tribune, 4/28/02] XXXX Voted To Cut Penalties In Half For Utilities That Do Not Produce 10% Of Their Power From Renewable Sources By 2020. In 2002, XXXX voted for an effort to reduce the cost of the penalties on utilities that do not produce 10% of their power from renewable sources by 2020. The proposal would reduce the cost of the penalties from three cents/kWh to one and a half cents/kWh, under the energy bill's renewable portfolio standard. The vote was on a motion to table the Nickles amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 83, 4/24/02] XXXX Supported Renewable Fuel Mandates. In 2002, XXXX voted against striking the vehicle renewable fuel mandates from the Daschle further modified substitute amendment to the National Laboratories Partnership Improvement Act of 2001. The motion to table was agreed to, 69-30. [S 517, Vote 78, 4/23/02] XXXX Voted to Require Consideration Of State Waivers For Renewable Fuel Requirements Within 30 Days. In 2002, XXXX voted to require the Environmental Protection Agency (EPA), to approve or disapprove within 30 days of submission a State(s) petition for a waiver of the national renewable fuel use (including ethanol) requirement that would be enacted by the Daschle further modified substitute amendment; failure to act within 30 days would constitute approval. The motion to table was agreed to, 61-36. [S 517, Vote 67, 4/11/02] XXXX Voted to Suspend Federal Renewable Energy Standards For Certain States. In 2002, XXXX voted to suspend the application of the proposed Federal 10-percent renewable portfolio standard in a State if the Governor of that State notified the Secretary of Energy that its application would be harmful to consumers in the State. The amendment was rejected, 37-58. [S 517, Vote 59, 3/21/02] 113

XXXX Voted to Exempt States From Federal Renewable Energy Standards. In 2002, XXXX voted to exempt States that have adopted or that adopt their own renewable portfolio standard programs from the proposed Federal 10-percent renewable portfolio standard. The amendment was rejected, 39-57. [S 517, Vote 58, 3/21/02] XXXX Voted For Loose Requirements For Renewable Energy. In 2002, XXXX voted to require electric utilities to offer retail consumers electricity produced from renewable sources to the extent it was available. Such sources of electricity could include solar, wind, geothermal, landfill gas, biomass, hydroelectric and other renewable energy sources, as determined by the appropriate state regulatory authority. The amendment was rejected, 40-58. [S 517, Vote 55, 3/21/02] XXXX Voted Against Doubling Renewable Electric Energy Mandates To Require 20% Of Electricity To Come From Renewables By 2020. In 2002, XXXX voted against doubling the renewable electric energy generation mandates and phase them in at a more rapid rate. The amendment XXXX voted against would require that 20 percent of electricity come from non-hydro renewable sources, such as solar, wind and biomass from wood and agricultural scraps, by 2020. The amendment would also use a system under which credits would be given for renewable energy produced and under which those credits could be sold. The vote was on a Jeffords amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 50, 3/14/02; Associated Press, 3/14/02] XXXX Rejected Tax Credits for Renewable Energy Technologies. On a vote of 43-56, the Senate rejected an amendment from Senator Bingaman (D-NM) to establish tax credits for investments in renewable energy technologies. XXXX voted against these incentives even as our country must increase our energy efficiency to be less dependent on foreign oil. [HR 1836, Vote 125, 5/21/01] XXXX Voted Against Increasing Renewable Energy Funding by $70 Million. In 1999, XXXX voted to kill the Jeffords appeal of the ruling of the chair that the Jeffords motion to recommit the bill to the committee with instructions to increase funding for renewable energy programs by $70 million was out of order by virtue of a previous unanimous consent agreement. Senator Gregg voted for the Jeffords appeal, though the appeal was killed 60-39. [Vote 171, 6/16/99] XXXX Voted Against $23.6 Billion in Tax Cuts for Energy Efficient Purchases and Renewable Energy. In 1998, XXXX voted against a motion to waive the Budget Act to permit consideration of a substitute amendment. The substitute amendments provides up to $3.6 billion in tax cuts for energy efficient purchases and renewable energy and assume research programs to reduce greenhouse gas emissions; reinstates Superfund tax on polluters and uses receipts for hazardous waste cleanup, clean water initiatives, and backlog of needs at national parks. [Vote 69, 4/2/98] ENERGY UTILITIES XXXX Voted Against Closing the “Enron Loophole,” Improving Energy Transparency. In November 2003, XXXX voted against the Feinstein amendment to close what supporters “called the ‘Enron loophole’ in the Commodities Futures Modernization Act of 2000.” The AP reported that the loophole “allowed the energy trader to buy and sell energy holdings largely in secret without government regulation. It would have improved price transparency in wholesale electricity markets, prohibited manipulation in electricity markets and provided the Commodity Futures Trading Commission more tools to monitor over-the-counter energy markets. Maximum fines for violating either the Federal Power Act or the Natural Gas Act would have risen from $5,000 to $1 million.” The Feinstein amendment required the Federal Energy Regulatory Commission to establish regulations and an electronic information system to facilitate price transparency and participation in markets subject to FERC jurisdiction. It also would prohibit “round trip” trades, which generate profit without any commodity actually changing hands, and it would increase criminal and civil penalties for violations of the Federal Power Act and general penalties of the Natural Gas Act. [Vote 436, 11/5/03; Environment and Energy Daily, 11/06/03; AP, 11/05/03] 114

XXXX Voted Against Specifying That Manipulating Electric Energy Market Is Illegal. In November 2003, XXXX voted against amendment “to make clear in the Federal Power Act that manipulation is illegal in the electricity energy market.” [Vote 439, 11/5/03; Associated Press, 11/5/03] XXXX Voted For Increasing Air Conditioning Efficiency Standard. In 2002, XXXX voted for increasing the seasonal energy efficiency ratio (SEER) standard for central air conditioners and central air conditioning heat pumps form 10 to 13, and would instruct the Secretary of Energy to revise the seasonal energy efficiency ratio (SEER) standard for central air conditioners and central air conditioning heat pumps within 60 days of enactment of this Act. The amendment was agreed to, 52-47. [S 517, Vote 89, 4/25/02] XXXX Supported An Environmentalist Favored Proposal To Promote The Use Of Combined Heat And Power Facilities. In 2002, XXXX voted in support of a proposal aimed at promoting the use of combined heat and power facilities to produce electricity. These facilities were attractive to environmentalists because they used energy more efficiently than conventional power plants. The vote was on a motion to table the Carper amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 82, 4/24/02; Associated Press, 4/24/02] XXXX Opposed Calling For Studies On Hydroelectric Relicensing. In 2002, XXXX voted against calling for two studies on hydroelectric relicensing, the first of which would be on fishways and the second of which would be on streamlining the relicensing process. The motion to table was agreed to, 54-43. [S 517, Vote 81, 4/24/02] XXXX Voted Against Increasing Electric Utility Regulation. In 2002, XXXX voted against increasing the regulation of electric utilities by imposing higher standards to permit mergers and acquisitions of electric utilities. The amendment would also require increased public disclosure and transaction transparency by electric utilities. The motion to table was agreed to, 58-39. [S 517, Vote 80, 4/24/02] XXXX Voted Against Establishing A Consumer Energy Commission. In 2001,XXXX voted establishing an 11-member Consumer Energy Commission to study and report on price spikes in major United States consumer energy products since 1990, with a focus on the various causes of such spikes and on how to avert them. The amendment was agreed to, 69-30. [S 517, Vote 66, 4/11/02] XXXX to FERC Develop Electricity Reliability Standards. In 2002, XXXX voted to charge the Federal Energy Regulatory Commission (FERC) with developing and enforcing electricity reliability standards and would substitute provisions that would have independent experts, with FERC oversight, develop and implement reliability standards, which would be enforced by the FERC. The motion was agreed to, 60-40. [S 517, Vote 49, 3/14/02] LIHEAP XXXX Voted to Block Consideration of Measure Expanding Low Income Home Energy Assistance. In July 2008, XXXX voted to block consideration of a bill boosting assistance for low-income families struggling with energy costs. The measure would nearly double fiscal 2008 funding for the Low Income Home Energy Assistance Program, or LIHEAP, with an infusion of $2.5 billion. The motion to invoke cloture failed 50-35. [CQ Today, 7/26/08; Vote 187, 7/26/08] XXXX opposed Gregg Amendment On LIHEAP Funding. In December 2007, XXXX opposed an amendment by New Hampshire Republican Judd Gregg that would have provided an increase to the Low-Income Home Energy Assistance Program. Gregg’s amendment would have provided a $1 billion increase to the LIHEAP program by eliminating a new, mandatory $5.1 billion five-year agriculture disaster trust fund that was included in the 2007 Farm Bill. The Gregg amendment was rejected 37-58. [Vote 418, 12/12/07; AP, 12/11/07] XXXX Tried to Slash $9 Billion, Included LIHEAP Funding. In October 2007 XXXX voted to slash $9 billion in funding for essential priorities in the Departments of Labor, Health and Human Services and Education, such as the Low-Income Home Energy Assistance Program, No Child Left Behind funding, research for medical cures, child care assistance for working families, and Pell Grants. LIHEAP is funded through the Department of Health 115

and Human Services. [Vote 390, 10/23/07; CQ Today, 10/23/07; Los Angeles Times, 2/6/07; Education Week, 2/12/07] XXXX Voted Against LIHEAP Funding. In March 2006, XXXX voted against an amendment to the FY 2007 budget resolution that would have fully funded the Low Income Home Energy Assistance Program. The amendment would have increased the funding for LIHEAP by $3.3 billion, bringing funding to its initially authorized level. The cost would have been fully offset by closing certain corporate tax loopholes. [Vote 57, 3/16/06] XXXX Voted Against $3.1 Billion For Low Income Energy Assistance. In October 2005, XXXX voted against an amendment that would have provided $3.1 billion in additional funding for the LIHEAP. The amendment’s sponsor, Senator Jack Reed, said that families faced a stark choice, “to heat or to eat.” [Vote 250, 10/5/05; AP, 10/20/05] XXXX Voted Against $300 Million for Low-Income Heating Assistance. In September 2003, XXXX voted against an amendment to provide an additional $300 million in funding for LIHEAP. [Vote 336, 9/10/03; AP, 9/10/03] XXXX Voted for $2 Billion for the Low-Income Home Energy Assistance Program. In 2003, XXXX was one of 88 members of the Senate who voted to approve the release of $300 million in emergency reserve funds for home heating assistance that was under control of the Bush administration. The Bush administration released $200 million in funding and kept $100 million in reserve. [Nashua Telegraph, 1/25/03; Vote 10, 1/21/03] XXXX Voted Against Shifting $150 Million From The Defense Department To Low Income Home Energy Assistance. In 2001, XXXX voted against shifting $150 million from the Defense Department to the Low Income Energy Assistance Program (LIHEAP). The amendment McConnell voted against would increase LIHEAP funding by $150 million to $450 billion, by rescinding $150 million from funds available to the Defense Department for administrative expenses. The $300 billion appropriated for LIHEAP in fiscal 2001 represented a 21% increase in the $1.4-billion program that helped the poor pay heating and air conditioning costs that soared for many in California and elsewhere. The vote was on a motion to table a Wellstone amendment to the Supplemental Appropriations Act for fiscal year 2001. [S 1077, Vote 224, 7/10/01; Los Angeles Times, 7/11/01] XXXX Did Not Vote for Increased LIHEAP Funding. In 1996, XXXX did not vote for the Fiscal Year 1997 Omnibus Appropriations bill, which included funding for economic and military assistance for Israel, LIHEAP, job training programs, Ryan White AIDS programs, Head Start, NIH, CDC, and the Department of Education, including Pell Grants. [Vote 302, 9/30/96] XXXX Did Not Vote For An Amendment to Reduce LIHEAP Funding. In May 1996, XXXX did not vote for the Kyl amendment to the Fiscal Year 1997 Budget Resolution, which was an amendment to reduce funding for LIHEAP by $633 million over six years and freeze the program at $819 million thereafter. [Vote 129, 5/22/96] XXXX Did Not Vote for Increased LIHEAP Funding. In 1996, XXXX did not vote for the Wellstone amendment to S.Con.Res.57, the Fiscal Year 1997 Budget Resolution, which was an amendment to express the sense of the Senate that funding for LIHEAP in Fiscal Year 1997 should not be less than the actual expenditure in Fiscal Year 1996. This was a sense of the Senate, meaning it was a symbolic vote. [Vote 127, 5/22/96] XXXX Did Not Vote Against Using Emergency Funding for LIHEAP Funding. In 1996, XXXX did not vote against the Wellstone amendment to H.R.3019, which was an amendment to express the sense of the Senate that the president should immediately release emergency funding for funding for LIHEAP for Fiscal Year 1996 and that at least $1 billion in advance appropriations for Fiscal Year 1997 should be retained in conference on the bill for LIHEAP. This was a sense of the Senate, meaning it was a symbolic vote. [Vote 41, 3/16/96] XXXX Did Not Vote Against Restoring $319 Million to LIHEAP. In 1995, XXXX did not vote to kill the Wellstone amendment to H.R.1944, which was an amendment to restore $319 million for LIHEAP, with the $319 116

million offset by a corresponding cut in the travel and administrative accounts of the Defense Department. [Vote 319, 7/21/95] AIR XXXX Supported Rules That Removed Oil and Coal Electric Plants from Pollutant List. In September 2005, XXXX voted against a joint resolution that would have disapproved of an EPA rule weakening the Clean Air Act. The EPA rule removed coal and oil-fired electric generating units from the “major sources of hazardous air pollutants list” as defined by the Clean Air Act. [Vote 225, 9/13/05] XXXX Opposed Voluntary Diesel Emission Reduction Standards. In 2005, XXXX voted against an amendment to the Energy Bill that would establish a voluntary national and state-level grant and loan program to reduce diesel emissions. [Vote 154, 6/23/05] XXXX Voted Against Monitoring Air Toxins Following Large Fires. In 2003, XXXX voted against an amendment that authorized a program for the EPA to monitor additional air toxins following a fire that was declared a federal disaster. Monitoring would have ended when the EPA has determined the danger has subsided. [Vote 418, 10/29/03] XXXX Voted For Bill to Implement New Source Review Changes Without Delay. In 2003, XXXX voted for authorizing a National Academy of Sciences study of new rules regarding the New Source Review (NSR) section of the Clean Air Act without delaying implementation of those rules. NSR requires utilities to install better pollution controls when an expansion or modernization results in the release of increased pollution from a coal- burning plant. [Vote 11, 1/22/03; AP, 1/22/03] XXXX Voted Against A Six-Month Delay in Implementing Proposed New Source Review Rules. In 2003, XXXX voted against an amendment that would have delayed for six months EPA rules regarding the New Source Review section of the Clean Air Act that would let industrial plants upgrade their facilities without improving air pollution controls. The Edwards amendment would have postponed the rules from taking effect until at least Sept. 15 while they were studied by the National Academy of Sciences. The proposed rules change was supported by manufacturing groups, but opposed by environmental organizations. [Vote 12, 1/22/03; AP, 1/22/03] XXXX Supported Weakening Clean Air Act. In November 1999, XXXX supported an amendment that would have weakened the Clean Air Act. The amendment provided for a two year moratorium during which mountain mining will proceed under memorandum of understanding entered into by EPA, Interior Department, and Corps of Engineers; provides that during this moratorium an environmental impact statement will proceed to its conclusion and any new regulations required by environmental impact statement (if any) will be promulgated; states that enforcement of Federal water quality standards will continue under provisions of memorandum of understanding in effect prior to court decision; allows Interior Secretary to promulgate final regulations regarding hard-rock mining on public lands consistent with recent report of National Research Council of National Academy of Sciences; and exempts certain activities regarding mill sites from November 7, 1997, opinion of Solicitor of Interior Department with regard to 1872 mining law. Supporters of the amendment believed that the future of mining in West Virginia, Kentucky and throughout Appalachia hinged on this moratorium. Opponents expressed the fear that the amendment would create a loophole to the Clean Water Act that would lead to the devastation of streams as a result of strip mining. LCV opposed the amendment. [Vote 370, 11/18/99; www.lcv.org] XXXX Did Not Vote to Allow Businesses to Avoid Listing Toxic Chemicals. In 1995, XXXX did not vote to kill the Lautenberg amendment to S.343, which was an amendment to eliminate the provisions in S.343 that would make it easier for businesses to avoid listing chemicals in their toxic release inventory. This amendment would take most of the chemicals off the list, and make it difficult to add new ones to the list. This was an amendment to deny basic information on toxic pollutants to government officials, including emergency planners, and the public. [Vote 306, 7/13/95] WATER 117

XXXX Voted For Funding National Parks, Clean Water, Fire Fighting. In October 2009, XXXX voted for the conference report for the Interior-Environment Appropriations bill that would provide $32.3 billion in discretionary funds, $4.7 billion more than fiscal 2009 levels when stimulus funds are excluded. The measure would provide $10.3 billion to the EPA, a level that reflects a 35 percent increase over regular fiscal 2009 funding and includes a 67 percent increase for programs addressing global climate change. Even Senate GOP Conference Chairman Lamar Alexander supported the bill, saying “My preference, if I were the king, I wouldn’t spend this much money on this bill this year. This is a tough time. But I doubt Americans will begrudge spending on national parks, on clean water and on firefighting.” Democrats maintained the increase was justified by cuts for the bill’s programs by the George W. Bush administration and congressional Republicans. The bill also contained continuing resolution that would fund the federal government through Dec. 18. The bill passed 72-28. [CQ Today, 10/29/09; Vote 331, 10/29/09] XXXX Voted For Water Resources Development Act. In 2007, XXXX voted for the Water Resources Development Act, which provided for water resources development projects. The bill marked the first time congress reauthorized the bill since 2000. [Environment and Energy Daily, 5/17/07; Vote 170, 5/16/07] XXXX Voted Against Appropriations for the Clean Water Loan Fund. In 2003, XXXX voted against an amendment that added $3 billion to the EPA’s clean water loan fund for sewer and waste water contamination and designated the additional funding as emergency spending. The amendment provided $122.7 billion in fiscal 2004 for the Department of Veterans Affairs, Housing and Urban Development and other related agencies. [Vote 449, 11/12/03] XXXX Voted to Keep Funding for Backwater Pump Project in Mississippi. In 2003, XXXX was one of 67 senators who voted against an amendment to reduce funding for the Yazoo Backwater Pump Project, in Mississippi, and require a study to determine if the project is environmentally safe, technically sound, and economically justified. The Yazoo Backwater Pump, which will be the largest hydraulic pump plant in the world if and when it is completed, “would decrease flooding and improve the quality of life in the Delta,” according to proponents, “but many environmentalists say it will destroy protected wetlands. Sens. Trent Lott and Thad Cochran, both R-Miss., and Rep. Bennie Thompson, D-Miss., said the pump project will protect more than 1,000 homes from flooding on more than 62,000 acres.” “The Yazoo Pump project was authorized in 1941 as an extension of the Flood Control Act of 1929, which placed all flood control in the Mississippi Valley in the hands of the federal government. The act followed the Great Flood of 1927, which killed 500 people, and left 700,000 people homeless in the lower Mississippi River Delta.” “Mississippi’s Big Sunflower River is the second most endangered river in the country, according to a report by the environmental advocacy group American Rivers. The Big Sunflower joins the Yazoo River near Vicksburg and empties into the Mississippi. American Rivers said the river is endangered because of plans by the U.S. Army Corps of Engineers to dredge and pump the river.” “‘We think it is one of the biggest boondoggles ever to pass the U.S. Senate. It is a black mark on the Senate and a dark day for the environment and for the taxpayers,’” said Peter Kelley, vice president of communications for the environmental advocacy group. “‘It going to destroy 200,000 acres of wetlands. That’s about the size of Fort Worth, Texas, and its actually four times as much wetlands as they’re going to restore in the Florida everglades.’” [HJ Res 2, Vote 23, 1/23/03; Associated Press, 01/24/03] XXXX Voted to Allow Army Corps of Engineers to Use $5 Million to Construct and Devil’s Lake Outlet Regardless of Environmental and Economic Study. In 2003, XXXX voted against an effort to prohibit the use of $5 million by the Army Corps of Engineers for constructing an outlet at Devil's Lake in North Dakota unless a study determined that the project was environmentally safe, economically justified and technically sound. McCain’s amendment was aimed at scaling back earmarks in the omnibus. [HJ Res 2, Vote 22, 1/23/03] XXXX Voted For EPA Study to Determine If Hydraulic Fracturing Was Contaminating Drinking Water Wells and Depleting Ground Water. In 2002, XXXX voted to require the EPA to study whether hydraulic fracturing was contaminating drinking water wells and depleting ground water. The study would determine if hydraulic fracturing required further regulation. A dispute rose on whether underground injection used in hydraulic fracturing should be treated as underground injection of waste under the Safe Water Drinking Act (SWDA) and be regulated accordingly. [S 517, Vote 43, 3/7/02; Oil Daily, 3/7/02] 118

XXXX Voted Against Keeping A New Federal Water Conservation Program. In 2002, XXXX voted for an amendment to the Farm Bill that would strike a plan to set-aside up to 1.1 million acres of total Conservation Reserve Program (CRP) acreage for the new "Water Conservation Program." The Federal Government would require farmers who wished to enroll acreage in this new program to sell or to lease their water rights associated with that acreage to the Agriculture Department, which would use the water for species management under the Endangered Species Act (ESA), including for "sensitive" species management. The bill was killed on a 55-45 vote. [S 1731, Vote 24, 2/12/02] XXXX Voted For A Measure With Funding For Superfund And New Rules On Arsenic In Drinking Water. In 2001, XXXX voted for a bill that provided $7.903 billion for the Environmental Protection Agency (EPA), including $1.221 billion for the Superfund Program. The bill also restricted the use of funds to delay a new standard for arsenic in drinking water. The conference report was agreed to, 87-7. [HR 2620, Vote 334, 11/8/01] XXXX Voted For Distributing Clean Water State Revolving Funds. In 2001, XXXX voted for an amendment that would distribute grants for Clean Water State Revolving Funds under a formula that would give States funding based on their needs as determined by the Environmental Protection Agency (EPA) in its quadrennial survey of States' wastewater treatment needs. The bill was killed, 58-41. [HR 2620, Vote 266, 8/2/01] XXXX Voted for a New Standard for Arsenic Levels in Drinking Water. In 2001, XXXX voted for an amendment that would require the EPA to immediately adopt a new standard for arsenic in drinking water consistent with the Safe Drinking Water Act. The substitute would provide $84.1 billion for the departments of Veterans Affairs (VA) and Housing and Urban Development (HUD) and related agencies. [HR 2620, Vote 265, 8/1/01] XXXX Supported An Amendment To Cut Funding For The California-Federal Water Project. In 2001, XXXX supported an amendment to provide that $10 million would be provided to fund grant and fellowship programs to enhance training of technically skilled personnel in energy technology industries. It would offset the cost by reducing the appropriation for the California-Federal (CALFED) water project from $40 million to $30 million. The motion to table was agreed to, 56-44. [HR 2311, Vote 238, 7/18/01] XXXX Voted To Permit Flows From A Water Project On The Oregon-California Border. In 2001, XXXX voted for an amendment that would restrict funds to provide any flows from the Klamath Project until the Fish and Wildlife Service (FWS) fulfilled certain requirements. The Klamath Project is a water management project for an area on the Oregon-California border, and a FWS opinion determined that further water release for irrigation would result in the extinction of two fish species. The motion to table was agreed to, 52-48. [HR 2217, Vote 232, 7/12/01] XXXX Voted For Tax Cuts Instead of Arsenic Standards. In 2001, on a vote of 49-50, XXXX put tax cuts ahead of higher arsenic standards for water safety. XXXX was one of the deciding votes to kill an amendment to enable water systems to comply with higher arsenic standards recommended by the National Academy of Sciences and already adopted by the World Health Organization and European Union. [HR 1836, Vote 148, 5/22/01] XXXX Opposed Congressional Approval for Animas-La Plata Water Projects. In 2000, XXXX opposed an amendment that would grant Congressional approval for specific facilities of the Animas-La Plata project and would require non-tribal water users to pay recreation, fish and wildlife costs. The Campbell amendment would scale back the water project to consist of the facilities needed to divert and impound water in an off-stream reservoir. [Vote 281, 10/25/00] XXXX Voted For Energy and Water Bill; Clinton Called Bill Anti-Environmental. In 2000, XXXX voted for final passage of a bill appropriating $23.6 billion for energy and water projects. The Clinton administration called this legislation “deeply flawed” and anti-environmental, because the bill cut proposals for restoration of Florida's Everglades, the California Bay delta, and salmon populations in the Northwest. The bill also would have blocked the administration from letting the Missouri River return to a seasonal, ebb-and-flow of its water levels. Democrats 119

said endangered wildlife and upstream recreation depend on a more natural flow of the river. The Missouri congressional delegation – including Rep. Gephardt - universally opposed the Clinton position, saying it could cause floods and hurt farmers and shippers. The bill included $13.5 billion for testing and other nuclear weapons activities and $4.5 billion for Army Corps of Engineers water projects. [Vote 261, 10/2/00; Associated Press, 10/2/00] XXXX Voted For Comprehensive Everglades Restoration Plan, Bill Authorized New Flood Control And Hurricane Protection Projects. In 2000, XXXX voted to authorize the Comprehensive Everglades Restoration Plan, which would spend $7.8 billion over 38 years to increase water flow into the Everglades. It also authorized 24 new construction projects within the civil works program of the Army Corps of Engineers for flood control, navigation, hurricane protection and beach erosion control, and environmental restoration. [Vote 255, 9/25/00] XXXX Voted to Allow Coal-Mining Operations to Bury Streams With Mine Debris. In 1999, XXXX voted for the Byrd amendment to H.J.Res.82, which was an amendment to enable coal-mining operations to continue the practice of burying streams with strip mine debris in a process known as valley fill for two years, by exempting these mines from the Clean Water Act for the next two years. [Vote 370, 11/18/99] FOREST AND WILDERNESS PROTECTION XXXX Voted Against Funding Emergency Forest Restoration Fund. In December 2012, XXXX voted in favor of McCain, R-Ariz., amendment no. 3355 to the Reid, D-Nev., substitute amendment no. 3395, that would strike funding for an emergency forest restoration fund. The substitute would provide $60.4 billion in emergency spending for communities hit by Superstorm Sandy, including an additional $9.7 billion in borrowing authority for the National Flood Insurance Program, $13 billion for mitigation projects, $11.5 billion for the Federal Emergency Management Agency's Disaster Relief Fund and $10.8 billion to the Federal Transit Administration to rebuild public transit systems. The amendment was rejected by a vote of 46-49 (D 3-45; R 43-2; I 0-2). [Vote 245, 12/28/12] XXXX Voted Against Over $650 Million For Wildfire Management. In December 2012, XXXX voted against Tester, D-Mont., motion to waive all applicable budget laws with respect to the Sessions, R-Ala., point of order against the Tester amendment no. 3350 to the Reid, D-Nev., substitute amendment no. 3395. The Tester amendment would provide $653 million for wildfire management and require a Government Accountability Office study by Dec. 31, 2013, on how to better project future wildfire suppression costs. The substitute would provide $60.4 billion in emergency spending for communities hit by Superstorm Sandy, including an additional $9.7 billion in borrowing authority for the National Flood Insurance Program, $13 billion for mitigation projects, $11.5 billion for the Federal Emergency Management Agency's Disaster Relief Fund and $10.8 billion to the Federal Transit Administration to rebuild public transit systems. The motion was rejected by a vote of 51-44 (D 47-1; R 2-43; I 2- 0), [Vote 238, 12/28/12] XXXX Voted Not To Repeal The Forest Legacy Program. In June 2012, XXXX voted against Lee, R-Utah., amendment no. 2313 that would repeal the Forest Service's Forest Legacy Program. The program provides funds in support of state, regional and local efforts to preserve privately-owned forest land and prevent development. The amendment was rejected by a vote of 21-77. [Vote 147, 6/20/12] XXXX Voted For $100 Million To Address Insect And Disease Infestation In Forests. In June 2012, XXXX voted for Udall, D-Colo., amendment no. 2295 that would increase the authorization level for the designation of treatment areas to address insect or disease infestation in forests from $100 million to $200 million per year through fiscal 2017. The amendment was adopted by a vote of 77-22. [Vote 146, 6/20/12] XXXX Voted For Funding National Parks, Clean Water, Fire Fighting. In October 2009, XXXX voted for the conference report for the Interior-Environment Appropriations bill that would provide $32.3 billion in discretionary funds, $4.7 billion more than fiscal 2009 levels when stimulus funds are excluded. The measure would provide $10.3 billion to the EPA, a level that reflects a 35 percent increase over regular fiscal 2009 funding and includes a 67 percent increase for programs addressing global climate change. Even Senate GOP Conference Chairman Lamar 120

Alexander supported the bill, saying “My preference, if I were the king, I wouldn’t spend this much money on this bill this year. This is a tough time. But I doubt Americans will begrudge spending on national parks, on clean water and on firefighting.” Democrats maintained the increase was justified by cuts for the bill’s programs by the George W. Bush administration and congressional Republicans. The bill also contained continuing resolution that would fund the federal government through Dec. 18. The bill passed 72-28. [CQ Today, 10/29/09; Vote 331, 10/29/09] XXXX Voted to Allow Firearms in National Parks and Wildlife Refuges. In May 2009, XXXX voted for an amendment to a credit card bill that would ban the Interior Department from prohibiting visitors to national parks and wildlife refuges from carrying firearms if they comply with state laws. The amendment offered by Coburn was adopted on a 67-29 vote, including 27 Democrats and one independent. [CQ Today, 5/19/09; Vote 188, 5/19/09] XXXX voted for Designating More than 2 Million Acres of New Wilderness Areas. In March 2009, XXXX voted for an omnibus federal lands bill that combines hundreds of separate measures to designate more than 2 million acres of new wilderness areas and establish protections for other federal lands. “When you take all of these bills together, I believe they represent the most significant conservation legislation passed by the Senate at least in the last 15 years,” said Jeff Bingaman, D-N.M., the Senate Energy and Natural Resources Committee chairman, who worked with members of both parties to assemble the package. The bill passed 77-20. [CQ Today, 3/19/09; Vote 106, 3/19/09]  XXXX Voted Against Designating More than 2 Million Acres of New Wilderness Areas. In January 2009, XXXX voted against an omnibus public lands bill that would designate more than 2 million acres of new wilderness areas, in addition to scenic rivers, historic sites and expansions of national parks. It would authorize new water projects and allow three water settlements in Western states. It also would codify a National Landscape Conservation System that President Bill Clinton established by executive order to improve management of already protected federal land. The bill passed 73-21. [CQ Today, 1/15/09; Vote 3, 1/15/09]  XXXX Voted To Consider the Omnibus Public Lands Bill. In January 2009, XXXX voted for one procedural motions to consider the omnibus public lands bill that would designate more than 2 million acres of new wilderness areas, in addition to scenic rivers, historic sites and expansions of national parks. McConnell voted against the motion to invoke cloture, which passed 86-24 and the motion to invoke cloture on the motion to proceed to the bill, which passed 66-12. [Vote 2, 1/14/09; Vote 1, 1/11/09] *XXXX did not vote on Vote 1 procedural motion XXXX Voted Against Protecting National Forests. In 2005, XXXX voted against an amendment that would prohibit the use of funds to plan, design, study or construct new roads in the Tongass National Forest in Alaska for the purpose of harvesting timber by private entities or individuals. [HR 2361, Vote 164, 6/29/05] XXXX Voted Against Old Growth Protection. In 2003, XXXX voted against an amendment that would apply “old growth” protection to all categories of federal lands. [Vote 425, 10/30/03] XXXX Voted to Make Forest Thinning Legislation Permanent. In 2003, XXXX voted against an amendment that would strike the permanent authorization provisions within the Healthy Forests Act and replace them with a five-year authorization. [Vote 427, 10/30/03] XXXX Voted to Thin Forests. In 2003, XXXX voted to authorize $760 million for the treatment of up to 20 million acres of federal land at high risk of catastrophic wildfire. It would limit preliminary court injunctions against logging projects to 60 days, subject to the renewal once the court had reviewed them. It required the Forest Service and the Bureau of Land Management to fully maintain or contribute to the restoration of old-growth trees and maximize the retention of large trees. It also reduced the number of reviews required by the National Environmental Policy Act. [Vote 428, 10/30/03] XXXX Voted to Make Forest Thinning Legislation Permanent. In 2003, XXXX voted against an amendment that would strike the permanent authorization provisions within the Healthy Forests Act and replace them with a five-year authorization. [HR 1904, Vote 427, 10/30/03] 121

XXXX Voted Against Studying Alternatives in Environmental Assessments. In 2003, XXXX voted for an amendment that would require the Comptroller General to study the costs and benefits of the analysis of alternatives in environmental assessments and environmental impact statements. [HR 1904, Vote 426, 10/30/03] XXXX Voted to Weaken Judicial Review in Cases of Forest Thinning. In 2003, XXXX voted against an amendment that removed sections in the bill that weakened the administrative and judicial reviews process over land targeted by fuel reduction projects. [Vote 423, 10/30/03] XXXX Voted to Weaken Citizens’ Rights to Challenge Logging Sales in Tongass National Forest. In 2003, XXXX voted to “dramatically shorten the time frame for court challenges to logging sales on the 17 million-acre Tongass [National Forest].” The amendment stuck a section in the bill that provided for an expedited judicial review process for cases involving timber harvesting in the Tongass National Forest. The original measure required anyone who wanted to stop a timber sale in the country’s largest national forest to file court papers within 30 days after the U.S. Forest Service finishes its administrative appeal process. Also, federal judges would have been required to render decisions on such challenges within 180 days. Environmentalists opposed the amendment. [Vote 359, 9/23/03; AP, 9/24/03] XXXX Voted to Thin Forests in Danger of Wildfires. In 2003, XXXX voted for an amendment that would strike authorize $760 million for thinning dense forests. It would allow treatment of up to 20 million acres of federal land at high risk of catastrophic wildfire. It would limit preliminary court injunctions against logging projects to 60 days, subject to the renewal once the court has reviewed them. It would require the Forest Service and the Bureau of Land Management to fully maintain or contribute to the restoration of old-growth trees and maximize the retention of large trees. [HR 1904, Vote 416, 10/29/03] XXXX Voted to Allow Reconstruction of Road Through Federal Wildlife Area. In 1998, XXXX voted for S.1092, which was a bill to require the Interior Department to transfer a perpetual 100-foot-wide, 30-mile right-of- way through the Izembek National Wildlife Refuge in Alaska to the Aleutians East Borough for the purpose of constructing a gravel, one-lane public road from the remote Alaska town of King Cove to Cold Bay, which has an all-weather airport. [Vote 294, 10/1/98] XXXX Voted Against Allowing States to Claim Rights-Of-Way on Federal Lands. In 1997, XXXX cast a crucial vote to kill the Bumpers amendment to S.672, which was an amendment to strike the section of S.672 to allow states to claim rights-of-way on federal lands. This was an amendment to allow states to convert traditional footpaths and trails into paved roads, thereby making the federal government powerless to stop the conversion of footpaths, four-wheel-drive tracks, and other primitive roads on federal lands into paved highways. [Vote 59, 5/7/97] WILDFIRES XXXX Voted for Funding National Parks, Clean Water, Fire Fighting. In October 2009, XXXX voted for the conference report for the Interior-Environment Appropriations bill that would provide $32.3 billion in discretionary funds, $4.7 billion more than fiscal 2009 levels when stimulus funds are excluded. The measure would provide $10.3 billion to the EPA, a level that reflects a 35 percent increase over regular fiscal 2009 funding and includes a 67 percent increase for programs addressing global climate change. Even Senate GOP Conference Chairman Lamar Alexander supported the bill, saying “My preference, if I were the king, I wouldn’t spend this much money on this bill this year. This is a tough time. But I doubt Americans will begrudge spending on national parks, on clean water and on firefighting.” Democrats maintained the increase was justified by cuts for the bill’s programs by the George W. Bush administration and congressional Republicans. The bill also contained continuing resolution that would fund the federal government through Dec. 18. The bill passed 72-28. [CQ Today, 10/29/09; Vote 331, 10/29/09] XXXX Voted Against Funding for Fire Reduction. In 2003, XXXX voted against increasing the percentage of funds used to reduce fire danger close to at-risk communities from 50 percent to 70 percent. [Vote 424, 10/30/03] 122

XXXX Voted Against Monitoring Air Toxins Following Large Fires. In 2003, XXXX voted against an amendment that would authorize a program for the EPA to monitor additional air toxins following a fire that is declared a federal disaster. Monitoring would end when the EPA has determined the danger has subsided. [HR 1904, Vote 418, 10/29/03] XXXX Voted to Thin Forests in Danger of Wildfires. In 2003, XXXX voted for an amendment that would strike authorize $760 million for thinning dense forests. It would allow treatment of up to 20 million acres of federal land at high risk of catastrophic wildfire. It would limit preliminary court injunctions against logging projects to 60 days, subject to the renewal once the court has reviewed them. It would require the Forest Service and the Bureau of Land Management to fully maintain or contribute to the restoration of old-growth trees and maximize the retention of large trees. [HR 1904, Vote 416, 10/29/03] XXXX Voted Against $825 Million in Wildfire Suppression. In September 2002, XXXX voted against invoking cloture on an amendment that would provide $825 million to replace funds that previously were taken out for emergency wildfire suppression expenses. As amended, it also would provide nearly $6 billion in disaster aid for farmers. The substitute would appropriate $19.3 billion in fiscal 2003 for the Interior Department and related agencies and programs. [HR 5093, Vote 224, 9/25/02] XXXX Voted Against $825 Million in Wildfire Suppression. In September 2002, XXXX voted against invoking cloture on an amendment that would provide $825 million to replace funds that previously were taken out for emergency wildfire suppression expenses. As amended, it also would provide nearly $6 billion in disaster aid for farmers. The substitute would appropriate $19.3 billion in fiscal 2003 for the Interior Department and related agencies and programs. [HR 5093, Vote 221, 9/23/02] XXXX Voted Against $825 Million in Wildfire Suppression. In 2002, XXXX voted against invoking cloture on an amendment that would provide $825 million to replace funds that previously were taken out for emergency wildfire suppression expenses. As amended, it also would provide nearly $6 billion in disaster aid for farmers. The substitute would appropriate $19.3 billion in fiscal 2003 for the Interior Department and related agencies and programs. [HR 5093, Vote 217, 9/17/02] NUCLEAR POWER, WASTE & YUCCA MOUNTAIN XXXX Voted Against Cleaning Up Radioactive Waste Sites. In 2004, XXXX voted against requiring the Department of Energy to clean up millions of gallons of highly radioactive waste in corroding tanks. One of the main sites of where these tanks are stored is the Savannah River site, a major source of drinking water for South Carolina and Georgia. [Vote 107, 6/3/04] XXXX Supported $31.2 Billion for Energy and Water Projects; Including Yucca Mountain. In July 2005, XXXX voted for $31.2 billion in energy and water development projects, including $577 million for the Yucca Mountain nuclear waste repository. [Vote 172, 7/1/05] XXXX Opposed Amendment To Block Funding For Developing Innovative Power Plant Technology. In 2005, XXXX opposed an amendment that aimed to strike a provision that would have provided incentives in the form of loan guarantees for the development of innovative power plant technology such as those used in nuclear plants.[Vote 155, 6/29/05] XXXX Opposed Amendment to Strike Loan Guarantees for Nuclear Power Plants. XXXX opposed amendment introduced by Sen. Ron Wyden that would strike from the 2003 energy bill a provision authorizing loan guarantees covering half the construction costs of about seven new nuclear power plants and allowing the Energy Department to buy electricity from those plants. [Vote 214, 6/10/03] XXXX Voted For A $27 Billion Energy and Water Bill, Which Included Funding for Research on Low-Yield Nuclear Weapons. In 2003, XXXX voted against an effort to cut $68.6 million for nuclear weapons research from the energy and water development bill. The vote put the Senate at odds with the House, which cut most of the 123

money for the nuclear weapons programs in its version of the energy bill. The energy bill would provide $15 million for the penetrator research and $6 million to begin research on low-yield nuclear weapons. The so-called “mininukes” would have an explosive effect smaller than five kilotons, about a third the size of the bomb dropped on Hiroshima. Advocates of the low-yield weapons said they could limit the number of civilian deaths if nuclear weapons were used. Opponents said they would blur the distinction between nuclear and conventional weapons and increase the likelihood that nuclear weapons might be used. [Vote 349, 9/16/03 AP, 9/16/03] XXXX Voted to Send Nuclear Waste To Yucca Mountain. In 2002, XXXX voted to send nuclear waste for storage at Yucca Mountain in the Nevada desert. Opponents of the plan, including environmentalists, focused on the risks associated with transportation of nuclear waste, accusing the Energy Department of failing to ensure the safety of some 175 to 2,200 waste shipments a year. “Looking for another site…is not realistic,” Sen. Jeff Bingaman, D-N.M., argued, noting that the storage plan had been studied for 24 years at a cost of $4.5 billion. The vote was on a motion to proceed to the resolution authorizing the Yucca site. [S J Res 34, Vote 167, 7/9/02; Associated Press, 7/9/02] XXXX Voted For Government Liability Coverage For Accidents At Nuclear Power Plants. In 2002, XXXX voted to continue requiring the government to assume liability for any major nuclear accident. The amendment XXXX voted for would extend a 1957 law that caps accident liability for the industry and private insurers at $9.3 billion. The provision also extended protection to the next generation of modular reactors that might be built. The vote was on the Voinovich amendment to the National Laboratories Partnership Improvement Act of 2001. [S 517, Vote 42, 3/7/02; Associated Press, 3/7/02] XXXX Voted For Final Passage Of The FY 2002 Energy And Water Development Appropriations Bill. In 2001, XXXX voted for a bill that would provide $25.450 billion in new budget authority for fiscal year 2002 to the Department of Defense's Civil Corps of Engineers, to the Department of the Interior's Bureau of Reclamation, to the relevant offices within the Department of Energy, and to related independent agencies and commissions. It also expressed the sense of the Senate that conferees should increase the amounts provided in the bill for the Yucca Mountain Program to a level closer to the amount provided in the House-passed bill. The bill passed, 97-2. [HR 2311, Vote 240, 7/19/01] XXXX Voted to Use Yucca Mountain as Nuclear Waste Storage Site. In 1998, XXXX Voted to establish Yucca Mountain as a temporary nuclear waste storage site. [Vote 148, 6/2/98] XXXX Voted to Develop Waste Repository at Yucca Mountain. In 1997, XXXX voted for a bill which would establish an interim high-level nuclear waste repository at Yucca Mountain. The bill gave the president until March 1, 1999, to halt construction of the temporary waste site if it is deemed unsuitable as a permanent repository. The president would then have 18 months to choose an alternate site, which Congress would have two years to approve. If an alternate is not agreed upon, construction would automatically begin at the Nevada site. [Vote 42, 4/15/97] XXXX Voted Against a Ban Transportation of Radioactive Waste Without States Consent. In 1997, XXXX voted to kill the Reid amendment to S.104, which was an amendment to ban the transportation of radioactive waste through a state without prior written consent from the state’s governor. [Vote 36, 4/10/97] SUPERFUND SITES & POLLUTER CLEAN UP XXXX Voted Against Cleaning Up Radioactive Waste Sites. In 2004, XXXX voted against requiring the Department of Energy to clean up millions of gallons of highly radioactive waste in corroding tanks. One of the main sites of where these tanks are stored is the Savannah River site, which is also a major source of drinking water for South Carolina and Georgia. [S 2400, Vote 107, 6/3/04] XXXX Voted For $2 Billion for Tax-Exempt Environmentally Friendly Construction Projects. In 2004, XXXX voted for an amendment to authorize $2 billion for “tax-exempt bonds for environmentally friendly construction projects.” [Vote 84, 5/5/04; National Journal’s Congress Daily, 05/06/04] 124

XXXX Opposed $8.3 Billion to Clean Superfund Sites. In 2004, XXXX voted against increasing Superfund spending by $8.3 billion over five years and reinstating the Superfund tax on major polluting industries to provide funding for Superfund cleanups. [Vote 45, 3/11/04] XXXX Voted Against Hazardous Fuel Reduction. In October 2003, XXXX voted against an amendment that required the treatment of slash and other long term fuels management for hazardous fuels reduction projects. [Vote 422, 10/30/03] XXXX Voted Against Reinstating Superfund Taxes To Charge Polluters For Environmental Cleanups. In 2004, XXXX voted against reinstating a tax on polluters to help pay for cleaning up the Superfund toxic waste sites. The bill in question would have increased revenue by $1.1 billion in fiscal 2004 and by $15.6 billion over 10 years. The Superfund tax expired in 1995, and by 2003, the special trust fund created from the taxes on chemical and petroleum companies had dwindled from a high of $3.6 billion to a projected $28 million. Sen. Lautenberg, the amendment’s sponsor said Republicans’ rejection of the “polluter pays tax” sends a clear message that the GOP “stand with the corporate polluters and not with American families.” [Vote 97, 3/25/03; Associated Press, 3/25/03] XXXX Voted Against $100 Million For Brownfield Cleanup. In 2003, XXXX voted against an amendment to increase federal funding for the Superfund by $100 million, with the funds set aside for the cleanup of brownfields, which are abandoned and contaminated urban industrial sites. [Vote 27, 1/23/03] XXXX Voted Against A Six-Month Delay in Implementing Proposed New Source Review Rules. In 2003, XXXX voted against delaying for six months Environmental Protection Agency rules regarding the New Source Review (NSR) section of the Clean Air Act that would let industrial plants upgrade their facilities without improving air pollution controls. The Edwards amendment would have postponed the rules from taking effect until at least Sept. 15 while they were studied by the National Academy of Sciences. Edwards argued that the proposed rules would result in increased air pollution and health problems. Republicans who said the new regulations would help manufacturing companies become more efficient and reduce U.S. use of foreign oil. They also said the current rules prevented companies from making some technological changes that would cut pollution. The proposed rules were supported by manufacturing groups, but opposed by environmental organizations. [HJ Res. 2, Vote 12, 1/22/03; Associated Press, 1/22/03] XXXX Voted For Study of Proposed New Source Review Rules. In 2003, XXXX voted for authorizing a National Academy of Sciences study of new rules regarding the New Source Review (NSR) section of the Clean Air Act without delaying implementation of those rules. NSR requires utilities to install better pollution controls when an expansion or modernization results in the release of increased pollution from a coal-burning plant. The proposed rules would result in increased air pollution and health problems. Republicans said the new regulations would help manufacturing companies become more efficient and reduce U.S. use of foreign oil. They also said the current rules prevented companies from making some technological changes that would cut pollution. The proposed rules were supported by manufacturing groups, but opposed by environmental organizations. [HJ Res. 2, Vote 11, 1/22/03; Associated Press, 1/22/03] XXXX Voted to Prevent Americans From Having To Clean Up After Polluters. In 2002, XXXX voted for an amendment that would force polluters to pay for the clean-up of the messes they make by reinstating the original Superfund taxes. According to the New York Times, “The trust fund's main source of money had been a series of special taxes imposed on chemical and oil companies and other businesses. But those taxes, which brought in about $1 billion a year, expired in 1995….In 1994, taxpayers paid $250 million for Superfund cleanups, or about 21 percent of the $1.2 billion fund, and corporate taxes provided $950 million, or about 79 percent.” [HR 3009, Vote 97, 4/29/02; New York Times, Hernandez, 4/15/02] XXXX Voted For A Measure With Funding For Superfund And New Rules On Arsenic In Drinking Water. In 2001, XXXX voted for a bill that provided $7.903 billion for the Environmental Protection Agency (EPA), including $1.221 billion for the Superfund Program. The bill also restricted the use of funds to delay a new standard for arsenic in drinking water. The conference report was agreed to, 87-7. [HR 2620, Vote 334, 11/8/01] 125

XXXX Voted Against Creating Fund for Environment and Natural Resources. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Lautenberg amendment to S.Con.Res.86, which was an amendment to establish a deficit-neutral reserve fund composed of all Superfund taxes to provide funding for the environment and natural resources. This would ensure that the revenue from Superfund taxes would go only to the Superfund and other environmental programs. [Vote 65, 4/12/98] PESTICIDES XXXX Voted to Allow Testing Pesticides on People. McConnell voted against prohibiting the EPA from using or conducting studies that expose people to pesticides, when considering permits for new pesticides. [Vote 162, 6/29/05; Associated Press, 6/29/05]  If XXXX Had His Way, Even Newborns of “Uncertain Viability” Could Be Tested. The Bush administration lifted a moratorium imposed in 1998 by the Clinton administration on using human testing for pesticide approvals. New EPA rules under development envision permitting the agency to accept data from human tests on children, pregnant women, newborns, infants and fetuses. Even newborns of “uncertain viability” could be tested under the draft EPA rule. The proposal McConnell voted against would block the EPA from using data taken from human testing for the budget year starting Oct. 1. It would also bar the agency from conducting such testing. [AP, 6/29/05] XXXX Voted to Allow Pesticide Testing on Humans, After a Study. In 2005, XXXX voted for an amendment that would direct the EPA administrator to conduct a review of all third-party intentional human dosing studies. It also would direct the administrator to issue a final rule within 180 days of enactment that addresses the application of ethical standards to third-party studies involving intentional human dosing to identify or quantify toxic effects. [Vote 161, 6/29/05] XXXX Voted to Allow Pesticides With Carcinogens In National Parks. In 2000, XXXX voted not to prohibit Interior Appropriations funding to apply certain pesticides (including pesticides approved by the Environmental Protection Agency (EPA)) in areas of national parks that might be used by children. Prohibited pesticides would be those that contained known or probable carcinogens or nerve toxins, or were pesticides of the organophosphate, carbamate, or organochlorine classes. Later, however, on a 99-0 vote, the Senate approved an alternate proposal by Sen. Bond that would have prevented the use of funds to apply pesticides not approved by the Environmental Protection Agency in national parks. [Vote 210, 7/18/00] ANIMALS XXXX Voted Against Protecting Endangered Species. In 2003, XXXX voted against an amendment that would bar the Interior secretary from designating as critical habitat Defense Department-owned lands subject to a Pentagon management plan, but only if the Interior secretary certifies that the management plan would effectively conserve endangered species and would receive adequate funding. [Vote 190, 5/21/03] MINING XXXX Voted Against Expanding COBRA By Raising Taxes On Mining Companies. In 2000, XXXX voted against an amendment that would increase Federal taxes on hardrock mining companies that operate on Federal lands by eliminating the percentage depletion allowance. The amendment would then expand Consolidated Omnibus Reconciliation Act (COBRA) coverage to include retirees whose employer-sponsored health care coverage was terminated and to provide a 25-percent tax credit for COBRA coverage (COBRA coverage allows people to continue paying for employment-based health insurance for 18 months after leaving employment). The motion was rejected, 30-68. [Vote 202, 7/17/00] XXXX Voted to Allow Coal-Mining Operations to Bury Streams With Mine Debris. In 1999, XXXX voted for Byrd amendment to H.J.Res.82, which was an amendment to enable coal-mining operations to continue the 126

practice of burying streams with strip mine debris in a process known as valley fill for two years, by exempting these mines from the Clean Water Act for the next two years. [Vote 370, 11/18/99] XXXX Voted Against Limiting Mining Waste. In 1999, XXXX voted to kill the Murray amendment to H.R.2466, which was an amendment to remove bill language prohibiting implementation of a 1997 Interior Department ruling limiting mining waste disposal to a single, five-acre site for each mining operation. [Vote 223, 7/27/99] XXXX Voted to Prohibit the Interior Secretary from Revising Environmental Regulations Concerning Hardrock Mining on Public Land. In 1998, XXXX voted for a motion to table an amendment which strikes provisions that require National Academy of Sciences to prepare 24 month study on need to revise existing regulations regarding hardrock mining on Federal lands, and prohibit Interior Secretary from revising environmental regulations concerning hardrock mining on public lands until 90 days after study is completed. [Vote 268, 9/15/98] XXXX Voted Against Repealing Tax Break for Hard-Rock Mining Companies. In 1998, XXXX voted to kill the Bumpers amendment to S.Con.Res.86, which was an amendment to repeal the tax break for hard-rock mining companies and use the proceeds for grants under the Individuals with Disabilities Education Act. [Vote 67, 4/2/98] XXXX Voted Against Limiting Percentage of Depletion Allowances for Mining Toxic Substances. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Feingold amendment to S.949, which was an amendment to end the depletion allowance for mining operations involving uranium, asbestos, lead, and mercury. [Vote 158, 6/27/97] XXXX Did Not Vote on Bill Repealing Depletion Allowances for Hardrock Mining. In 1997, XXXX did not vote on bill repealing depletion allowance available to hardrock mining companies operating on public and former public lands. [Vote 131, 6/26/97] PUBLIC LANDS XXXX Voted Against Providing Recreational Access To Certain Public Lands For Hunters. In November 2012, XXXX voted against a Tester, D-Mont., motion to waive all applicable budget laws with respect to the Sessions, R-Ala., point of order against the Tester substitute amendment no. 2875 that would provide additional recreational access to certain public lands for hunters. It would exclude ammunition and fish tackle from EPA regulations, ease a ban on importing polar bear remains, reauthorize several conservation measures and allow the Interior Department to increase fees for duck stamps, a federal migratory-bird hunting license that also helps fund conservation efforts. The substitute would strike provisions in the bill to prohibit the sale of billfish and require a report on artificial reefs in the Gulf of Mexico. The motion was rejected by a vote of 50-44 (D 47-1; R 1-43; I 2-0). [Vote 204, 11/26/12] XXXX Voted To Direct Pollution Funds to Gulf Coast Restoration, Reauthorize Land and Water Conservation Fund. In 2012, XXXX voted for an amendment that would direct 80 percent of Clean Water Act penalties stemming from the Deepwater Horizon oil spill to a trust fund for Gulf Coast restoration. It also would authorize $1.4 billion for the Land and Water Conservation Fund over two years. The amendment would be offset by delaying for one year the implementation of a rule that gives multinational corporations more flexibility in accounting for interest costs. The amendment was adopted by a vote of 76-22. [S.1813, Vote #32, 3/8/12] MISCELLANEOUS XXXX Voted for Interior, IHS, Forest Service, Veterans Funding. In 2005, XXXX voted for a bill that would provide $26.3 billion in fiscal 2006 for the Department of Interior and related agencies, including $9.9 billion for the Interior Department and $7.8 billion for the EPA. It would provide $4.1 billion for the Forest Service, $1.8 billion for the Bureau of Land Management and $3.2 billion for the Indian Health Service. It also would provide 127

$1.5 billion in emergency fiscal 2005 funding for medical services provided by the Veterans Affairs Administration. [HR 2361, Vote 168, 6/29/05] XXXX Voted Against Giving States the Power to Regulate LNG in Their Own Backyards. In 2005, XXXX voted to kill an amendment to the Energy Bill that would prevent facilities located onshore or in State waters for the importation of liquefied natural gas from foreign countries or the exportation of natural gas to foreign countries without the approval of the Governor of the state where the facility is located. [Vote 146, 6/21/05] XXXX Supported $2 Billion for Tax-Exempt Environmentally Friendly Construction Projects. In 2004, XXXX voted for an amendment to authorize $2 billion for “tax-exempt bonds for environmentally friendly construction projects.” [S 1637, Vote 84, 5/5/04; National Journal’s Congress Daily, 05/06/04] XXXX Voted Against Increasing Spending On Environmental Programs By $12.4 Billion. In 2003, XXXX voted against an amendment that would increase spending on environmental and conservation programs by $1.1 billion in FY 2004 and $12.4 billion over 10 years. [Vote 96, 3/25/03] XXXX Voted Against Increasing Environmental Protections and Oversight Over Energy Projects on Native American Reservations. In 2003, XXXX voted against an amendment that would increase oversight of energy projects on Indian reservations. The amendment would strike controversial language from the comprehensive energy bill’s (S.14) American Indian title, which would open millions of acres of tribal lands to oil and gas development. The amendment would expand the timeframe for the Interior secretary to review Indian energy projects, make the environmental review process more similar to standards under the National Environmental Policy Act while maintaining tribal supremacy, and strike a provision limiting who can petition the Interior secretary to review Indian energy projects. [Vote 219, 6/11/03; Environment and Energy Daily, 6/12/03] XXXX Voted Against Providing Greater Cover For U.S. Public Health And Environmental Laws From Legal Challenges By Foreign Investors. In 2002, XXXX voted against providing greater cover for U.S. public health and environmental laws from legal challenges by foreign investors. The Kerry amendment McConnell voted to table would make it more difficult for foreign trading partners to prevail in trade disputes claiming U.S. health or environmental laws constituted a trade barrier. Kerry's amendment stemmed from a lawsuit being pursued by Canada's Methanex against the ban on methyl tertiary butyl ether (MTBE) use in gasoline. Methanex, the world's largest producer of methanol -- which is a chief component of MTBE -- claimed $970 million in compensation from the US government under NAFTA, which protected foreign investors when they invest in member countries Canada, Mexico, and the US. Opponents said Kerry's amendment would encourage foreign governments to retaliate against US companies. [HR 3009, Vote 121, 5/21/02; Environment and Energy Daily, 5/22/02; Oil Daily, 5/22/02] XXXX Voted Against Requiring Parties to Fast-Track Trade Agreements to Uphold Basic Labor and Environmental Standards. In 2002, XXXX voted against requiring parties to trade pact agreements considered under fast-track procedures to uphold their domestic labor and environmental standards, under penalty of trade remedy laws. The amendment that McConnell opposed also said that countries enforcing international environmental agreements should be protected from trade-related penalties. [HR 3009, Vote 113, 5/15/02; Congressional Quarterly Daily Monitor, 5/15/02] XXXX Voted Against Allowing Retaliation on Trading Partners Based On Labor And Environmental Standards. In 2002, XXXX voted against allowing retaliation against trading partners based on labor and environmental standards. The amendment McConnell voted to table would allow retaliation against a trading partner for exercising their right to set domestic standards for labor and the environment. [HR 3009, Vote 112, 5/15/02] XXXX Voted Against Prohibiting $14 Billion In Energy Tax Incentives Until Revenue Offsets Were Made. In 2002, XXXX voted against prohibiting any of the approximately $14 billion in the energy bill’s tax incentives, until new tax hikes or spending cuts were enacted to offset the revenue loss that would come from that $14 billion in tax relief. Major tax breaks in the Senate bill included $4.4 billion for oil and gas producers, $3.2 billion for electric utilities that develop clean coal technologies and for nuclear power plants, $4 billion to encourage energy 128

conservation and efficiency and use of alternative fuels in vehicles and $2.3 billion to encourage development of renewable fuels including wind, solar, geothermal and biomass sources. [S 517, Vote 93, 4/25/02] XXXX Supported Alternative Fuel Motor Vehicle Tax Credit. In 2002, XXXX supported alternative fuel motor vehicle tax incentives. Specifically, XXXX supported the new qualified alternative fuel motor vehicle tax credit, the new hybrid motor vehicle tax credit, the new qualified fuel cell motor vehicle tax credit, and the extension of the present law tax credit for electric vehicles. The motion to table was agreed to, 91-8. [S 517, Vote 91, 4/25/02] XXXX Voted for Limiting The Regulatory Powers Of The Federal Energy Regulatory Commission. In 2002, XXXX voted for striking the electricity title, except for the provisions to increase consumer protections, to develop enforceable electricity reliability standards, to repeal the Public Utility Holding Company Act (PUHCA), and to substantially repeal the Public Utility Regulatory Policy Act (PURPA). The amendment would strike measures to increase the regulatory power of the Federal Energy Regulatory Commission (FERC). The amendment was rejected, 32-67. [S 517, Vote 62, 4/10/02] XXXX Voted To Exempt Metal Derivatives From Tighter Regulations. In 2002, XXXX twice voted to exempt metal derivatives from the regulatory requirements, which would subject energy derivatives and metal derivatives sold electronically to greater regulation (including capitalization requirements for online exchanges and increased reporting requirements) by the Commodity Futures Trading Commission (CFTC) than they were subject to before. The motion to table failed, 40-59. The cloture motion was rejected, 48-50. [S 517, Vote 60, 4/9/02; S 517, Vote 61, 4/10/02] XXXX Did Not Vote On Bill To Restrict Any Gas Pipeline Through Canada Or The Beaufort Sea. In 2002, XXXX did not vote on bill to prohibit the issuance of any license, permit, lease, right-of-way, authorization or other approval required under Federal law for the construction of any natural gas pipeline to transport natural gas from North Slope, Alaska, if that proposed pipeline is to enter Canada at any point north of 68 degrees North latitude or is to follow a route that traverses the Beaufort Sea or adjacent shoreline. The amendment would not preclude or affect any future gas pipeline that might be constructed to deliver natural gas to any site within Alaska, whether for domestic use or export. The amendment was agreed to, 93-5. [S 517, Vote 41, 3/6/02] XXXX Voted For An Amendment To Increase Funding For The Environmental Quality Incentives Program. XXXX voted for an amendment that would expand on the reforms that were begun in the last farm bill and increase funding for the Environmental Quality Incentives Program (EQIP). Overall, the amendment would spend the same amount over the baseline over 10 years as the original measure. The bill was defeated, 55-40. [S 1731, Vote 374, 12/18/01] XXXX Voted Against Environmental Programs. In April 2001, XXXX voted against an amendment that would increase funding for a wide variety of environmental programs by $50 billion, and set aside $50 billion for debt reduction. The increases would be offset by reductions in the tax cut. The amendment would cap discretionary spending at $660.7 billion in fiscal 2002 and includes an $845.7 billion contingency fund -- including the Medicare trust fund surplus -- that could be used for debt reduction, tax cuts or unforeseen spending. It also calls for $1.6 trillion in tax cuts over fiscal years 2002-2011 and $60 billion in tax cuts in fiscal 2001. [H Con Res 83, Vote 77, 4/5/01] XXXX Voted To Limit Authority of Secretaries of Agriculture and Interior. In 1999, XXXX voted against the Robb amendment to H.R.2466, which was an amendment to strike language in the bill that would give discretion to the secretaries of Agriculture and Interior as to whether new information concerning wildlife should be collected before revising resource management plans for national forests and Bureau of Land Management properties. This was an amendment to allow these secretaries to ignore regulations and land management plans and allow logging, mining, and road building in national forests without considering the impact of these activities on wildlife. [Vote 266, 9/9/99] 129

FOREIGN POLICY HIGHLIGHTS  THE XXXX RECORD ISRAEL/PALESTINE XXXX Supported US Foreign Policy On Middle East Peace Process. In June 2004, XXXX voted for a resolution that expressed the sense of the Senate in support of U.S. policy in the Middle East peace process. The amendment endorsed the principles and practices of the United States policy in the Middle East, and ongoing actions to make progress toward realizing the vision of two states living side by side in peace and security, as a real contribution toward peace, and as important steps under the Road Map, (2) reaffirmed its commitment to a vision of two states, Israel and Palestine, living side by side in peace and security as the key to peace, and (3) supported efforts to continue working with others in the international community, to build the capacity and will of Palestinian institutions to fight terrorism, dismantle terrorist organizations, and prevent the areas from which Israel has withdrawn from posing a threat to the security of Israel. [Vote 151, 6/24/04] XXXX Voted To Express Solidarity With Israel Against Terrorism. In 2002, XXXX voted for an amendment that would express the sense of Congress that it stands “in solidarity” with Israel in the war against terrorism, and expressed support for Israel actions to “dismantle the terrorist infrastructure in the Palestinian areas.” The amendment was agreed to, 94-2. [HR 3009, Vote 102, 5/2/02] DARFUR XXXX Voted Against Increasing Famine Aid and Assistance in the Darfur Region. In June 2004, XXXX voted to kill an amendment that would add $118 million in emergency funding for disaster and famine assistance efforts in response to the humanitarian crisis in the Darfur region of Sudan and Chad. [Vote 148, 6/24/04] CUBA XXXX Voted for Allowing US Citizens to Visit Family Members in Cuba. In 2005, XXXX voted for suspending the rules in support of an amendment that would have required the Treasury secretary to issue a general license to individuals subject to U.S. jurisdiction and their immediate families to travel to Cuba to visit immediate family for humanitarian reasons. [Vote 167, 6/29/05] XXXX Voted Against Continuing Broadcasts Into Cuba. In April 2005, XXXX voted against an amendment that would have reduced funding for international broadcasting operations from $641 million to $620 million in fiscal 2006 and prohibit funds from being used for television broadcasts to Cuba. It also would have barred broadcasting capital improvement funds from being used for this purpose. [Vote 85, 4/6/05] XXXX Voted Against Amendment to Bar Funding to Enforce Travel Restrictions to Cuba. In 2003, XXXX voted against motion to table an amendment to an appropriations bill that would have barred funding for “Bush administration efforts to step up enforcement of travel restrictions” to Cuba. [Vote 405, 10/23/03; AP, 10/23/03] XXXX Voted Against Requiring Presidential Certification That Cuba Was Not A Sponsor of Terrorism, Before Restrictions On Private Financing Trade Could Go Into Effect. In 2001, XXXX voted against an effort to restrict private financing of U.S. agricultural trade with Cuba. The amendment would require presidential certification that the government of Cuba was not a state sponsor of international terrorism before the restriction 130

against the private financing of food and medicine sales to the government of Cuba would be permitted to go into effect. [S 1731, Vote 375, 12/18/01; National Journal’s Congress Daily, 12/19/01] XXXX Voted Against the Creation of a Commission to Evaluate Achievements of US Cuba Policy. In 2000, XXXX voted against creating a bipartisan commission to assess the specific achievements of United States policy with respect to Cuba. It would also reexamine the United States' economic and travel embargo of Cuba. Those voting in favor of the commission hoped it would lead to a reform, or generally more open relations, of American Cuba policy. The vote was on tabling the Dodd amendment to the National Defense Authorization Act for fiscal year 2001. The motion to table was agreed to 59-41.[Vote 137, 6/20/00] XXXX Voted Against Allowing Regulation of Travel Between U.S. and Cuba. In 1999, XXXX voted against killing the Dodd amendment to S.1234, which was an amendment to bar the president from regulating or prohibiting travel by U.S. citizens or legal residents to or from Cuba. The motion to table was agreed to 55-43. [Vote 189, 6/30/99] XXXX Voted to Allow Cuban-Americans to Send $200 to Cuba Each Month. In 1997, XXXX voted in favor of the Bingaman amendment to S.955, which was an amendment to allow Cuban-Americans to send up to $200 each month to family members living in Cuba, and limit travel to the island, among other provisions. The amendment was rejected 38-61. [Vote 183, 7/17/97] EGYPT XXXX Voted Not To Cut All Foreign Aid To Egypt. In July 2013, XXXX voted for a motion to table (kill) the Paul, R-Ky., amendment no. 1739 that would establish that the July 3, 2013 military takeover in Egypt was a coup d'etat and prohibit the State Department from providing assistance to Egypt until another democratic election occurs, followed by the peaceful transfer of power. Under the amendment, aid to Egypt would be redirected toward an account created in the bill for bridge repair and construction along critical highway corridors. The motion to kill the measure was agreed by 86-13 (D 51-0; R 33-13; I 2-0). [Vote 195, 7/31/13; Politico, 7/31/13] XXXX Voted To Cut $15 Billion From Foreign Aid And $1 Billion From The Energy Department. In March 2013, XXXX voted in favor of Paul, R-Ky., amendment no. 382 that would adjust the resolution with the intention of allowing for a $16 billion increase in funding for infrastructure projects, offset through intended cuts for foreign assistance and Energy Department programs. The amendment was rejected by a vote of 26-72 (D 0-51; R 26-19; I 0-2). [Vote 82, 3/23/13] XXXX Voted To Prohibit Transfer Of Weapons And Equipment To Egypt. In January 2013, XXXX voted against the Leahy, D-Vt., motion to table (kill) the Paul, R-Ky., amendment no. 9 that would prohibit the transfer of F-16 fighter jets, M1 tanks and similar military weapons to Egypt. The motion was agreed to by a vote of 79-19 (D 51-0; R 26-19; I 2-0). [Vote 9, 1/31/13] XXXX Voted To Reduce Foreign Aid To Egypt And Direct Funding To Missile Defense Instead. In March 2013, XXXX voted in favor of Cruz, R-Texas, amendment no. 471 that would create a deficit-neutral reserve fund to allow for legislation to reduce foreign assistance to Egypt and increase funding for the Missile Defense Agency to establish a land-based missile defense capability on the East Coast. The amendment was rejected by a vote of 25- 74 (D 0-52; R 25-20; I 0-2). [Vote 85, 3/23/13] NORTH KOREA XXXX Voted Against Ending Food Assistance To North Korea Unless President Certified It Was Of National Interest To Do So. In June 2012, XXXX voted against Kerry, D-Mass., amendment no. 2454 that would prohibit federal food assistance to North Korea, subject to a waiver if the president certified that providing the aid was in the national interest. The amendment was adopted by a vote of 5-40. [Vote 144, 6/20/12] 131

FOREIGN AID XXXX Voted To Cut $15 Billion From Foreign Aid And $1 Billion From The Energy Department. In March 2013, XXXX voted in favor of Paul, R-Ky., amendment no. 382 that would adjust the resolution with the intention of allowing for a $16 billion increase in funding for infrastructure projects, offset through intended cuts for foreign assistance and Energy Department programs. The amendment was rejected by a vote of 26-72 (D 0-51; R 26-19; I 0-2). [Vote 82, 3/23/13] XXXX Voted For Global HIV/AIDS, TB, and Malaria Program Reauthorization and Funding. In July 2008, XXXX voted for a bill that would authorize $48 billion over five years for programs under the President's Emergency Plan for AIDS Relief used to fight AIDS, tuberculosis and malaria overseas. The bill would replace the current requirement that one-third of all HIV prevention funding go to abstinence education with balanced funding for abstinence, fidelity and condom programs. It also would authorize $2 billion for American Indian health programs. The bill passed 80-16. [Vote 182, 7/16/08] XXXX Voted to Cut Global HIV/AIDS Funding Bill by $13 Billion. In July 2008, XXXX voted to cut funding to fight AIDS and other global diseases from $48 billion to $35 billion over five years. The amendment to the Global HIV/AIDS program reauthorization bill was offered by Senator Jim DeMint. Republican Richard G. Lugar, the ranking Republican on the Foreign Relations Committee, argued against the amendment, saying its passage would be “a severe blow to the United States leadership and prestige on this issue because it would profoundly affect the calculations of individuals, groups and governments that we are trying to engage in this fight against HIV-AIDS and whose commitments are, many of them, contingent upon our action today.” The amendment was rejected, 31-64. [CQ Today, 7/16/08; Vote 181, 7/16/08] XXXX Voted Against Capping US Contributions to UN Peacekeeping. In April 2005, XXXX voted against an amendment that would set the percentage of U.S. contributions to United Nations peacekeeping at 27.1 percent for calendar year 2005 through 2007. [Vote 84, 4/6/05] XXXX Voted Against A Move to Shift $1.1 Billion From Defense Procurement to Fight Against Global HIV/AIDS. In 2003, XXXX voted against an amendment that would eliminate $1.1 billion in the bill designated for defense procurement, research, development and testing and reallocate that sum toward the treatment and prevention of global HIV/AIDS, tuberculosis and malarial. [Vote 288, 7/17/03] XXXX Voted Against Reauthorizing Mexican Rural Development Funding. In July 2003, XXXX voted against an amendment that would authorize $100 million in fiscal 2004 for aid to Mexico, focused on micro credit lending, small business and entrepreneurial development, assistance for small farms and farmers hurt by declining coffee prices, and strengthening a system of private property ownership in rural communities. It would also express the sense of Congress that the U.S. government should work with Mexico on rural development assistance programs. [Vote 268, 7/10/03] XXXX Voted Against AIDS Relief for Caribbean Nations. In May 2003, XXXX voted against an amendment that would include 14 Caribbean nations among the list of priority recipients of the aid contained in the bill. [Vote 183, 5/16/03] XXXX Voted Against Providing $250 Million in Food Relief to AIDS Stricken Countries. In May 2003, XXXX voted against an amendment that would allow $250 million in food aid to sub-Saharan African nations. [Vote 178, 5/15/03] XXXX Voted Against Authorizing Up To $1 Billion For The Global AIDS Fund. In 2003, XXXX voted against an amendment that would authorize up to $1 billion for the Global AIDS Fund. The first $500 million would be allocated with no conditions. The second $500 million would be allocated only if foreign contributions are at least $1 billion. [Vote 177, 5/15/03] 132

XXXX Voted Against An Amendment To Increase Funding To Fight Global AIDS By $800 Million, Devote $800 Million To Deficit Reduction. In 2003, XXXX voted against increasing by $800 million funding to fight AIDS, tuberculosis, and malaria around the world. The vote was on an amendment that would increase funding by $800 million on global AIDS treatment and prevention and programs to fight tuberculosis and malaria. It also would include $800 million for deficit reduction. The spending would be offset by a reduction in tax cuts. [Vote 104, 3/26/03] XXXX Voted Against Conditioning Indonesia’s Participation in the International Military Education and Training (IMET) Program on Fighting Terrorism. In 2003, XXXX voted against restricting Indonesian participation in the International Military Education and Training (IMET) program until the president certifies that Indonesia is sufficiently working to combat terrorism and is taking action against those responsible for an Oct. 12 terrorist attack in Bali. Indonesia would still be allowed to participate in the Expanded IMET program. [Vote 19, 1/23/03] XXXX Voted Against $600 Million for African Famine Relief. In 2003, XXXX voted against $600 million in famine relief funds for Africa if the president designates the situation an emergency. [Vote 17, 1/22/03] XXXX Voted To Double Funding For The UN Fund To Fight HIV/AIDS. In 2002, XXXX voted to double to $200 million funding for fighting AIDS overseas. The amendment would increase the appropriation for the United Nations Child Survival and Health Programs Fund from $100 million to $200 million and would add an emergency designation. The $200 million would only be used for programs for the prevention, treatment, and control of, and research on, HIV/AIDS, and special emphasis would be given to aid directed at the prevention of transmission of HIV/AIDS from mother to child, including medications to prevent such transmission. A Democratic effort to boost the total to $500 million was rejected 49- 46. [HR 4775, Vote 142, 6/6/02; Associated Press, 6/7/02] XXXX Voted Against Considering An Amendment To Increase Funding To $500 Million For A UN Fund To Fight AIDS. In 2002, XXXX voted an amendment that would increase the appropriation for the United Nations Child Survival and Health Programs Fund from $100 million to $500 million, and would add an emergency designation in order to permit all of the spending to be deficit spending instead of within the budget. The motion was rejected, 46-49. [HR 4775, Vote 141, 6/6/02] XXXX Voted against A Bill In Support Of NATO Expansion. In 2002, XXXX voted against the Freedom Consolidation Act (H.R. 3167). The bill expressed Congress' support for the continued expansion of the North Atlantic Treaty Alliance (NATO) and authorized assistance to certain nations in furtherance of that end. Additionally, it authorized a total of $55.5 million in foreign military financing under the Arms Export Control Act for the Baltic countries (Estonia, Latvia, and Lithuania) and for Slovakia, Slovenia, Bulgaria, and Romania. The bill passed, 85-6. [HR 3167, Vote 116, 5/17/02] XXXX Voted Against $164 Million For Counter-Narcotics Programs In Latin America. In 2001, XXXX voted against increasing funding for Plan Colombia, the counter-narcotics programs in Latin America, by $164 million, from $567 million to Bush’s requested amount of $731 million. [HR 2506, Vote 311, 10/24/01; Congressional Quarterly Daily Monitor, 10/21/01] XXXX Voted Against Invoking Cloture on the 2002 Foreign Operations Bill. In October 2001, XXXX voted against a motion to to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would appropriate $15.5 billion in fiscal year 2002 for foreign operations. [HR 2506, Vote 306, 10/23/01] XXXX Voted to Underfund Foreign Operation Appropriations Act. In 1999, XXXX cast crucial vote for the underfunded Foreign Operation Appropriations Act. [Vote 312, 10/6/99] SANCTIONS XXXX Did Not Vote to Extend Sanctions On Myanmar. In June 2004, XXXX did not vote for a joint resolution that would extend for one year import restrictions on products from Myanmar until the president certifies that the 133

Myanmar government has made significant progress toward practicing democracy and ending human rights violations. [Vote 150, 6/24/04] XXXX Voted To Impose Trade Sanctions on Myanmar for Human Rights Violations. In 2003, XXXX voted for passage of a bill that would impose trade sanctions on exports from Myanmar. Products would be prohibited from being imported into the United States and the regime’s assets in U.S. financial institutions would be frozen. The bill also would extend a current U.S. visa ban against members of the ruling military junta and would authorize President Bush to assist pro-democracy activities in that country. The president could lift sanctions by certifying that human rights and pro-democracy standards have been met. [HR 2330, Vote 280, 7/16/03] XXXX Voted to Place Trade Sanctions on Myanmar. In June 2003, XXXX voted for a bill that would impose trade sanctions on exports from Myanmar until the president certifies the nation has made significant progress toward practicing democracy and ending human rights violations. [Vote 220, 6/11/03] XXXX Voted to Place Sanctions on Syria. In November 2003, XXXX voted for a bill that required the President to impose at least two sanctions on Syria. Sanctions could have included barring U.S. exports and investment in Syria with the exception of food and medicine, freezing Syrian government assets in the United States, banning Syrian aircraft from U.S. airspace, reducing diplomatic contacts, or restricting the travel of Syrian diplomats. Any of the sanctions could have been waived for national security reasons. The bill also condemned Syrian involvement with terrorism and demanded a withdrawal of Syrian forces from Lebanon. [Vote 445, 11/11/03] XXXX Voted Not To Require Presidential Certification That Cuba Was Not A Sponsor of Terrorism, Before Restrictions On Private Financing Trade Could Go Into Effect. In 2001, XXXX voted for an effort to restrict private financing of U.S. agricultural trade with Cuba. The amendment would require presidential certification that the government of Cuba was not a state sponsor of international terrorism before the restriction against the private financing of food and medicine sales to the government of Cuba would be permitted to go into effect. [S 1731, Vote 375, 12/18/01; National Journal’s Congress Daily, 12/19/01] XXXX Voted To Extend Sanctions Against Iran And Libya. XXXX voted to pass the Iran and Libya Sanctions Act Extension Act (S. 1218). The bill would modify and extend the Iran and Libya Sanctions Act of 1996 for 5 years, until 2006. Under the Act, sanctions were placed on foreign companies that invest in Iran's or Libya's petroleum industries. The bill passed, 96-2. [S 1218, Vote 251, 7/25/01] XXXX Did Not Support Sanctions Against China and other Nations For Selling Weapons of Mass Destruction. In September 2000, XXXX voted for an amendment that would provide for sanctions against China and other countries for selling illicit weapons of mass destruction. The proposal would establish an annual review process to assess the behavior of each key supplier country as identified by the Director of Central Intelligence, and require the president to impose non-trade related sanctions on individuals, companies and groups if they are found to be spreading weapons of mass destruction. The president also would be authorized to impose additional sanctions on key supplier countries. [Vote 242, 9/13/00] XXXX Voted For President Imposing Unilateral Agriculture Sanctions. In 1999, XXXX voted to allow the President from imposing unilateral agricultural sanction or medical sanction against foreign country or entity unless President submits report to Congress that describes activity proposed to be prohibited, restricted, or conditioned, and describes actions by foreign country or entity that justify sanction, and Congress enacts joint resolution of approval; requires President to cease to implement any unilateral agricultural or medical sanctions in effect as of date of enactment; continues to prohibit U.S. government credits for sales to terrorist governments; and allows President to impose or continue to impose sanctions on foreign country or entity against which Congress has enacted declaration of war, or to prohibit, restrict, or condition use of any agricultural commodity, medicine, or medical device that is controlled for national security reasons, or used to facilitate development or production of chemical or biological weapon. [Vote 251, 8/3/99] TREATIES 134

XXXX Voted for a Civilian Nuclear Agreement with India. In October 2008, XXXX voted for a civilian nuclear agreement with India. Supporters, including leaders of both parties, said the deal would cement ties between the two countries. The agreement would allow nuclear trade between the two countries and bring India’s civilian, but not military, reactors under international oversight. The deal is important because, as a country that has tested nuclear weapons but not signed on to the Nuclear Non-Proliferation Treaty; India has been gradually excluded from the global nuclear industry since first testing in 1974. The bill would allow lawmakers to block, by enacting a joint resolution of disapproval, any subsequent agreement with India on reprocessing nuclear fuel. It also would require that agreements on nuclear safeguards between the International Atomic Energy Agency and India come into force before the U.S.-India deal goes into effect. [CQ Today, 10/01/08; Vote 211, 10/01/08] XXXX Voted To Expand NATO To Accept Seven Eastern European Countries. In 2003, XXXX voted to expand NATO to take in seven formerly-communist Eastern European nations. The vote was on a resolution of ratification of the NATO Expansion Treaty (Treaty Doc. 108-4), which would allow the admission of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia into the North Atlantic Treaty Organization. [Vote 142, 5/8/03] XXXX Voted No On Requiring that The President Give Senate 60 Days’ Notice Before Altering Moscow Treaty. In March 2003, XXXX voted against an amendment requiring the president to notify the Senate of extending or withdrawing from the Moscow Treaty at least 60 days before doing so. [Vote 41, 3/6/03] XXXX Voted Against Requiring Annual Reports On Russian Demilitarization. In March 2006, XXXX voted against requiring an annual report from intelligence agencies on U.S. abilities to monitor Russian demilitarization programs. The vote was on an amendment to add language to the resolution of ratification of the Moscow Treaty. Sen. Kerry called the treaty "as flimsy a treaty as the United States Senate ever considered" and "little more than a series of missed opportunities." [Vote 42, 3/6/03; AP, 3/7/03] XXXX Voted To Adopt Moscow Treaty, Requiring Reduction Of Nuclear Stockpiles By U.S. And Russia. In March 2003, XXXX voted to adopt the resolution of ratification of the Moscow Treaty (Treaty Doc. 107-8), which would require the United States and Russia each to reduce its nuclear stockpiles to between 1,700 and 2,200 warheads by 2012. Democrats raised concerns that treaty would do little to strengthen U.S. security because it allows the weapons to be stored instead of destroyed and that the treaty had no timetable for reducing weapons before the 2012 deadline. Democrats also said the treaty lacks verification procedures and makes it too easy for either side to withdraw. [Vote 43, 3/6/03; AP, 3/7/03] XXXX Voted Against a Nuclear Test Ban Treaty. In 1999, XXXX cast a crucial vote against the adoption of the Nuclear Test Ban Treaty, which was a treaty to ban nuclear weapons testing six months after the pact is ratified by the 44 nations that have either nuclear power plants or nuclear research reactors. [Vote 325, 10/13/99] CONFIRMATIONS XXXX Voted to Confirm Condoleezza Rice. In 2005, XXXX voted to confirm President Bush's nomination of Condoleezza Rice of California to be Secretary of State. [Vote 2, 1/26/05] XXXX Twice Voted to Support John Bolton’s Nomination to be Ambassador to the UN. In 2005, XXXX voted on two separate occasions to end debate on John Bolton’s nomination to be US Ambassador to the United Nations. Bolton’s nomination was delayed because the Bush Administration refused to turn over “documents related to Bolton's handling of classified information and his role in preparing congressional testimony about Syria in 2003.” [Vote 129, 5/26/05; Vote 142, 6/20/05; Washington Post, 5/27/05]  Bolton Has Said “There Is No Such Thing As The United Nations.” In 1994, Bolton said that "there is no such thing as the United Nations." "If the U.N. secretary building in New York lost 10 stories, it wouldn't make a bit of difference.” [CNN, 3/8/05] 135

 Bolton Abused His Powers By Probing National Security Agency Intercepts. Bolton “used his position as a senior State Department official to obtain details about intercepted communications involving other American officials that were monitored by the National Security Agency, according to Mr. Bolton's own account. The identities of American officials whose communications are intercepted are usually closely protected by law, and not included even in classified intelligence reports. Access to the names may be authorized by the NSA only in response to special requests, and these are not common, particularly from policy makers.” [New York Times, 4/14/05]  Bolton Removed Expert Who Disagreed With Him. In 2003, Bolton “ordered a young official working closely with then-Secretary of State Colin L. Powell removed from duties in the State Department's nonproliferation bureau in what U.S. officials described as a third attempt by Bolton to purge career officials he perceived as impeding his policy goals.” Sources said “Rexon Ryu, an expert on nonproliferation issues in the Middle East, was transferred to another bureau after he failed to produce a document requested by Bolton's chief of staff.” Bolton “reportedly accused Ryu of concealing the information and of insubordination.” [Washington Post, 4/15/05]  Bolton’s Privileges Were Restricted At State Department. While working at the State Department, Bolton angered enough senior State Department officials with his comments that his privileges were restricted by Deputy Secretary of State Richard Armitage. Armitage “ordered two years ago that Mr. Bolton be blocked from delivering speeches and testimony unless they were personally approved by Mr. Armitage. [New York Times, 5/10/05]  Bolton Might Have Acted Improperly to Alter Intelligence Assessments. Senate Democrats alleged that Bolton, while an official at the State Department, "tried to stretch the envelope" on intelligence assessments of unconventional weapons capabilities in Cuba, Iran and North Korea. There is also a question of whether “Bolton improperly sought to toughen intelligence assessments of Syria as late as the summer of 2003, after the American failure to find illicit weapons in Iraq had raised alarms about the danger of inflated intelligence.” [Los Angeles Times, 5/11/05; New York Times, 5/5/05] TOURISM PROMOTION ABROAD XXXX Voted Against Creating a Nonprofit Entity to Promote the U.S. as a Travel Destination. In February 2010, XXXX voted against a bipartisan bill to create a nonprofit entity designed to promote the United States as a destination for foreign tourists. The bill (HR 1299) would authorize $10 million in startup funds in fiscal 2010 — and would match as much as $100 million a year in corporate contributions in subsequent years. The bill passed 78- 18. [CQ Today, 2/25/10; Vote 28, 2/25/10]  XXXX Voted Against Cloture on the Travel Promotion Bill. Earlier in the evening, XXXX voted against cloture. Senate agreed to a motion to end debate on the measure, 76-20. [Vote 26, 2/25/10] XXXX Voted Against Tourism Promotion Bill. In September 2009, XXXX voted against a travel promotion bill. The bill would create a nonprofit corporation to promote the United States abroad as a tourist destination. It would authorize $10 million in seed money in fiscal year 2010 and in the future match as much as $100 million a year in corporate contributions. The federal share would come from a $10 fee assessed on users of the Visa Waiver Program, which allows citizens of specified countries — mostly in Europe — to travel to the United States for up to 90 days without obtaining visas. The bill passed 79-19. [CQ Today, 9/09/09; Vote 272, 9/09/09]  XXXX Voted Against Considering Tourism Promotion Bill. In September 2009, XXXX voted against considering a bill create a nonprofit corporation intended to promote the United States abroad as a tourist destination. It would authorize $10 million in seed money in fiscal 2010 and in the future match as much as $100 million each year in corporate contributions. The federal share would come from a $10 fee assessed on users of a visa waiver program. The motion to invoke cloture passed 80-19. [CQ Today, 9/08/09; Vote 271, 9/08/09] 136

 XXXX Did Not Vote Against Considering Tourism Promotion Bill. Earlier in June 2009, XXXX did not vote on motion to invoke cloture and limit debate on a substitute amendment to the measure to create a nonprofit corporation to promote the United States abroad as a tourist destination. The motion was rejected 53-34. [CQ Today, 6/22/09; Vote 211, 6/22/09] MISCELLANEOUS XXXX Voted Against Requiring a Classified Report on Law Enforcement Costs Incurred Protecting Foreign and Domestic Officials. In 2003, XXXX voted against an amendment to require the Homeland Security secretary to submit a classified report to Congress on the costs incurred by state and local law enforcement personnel in complying with Secret Service requirements while protecting and escorting foreign and domestic officials. [Vote 292, 7/23/03] XXXX Voted To Cut Funding To Fight Drug Trafficking In Colombia. In 2000, XXXX voted against an amendment that would strike all but $200 million of the $934.1 million in FY 2000 funding for combating drug trafficking in Colombia, and would give the Secretary of State discretion to use the remaining funding for drug control efforts in Colombia, Bolivia, Ecuador, Peru, and other countries in South and Central American and the Caribbean. The amendment was rejected, 19-79. [Vote 139, 6/21/00] XXXX Voted Against Shifting Money From Plan Colombia To Substance Abuse Programs. In 2000, XXXX voted for an amendment that would strike $225 million in military assistance that would be given to Colombia to help it to mount a military offensive against the drug dealer armies in southern Colombia as part of Plan Colombia. The amendment would instead increase spending by $225 million on Substance Abuse Mental Health Administration (SAMSHA) programs to treat drug addicts. The motion to table was agreed to, 89-11. [Vote 138, 6/21/00] XXXX Voted Against Payment of U.S. United Nations Debt. In 1997, XXXX voted against prompt payment of $819 million in U.S. debt to the United Nations. [Vote 102, 6/17/97] 137

FOREIGN POLICY: IRAQ HIGHLIGHTS  THE XXXX RECORD LEAD UP TO WAR XXXX Voted To Authorize The Use Of Force Against Iraq. In 2002, XXXX voted for the resolution to authorize the use of force against Iraq. The amendment XXXX voted for required the administration to report to Congress that diplomatic options have been exhausted before, or within 48 hours after military action has begun. The president was required to submit a progress report to Congress at least every 60 days. [H J Res 114, 10/11/02, Vote 237; S J Res 45, 10/10/02, Vote 233; S J Res 45, 10/3/02 Vote 230] XXXX Voted Against a Two-Year Limit On Any Congressional Authorization Of Military Action. In 2002, XXXX voted against placing a two-year limit on any congressional authorization of military action. The second year would be dependent on the president's certification that leaving the authorization in place was necessary. The vote was on a Byrd amendment to the joint resolution that would authorize the use of force against Iraq. [S J Res 45, Vote 232, 10/10/02; Congressional Quarterly Daily Monitor, 10/10/02] XXXX Voted Against Clarifying Ground on Which Force Could be Used in Iraq. In October 2002, XXXX voted against an amendment that would clarify that any authorization of the use of force against Iraq would not alter the constitutional authority of Congress to declare war. It also would clarify that no additional authority not directly related to a clear threat of imminent, sudden and direct attack on the United States be granted to the president unless Congress authorizes it. The underlying substitute amendment would authorize the use of force against Iraq and require the administration to report to Congress that diplomatic options have been exhausted before, but not more than 48 hours after, action would begin. The president would also be required to submit a progress report to Congress at least every 60 days. [S J Res 45, Vote 234, 10/10/02] XXXX Voted Against UN Inspections in Iraq, Prior to Invasion. In October 2002, XXXX voted against an amendment that would authorize of the use of force against Iraq pursuant to the adoption of a United Nations resolution that demands that Iraq allow unrestricted access to U.N. weapons inspectors and authorizes the use of military force by U.N. members to enforce the resolution, as well as Iraq's failure to comply with such a resolution. It also would provide that Congress not adjourn sine die and return to session at any time to promptly consider proposals related to Iraq if the United Nations fails to adopt such a resolution. The underlying substitute amendment would authorize the use of force against Iraq and require the administration to report to Congress that diplomatic options have been exhausted before, but not more than 48 hours, after action would begin. The president would also be required to submit a progress report to Congress at least every 60 days. [S J Res 45, Vote 235, 10/10/02] XXXX Voted Against Changing the Resolution To Allow Use Of Force Only In Case Of ‘Imminent Threat.’ In 2002, XXXX voted against changing the language in the resolution authorizing use of force in Iraq to allow for use of force only in case of an “imminent” threat, rather than a “continuing” threat. Sen. Dick Durbin (D-IL), who sponsored the amendment, said the administration was seeking to undo years of American foreign policy by lowering the threshold for one nation to attack another. The vote was on a Durbin amendment to the joint resolution that would authorize the use of force against Iraq. [S J Res 45, Vote 236, 10/10/02; Chicago Tribune, 10/11/02] XXXX Voted Against Expanding Bush's Authority To Use Force. In 2002, XXXX voted against expanding Bush's authority for pre-emptive military action to include five terror organizations. XXXX voted against an amendment that would authorize the use of force against the threat posed by Iraq and five terrorist organizations, 138

including Hamas, Hezbollah, and the Palestine Islamic Jihad. The vote was on a motion to table the Graham amendment to the joint that would authorize the use of force against Iraq. [S J Res 45, Vote 231, 10/9/02; Associated Press, 10/9/02] XXXX Voted to Prohibit The Importation Of Oil From Iraq. In 2002, XXXX voted to prohibit the importation of oil from Iraq until the President certified either that the importation of such oil was not inconsistent with the national security and foreign policy interests of the United States or that Iraq, or relevant United Nations resolutions. The amendment was agreed to, 88-10. [S 517, Vote 72, 4/18/02] WITHDRAWAL XXXX Voted Against Funding for Iraq, Afghanistan with Non-Binding Withdrawal Language. In May 2008, XXXX voted against a supplemental appropriations bill that included $165 billion for emergency war spending for Iraq and Afghanistan. The amendment also included Iraq policy provisions from its war funding language, including a non-binding provision calling for the withdrawal of troops from Iraq by June 2009. The motion failed 34-63. [CQ Today, 5/22/08; Vote 138, 5/22/08] XXXX Rejected Non-Binding Attempt to Change Course With a Goal of Withdrawing Most U.S. Troops By the End of 2008. In December 2007, XXXX rejected Sen. Carl Levin’s nonbinding measure “that simply urged the president to begin limiting the mission of U.S. troops in Iraq to protecting American personnel, training Iraqis and conducting counterterrorism operations. The proposal, which closely resembled a compromise proposal that had been pushed all year by Sens. Susan Collins (R-Maine) and Ben Nelson (D-Neb.), set a goal of completing the transition by the end of 2008.” [Vote 438, 12/18/07; Los Angeles Times, 12/19/07] XXXX Voted Against Requiring U.S. Troop Withdrawal in By September 2008. In December 2007, XXXX rejected Sen. Russ Feingold’s attempt to require the withdrawal of U.S. troops within nine months, cutting off war funding after that point. The amendment failed by a vote of 24-71. [Vote 437, 12/18/07; Los Angeles Times, 12/19/07] XXXX Again Voted Against Plan to Withdraw US Troops by December 2008. In November 2007, XXXX voted against a $50 billion war funding package that would require troop withdrawals from Iraq beginning within 30 days, with a goal of withdrawal by December 15, 2008. Democrats fell seven votes short on the motion, which required 60 votes to pass. [Vote 411, 11/16/07; New York Times, 11/15/07] XXXX Voted for Blank Check for the War. In November 2007, XXXX voted to provide $70 billion for the war in Iraq “with no strings attached” and no accountability. [Vote 410, 11/16/07; CQ Today, 11/15/07] XXXX Rejected Bid to Cut Off Funding Unless Timetable Was Met. In October 2007, XXXX voted for the third time in a year against the Feingold Amendment to the Department of Defense Appropriations Act of 2008. The amendment, which would have safely redeployed United States troops from Iraq, failed in the Senate by a vote of 28-68. [Vote 362; 10/3/07] XXXX Again Voted Against Plan to Withdraw Most U.S. Troops By 2008. In September 2007, XXXX once again voted to kill the Levin-Reed proposal to withdraw most U.S. troops from Iraq. Sen. Levin argued, “We're going to continue to lose lives and squander resources while they [the Iraqis] dawdle.” The proposal, which was similar to one offered in July, failed 47-47. [Vote 346, 9/21/07; CNN, 9/21/07; AP, 9/21/07] XXXX Voted Against Bringing Troops Home and Cutting Off Most War Funding in 2008. In September 2007, XXXX joined Republican opposition to Sen. Feingold’s proposal “that would have immediately changed the mission of American troops, required the withdrawal of all combat forces by the end of June 2008 and then cut off financing for military operations in Iraq.” The amendment, that failed 28-70, was similar to one rejected by a similar margin in May. [Vote 345, 9/20/07; New York Times, 9/21/07] 139

XXXX Voted Against Bringing Troops Home by May 2008. In July 2007, XXXX voted against the Levin–Reed Amendment to bring most U.S. troops home from Iraq by April 30, 2008, with the withdrawal beginning within 120 days. The amendment XXXXX rejected would redeploy all U.S. troops from Iraq by April 30, 2008, except those focused on counterterrorism activities, training of Iraqi security forces, and protection of U.S. personnel. It would also call for a comprehensive diplomatic, political and economic strategy, including working with other countries in the region and seeking the appointment of an international mediator under the auspices of the U.N. Security Council to try to bring stability to Iraq. [Vote 252, 7/18/07; NPR, 7/17/07; Levin statement, 7/17/07] XXXX Voted Against Legislation to End Funding for Iraq War Unless Timetable was Met. In May 2007, XXXX voted against a nonbinding proposal by Senators Feingold and Reid that would have endorsed cut off most funding for the war in Iraq by March 31, 2008, leaving future funding in place mainly for counterterrorism and the training of Iraq troops. The amendment was offered on an unrelated bill as House and Senate leaders prepared a final war spending bill. [Vote 167, 5/16/07; Washington Post, 5/17/07; New York Times, 5/17/07; AP, 5/17/07] XXXX Voted to Tie War Funding to Benchmarks. In May 2007, the XXXX voted for Sen. John Warner’s proposal to impose benchmarks on the Iraq government and to require President Bush to report to Congress in July and September 2007 on how well the Iraq government was meeting those benchmarks. At the insistence of the White House, the proposal included a provision allowing Bush to waive any penalties if the benchmarks weren’t met. [Vote 168, 5/16/07; New York Times, 5/17/07] XXXX Voted Against War Funding Bill With Timetable for Withdrawal. In April 2007, XXXX voted against the final version of the $124 billion Fiscal Year 2007 Supplemental spending bill, which would begin bringing U.S. troops home from Iraq by October 1, with a goal of having most troops home by March 31, 2008. In addition to the withdrawal, the bill, which was adopted 51-46 amidst a veto threat, would provide billions of dollars for military equipment and health care for active duty military and returning veterans. [Vote 147, 4/26/07; Washington Post, 4/26/07; CQ Today, 4/24/07] XXXX Voted Against War Funding Bill That Included Withdrawal Plan. In March 2007, XXXX voted against the $122 billion Fiscal Year 2007 Supplemental spending bill, which included $96 billion to the Defense Department, mostly for the wars in Iraq and Afghanistan, along with $1.8 billion for veterans care. The GOP- opposed bill set a goal of withdrawing most American troops from Iraq by March 31, 2008, with the redeployment beginning within months of passage. [Vote 126, 3/29/07; AP, 3/28/07; Democratic Policy Committee, 3/26/07; MSNBC, 3/29/07; New York Times, 3/27/07; CQ Today, 3/23/07] XXXX Voted Against Withdrawal From Iraq By Spring 2008. In March 2007, XXXX voted against a proposal to set a goal of withdrawing most American troops from Iraq by March 31, 2008, with the redeployment beginning within months of passage. The move to strip the withdrawal language was defeated 48-50. [Vote 116, 3/27/07; New York Times, 3/27/07; CQ Today, 3/23/07] XXXX Voted Against Withdrawing Troops By Spring 2008. In March 2007, XXXX voted against a proposal to set a goal of withdrawing most American troops from Iraq by March 31, 2008, with the redeployment beginning within months of passage. The resolution was defeated 48-50. [Vote 75, 3/15/07; AP, 3/15/07] XXXX Rejected Phased Redeployment of U.S. Troops. In September 2006, XXXX voted to kill an amendment to implement the recommendations of the 9/11 Commission, including increased security at chemical plants, transit facilities and borders. The proposal also called for a new direction in Iraq with a “phased redeployment” of U.S. troops. The proposal was rejected 41-57. [Vote 243, 9/13/06; Hartford Courant, 9/14/06; CQ Today, 9/13/06] XXXX Voted Against Complete Withdrawal From Iraq By July 2007. In 2006, XXXX voted against requiring President Bush to begin redeploying U.S. troops from Iraq by the end of 2006 and to complete the withdrawal by July 1, 2007. [Vote 181, 6/22/06; AP, 6/22/06] XXXX Voted Against Phased Withdrawal From Iraq Beginning in 2006. In 2006, XXXX voted against urging the President to begin a phased redeployment of U.S. troops from Iraq starting in 2006 and to submit to the 140

Congress by the end of 2006 a plan with estimated dates for continued phased withdrawal. Just days after Senate Republicans ridiculed the proposal to begin a redeployment of troops from Iraq in 2006, General George Casey, commander of US forces in Iraq, basically ratified the same approach. Casey presented a plan that would begin redeploying troops in September 2006 and would result in a sharp reduction in forces by the end of 2007. [Vote 182, 6/22/06; Washington Post, 6/26/06; New York Times, 6/24/06] XXXX Voted Against Asking Bush to Set a Timetable for Withdrawal. In November 2005, XXXX voted against an amendment that would have required the President to report to Congress with a timetable for withdrawal and a plan, including dates, outlining a phased redeployment of U.S. troops from Iraq. [Vote 322, 11/15/05; Fox News, “Fox Special Report with Brit Hume,” 11/15/05; Knight Ridder, 11/16/05] XXXX Voted for Nonbinding Resolution to Make 2006 a Year of Transition in Iraq. In November 2005, XXXX voted for a bipartisan, nonbinding resolution stating that 2006 “should be a period of significant transition to Iraqi sovereignty;” that U.S. forces should not remain in Iraq any longer than necessary; and that the Bush Administration needs to explain to Congress and the American public the strategy for the completion of the Iraq mission. [Vote 323, 11/15/05; “The NewsHour with Jim Lehrer,” 11/15/05; Knight Ridder, 11/16/05] XXXX Voted Against A Measure to Transfer Control of Postwar Iraq from the Defense Department to the State Department. On October 2, 2003, XXXX voted for a motion to kill the Leahy, D-VT, amendment that would remove the Coalition Provisional Authority in Iraq from Defense Department control and place it under the jurisdiction of the State Department. The motion to table the amendment was agreed to 56-42. [S 1689, Vote 374, 10/2/03] XXXX Voted Against Requiring the President to Report to Congress on Strategy for Iraqi Reconstruction. On July 16, 2003, XXXX voted against requiring the president to submit a report to Congress on a strategy for Iraqi reconstruction, including plans for security and humanitarian assistance. The report would have to include schedules for seeking NATO participation and for seeking approval of a multilateral force from the U.N. Security Council. [HR 2658, Vote 283, 7/16/03] TROOP LEVELS AND BUSH SURGE XXXX Opposed Troop Deployment Limits. In September 2007, XXXX voted against Sen. Jim Webb’s bipartisan proposal to specify minimum periods between deployments of U.S. troops in Iraq. Specifically, the Webb amendment would have extended home stays for troops for periods at least as long as their last combat tours before they can be redeployed. XXXX backed the measure when it came up for a vote in July 2007. [Vote 341, 9/19/07; Washington Post, 9/19/07] XXXX Voted Against Troop Deployment Limits. In July 2007, XXXX voted against Jim Webb’s bipartisan proposal to extend the minimum period between deployments for troops serving in Iraq and Afghanistan. Specifically, the Webb amendment would have required that active duty troops be given as much time at home as they served during their deployment. National Guard and Reserves would have been given home stays equal to three times their deployment period. [Vote 241, 7/11/07; Richmond Times Dispatch, 7/10/07] XXXX Voted For Necessary Troop Increase in Iraq. In June 2004, XXXX voted for amendment that would increase the authorized end strength for active-duty Army personnel by 20,000 soldiers in fiscal 2005. As amended, it would require the additional troops to be covered by the $25 billion authorized for operations in Iraq and Afghanistan or from another future supplemental appropriation. [S 2400, Vote 129, 6/17/04] Votes on the Surge XXXX Voted To Filibuster Iraq Debate. On February 5, 2007, XXXX led filibuster on several resolutions dealing with Bush’s planned Iraq war escalation. During the debate, McConnell admitted, “there are many members on my side who would argue that we shouldn’t be having this debate this week at all.” [Vote 43, 2/5/07; Washington Post, 2/6/07; Congressional Record, 2/5/07] 141

XXXX Voted Against Even Allowing Debate on Non-Binding Anti-Surge Resolution. XXXX voted against even allowing debate on a non-binding resolution to condemn Bush’s decision to deploy an additional 21,000 troops to Iraq. [Vote 51, 2/17/07] INTELLIGENCE XXXX Rejected Independent Commission on Prewar Intel. In October 2003, XXXX voted to kill a proposal that would have established a National Commission on the Development and Use of Intelligence Related to Iraq, an independent commission on pre-war intelligence that would build upon existing congressional inquiries. [Vote 395, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Rejected Independent Commission to Investigate Prewar Intel. In July 2003, XXXX voted to kill a proposal that would have established the National Commission on the Development and Use of Intelligence Related to Iraq, an independent bipartisan commission to investigate the intelligence used by the Bush administration to justify the war. The commission, which was rejected 51-45, would have examined whether Iraq had weapons of mass destruction and whether it had links to al-Qaeda. [Vote 284, 7/16/03; Knight Ridder, 7/17/03] XXXX Refused to Force Bush to File Prewar Intel Report. In July 2003, XXXX voted to kill a proposal that would have withheld $50 million in intelligence funding until President Bush submits a report about how the White House handled the prewar intelligence. [Vote 287, 7/17/03; AP, 7/17/03] RESOLUTIONS OF SUPPORT XXXX Voted for A Resolution Supporting The President And Troops In War Against Iraq. On March 20, 2003, XXXX voted for a resolution supporting the president and members of the armed forces in the conflict against Iraq. The resolution, “Commends and supports the efforts and leadership of the president, as commander in chief, in the conflict against Iraq.” [S Res 95, Vote 61, 3/20/03; Associated Press, 3/20/03] Robetrs Voted to Express Sense of Congress That Removal of Saddam Hussein Enhanced the Security of Israel and Other Allies. On October 15, 2003, XXXX voted to express the sense of Congress that the removal of Saddam Hussein enhanced the security of Israel and other U.S. allies. The vote was on a Graham, R-S.C., amendment (no. 1806) to the FY 2004 Supplemental for Iraq and Afghanistan that would express the sense of Congress that the removal of the government of Iraq under Saddam Hussein has enhanced the security of Israel and other U.S. allies. [S 1689, Vote 384, 10/15/03; Associated Press, 10/15/03] GENERAL FUNDING Robets Voted Against Withdrawing From Afghanistan By End Of 2014. In November 2012, XXXX voted against Merkley, D-Ore., amendment no. 3096 that would express the sense of Congress that security operations in Afghanistan should be transferred to the Afghanistan government by mid-summer 2013 and combat operations by U.S. troops should end no later than Dec. 31, 2014. The amendment was adopted by a vote of 62-33 (D 48-1; R 13- 31; I 1-1). [Vote 210, 11/29/12] XXXX Voted Against Iraq And Afghanistan Supplemental Appropriations. In July 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment to the bill that would provide $58.8 billion in supplemental funds for fiscal 2010, which would largely fund military operations in Iraq and Afghanistan. It also would provide $22.8 billion in additional domestic spending. [Vote 219, 7/22/10] XXXX Opposed Iraq And Afghanistan War Supplemental Funding, Disaster Funding, And Funding To Compensate Veterans Exposed To Agent Orange. In May 2010, XXXX voted against passage of the bill that would provide $58.8 billion in supplemental funds for fiscal 2010, including $33.5 billion for the Defense 142

Department for the addition of 30,000 troops in Afghanistan, $3.6 billion for Afghan and Iraqi security forces and $4.9 billion for Defense Department procurement. It would provide $94 million for recovery efforts related to the oil spill in the Gulf of Mexico. It would provide $5.1 billion for the Federal Emergency Management Agency to pay for costs of past disasters and $13.4 billion in mandatory funds to compensate Vietnam War veterans exposed to Agent Orange. [Vote 176, 5/27/10]  XXXX Opposed Iraq And Afghanistan War Supplemental Funding, Disaster Funding, And Funding To Compensate Veterans Exposed To Agent Orange. In May 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the committee-reported substitute that would provide $58.8 billion in supplemental funds for fiscal 2010, including $33.5 billion for the Defense Department for the addition of 30,000 troops in Afghanistan, $3.6 billion for Afghan and Iraqi security forces and $4.9 billion for Defense Department procurement. It would provide $5.1 billion for the Federal Emergency Management Agency to pay for costs of past disasters and $13.4 billion in mandatory funds to compensate Vietnam War veterans exposed to Agent Orange.” [Vote 171, 5/27/10] XXXX Supported Funding for Defense, the Wars, and a Pay Raise for the Troops. In December 2009, XXXX voted for a $636 billion Defense spending bill, the last of the fiscal 2010 appropriations measures. The bill would provide $508 billion for the Defense Department’s regular activities and $128.3 billion for war operations. It also contained a 3.4 percent pay raise for the military. The bill would appropriate $3.8 billion less for Defense programs than the president’s request but $11 billion more than the current level, which includes supplemental spending enacted in June. The bill passed 88-10. [CQ Today, 12/19/09; Vote 384, 12/19/09]  XXXX Voted Against Cloture on Funding for Defense, the Wars, and a Pay Raise for the Troops. In December 2009, XXXX voted against to invoking cloture on the bill (HR 3326) that would provide $508 billion for the Defense Department’s regular activities and $128.3 billion for war operations. Under the measure, the military would see a 3.4 percent pay increase, 0.5 percent more than the administration’s request. The motion to invoke cloture passed 63-33. [CQ Today, 12/18/09; Vote 381, 12/18/09] XXXX Supported Funding for Military Operations in Afghanistan and Iraq. In June 2009, XXXX voted for adopting the conference report on a $105.9 billion supplemental spending bill for military operations in Afghanistan and Iraq and pandemic flu preparations. The bill included $79.9 billion for defense funding, $10.4 billion for foreign aid and stabilization programs and $7.7 billion to address potential pandemic flu. It would provide $534.4 million for $500 per month in additional pay to military personnel in extended enlistments, $5 billion related to International Monetary Fund activities and $1 billion for a program to encourage consumers to trade in their cars for new, more fuel-efficient vehicles. It also would bar the use of funds in the bill to release detainees at Guantanamo Bay, Cuba, into the United States. The bill passed 91-5. [Vote 210, 6/18/09]  XXXX Voted for Funding for Military Operations in Afghanistan and Iraq. In May 2009, XXXX voted for the second fiscal 2009 war supplemental bill, a $91.3 billion measure. It would provide $73 billion for the Department of Defense, $6.9 billion for state and foreign operations and $1.5 billion to address potential pandemic flu. It would provide $5 billion in budget authority for about $108 billion in funding for new commitments to the International Monetary Fund. It also would bar the use of funds in the bill to release detainees at the detention facility at Guantanamo Bay, Cuba, into the United States. It would ban the disclosure of certain photographs related to the treatment of individuals detained by the U.S. military after Sept. 11, 2001 under the Freedom of Information Act. The bill passed 86-3. [Vote 202, 5/21/09] XXXX Voted For Supplemental Funding for War in Iraq, Unemployment Benefits, New GI Bill. In June 2006, XXXX voted for a war supplemental spending bill that would provide $165.4 billion for the wars in Iraq and Afghanistan and $21 billion for domestic spending, including a major expansion of veterans' education benefits, a 13-week extension of unemployment and Midwestern flood aid. The bill passed 92-6. [CongressNow, 6/26/08; Vote 162, 6/26/08] 143

XXXX Voted Against Funding for Iraq, Afghanistan with Non-Binding Withdrawal Language. In May 2008, XXXX voted against a supplemental appropriations bill that included $165 billion for emergency war spending for Iraq and Afghanistan. The amendment also included Iraq policy provisions from its war funding language, including a non-binding provision calling for the withdrawal of troops from Iraq by June 2009. The motion failed 34-63. [CQ Today, 5/22/08; Vote 138, 5/22/08] XXXX Voted for Funding for Iraq, Afghanistan. In May 2008, XXXX voted for a supplemental appropriations bill that included $165 billion for emergency war spending for Iraq and Afghanistan. The motion to concur passed 70-26. [CQ Today, 5/22/08; Vote 139, 5/22/08] XXXX Opposed Final FY08 Budget Resolution With War Funding. In May 2007, XXXX opposed $2.9 trillion Fiscal Year 2008 budget resolution, which included $145 billion for military operations in Iraq and Afghanistan. The resolution passed 52-40 despite GOP opposition. [Vote 172, 5/17/07; AP, 5/17/07] XXXX Opposed FY07 Budget Resolution That Assumed $145 Billion for the War Next Year. XXXX voted against Senate Democrats’ Fiscal Year 2008 budget resolution that included President Bush’s request for $145 billion for the war in Iraq and Afghanistan, although it did not include long-term spending estimates. The plan also envisioned an increase of 11 percent in total defense spending, including the cost of military operations in Iraq and Afghanistan. [Vote 114, 3/23/07; AP, 3/24/07; New York Times, 3/24/07; AP, 3/23/07] XXXX Opposed Across the Board Cut in Defense Spending. In April 2006, XXXX voted against an additional $1.9 billion for border security in the FY 2006 emergency spending bill by cutting non-construction Defense Department spending by 2.775% across the board, including cutting the $67.6 billion for military operations in Iraq and Afghanistan that was originally included in the spending bill. The amendment was adopted 59-39. [Vote 94, 4/26/06; National Journal’s CongressDaily, 4/26/06; CQ Today, 4/26/06] XXXX Supported $82 Billion in Funding for Military Operations in Iraq and Afghanistan. In May 2005, XXXX voted for legislation which included $82 billion in emergency supplemental spending for FY05, including funding for military operations, reconstruction and security in Iraq and Afghanistan, $1.28 billion for an American embassy in Baghdad, $660 million in Tsunami relief aid and contention immigration provisions including one that strengthens drivers license ID requirements. [HR 1268, 5/10/05, Vote 117] XXXX Supported Spending $592 Million on U.S. Embassy in Iraq. In 2005, XXXX voted for providing $592 million to build a new U.S. embassy in Iraq. The amendment XXXX supported would have instead provided $106 million to get the project started. [Vote 104, 4/20/05; New York Times, 4/22/05; CQ Today, 4/20/05] XXXX Opposed Requiring President Bush to Be Forthright About Cost of War. In 2005, XXXX opposed an amendment that called on President Bush to include war funding for Iraq and Afghanistan in annual budget requests, rather than using the emergency supplemental budget to fund the war. [Vote 96, 4/18/05] XXXX Refused to Roll Back Millionaire Tax Breaks to Help Fund War. In June 2004, XXXX voted against a proposal to roll back President Bush’s tax cuts for the wealthiest Americans in order to help fund the war in Iraq. The proposal was rejected 53-44. [Vote 130, 6/17/04; AP, 6/17/04] XXXX Voted For an $86.5 Billion Bill for Military Operations and Reconstruction in Iraq and Afghanistan. On October 17, 2003, XXXX voted for an $86.5 billion supplemental spending bill for military operations and reconstruction in Iraq and Afghanistan. The AP reported that the cost of the bill settled around $87 billion “after some last-minute tinkering - deleting nearly $1.9 billion that Bush wanted for such projects as creating Iraqi ZIP codes and adding $1.3 billion for veterans' health care.” At the time of the vote, Sen. Ted Stevens, R-Alaska, said, “Those who vote against this bill will be voting against supporting our men and women in the field. They're still in harm's way.” The vote was on passage of the FY 2004 Supplemental for Iraq and Afghanistan. The bill would provide $10.3 billion as a grant to rebuild Iraq, including $5.1 billion for security and $5.2 billion for reconstruction costs. It also would provide $10 billion as a loan that would be converted to a grant if 90 percent of all bilateral debt incurred by the former Iraqi regime of Saddam Hussein has been forgiven by other countries. Separate 144

provisions limited reconstruction aid to $18.4 billion. It also would provide approximately $65.6 billion for military operations and maintenance and $1.3 billion for veterans’ medical care. [S 1689, Vote 400, 10/17/03; Associated Press, 10/17/03] XXXX Voted Against Slashing Iraq Reconstruction Funding By More Than $500 Million. In October 2003, XXXX voted to kill a proposal to cut Iraq reconstruction funding by $600 million and, in turn, to increase funding for Afghanistan, Liberia and the Iraqi Civil Defense Corps. The proposal, which would have included $50 million for the Civil Defense Corps, was killed 55-43. [Vote 399, 10/17/03; Congressional Record, 10/17/03] XXXX Voted Against Reprioritizing Iraq Spending, Including Providing Additional $600 Million to Destroy Weapons in Iraq. In October 2003, XXXX voted to kill a proposal that would have cut $1.65 billion from Iraq reconstruction funds in order to provide $600 million to secure and destroy conventional weapons in Iraq; $386 million for Afghanistan reconstruction; $200 million for Liberia disaster relief and $519 million to repair military and Coast Guard facilities damaged by Hurricane Isabel. [Vote 396, 10/17/03; National Journal’s CongressDaily, 10/17/03] XXXX Voted Against Cutting $880 Million for Iraq Reconstruction to Increase AIDS Funding. In October 2003, XXXX voted to kill a proposal to use $880 million of the Iraq reconstruction funds in the $87 billion emergency spending bill instead to combat global HIV/AIDS. [Vote 394, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Rejected Call to Use Iraqi Oil Revenues to Fund Reconstruction. In October 2003, XXXX voted to kill a proposal to require that Iraqi oil revenues be used to pay for reconstruction in Iraq, rather than having U.S. taxpayers cover the cost. Republican critics of the amendment, which was rejected 39-57, portrayed the vote as a show of support for President Bush. “If we want to support the president’s efforts, we will vote against this amendment,” said Sen. Thad Cochran. [Vote 380, 10/14/03; Washington Times, 10/15/03]  XXXX Rejected Call to Use Iraqi Oil Revenues to Fund Reconstruction. In October 2003, XXXX voted to kill a proposal to promote the establishment of an Iraq Reconstruction Finance Authority and to tap Iraqi oil revenues to pay for reconstruction. [Vote 392, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Voted Against Requiring More International Aid to Iraq Before U.S. Aid Continues. In October 2003, XXXX voted to kill an amendment that would have barred future U.S. aid to Iraq beyond the $87 billion Fiscal Year 2004 emergency spending package unless President Bush certifies that foreign countries’ contributions would equal those by the United States. [Vote 391, 10/17/03; AP, 10/17/03] XXXX Voted Against Making $10 Billion in Iraq Reconstruction Funds a Loan Instead of a Gift. In October 2003, XXXX voted against an amendment to the $87 billion emergency war spending bill that made $10 billion in Iraq reconstruction funding in the form of a loan, to be repaid by the Iraqis. According to one Republican Senator, President Bush and Vice President Cheney were personally lobbying Senators to oppose the loan provision. One GOP critic argued, “They were going to open up 350 new schools in Iraq. That’s wonderful, but we’ve got schools closing in the U.S.” With six Republicans voting for the loan language, the amendment was adopted 51-47. [Vote 389, 10/16/03; Richmond Times Dispatch, 10/18/03; Rocky Mountain News, 10/18/03] XXXX Voted in Opposition of Plan to Allow $10.1 Billion in Iraq Funding Immediately, But Would Withhold Other Funding Until U.N. Took Control. On October 16, 2003, XXXX voted against an amendment that would have immediately appropriated half of the $20.3 billion requested by the president for Iraq reconstruction, but would have withheld the other half until the follow year, to be released only if the U.S. transferred control over Iraq to the U.N. The vote was on a Stevens, R-Alaska, motion to table (kill) the Byrd, D- W.Va., amendment (no. 1818) to the FY 2004 Iraq and Afghanistan supplemental, which would appropriate $5.1 billion in security funding immediately and up to $5 billion for Iraqi reconstruction funding before April 1, 2004. The remaining $10.2 billion in reconstruction funding could be released after April 1 as part of a separate appropriations bill -- but only if the U.N. had adopted a new resolution authorizing a multinational military force under U.S. leadership in Iraq, with U.N. leadership in political and economic reconstruction. The president also would be required to provide a detailed reconstruction plan that includes an estimated schedule for the transfer of 145

sovereignty to the Iraqi people and the withdrawal of troops. The AP reported that the proposal would “let Bush quickly spend the first half of the $20.3 billion but require him to get Congress' assent next year to spend the rest.” The motion to table was agreed to 57-42. [S 1689, Vote 385, 10/16/03; Associated Press, 10/16/03] XXXX Voted Against Striking $20.3 Billion in Grants for Iraq Reconstruction and Require Loans Instead. On October 14, 2003, XXXX voted against an amendment that would strike $20.3 billion in Iraqi reconstruction funding and require the Iraqis to borrow the money instead. The vote was on a Stevens, R-Alaska, motion to table (kill) the Dorgan, D-ND, amendment to the FY 2004 supplement spending bill for Iraq and Afghanistan, which would strike $20.3 billion in appropriations for Iraqi reconstruction funds and require the president to direct the head of the Coalition Provisional Authority in Iraq to establish an Iraq Reconstruction Finance Authority. The authority would be required to obtain financing for the reconstruction of Iraq's infrastructure through the issuance of securities and other financial instruments, and loans obtained on the open market from private banks and other international financial institutions. It also would require the authority to collateralize such financing with future revenue from its oil reserves to the maximum extent possible. The AP reported that President Bush had “proposed outright grants worth $20.3 billion for rebuilding Iraq's economy and government - money that many Democrats and some Republicans want to turn into loans instead.” The amendment was tabled 57-39. [S 1689, Vote 380, 10/14/03; Associated Press, 10/14/03] XXXX Voted Against Shifting $5 Billion From Iraq Reconstruction to Domestic Programs. In October 2003, XXXX voted against shifting $5 billion in proposed Iraqi reconstruction aid to popular domestic programs. The amendment, which was rejected 35-59, would have used the money to improve U.S schools, fund transportation projects, provide services to veterans and create new jobs. [Vote 379, 10/14/03; Grand Rapid Press, 10/15/03; AP, 10/15/03] XXXX Refused to Roll Back Tax Breaks for the Wealthiest Americans to Help Fund War. In October 2003, XXXX voted to kill a proposal that would have raised $87 billion for the war in Iraq by rolling back the Bush tax cuts for Americans with incomes over $312,000. [Vote 373, 10/2/03; Washington Post, 10/3/03] XXXX Rejected Bid to Cut $15 Billion for Reconstruction. In October 2003, XXXX voted to keep the full $20.3 billion for Iraq reconstruction in the Fiscal Years 2004 emergency spending bill, killing an amendment that would have redirected all but $5.1 billion of that amount for training and equipping Iraqi defense and security forces. [Vote 371, 10/1/03; AP, 10/1/03] XXXX Voted To Provide $600 Million For Food Assistance For The People Of Iraq. XXXX supported an amendment that would appropriate $600 million for food assistance for the people of Iraq. [S 762, Vote 124, 4/3/03] XXXX Voted for Budget With Nonbinding $100 Billion War Reserve. XXXX voted for the Senate Republicans’ Fiscal Year 2004 budget resolution included a $100 billion reserve fund for the cost of the war with Iraq. Since it was in the budget resolution the call for the reserve fund did not carry the force of law. The budget passed 56-44. [Vote 108, 3/26/03; New York Times, 3/27/03] XXXX Voted Against Prioritizing War Costs Over Tax Breaks for the Wealthy. During debate on the Fiscal Year 2004 budget resolution, XXXX voted against the Blue Dog alternative, which would have delayed tax cuts for the wealthiest Americans to alleviate the cost of the war. [Vote 95, 3/25/03; CQ, 3/25/03] XXXX Voted Against Redirecting $100 Billion from Bush Tax Cuts to War Funding. During debate over President Bush’s proposed $726 billion tax cut in March 2003, XXXX voted against a plan to shave $100 billion from the tax cuts and use it to pay for the war in Iraq. Supporters of the amendment said it was inappropriate for Congress to pass a budget that failed to account for the cost of the war. [Vote 67, 3/21/03; Baltimore Sun, 3/22/03] BUDGET PROCESS 146

XXXX Voted for Final FY06 Budget Resolution That Ignored Cost of War. XXXX voted for the final version of the Republicans’ $2.56 trillion Fiscal Year 2006 budget resolution, which passed 52-47, provided over $100 billion in tax cuts over five years while ignoring the cost of the war in Iraq. [Vote 114, 4/28/05; New York Times, 4/29/05] XXXX Opposed Amendment Urging President Bush to Detail Cost Estimate for Military Operations in Iraq & Afghanistan. In 2005 XXXX opposed an amendment that would express the sense of the Senate that any funds for ongoing military operations overseas, including those in Afghanistan and Iraq, should be included in the president's annual budget request and urge the president to detail cost estimates for ongoing overseas military operations by Sept. 1, 2005. [HR 1268, Vote 96, 4/18/05] XXXX Voted to Adopt Risky FY06 Budget Resolution That Ignored Cost of War. XXXX voted for the Republicans’ Fiscal Year 2006 budget resolution, which passed 51-49. The resolution provided more tax cuts for the wealthy and failed to include the cost of the war in Iraq. [Vote 81, 3/17/05; Telegram & Gazette, 3/18/05] XXXX Voted Against Hiding the Cost of the Iraq War by Removing Funding from the Budget. In June 2004, XXXX voted for an amendment that would express the sense of the Senate that any funds for ongoing military operations overseas, including those in Iraq and Afghanistan, should be included in the president's annual budget request and that such funds, when allocated in appropriations bills, should be placed in specific accounts. [HR 4613, Vote 147, 6/24/04] XXXX Passed Risky Budget Resolution That Ignored War Costs. In March 2004, XXXX voted for a $2.36 trillion budget resolution that included large tax cuts targeted towards the wealthiest Americans while ignoring the ongoing cost of Iraq reconstruction altogether. [Vote 58, 3/12/04; AP, 3/12/04; Washington Times, 3/13/04] XXXX Voted Against a Senate Approval on Funds for Iraq. In October 2003, XXXX voted against an amendment that would prohibit the use of funds in the bill for the Coalition Provisional Authority (CPA) in Iraq unless the authority's administrator has been appointed by the president with the consent of the Senate. [HR 2800, 10/28/03, Vote 414] XXXX Voted Against Asking Bush for Monthly War Reports. In July 2003, XXXX voted against requiring the Bush administration to report monthly on the costs of the Iraq war. The reports would have included cost, personnel levels, the involvement of other countries, casualty figures and all reconstruction contracts above $10 million. [Vote 281, 7/16/03; New York Times, 7/17/03; Washington Post, 7/17/03] XXXX Refused to Ask Bush for War Cost Estimates. In July 2003, XXXX killed a proposal that would have required the President to include an Iraq spending estimate in his Fiscal Year 2004 Pentagon budget. The vote came soon after the administration acknowledged that the Iraq effort was costing $3.9 billion a month. [Vote 278, 7/16/03; New York Times, 7/17/03] XXXX Voted Against Sense of Senate That Bush Should Submit Plan on How to Raise Revenues to Offset Costs of War in Iraq. On April 3, 2003, XXXX voted against an amendment that would have required Bush to submit his spending program before approving funds for Iraq. The amendment’s sponsor, Sen. Hollings, expressed concern about mounting deficits and said, “This sense of the Senate merely says to the President: You submit your program. And if you don't, we have tax revenues to pay for this war.” [S 762, Vote 121, 4/3/03; Hollings Floor Statement, CR page, S4781, 4/3/03] XXXX Voted for Budget that Failed to Include 2003 War Spending. In March 2003, XXXX voted against the Democratic alternative to the Fiscal Year 2004 budget resolution. The substitute provided funding for the war supplemental and provided for a balanced budget in the future by rolling back President Bush’s proposed tax cuts. The Republican budget included no funding for the war. [Vote 83, 3/25/03; Congressional Record, 3/25/03; Congressional Record, 3/17/03] 147

XXXX Refused to Hold Bush Tax Cuts Until Getting a War Cost Estimate. In March 2003, XXXX voted against blocking President Bush’s proposed 2003 tax cuts, and any new spending unrelated to the war or homeland security, until after Bush revealed how much he thought the war and its aftermath will cost. [Vote 57, 3/18/03; AP, 3/18/03] CIVIL WAR ASSESSMENT XXXX Voted Against Having Bush Administration Assess Whether Iraq Had Fallen Into a Civil War. In 2006, XXXX voted against requiring the Secretary of Defense and the Secretary of State to provide Congress with an assessment of whether civil war has broken out in Iraq and a strategy to protect U.S. troops from such a conflict. [Vote 233, 9/6/06; CQ Today, 9/6/06] CONTRACTING, WASTE, FRAUD, AND ACCOUNTING XXXX Voted Four Times Against Truman Commission. In 2005 and 2006, XXXX voted four times against establishing a committee to investigate the awarding and carrying out of federal contracts for Iraq, Afghanistan and the war on terrorism. [Vote 228, 9/14/05; Vote 259, 10/19/05; Vote 176, 6/20/06; Vote 316, 11/10/05]  XXXX Voted Against Investigating Waste and Fraud in Iraq Contracts. In June 2006, XXXX voted to kill a proposal to establish a special committee in the U.S. Senate, modeled after the Truman Committee, to exercise oversight over contracting abuses related to reconstruction in Iraq and Afghanistan. [Vote 176, 6/20/06; New York Times, 6/20/06]  XXXX Voted Against Committee to Investigate Waste and Fraud in Iraq. In September 2005, XXXX voted against establishing a special committee to investigate the awarding and carrying out of contracts in Iraq and Afghanistan. The proposal was rejected 53-44. [Vote 228, 9/14/05]  XXXX Voted Against Committee to Investigate Waste and Fraud in Iraq Contracts. In October 2005, XXXX voted to kill a proposal that would have established a special committee, modeled after the WWII Truman Committee, to investigate the awarding and carrying out of contracts in Iraq and Afghanistan. [Vote 259, 10/19/05; CQ Today, 10/19/05]  XXXX Voted Against Committee to Investigate Waste and Fraud in Iraq Contracts. In November 2005, XXXX voted to kill a proposal to establish a special committee to investigate the awarding and carrying out of contracts in Iraq and Afghanistan. [Vote 316, 11/10/05; CQ Today, 11/10/05] XXXX Voted Against Strengthening Accountability Laws for Iraq Contracts. In 2006, XXXX voted to continue to allow monopoly contracts and waste, fraud and abuse in defense contracts in Iraq. [Vote 169, 6/14/06; CQ Today, 6/14/06] XXXX Opposed Harsh Penalties for War Profiteering. In June 2006, XXXX voted to kill a proposal to crack down on war profiteers by imposing harsh new penalties of up to 20 years in prison and at least $1 million in fines for such abuses. Republicans killed the plan 55-43. [Vote 169, 6/14/06; Dayton Press Release, 6/14/06] XXXX Voted to Protect War Profiteers. In June 2004, XXXX voted to kill a measure that would have cracked down on war profiteering by making it a new federal crime subject to up to 20 years in prison. [Vote 120, 6/16/04; AP, 6/16/04] XXXX Killed Bid to Give Congress More Oversight Over Iraq Reconstruction Spending. In October 2003, XXXX voted to kill a proposal that would have given Congress more control over Iraq spending. The proposal Republicans rejected would have eliminated the flexibility given to President Bush to reallocate all of the $20.3 billion Iraq Relief and Reconstruction Funds without congressional approval. [Vote 398, 10/17/03] 148

XXXX Voted to Allow Iraq Contractors, Including Halliburton, To Continue Paying Top Bush Administration Officials. In October 2003, XXXX voted to kill an amendment that would cut off Iraq reconstruction contracts for any company that has financial ties to the president, vice president or any Cabinet member. Specifically, the amendment was targeted at Halliburton, which had already received $1.4 billion to restore Iraq’s oil industry while continuing to make severance payments to Vice President Cheney. [Vote 386, 10/16/03; AP, 10/16/03; NPR, “Morning Edition,” 10/17/03] XXXX Killed Plan to Provide Oversight For Iraq Reconstruction Spending. In October 2003, XXXX voted to kill a proposal that would have allowed President Bush to quickly spend the first half of the $20.3 billion for reconstruction in the Fiscal Year 2004 emergency spending bill, while requiring him to get Congressional approval before spending the rest in 2004. [Vote 385, 10/16/03; AP, 10/16/03] XXXX Voted to Require Bids For Reconstruction of Iraq to Comply With Competition in Contracting Act. In 2003, XXXX voted for an amendment that would require the Defense Department to comply with the Competition in Contracting Act when soliciting bids and awarding contracts related to the reconstruction of Iraq. [S 1050, Vote 193, 5/22/03] NATIONAL GUARD AND RESERVES XXXX Voted to Kill $1 Billion in Equipment Funding For Troops. Just weeks after the Iraq war began, XXXX voted to kill a proposal to provide $1 billion for National Guard and Reserve equipment. The funding proposal was rejected 52-47. [Vote 116, 4/2/03; AP, 4/2/03] XXXX Voted Against Limiting Involuntary Deployments of National Guard & Reservists. In October 2003, XXXX voted to kill a proposal that would have barred the involuntary deployment of National Guard and Reserves soldiers to Iraq if they have already been involuntarily deployed for more than six months in the last six years. [Vote 397, 10/17/03; Congressional Record, 10/17/03] XXXX Voted to Reimburse Federal Employees in the National Guard Serving in Iraq for Lost Wages. On October 17, 2003, XXXX voted for an amendment that would reimburse federal employees in the National Guard serving in Iraq for lost wages. The vote was on a Durbin, D-Ill., amendment (no. 1837) to the FY 2004 Supplemental for Iraq and Afghanistan. The Durbin amendment would require that federal employees who took leave without pay in order to perform certain services as a member of the uniformed service or the National Guard, be reimbursed for the difference between their salary and the pay and allowances they receive while on duty. [S 1689, Vote 390, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Refused to Lower Retirement Age for National Guard & Reservists. In October 2003, XXXX voted to kill a proposal to reduce the retirement age for members of the National Guard and Reserve from 60 to 55, allowing 92,000 reservists to retire with full benefits immediately and creating more equity between reservists and civilians. The proposal was defeated 49-47. [Vote 381, 10/15/03; Congressional Record, 10/15/03] XXXX Voted Against Increasing Strength of Army By 10,000. In October 2003, XXXX voted to kill a proposal to expand the size of the U.S. Army by 10,000 soldiers. Supporters of the amendment, which was adopted 52-45 and would cost $409 million over several years, argued that more active duty troops were needed to lessen the budget on National Guard and Reserve soldiers. [Vote 382, 10/15/03; Omaha World Herald, 10/16/03] XXXX Voted Against Limiting National Guard Deployments. In July 2003, XXXX voted to kill a proposal to limit the overseas missions of National Guard and Reserve forces to six months, once a year. [Vote 277, 7/15/03; AP, 7/15/03] ARMOR XXXX Voted Against $361 Million for Armored Humvees. In 2005, XXXX voted against increasing funding for the procurement of Army Tactical Wheeled Vehicles in Iraq and Afghanistan by $360.8 million. A Senate aide said 149

that the money would go toward add-on armor kits for existing Humvees and new armored trucks for troop and cargo transport. [Vote 248, 10/5/05; Defense Daily, 10/5/05] XXXX Voted Against $213 Million for Armored Humvees. In 2005, XXXX voted against providing an additional $213 million for procurement of Army Humvees. [Vote 108, 4/21/05; CQ Today, 4/21/05] XXXX Opposed Funding $322 Million For Protective Gear For Troops. In October 2003, XXXX voted against a proposal to take $322 million from Iraqi prison building and witness protection funds and use it for vests and other protective gear for troops. [Vote 376, 10/2/03; CQ Today, 10/2/03] HEALTH CARE XXXX Voted Against $610 Million Funding Hike for Troop Health Care. In 2005, XXXX voted against increasing funding for the health care needs of U.S. service members deployed in Iraq and Afghanistan by $610 million. The same amendment XXXX opposed would have increased funding for veterans’ health care, and it was strongly supported by the Disabled Veterans of America, who said the funding was “urgently needed to stem the flow of red ink that threatens health care for today’s veterans and thousands of men and women injured and disabled during the war in Iraq and Afghanistan.” [Vote 89, 4/12/05; Disabled Veterans of America Release, 4/14/05] XXXX Voted Against $10 Million for Readjustment Counseling for Returning Soldiers. In 2005, XXXX voted against providing an additional $10 million for the Readjustment Counseling Service to ensure soldiers returning from the war in Iraq and Afghanistan can receive treatments. [Vote 242, 9/22/05; Tulsa World, 9/25/05] Note: The funding would have been offset by a $10 million cut from the HealthVet technology budget. MILITARY COMMANDERS XXXX Gave Bush Free Reign in Appointing CPA Administrator. In October 2003, XXXX voted against a proposal to require the head of the Coalition Provisional Authority to be appointed by the President with the advice and consent of the Senate. The amendment, which was rejected 44-53, would have barred the CPA in Iraq from spending money without Senate confirmation of its top administrator. [Vote 414, 10/28/03; CQ Today, 10/28/03] XXXX Killed Proposal to Put CPA Under State Department Control. In October 2003, XXXX voted to kill a proposal that would have transferred authority of the Coalition Provisional Authority in Iraq from the Defense Department to the State Department. Supporters of the transfer argued that the Pentagon “is better suited for military planning, while the State Department is trained to work at nation building.” [Vote 374, 10/2/03; States News Service, 10/3/03] XXXX Voted Against A Measure to Transfer Control of Postwar Iraq from the Defense Department to the State Department. On October 2, 2003, XXXX voted for a motion to kill the Leahy, D-VT, amendment that would remove the Coalition Provisional Authority in Iraq from Defense Department control and place it under the jurisdiction of the State Department. The motion to table the amendment was agreed to 56-42. [S 1689, Vote 374, 10/2/03] AMNESTY XXXX Supported Weak Alternative to Resolution Opposing Amnesty for Iraqi Insurgents. In June 2006, the Iraqi government reportedly proposed amnesty for insurgents who attacked U.S. troops only to backtrack once the story broke in the U.S. Trying to blunt a resolution opposing any such amnesty plan, XXXX supported a measure that recognized Iraq as a sovereign nation and praised the Iraqi government for saying it had no plan for an amnesty of those who had attacked Americans. [Vote 177, 6/20/06; San Francisco Chronicle, 6/21/06; Washington Times, 6/21/06] 150

COALITION XXXX Voted Against Barring Future U.S. Aid to Iraq Unless Foreign Countries’ Contributions Were Equal to Those From the U.S. On October 17, 2003, XXXX voted for a motion to table an amendment that would bar future U.S. aid to Iraq (beyond the funding in the underlying bill) unless President Bush certified that foreign countries’ contributions were equal to those by the United States. The vote was on a Stevens, R-Alaska, motion to table (kill) the Daschle, D-S.D., amendment (no. 1854) to the FY 2004 supplement for Iraq and Afghanistan, which would require the president to certify that future appropriations which exceeded the amount in the bill were equal to or exceeded by contributions by the international community. The requirement could be waived if the president provided a report to Congress that determined the funding was in the national security interests of the United States. The motion to table was agreed to 55-44. [S 1689, Vote 391, 10/17/03; Associated Press, 10/17/03] XXXX Voted in Opposition of Plan to Allow $10.1 Billion in Iraq Funding Immediately, But Would Withhold Other Funding Until U.N. Took Control. On October 16, 2003, XXXX voted against an amendment that would have immediately appropriated half of the $20.3 billion requested by the president for Iraq reconstruction, but would have withheld the other half until the follow year, to be released only if the U.S. transferred control over Iraq to the U.N. The vote was on a Stevens, R-Alaska, motion to table (kill) the Byrd, D- W.Va., amendment (no. 1818) to the FY 2004 Iraq and Afghanistan supplemental, which would appropriate $5.1 billion in security funding immediately and up to $5 billion for Iraqi reconstruction funding before April 1, 2004. The remaining $10.2 billion in reconstruction funding could be released after April 1 as part of a separate appropriations bill -- but only if the U.N. had adopted a new resolution authorizing a multinational military force under U.S. leadership in Iraq, with U.N. leadership in political and economic reconstruction. The president also would be required to provide a detailed reconstruction plan that includes an estimated schedule for the transfer of sovereignty to the Iraqi people and the withdrawal of troops. The AP reported that the proposal would “let Bush quickly spend the first half of the $20.3 billion but require him to get Congress' assent next year to spend the rest.” The motion to table was agreed to 57-42. [S 1689, Vote 385, 10/16/03; Associated Press, 10/16/03] XXXX Voted For A Resolution Commending Nations In The Coalition To Disarm Iraq. On March 27, 2003, XXXX voted to commend the nations participating with the U.S. in military action in Iraq. The vote was on a concurrent resolution that would express the sense of Congress to commend and thank nations participating in a coalition to disarm Iraq. [S Con Res 23, Vote 109, 3/27/03] XXXX Voted to Urge President Bush to Request NATO Peacekeeping Force for Iraq, and Greater UN Involvement. On July 10, 2003, XXXX voted for the Biden, D-DE, amendment to the FY 2004 State Department Reauthorization bill. The Biden amendment would express the sense of Congress that it is in the national security interests of the United States to stay in Iraq to ensure peace, stability and a representative government. It would also urge the president to request NATO to form a peacekeeping force and urge the president to ask the United Nations and its member states to provide military forces and civilian police for stability and security. [S 925, Vote 271, 7/10/03] XXXX Voted Against UN Inspections in Iraq, Prior to Invasion. In October 2002, XXXX voted against an amendment that would authorize of the use of force against Iraq pursuant to the adoption of a United Nations resolution that demands that Iraq allow unrestricted access to U.N. weapons inspectors and authorizes the use of military force by U.N. members to enforce the resolution, as well as Iraq's failure to comply with such a resolution. It also would provide that Congress not adjourn sine die and return to session at any time to promptly consider proposals related to Iraq if the United Nations fails to adopt such a resolution. The underlying substitute amendment would authorize the use of force against Iraq and require the administration to report to Congress that diplomatic options have been exhausted before, but not more than 48 hours, after action would begin. The president would also be required to submit a progress report to Congress at least every 60 days. [S J Res 45, Vote 235, 10/10/02] MEDALS AND RECOGNITION 151

XXXX Voted to Create Military Medals for Iraq and Afghanistan. In May 2004, XXXX voted for a bill that would provide for the establishment of separate campaign medals to be awarded to members of the military who participate in operations in Iraq or Afghanistan. [HR 3104, Vote 96, 5/18/04] XXXX Voted to Begin Awarding Global War on Terrorism Medal to Troops Serving in Operation Iraqi Freedom. On October 16, 2003, XXXX voted for an amendment that called for the Secretary of Defense to begin awarding the Global War on Terrorism Medal to members of the armed forces serving in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The vote was on a McConnell, R-Ky., amendment (no. 1874) to the FY 2004 Supplemental for Iraq and Afghanistan. The McConnell amendment would express the sense of the Senate that the Defense Secretary should, on an expedited basis, issue necessary regulations to implement and begin awarding the Global War on Terrorism Medal to members of the armed forces serving in those three operations. [S 1689, Vote 387, 10/16/03] XXXX Rejected Iraqi Liberation Medal for Troops on the Front Lines. In October 2003, XXXX voted against creating an Iraqi Liberation Medal. The amendment, which the Defense Department opposed, was rejected 48-47. [Vote 378, 10/14/03; Santa Fe New Mexican, 10/15/03] XXXX Voted to Thank U.S. Troops in Iraq and Afghanistan and Express Condolences to Families of Troops Killed or Injured. On October 2, 2003, XXXX voted to thank U.S. troops serving in Iraq and Afghanistan, and to extend condolences to the families of those who had been killed or injured. The vote was on a McConnell, R-KY, amendment (no. 1795) to the FY 2004 Supplemental for Iraq and Afghanistan. The McConnell amendment would express the sense of the Senate thanking U.S. troops serving in Iraq and Afghanistan and extending condolences to the families of those who have been killed or injured. [S 1689, Vote 372, 10/2/03] MISCELLANEOUS XXXX Voted To Allow Reward if Bin Laden Captured Dead or Alive. In July 2007, XXXX voted for amendment that placed a $50 million reward for the "the capture or death or information leading to the capture or death" of bin Laden. The amendment replaced language authored by Senator Byron Dorgan that did not include the provision for allowing the award in the event of bin Laden’s death. [Vote 247, 7/13/07; Weekly Standard, 7/23/07] XXXX Voted to Use Federal Funds for War Public Relations. In September 2006, XXXX voted to kill a proposal that would have barred the use of federal funds to promote positive coverage of the war in Iraq through media outlets in the region. The motion was killed 51-44. [Vote 236, 9/7/06; Menendez Press Release, 9/7/06] XXXX Voted Against a Timely Report to Congress on the Progress in Iraq. In June 2004, XXXX voted against an amendment that would require that no later than 30 days after the bill's enactment the president submit an unclassified report to Congress on the strategy of the United States regarding stabilization and rebuilding in Iraq, an estimate on the number of U.S. troops that will be serving in Iraq as of December 31, 2005, and the percentage of such forces that will be members of the National Guard and Army Reserves. [S 2400, Vote 138, 6/23/04]  XXXX Proposed to Delay a Required a Report to Congress on the Progress of Iraq. In June 2004, XXXX proposed and voted for amendment that would require that no later than 120 days after the bill's enactment the President submit an unclassified report to Congress on the strategy of U.S. and coalition forces in Iraq regarding stabilization and rebuilding. [S 2400, Vote 137, 6/23/04] XXXX Voted to Deny Media Coverage of the Return of Military Coffins to the United States. In June 2004, XXXX voted for an amendment that would express the sense of Congress that the Defense Department policy prohibiting media coverage of the return to the United States the remains of armed forces members who died overseas appropriately protects the privacy of their families and friends and is consistent with the Constitution's guarantees of freedom of speech and press. [S 2400, Vote 131, 6/21/04]  XXXX Voted Again to Deny Media Coverage of the Return of Military Coffins to the United States. In June 2004, XXXX voted against an amendment that would require that no later than 60 days after 152

enactment of the underlying bill, the Defense secretary develop a protocol that permits media coverage of the return to the United States of coffins containing the remains of members of the armed forces who died overseas. The protocol would be required to ensure the preservation of the dignity of the occasion of the return and the confidentiality of the members' identity. [S 2400, Vote 132, 6/21/04] XXXX Voted to Urge All Countries to Forgive Debt From Loans to Saddam Hussein’s Regime. On October 16, 2003, XXXX voted to urge all countries to forgive Iraq’s debt from loans to the Iraqi regime of Saddam Hussein. The vote was on a Nickles, R-Okla., amendment (no. 1876) to the FY 2004 Supplemental for Iraq and Afghanistan. The Nickles amendment would express the sense of the Senate that all countries that hold debt from loans to the former Iraqi regime of Saddam Hussein should be urged to forgive their debt. [S 1689, Vote 388, 10/16/03] XXXX Voted to Hold Iraq Forces Accountable for Abuse of US Soldiers. In April 2003, XXXX voted for a resolution that would express outrage at the treatment of American prisoners of war by Iraqi forces, note the expectation that they be allowed to meet with the Red Cross and state that those mistreating U.S. prisoners will be held accountable. [S Con Res 31, Vote 129, 4/9/03] 153

XXXX Voted To Maintain Saturday Postal Service. In April 2012, XXXX voted for passage of the bill that would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. It also would delay for two years a cost- savings plan to eliminate Saturday postal deliveries. As amended, it would establish limits on the compensation of executives of the Postal Service. It would direct the postmaster general to maintain overnight delivery for some first-class mail for the next three years. It also would allow the operation of only one post office on each side of the Capitol complex. The measure was passed by a vote of 62-37 (D 47-4; R 13-33; I 2-0). [Vote 82, 4/25/12] XXXX Voted Not To End Saturday Delivery Service By Postal Service. In April 2012, XXXX voted against Corker, R-Tenn., amendment no. 2083 to the Lieberman, I-Conn., substitute amendment no. 2000. The Corker amendment would allow the Postal Service to transition immediately to a delivery service of five days per week. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The amendment was rejected by a vote of 29-70 (D 0-51; R 29-17; I 0-2). [Vote 74, 4/24/12] XXXX Voted To End Saturday Delivery By Postal Service. In April 2012, XXXX voted against Udall, D-N.M., amendment no. 2043 to the Lieberman, I-Conn., substitute amendment no. 2000. The Udall amendment would strike provisions in the bill that would allow for reducing delivery service to five days a week starting two years from the date of the bill's enactment. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The measure was rejected by a vote of 43-56 (D 41-10; R 1-45; I 1-1). [Vote 72, 4/24/12] XXXX Voted To Restrict Union Dues From Postal Employees. In April 2012, XXXX voted in favor of DeMint, R-S.C., amendment no. 2046 to the Lieberman, I-Conn., substitute amendment no. 2000. The DeMint amendment would bar the use of union dues paid by Postal Service employees for purposes other than collective bargaining and similar activities without an annual certification. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The amendment was rejected by a vote of 46-53. [Vote 81, 4/25/12] XXXX Voted Not To Prohibit Collective Bargaining By Postal Service Employees. In April 2012, XXXX voted against Paul, R-Ky., amendment no. 2039 to the Lieberman, I-Conn., substitute amendment no. 2000. The Paul amendment would prohibit collective bargaining by Postal Service employees. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The amendment was rejected by a vote of 23-76 (D 0-51; R 23-23; I 0-2). [Vote 79, 4/25/12] XXXX Voted Against Moratorium On Post Office Closures. In April 2012, XXXX voted against Manchin, D- W.Va., amendment no. 2079 to the Lieberman, I-Conn., substitute amendment no. 2000. The Manchin amendment would place a two-year moratorium on the closure of post offices and mail processing facilities. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The amendment was rejected by a vote of 43-53 (D 38-12; R 4-40; I 1-1). [Vote 77, 4/25/12] XXXX Voted To Restrict Workers’ Compensation For Postal Employees. In April 2012, XXXX voted against Akaka, D-Hawaii, amendment no. 2034 to the Lieberman, I-Conn., substitute amendment no. 2000. The Akaka amendment would strike provisions in the bill restricting workers' compensation and replace them with adjustments to laws governing federal employees. It would allow payments of certain benefits in the event of terrorism incidents. It also would allow payments of up to $6,000 for funeral expenses in the event of death of certain federal employees. The substitute would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. The measure was rejected by a vote of 46-53 (D 44-7; R 1-45; I 1-1). [Vote 73, 4/24/12] XXXX Voted To Block Plan To Delay Termination Of Saturday Delivery By Postal Service. In April 2012, XXXX voted for a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the 154

bill that would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. It also would delay for two years a cost-savings plan to eliminate Saturday postal deliveries. The motion was rejected by a vote of 74-22 (D 0-51; R 45-1; I 0-2). In March 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D- Nev., motion to proceed to the bill that would allow the Postal Service to recoup about $11 billion in overpayments to a retirement account and use the money to provide financial incentives to some 100,000 employees to retire. It also would delay for two years a cost-savings plan to eliminate Saturday postal deliveries. The motion was rejected by a vote of 51-46. [Vote 66, 4/24/12; Vote 60, 3/27/12] 155

HEALTH CARE AND MEDICARE HIGHLIGHTS  XXXX voted against the Affordable Care Act, a landmark overhaul of our nation’s health insurance system that cracked down on insurance companies and expanded access to health insurance. XXXX repeatedly voted to repeal the Affordable Care Act.  In 2003, XXXX voted for Medicare’s prescription drug benefit, which was a $16 trillion unfunded liability on the federal government. McConnell was also one of only 21 senators who voted to “narrow the benefits” of the prescription drug measure by providing seniors with a discount card instead of a benefit.  At the same time, XXXX opposed allowing the federal government to negotiate drug prices with insurance companies giving a “pure giveaway” to drug companies.  XXXX repeatedly voted against efforts to close the donut hole coverage gap in Medicare prescription drug coverage, and then voted to re-open the Medicare prescription drug coverage gap and increase costs for seniors.  XXXX voted against allowing reimportation of prescription drugs from Canada seven times.  In 1997, XXXX voted to increase the Medicare eligibility age from 65 to 67. THE XXXX RECORD HEALTH CARE REFORM XXXX Voted Against Health Care Reconciliation Package Including Federal Student Loan Reform. In March 2010, XXXX voted against passage of the bill that would make changes to the 2010 health care overhaul law, revise student loans programs and include revenue-raising provisions. It would increase federal subsidies to help low- and moderate-income families purchase coverage through new health insurance exchanges established by the overhaul measure, phase out the coverage gap for Medicare prescription drug enrollees and adjust the federal matching funds for Medicaid. It would increase penalties levied on employers that do not offer health benefits and change the formula used to calculate penalties on employers with workers who obtain subsidies to obtain health insurance through the exchanges. It would freeze Medicare Advantage payments in 2011 and then re-formulate payments according to local costs. It also would specify that in all states, the federal government would cover 100 percent of the cost of coverage to newly eligible Medicaid recipients from 2014 to 2016. It would delay for five years, until 2018, the effective date of a tax on high-cost health plans and adjust the dollar amounts used to determine who would be affected by the tax. It would repeal a provision to allow the cellulosic biofuels producer credit to be claimed by producers of certain paper products. It also would make the federal government the sole originator of federal student loans and direct the savings generated to education programs, including Pell grants. It would shift all new federal student lending to the Direct Loan Program beginning July 1, 2010. It would increase the maximum annual Pell Grant scholarship to $5,975 in 2017 and provide $2.6 billion for minority-serving institutions. The bill passed 56-43. [Vote 105, 3/25/10] XXXX Voted Against Passage of a Landmark Overhaul of the Nation’s Health Insurance System. In December 2009, XXXX voted against a bill that would overhaul the nation’s health insurance system and require most individuals to buy health insurance by 2014. The bill passed by the Senate: Expands Medicaid to cover families earning up to 133 percent of the federal poverty line; Establishes “exchanges” to serve as marketplaces for uninsured people to buy individual coverage; Restricts insurance coverage of abortion to mimic existing federal laws; Establishes a system of national, private insurance plans supervised by the Office of Personnel Management; Bars insurers starting in 2014 from denying coverage based on pre-existing medical conditions, or from cancelling 156

policies for those who fall ill; Includes a “medical loss ratio” (MLR) requirement; Mandates insurance on employers and individuals: People would be required to have insurance or pay a penalty starting in 2014 and companies with more than 50 people would face a requirement to help provide coverage; Authorizes nearly a half- trillion dollars in cuts to Medicare provider payments over the next decade, in order to fund other programs; Would raise $150 billion over a decade by taxing high-cost insurance plans. The bill passed 60-39. [CQ Today, 12/24/09; Vote 396, 12/24/09]  XXXX Stood Against Health Care Reform At Every Turn: In December 2009, XXXX voted against a motion to invoke cloture on the health care reform bill. The amendment was adopted 60-39. [Vote 395, 12/23/09] In December 2009, XXXX voted against the substitute amendment to the health care reform bill. The amendment was adopted 60-39. [Vote 394, 12/23/09] In December 2009, XXXX voted against invoking cloture, or limiting debate, on the substitute amendment to the health care reform bill. The motion to invoke cloture passed 60-39. [Vote 388, 12/22/09] In December 2009, XXXX voted against adopting Senate Majority Leader Reid’s manager’s amendment to the health care reform bill. The amendment was adopted 60-39. [Vote 387, 12/22/09] In December 2009, XXXX voted against limiting debate on a wide-ranging amendment to the health care reform bill. The motion to invoke cloture passed 60-40. [Vote 385, 12/21/09] In November 2009, XXXX voted against a motion to begin debating a health care system overhaul plan. The Senate legislation that Majority Leader Harry Reid assembled combined features of bills (S 1679, S 1796) approved by the Health, Education, Labor and Pensions Committee and the Finance Committee. The motion passed along party lines, 60-39. [CQ Today, 11/21/09; Vote 353, 11/21/09] XXXX Voted to Tighten Restrictions on Abortion in the Health Overhaul Bill. In December 2009, XXXX voted to tighten restrictions for funding of abortions in a health overhaul bill. The vote would kill an amendment by Democrat Ben Nelson and Republican Orrin Hatch that would have matched House-passed language limiting coverage of abortions – the so-called Stupak amendment. The amendment would have prohibited insurance plans participating in the state-run insurance exchanges created by the bill from providing coverage of abortion services except in cases of rape or incest or when the woman’s life is in danger. It also stated that no insurance plan participating in the exchanges can discriminate against any health care provider or facility because of its unwillingness to provide, cover or refer abortions. The amendment was tabled 54-45. [CQ Today, 12/08/09; Vote 369, 12/08/09] XXXX Voted Against Exempting Businesses of Less Than 25 Employees From Tax Compliance In Health Care Reform Bill And Small Business Tax and Lending Provisions. In September 2010, XXXX voted against a Motion to invoke cloture (thus limiting debate) on the Nelson, D-Fla., amendment no. 4595 to the Baucus, D- Mont., and Landrieu, D-La., substitute amendment no. 4594. The Nelson amendment would exempt businesses with fewer than 25 employees from the tax compliance provision in the 2010 health care overhaul law and would raise the reporting threshold for the remaining companies from $600 to $5,000. It also would exempt credit card purchases and give the Treasury Department more flexibility in implementing the reporting requirements. It would be offset by eliminating a 6-percent tax deduction for certain oil companies. The substitute would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly, and authorize a small-business lending fund. The cloture motion was rejected 56-42. [Vote 232, 9/14/10] REPEAL 157

XXXX Voted To Repeal Health Insurance Reform. In March 2013, XXXX voted in favor of Cruz, R-Texas, amendment no. 202 that would establish a deficit-neutral reserve fund to allow for legislation that would repeal the 2010 health care overhaul as long as costs are offset without raising new revenue. The amendment was rejected by a vote of 45-54 (D 0-52; R 45-0; I 0-2). [Vote 51, 3/22/13] XXXX Voted To Repeal Parts of 2010 Health Care Overhaul. In September 2010, XXXX voted for a motion to invoke cloture (thus limiting debate) on the Johanns, R-Neb., amendment no. 4596 to the Nelson, D-Fla., amendment no. 4595 to the Baucus, D-Mont., and Landrieu, D-La., substitute amendment no. 4594. The Johanns amendment would repeal a tax information-reporting requirement from the 2010 health care overhaul law, offset by increasing the affordability exemption to the individual mandate in the health care law and funding allocated for prevention programs. The Nelson amendment would exempt businesses with fewer than 25 employees from the tax compliance provision in the health care law and would raise the reporting threshold for the remaining companies from $600 to $5,000. The substitute would provide for a variety of small-business tax initiatives, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly, and authorize a small-business lending fund. The cloture motion was rejected 46-52. [Vote 231, 9/14/10] XXXX Voted To Bar Federal Funding From Being Used To Implement Health Insurance Reform. In March 2013, XXXX voted in favor of Cruz, R-Texas, amendment no. 30, to the Mikulski, D-Md., substitute amendment no. 26. The Cruz amendment would bar the use of funds in the bill to carry out the 2010 health care law or make rules under it. The amendment was rejected by a vote of 45-52 (D 0-50; R 45-0; I 0-2). [Vote 34, 3/13/13] XXXX Voted To Prohibit Grandfathering Of Health Insurance Plans Under 2010 Health Care Overhaul Law. In September 2010, XXXX voted for an Enzi, R-Wyo., motion to proceed to consideration of a joint resolution that would provide for congressional disapproval of a rule regarding grandfathering of health insurance plans under the 2010 health care overhaul law. The motion to proceed was rejected 40-59. [Vote 244, 9/29/10] MEDICAID XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States That Was Paid For By Closing Foreign Tax Loopholes. In August 2010, XXXX voted against a Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. The cost of the programs would be offset by changing foreign tax provisions, ending increased food stamp benefits beginning in April 2014 and rescinding previously enacted spending. [Vote 228, 8/5/10]  XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States. In August 2010, XXXX voted against a Murray, D-Wash., motion to waive the Budget Act and budget resolutions with respect to the Gregg, R-N.H., point of order against the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 225, 8/4/10]  XXXX Voted Against $26.1 Billion In Medicaid and Education Funding For States. In August 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 224, 8/4/10] XXXX Voted for $10 Billion in Medicaid Cuts. In April 2005, XXXX voted to adopt the conference report on the concurrent resolution that set broad spending and revenue targets for five years, limited discretionary spending to $843 billion in fiscal 2006, and provide instructions for reconciliation bills that would achieve $70 billion in tax cuts and $34.7 billion in savings to mandatory programs, including $10 billion in Medicaid cuts. [Vote 114, 4/28/05] 158

XXXX Voted to Cut Medicaid Funding by $14 Billion. In 2005, XXXX voted against an amendment to strip out reconciliation instructions to the Finance Committee to reduce its outlays by $15 billion over five years that would likely result in a cut of $14 billion to Medicaid. It also set up a reserve fund for the creation of a 23-member Bipartisan Medicaid Commission to study Medicaid before any cuts are made. [Vote 58, 3/17/05] XXXX Voted to Force Medicaid and Medicare Cuts. In 2006, XXXX joined with Senate Republicans who unsuccessfully tried to cut $10 billion in mandatory spending from the FY07 budget. The cuts would have come from the Senate Finance Committee, which had jurisdiction over both Medicare and Medicaid. [Vote 62, 3/16/06] XXXX Voted For Budget Resolution That Cut Medicare by $6.4 Billion and Medicaid by $4.8 Billion. In December 2005, XXXX cast the deciding vote for a budget reconciliation that contained several deep program cuts. The bill cut Medicare by $6.4 billion, and increased Medicare beneficiaries’ premiums for coverage of doctor visits. The bill also cut Medicaid by $4.8 billion, reducing payments for prescription drugs and tightening rules for funds that could be used for nursing home eligibility and allowed states to reduce benefits and increase co-payments paid by beneficiaries. [Vote 363, 12/21/05; Boston Globe, 12/22/05] XXXX Voted For Bill That Cut Medicaid by $4.26 Billion and Medicare by $5.78 Billion. In November 2006, XXXX voted for passage of the Budget Reconciliation bill that made cuts to programs for a net savings of approximately $35 billion over five years. Among other things, the bill cut Medicaid by $4.26 billion and Medicare by $5.78 billion. [Vote 303, 11/3/05] XXXX Voted For Mandatory Cuts in Medicaid and Earned Income Tax Credit. In 2004, XXXX voted against an amendment to cut $14 billion in cuts to Medicaid and the earned income tax credit. [Vote 39, 3/10/04] XXXX Voted For $30 Billion In Aid To States, Including Medicaid Assistance. In 2003, XXXX voted for an amendment calling for at least $30 billion in aid to states, including Medicaid spending assistance. The amendment would express the sense of the Senate that any future economic stimulus package should provide at least $30 billion in fiscal relief to states over the next 18 months, with half of that amount for Medicaid spending assistance. [Vote 64, 3/20/03] XXXX Voted Against Considering An Amendment To Increase The Federal Share In Medicaid For Each State. In 2002, XXXX voted against an amendment that would set each State's Federal Medicaid Assistance Percentage (FMAP) for fiscal year 2002 at its FY 2001 level if its 2001 level was higher than its 2002 level, then it would raise every State's FMAP by 3 percentage points, and then it would raise FMAP levels for States with higher than average unemployment levels by another 1.5 percentage points. The bill failed, 54-41. [HR 622, Vote 8, 1/29/02] XXXX Voted Against Ensuring Basic Daily Reimbursement Rate For Nursing Homes Under Medicaid. In 1997, XXXX voted to kill the Mikulski amendment to S.947, which was an amendment to strike the section of the bill that repeals the Boren amendment to S.947. The Boren amendment was an amendment to ensure a basic daily reimbursement rate for nursing homes under Medicaid. [Vote 124, 6/25/97] MEDICARE DOCTOR REIMBURSEMENT XXXX Opposed Delaying Planned FY 2014 Cuts to Medicare Under Sequester To Prevent Cuts in Medicare Physician Reimbursement Rates. In March 2014, XXXX voted against passage of the bill that would extend Medicare physician reimbursement rates until March 31, 2015, and extend other Medicare and Medicaid payment provisions, including increased inpatient payments for certain low-volume hospitals and specialized Medicare Advantage plans for individuals with special needs. To offset the cost of the payment provisions, the bill would modify the timing of planned cuts to Medicare under the sequester in fiscal 2024. During the first six months of fiscal 2024, there would be a 4 percent cut to Medicare and no cuts to the program in the second half of the fiscal year. The bill passed (thus cleared for the president) by a vote of 64-35. [CQ; Vote 93, 3/31/14] 159

XXXX Voted Against Increased Medicare Payments To Doctors, Flood Insurance, And Extending Unemployment Benefits. In April 2010, XXXX voted against passage of the bill that would extend for two months federal unemployment benefits, flood insurance programs, increased payment rates to Medicare providers and COBRA health care premium assistance. It would provide for payment to certain previously furloughed transportation workers. It also would extend for one month certain satellite TV laws and small business lending programs. [Vote 117, 4/15/10] XXXX Voted Against Stopping Steep Cuts to Medicare’s Physician Payment Rates. In October 2009, XXXX voted to consider a bill that would spend roughly $245 billion to end steep cuts to Medicare’s physician payment rates. The bill would sunset the formula that modifies Medicare reimbursements for physicians each year and replace it with a formula that keeps that reimbursement rate constant. The American Medical Association and AARP have made repeal of the Medicare cost-control formula that demands deep cuts to physician pay each year a top priority. The motion to invoke cloture failed 47-53. [CQ Today, 10/21/09; Vote 325, 10/21/09] XXXX Voted To Avoid Scheduled Cuts to Medicare Physician Payment Rates. In July 2008, XXXX voted to override President Bush’s veto of a Medicare bill that would avoid a scheduled 10.6 percent cut to Medicare’s physician payment rates. Those cuts total $12.5 billion over five years, according to the Congressional Budget Office. The bill would do so by cutting payments to the private Medicare plans known as Medicare Advantage. [CQ Today, 7/15/08; Vote 177, 7/15/08]  XXXX Earlier Voted To Avoid Cuts to Medicare Doctor Payment Rates. In July 2008, XXXX voted to consider a bill that would replace a 10.6 percent cut to Medicare’s physician pay rates with 18 months of stable payments. The measure would also cut bonus payments to private Medicare plans known as Medicare Advantage. Those cuts total $12.5 billion over five years, according to the Congressional Budget Office. The Senate passed the bill on a voice vote after the motion to invoke cloture passed 69-30. [CQ Today, 7/09/08; Vote 169, 7/09/08]  XXXX Voted To Increase Doctor Payments Under Medicare. In June 2008, XXXX voted to consider a bill that would reverse a scheduled10.6 percent cut in physician payments under Medicare and provide doctors with a 1.1 percent pay increase in 2009, which would cost $9.9 billion through 2010, according to the Congressional Budget Office. Altogether, the bill would cost $19.8 billion over five years and would cover those costs primarily by cutting costs from Medicare Advantage. The motion to invoke cloture failed 54-39. [CQ Today, 6/12/08; Vote 149, 6/12/08] XXXX Voted to Force Medicaid and Medicare Cuts. In 2006, XXXX joined with Senate Republicans who unsuccessfully tried to cut $10 billion in mandatory spending from the FY07 budget. The cuts would have come from the Senate Finance Committee, which had jurisdiction over both Medicare and Medicaid. [Vote 62, 3/16/06] XXXX Voted For Budget Resolution That Cut Medicare by $6.4 Billion and Medicaid by $4.8 Billion. In December 2005, XXXX cast the deciding vote for a budget reconciliation that contained several deep program cuts. The bill cut Medicare by $6.4 billion, and increased Medicare beneficiaries’ premiums for coverage of doctor visits. The bill also cut Medicaid by $4.8 billion, reducing payments for prescription drugs and tightening rules for funds that could be used for nursing home eligibility and allowed states to reduce benefits and increase co-payments paid by beneficiaries. [Vote 363, 12/21/05; Boston Globe, 12/22/05] XXXX Voted For Bill That Cut Medicaid by $4.26 Billion and Medicare by $5.78 Billion. In November 2006, XXXX voted for passage of the Budget Reconciliation bill that made cuts to programs for a net savings of approximately $35 billion over five years. Among other things, the bill cut Medicaid by $4.26 billion and Medicare by $5.78 billion. [Vote 303, 11/3/05] XXXX Voted For Increased Premiums for Medicare Beneficiaries. In November 2005 XXXX voted against an amendment that would have made Medicare beneficiaries harmless for the increase in the 2007 Medicare monthly part B premium that would otherwise occur because of the 2006 increase in payments under the physician fee schedule. [Vote 287, 11/3/05] 160

XXXX Voted to Form a Committee to Recommend Changes to Medicare. In March 2005, XXXX voted for an amendment that would express the sense of the Senate that the Health and Human Services secretary, working with a bi-partisan group of governors and stakeholders, make recommendations for changes to the Medicaid program. It also would express the sense of the Senate that the Finance Committee shall report a reconciliation bill that allows for Medicaid savings to be shared by federal and state governments, would emphasize state flexibility through voluntary options for states and would not cause Medicaid recipients to lose coverage. [S Con Res 18, Vote 57, 3/17/05] XXXX Voted Against Making It Harder For Lawmakers To Spend Social Security And Medicare Surpluses. In 2001, XXXX missed a vote for the a Democratic plan requiring the assent of 60 of the 100 senators to approve tax cuts or new spending that would eat into the projected surpluses of Social Security and Medicare. [S 1077, 7/10/03, Vote 221; Associated Press, 7/10/01] XXXX Voted Against $40 Billion In Aid to States, Including $20 Billion in Medicaid Assistance. In 2003, XXXX voted against an amendment that would have provided $40 billion in aid to states and localities, with $16 billion in grants for states, $4 billion to localities, and $20 billion for a temporary increase in federal Medicaid assistance to states. [Vote 158, 5/15/03] XXXX Voted to Increase Medicare Payments For Rural Areas. In 2003, XXXX voted for an amendment that would alter Medicare payment formulas to increase payments to providers in rural areas, bringing them in line with urban areas in other parts of the country. The changes would be offset by other spending changes within Medicare. [S 1054, Vote 156, 5/15/03] XXXX Voted Against Expressing That Funding Of Programs For Low-Income Families – Including Medicare – Should Not Be Cut. In 2003, XXXX voted against expressing the sense of the Senate that programs for low-income families, especially Medicare, should not be cut. The vote was on an amendment that would express the sense of the Senate that the budget resolution conference report should not include a funding reduction of programs for low-income families below the current baseline levels, and that the 1993 tax increase on Social Security benefits can be repealed without harming the solvency of the Medicare Hospital Insurance Trust Fund. [Vote 101, 3/25/03] XXXX Voted Against Increasing Medicare Funding By $25 Billion. In 2003, XXXX voted against an amendment that would have increased spending on Medicare by $25 billion, in an effort to reduce disparities in Medicare reimbursements to health care providers. The amendment would have increased spending on Medicare by $25 billion for the purpose of reducing the geographic disparity in Medicare reimbursement payments to health care providers and hospitals. The increase would be offset by a reduction in tax cuts [Vote 89, 3/25/03] XXXX Voted Against $4.1 Billion to Extend Medicare Funding for Six Months. In 2003, XXXX voted against providing $4.1 billion to extend for six months Medicare funding due to expire April 1. Funding levels would remain at fiscal 2002 levels and would expire Sept. 30. The funding would be offset by an extension of Customs Service user fees. [Vote 21, 1/23/03] XXXX Voted To Add Corporate Tax Break And Billions In Extra Medicaid Funding To Economic Stimulus Package. In 2002, XXXX voted for adding a corporate tax break and billions of dollars in extra Medicaid money for the states to economic stimulus legislation. The tax break would allow large businesses to take an immediate 30 percent deduction on equipment purchased in 2002 and 2003. [HR 622, Vote 10, 1/29/02; Associated Press, 1/29/02; Congressional Quarterly Daily Monitor, 1/29/02] XXXX Opposed An Amendment That Would Enact Protections For The Medicare Trust Fund. In 2001, XXXX voted against an amendment to the President’s tax cuts that would ensure that each year the on-budget surplus exceeded the Medicare surplus for that year and to create a 60-vote point of order against legislation that would use funds from the Medicare trust fund for purposes other than providing Medicare Part A (hospitalization) benefits. The motion was rejected, 46-54. [HR 1836, Vote 160, 5/23/01] 161

XXXX Opposed Assuring Solvency of Social Security and Medicare. In 2001, XXXX voted against an amendment to delay the effective date of the tax rate reductions in the highest rate bracket until the enactment of legislation that would provide for long-term solvency of the Social Security and Medicare trust funds. [HR 1836, Vote 137, 5/22/01] XXXX Voted to Put Tax Cuts Ahead of Saving Social Security and Medicare. In 2001, XXXX voted against an amendment to strike all marginal tax rate cuts in the bill except for the establishment of the 10 percent bracket, as well as all estate tax provisions taking effect after 2006, and use the savings to extend the solvency of Social Security and Medicare, as well as establish a prescription drug benefit. [HR 1836, Vote 122, 5/21/01] XXXX Voted For Tax Cuts over Medicare Solvency. In 2001, XXXX voted for an amendment that would instruct the Finance Committee to report a reconciliation bill to the Senate that would reduce revenue levels by not more than the president's $1.6 trillion tax cut, and include a $60 billion economic stimulus package for fiscal 2001. The substitute amendment would cap discretionary spending at $660.7 billion in fiscal 2002 and includes an $845.7 billion contingency fund -- including the Medicare trust fund surplus -- that could be used for debt reduction, tax cuts or unforeseen spending. It also calls for $1.6 trillion in tax cuts over fiscal years 2002-2011 and $60 billion in tax cuts in fiscal 2001. [H Con Res 83, Vote 75, 4/5/01] XXXX Voted Against Rolling Back Tax Cuts And Increasing Medicare Spending For Home Health Care. In 2001, XXXX voted against an amendment that would deny $13.7 billion of the proposed tax cuts in the Domenici substitute amendment. It would then adjust the functional totals for the stated purpose of spending the money to pay the costs of eliminating a pending 15-percent reduction in Medicare payments to home health agencies. The amendment was rejected, 47-53. [H Con Res 83, Vote 73, 4/5/01] XXXX Voted For A GOP Bill To Reform Medicare, Medicaid, And S-CHIP. In 2000, XXXX voted to provide tax relief, to increase the minimum wage, to improve Federal health care benefits, to permit controlled substances to be used for pain management but not assisted suicide or euthanasia, and to reauthorize the Small Business Act (H.R. 2614). The bill would enact numerous reforms that would provide an additional $32 billion over 5 years to strengthen Medicare, Medicaid, and the S-CHIP program. The motion to proceed was agreed to, 55-40. [Vote 286, 10/26/00] XXXX Opposed An Amendment To Set Up A Medicare Lockbox. In 2000, XXXX opposed an amendment that would add a Social Security "lockbox" (budget mechanism) to protect Social Security surpluses from being spent on non-Social Security purposes. The amendment would also add a Medicare lockbox. That lockbox would not protect projected Medicare surpluses from being spent on non-Medicare purposes; instead, it would require the Government to retain one-third of the projected on-budget surpluses. The motion was rejected, 44-56. [Vote 65, 4/7/00] XXXX Voted That On-Budget Surpluses Were Sufficient to Modernize Medicare. In 1999, XXXX voted for a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Frist amendment S.1429, which was an amendment to express the sense of the Senate that on-budget surpluses over the next 10 years are sufficient for Congress to modernize Medicare benefits, improve the program’s solvency, and provide prescription drug benefits. This was a symbolic vote to counter Democratic efforts to set funding aside for a prescription drug plan and to extend the solvency of Medicare. [Vote 235, 7/30/99] XXXX Voted to Cut Medicare Growth By $115 Billion. In 1997, XXXX voted for S.947, which was legislation to cut spending by $135.9 billion over five years, cut the growth of Medicare by approximately $115 billion, gradually increase the Medicare eligibility age from 65 to 67 between 2003 and 2027, introduce means-based testing to determine premiums under Medicare Part B, cut Medicaid spending by $13.6 billion, increase spending on children’s health care by $16 billion, and prohibit the use of federal funds for abortions, except in cases of rape, incest or when a woman’s life is threatened. [Vote 130, 6/25/97] 162

XXXX Voted Against Transferring Home Health Benefits to Various Medicare Programs. In 1997, XXXX voted against transferring home health benefits from Medicare Part A to Medicare Part B. [Vote 127, 6/25/97] XXXX Voted to Increase Retirement Age to 67. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Reed amendment to S.947, which was an amendment to eliminate the age increase from 65 to 67 for Medicare eligibility, remove the $5 co-payment for Medicare Part B home health care visits, and eliminate means testing of Medicare Part B premiums. [Vote 115, 6/25/97] XXXX Voted Against Delaying Means Testing. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Kennedy amendment to S.947, which was an amendment to delay means testing under Medicare Part B until January of 2000. [Vote 114, 6/24/97] XXXX Voted Against Means Testing for Medicare Part B Premiums. In 1997, XXXX voted to kill the Kennedy amendment to S.947, which was an amendment to strike the section in the bill that introduces a means- based formula to determine insurance deductibles under Medicare Part B. More specifically, it started to phase out the subsidy for Medicare Part B premiums for single seniors earning $50,000 per year and married seniors earning a combined $75,000 per year. The subsidy would be completely eliminating for single seniors earning $100,000 or more annually and married seniors earning a combined $125,000 or more annually. [Vote 113, 6/24/97] XXXX Voted to Raise Eligibility Age of Medicare to 67Years of Age. In 1997, XXXX voted for a motion to waive the Congressional Budget Act of 1974 to permit consideration of a provision to gradually raise the Medicare eligibility age from 65 to 67 between 2003 and 2027. [Vote 112, 6/24/97] XXXX Voted to Require Medicare Co-Payments for Home Health Care Visits. In 1997, XXXX voted to kill the Kennedy amendment to S.947, which was an amendment to strike the section of S.947 that imposed a $5 co- payment for Medicare Part B home health care services for all recipients above the poverty line. Co-payments would be capped at $760 per year. [Vote 111, 6/24/97] XXXX Opposed Considering a Measure Allowing Disabled Children of Legal Immigrants to Receive Medicaid Benefits. In 1997, XXXX voted against considering an amendment that would have retained eligibility for the 30,000 disabled children of legal immigrants who received Medicaid benefits based on their receipt of Supplemental Security Income (SSI) welfare benefits (the welfare reform bill denied those benefits and other welfare benefits to legal immigrants). [Vote 118, 6/25/97] MEDICARE PART D Passage: XXXX Voted For Medicare Bill That Added Prescription Drug Coverage But Gave “Broad New Role” To Private Insurance Companies. In June 2003, XXXX voted for the Prescription Drug and Medicare Improvement Act of 2003, the Senate version of the bill that created a Medicare prescription drug benefit. [Vote 262, 6/27/03; AP, 6/27/03]  XXXX Voted to Kill an Amendment That Would Require “Fallback” Drug Coverage for Two-Years In Areas Not Served by Two Private Plans. In 2003, XXXX voted to kill an amendment that would require any federal “fallback” drug coverage plan used in an area not served by two private plans to allow those eligible to enter into two-year contracts. [Vote 238, 6/24/03]  XXXX Voted Against Requiring a Medicare Fallback Plan for Retirees That Lost Prescription Drug Coverage Because of New Medicare Benefit. In 2003, XXXX voted against an amendment to the prescription drug benefit bill. The amendment would require the Health and Human Services secretary to retain or designate one or more Medicare fallback plans for those retirees who had prescription drug coverage and lost it as a result of the enactment of the underlying bill. [Vote 259, 6/26/03] 163

 XXXX Was One of Only 21 Senators to Vote For An Alternative to Limit Coverage to a Discount Card For Seniors Rather Than a Prescription Drug Benefit. In 2003, XXXX voted for an attempt by conservatives “to narrow the benefits” in the prescription drug benefit bill. The vote was on an amendment to the bill, which would provide for an alternative coverage plan in addition to the plans already in the underlying bill. The measure required the creation of a plan based around drug discount cards issued by privately-run providers approved the Health and Human Services secretary. Plans would be required to include cost and drug management programs that include use of generics and therapy. Quality assurance measures would be in place to reduce medical errors and harmful drug interactions. The limit on out-of- pocket expenses would range from $1,500 annually for those below 200 percent of poverty to 20 percent of all income for those above 600 percent of poverty. Enrollees would pay no monthly premiums or deductibles, but would pay a $25 fee annually unless they had an income less than 200 percent of poverty. The proposal would have provided all beneficiaries with catastrophic coverage. XXXX was one of only 21 Senators to support the alternative. [Vote 260, 6/26/03; CQ Weekly, 6/27/03]  XXXX Voted For A Means Test for Prescription Drug Benefit, for Enrollees With Incomes Above $100,000. In 2003, XXXX voted for an amendment that would allow higher premiums for enrollees with incomes above $100,000, or $200,000 in the case of married couples. The increases would be indexed for inflation. The increases could be waived for enrollees if the Health and Human Services secretary determines paying the premium and any interest owed would present a “gross injustice.” The secretary would be allowed to disclose tax information to the Center for Medicare and Medicaid Services on those required to pay premiums. [Vote 261, 6/26/03]  XXXX Voted Against A Democratic Proposal That Would Have Provided Low-Income Drug Subsidies for More Seniors. In 2003, XXXX voted against an amendment that would provide low- income subsidies for prescription drugs for more seniors. The amendment would cover 50 percent of drug costs for beneficiaries with incomes between 160 and 250 percent above the poverty line after the beneficiary has reached the initial coverage cut-off. [Vote 240, 6/24/03; AP, 6/24/03]  XXXX Voted to Lower Members of Congress’ Prescription Drug Coverage to Whatever Drug Coverage Passed for Seniors. In 2003, XXXX voted for an amendment that lowered prescription drug coverage for members of Congress to the level of coverage provided to seniors on Medicare. The amendment would require prescription drug coverage for members of Congress to be equal to any drug coverage for Medicare recipients enacted during the first session of the 108th Congress. The AP reported, “The amendment, dubbed ‘Taste of Their Own Medicine,’ was sponsored by Sen. Mark Dayton, a Minnesota Democrat who donates his entire salary to bus seniors to Canada so they can buy cheaper drugs north of the border.” [Vote 237, 6/24/03; AP, 6/24/03]  XXXX Voted Against A Prescription Drug Substitute That Would Spend $400 Billion Over Seven Years Instead of 10 Years Favored by GOP. In 2003, XXXX voted against a substitute amendment to the prescription drug benefit bill, which would have created a prescription drug coverage plan within Medicare with no deductible. The plan would seek to cut prescription drug costs for enrollees though a group-negotiation system. Coverage would begin as soon as would be practical and would continue until the program reached $400 billion in overall spending. Cost-sharing of drug expenses would not drop off before catastrophic coverage begins. The AP reported that the substitute “would have spent $400 billion over seven years instead of the 10 years the GOP wants.” [Vote 245, 6/25/03; AP, 6/25/03]  XXXX Voted Against Cost Studies of a Prescription Drug Benefit. In June 2003, XXXX voted against an amendment that authorized $75 million in fiscal 2004 and such sums as needed in the future for the National Institutes of Health to compare the effectiveness and safety of major drugs covered by Medicare in order to allow consumers to make informed choices. The results of such studies would be provided to physicians and consumers. [Vote 246, 6/25/03] 164

 XXXX Voted Against Beginning Prescription Drug Benefit in 2004 Instead of 2006. In 2003, XXXX voted against speeding up the beginning of a prescription drug benefit. The amendment would change the date a prescription drug benefit would become available from Jan. 1, 2006, to July 1, 2004. [Vote 239, 6/24/03; Washington Post, 6/25/03] XXXX Voted to Invoke Cloture on the Medicare Prescription Drug Benefit. In 2003, XXXX voted for a motion to invoke cloture on a bill that created the Medicare Prescription Drug Benefit. The bill created Medicare Part-D that was a program under which, beginning in 2006, prescription coverage would be available through private insurers to seniors paying a monthly premium estimated at $35 in 2006. Those enrolled in the plan would cover the first $250 of annual drug costs themselves and 25 percent of all drug costs up to $2,250. Benefits would then stop until out-of-pocket drug costs exceeded $3,600, after which a beneficiary would cover 5 percent of all costs. A pilot project would begin in 2010 in which Medicare would compete with private insurers to provide coverage for hospital and doctor costs in six metropolitan areas for six years. [Vote 457, 11/24/03] XXXX Cast Key Vote to Forward Medicare Prescription Drug Bill. XXXX voted to waive the Budget Act with respect to all points of order against the conference report on the bill that created a prescription drug benefit for Medicare recipients. The motion was critical because it denied objections to the bill based on budget grounds. [Vote 458, 11/24/03] XXXX Voted For Final Passage of Medicare Prescription Drug Bill. In 2003, XXXX voted for HR 1, a Medicare reform plan that is larded with perks for private companies that increased the cost of Medicare and hurt seniors. The legislation made it illegal for Medicare to bargain over price with drug companies, which will add an additional $139 billion to corporate profits. [Vote 459, 11/25/03; In These Times, 1/5/04; New York Times, 2/3/04; The Hill, 11/19/03]  XXXX Voted To Increase Middle-Class Seniors’ Out-Of-Pocket Expenses. Under the new plan, seniors in the middle income quintile will pay an average of $1,650 a year in out-of-pocket expenses in 2006. This is already nearly 60 percent more than they paid in 2000, adjusting for inflation. “Expenses are projected to continue to rise so that by 2013 middle-income seniors will be paying more than two and a half times as much for prescription drugs (adjusting for inflation) as they did in 2000.” [HR 1, 11/25/03, Vote 459; Center for Economic and Policy Research, www.cepr.net, 12/4/03, emphasis added]  XXXX Voted for a Bill that Will Only Give Most Seniors A “Pretty Small” Benefit. A typical senior without drug coverage spends an estimated $1,356 on drugs. However due to large-cost sharing in the GOP Medicare plan they would save only $391 (29 percent) annually. “For the average middle-class citizen, the benefit is pretty small,” said Stephen Crystal, chair of the division on aging at Rutgers University. Seniors will also responsible $3,600 out of the first $5,100 in drug costs. As most seniors will never exceed that cost level, they will still be personally responsible for most of their drug expenses. [HR 1, 11/25/03, Vote 459; Boston Globe, 11/18/03, emphasis added; New York Times, 12/7/03]  XXXX Voted To Restrict Drug Choices For Seniors. The private insurance plans that will deliver the new benefit, unlike existing employer plans and Medicaid, will be allowed to limit coverage to two drugs per therapeutic class thereby reducing seniors’ choice in treatment options. As Jonathan Cohn, a media fellow with the Kaiser Family Foundation remarked: “A plan determined to exclude unhealthy seniors could cover only the cheapest drug in every category, well aware that seniors with multiple chronic conditions may need to take less popular, more expensive drugs in order to avoid toxic interactions.” [HR 1, 11/25/03, Vote 459; The New Republic, 12/15/03] XXXX Voted To Give Seniors Less Of A Drug Benefit Than He Gets As A Senator. Dr. Judy Feder, Dean of the Georgetown Public Policy Institute, has stated that the drug benefit in the Medicare legislation is “in no way sufficient” to provide coverage similar to that available to members of Congress. Ensuring that seniors received such a benefit would require more than doubling the cost of the law. [HR 1, 11/25/03, Vote 459; Center for American Progress Medicare Roundtable, www.centerforamericanprogress.org, 12/4/03] 165

 XXXX Voted To Take Health Insurance Away From 2.7 Million Seniors. XXXX voted for a bill that provides $89 billion in subsidies to employers with the understanding that it will be used to maintain coverage for retirees. Despite this, the CBO predicts 2.7 million seniors will dropped by their employers. Even worse, a provision inserted at the last minute allows corporations to cut benefits or hike retiree’s premiums as long as their plans provide a baseline of benefits equivalent to Medicare. Several major US corporations including BellSouth, American Airlines, John Deere, Delphi and US Steel have already announced they will save hundreds of millions. [HR 1, 11/25/03, Vote 459; USA Today, 11/25/03; National Journal, 1/21/04; Wall Street Journal, 3/2/04]  XXXX Voted For A Bill To Cut Health Care To Six Million Low-Income Seniors. Under the Medicare legislation, the poorest six million American seniors lost their dual eligibility for Medicare and Medicaid, exposing them to substantially higher drug costs. Under Medicaid, these seniors would receive many prescriptions for free or a maximum of $2 a month; the new law will charge them $5 a month for a name- brand drug and $2 a month for a generic drug. Under the law, co-pays will be allowed to increase by the same factor as drug prices, an estimated 10 percent a year. Those costs will rapidly outpace inflation adjustments to social security and other sources of fixed income for seniors. In addition, the Medicare legislation allows providers to limits coverage to two drugs per therapeutic class, meaning that low-income seniors may lose coverage for drugs that had been previously covered under Medicaid. [HR 1, 11/25/03, Vote 459; CPBB Fact Sheet, www.cbpp.org, 12/11/03; CPBB, www.cbpp.org, 12/8/03; Center for American Progress Medicare Roundtable, www.centerforamericanprogress.org, 12/4/03]  XXXX Voted To Restrict Seniors’ Choice Of Doctors. The new Medicare act creates strong incentives to encourage seniors to enroll in private plans that will “severely restrict choice of doctors,” according to Consumers Union. In a June 2003 CNN/USA Today/Gallup poll, 69 percent of seniors opposed Medicare proposals that would shift them into managed care plans that restrict their choice of doctors. [HR 1, 11/25/03, Vote 459; Consumers Union, Analysis of Medicare Drug Plan, www.consumersunion.org, 11/25/03; CNN/USA/Gallup Poll, www.gallup.com, 6/03]  XXXX Voted To Reduce Prescription Drug Coverage To Rural Seniors. Rural communities will be particularly hard hit by the elimination of Medicaid funding for prescription drugs. “Up to 1.7 million rural beneficiaries could have their current drug coverage reduced, unless cash-strapped states replace the lost federal funding,” according to researchers at the Center for American Progress. Rural seniors are also more likely to face higher monthly premiums, which the legislation allows to vary from region to region. [HR 1, 11/25/03, Vote 459; Center for American Progress, “Medicare Prescription Drug Legislation: Concerns for Rural Beneficiaries,” www.centerforamericanprogress.org, 11/14/03; Center For American Progress Roundtable, 12/4/03] Doughnut Hole XXXX Voted to Kill Amendment that Would have Required Part-D Enrollees to be Made Aware of Doughnut Hole. In November 2005, XXXX voted to kill an amendment to the Budget Reconciliation bill that would have required enrollees in the Medicare Part D to be made aware of possible coverage gaps. The amendment would have required enrollees to sign a statement before enrolling that stated they were aware of the potential gap in coverage created by the “doughnut hole” in between levels of coverage, causing many enrollees to shoulder the full burden of the prescription drug costs. [Vote 297, 11/3/05] XXXX Voted To Kill An Amendment That Provided $60 Billion to Eliminate Gap in Coverage for Drug Costs Between $4,500 and $5,800 Annually. In 2003, XXXX voted to kill an amendment that aimed to eliminate a feature of the prescription drug bill that denied coverage for drug costs between $4,500 and $5,800 annually. The amendment would extend prescription drug cost sharing between Medicare and beneficiaries up to $5,800, when full catastrophic coverage would take over. “We should not have a plan that stops and starts,” Boxer said, advocating an extra $60 billion to close the gap. [Vote 236, 6/24/03; AP, 6/24/03] 166

Deadline Extension XXXX Voted Against Creation of Fund to Pay for Extension of Medicare Part D Enrollment Deadline. In March 2006, XXXX voted against an amendment that would have created a deficit-neutral reserve fund to adjust the budget and pay for the impact of any legislation to extend Medicare’s prescription drug program open enrollment period to the end of 2006 and allow a one-time change of plan enrollment during 2006. [Vote 49, 3/15/06] XXXX Voted Against Improvements to Medicare Part D, Including Extending the Enrolment Period. In February 2006, XXXX voted to kill and amendment that would have made several changes to the Medicare Part D prescription drug plan. The amendment would have extended the initial enrollment period for the Medicare prescription drug benefit through 2006. It also would have made program changes, including providing for federal reimbursement to pharmacies, states and individuals, costs that should have been covered by the prescription drug benefit but were incorrectly charged during rollout. [Vote 5, 2/2/06] XXXX Voted To Kill Amendment that Would Have Extended Medicare Prescription Drug Enrolment Deadline. In November 2005 XXXX voted to kill an amendment to the Tax Reconciliation Bill that would have extended the enrollment period for the Medicare Prescription Drug plan. The amendment offered by Senator Nelson of Florida, would have extended the deadline by six months, giving seniors until the end of 2006 to enroll. [Vote 342, 11/17/05] XXXX Voted Against Allowing Open Enrollment in Medicare Drug Plans Through 2008. In 2003, XXXX voted to kill an amendment that allowed open enrollment in Medicare drug plans through 2008. The amendment extended, until the end of 2007, the period for beneficiaries to enter or exit the Medicare prescription drug plans and Medicare Advantage plan. The amendment failed 55-42. [Vote 234, 6/24/03; Hartford Courant, 6/25/03] Duel Coverage XXXX Voted to Kill Amendment to Ensure Medicaid Recipients Would Not Suffer Coverage Loss When Switching to Medicare Part-D. In November 2005, XXXX Voted against an amendment that would have made sure those Medicaid patients who were switched to Medicare Part-D would not suffer from a coverage gap. The amendment would have extended the period of time, by six months, before those that were “dual eligible” for Medicaid and Medicare Part-D would lose their Medicaid coverage. “When the Medicare program takes effect Jan. 1, these seniors will lose their Medicaid coverage and be subject to the higher co-payments and uncertainties of the new program. Supporters said the seniors will need more time to adjust to the Medicare drug law.” [Vote 297, 11/3/05; Washington Post, 11/6/05] OTHER RX DRUG XXXX Voted To Delay Manufacturing Of Generic Drugs. In May 2012, XXXX voted against Bingaman, D- N.M., amendment no. 2111 that would allow companies that produce generic drugs to share some of the 180-day marketing exclusivity period given to the original generic patent holder if that holder enters into a delay agreement. The amendment was rejected by a vote of 28-67 (D 24-25; R 3-41; I 1-1). [Vote 105, 5/24/12] XXXX Voted Against Amendment to Create Medicare Administered Drug Benefit. In March 2006, XXXX voted against an amendment to create a Medicare administered drug benefit under Medicare Part D. The proposal would have established a standard prescription drug benefit administered directly by Medicare. Seniors who chose this option would have a modest deductible and co-payments for prescriptions, without any gaps in coverage. The benefit would also have provided complete protection for seniors against drug costs above $3,600 per year. Everyone who chose the Medicare-guaranteed option would pay a low, uniform monthly premium, regardless of where they lived. [Vote 71, 3/16/06] XXXX Voted Against Creating A Program to Encourage Community-Based Services to Individuals With Disabilities. In 2003, XXXX voted to kill an amendment that would establish a demonstration project under 167

Medicaid to encourage community-based services to individuals with disabilities. [Vote 247, 6/26/03] XXXX Voted Against An Amendment to Require Companies to Reveal Drug Risks in Advertisements. In 2003, XXXX voted against an amendment to the prescription drug bill that would require drug companies to release advertisements with balanced visual and audio information. The Health and Human Services secretary would be required to speed up the review process of such advertisements. Drug companies violating the advertising rules would be subject to civil penalties. The AP reported that the amendment “would have required pharmaceutical companies to give more details about a drug’s risks in their advertising.” [Vote 248, 6/26/03] XXXX Voted for a Prescription Drug Benefit for Poor Cancer Victims. In 2003, XXXX voted for an amendment that would create a subsidy for seniors with cancer who have incomes below the poverty line. Those eligible for the subsidy would pay no deductible, have no monthly premiums and have their percentage of cost- sharing on drug expenses reduced. Seniors with incomes between 135 and 160 percent of the poverty line would have a $50 deductible in 2006, a percentage of the monthly premium and reduced cost-sharing. Seniors above 160 percent of the poverty line would have a $275 deductible in 2006 and would split cost sharing equally until total shared drug costs reached $4,500, with Medicare picking up 90 percent of drug costs after out-of-pocket spending reaches $3,700. [Vote 249, 6/26/03] XXXX Voted Against Preventing Loss of Drug Coverage for Beneficiaries With Cancer. In 2003, XXXX voted to kill an amendment that would have prevented any loss of drug coverage for beneficiaries with cancer before catastrophic care would begin. [Vote 250, 6/26/03] XXXX Voted For Changing Asset Test for Low-Income Prescription Drug Coverage Eligibility. In 2003, XXXX voted for an amendment to the prescription drug benefit bill that would change the asset test determining eligibility for low-income prescription drug coverage in 2009 so that those applying would have to demonstrate assets below $10,000, or $20,000 for a married couple. The threshold would be adjusted annually according to the Consumer Price Index. [Vote 251, 6/26/03] XXXX Sponsored Amendment for a Prescription Drug Benefit for Alzheimer’s Victims. In 2003, XXXX sponsored and voted for an amendment that would restate an existing provision of the underlying bill that would extend cost-sharing of prescription drug expenses until catastrophic coverage takes over for Medicare beneficiaries with Alzheimer’s disease. [Vote 252, 6/26/03] XXXX Voted Against Allocating $12 Billion for Additional Treatment for Medicare Beneficiaries With Cancer, Heart Disease, Alzheimers and Diabetes. In 2003, XXXX voted to kill an amendment that would allocate $12 billion for additional treatment for Medicare beneficiaries with cancer, heart disease, Alzheimer’s disease and diabetes and its complications. [Vote 253, 6/26/03] XXXX Voted Against Authorizing $2.4 Billion a Year for FYs 2009-2013 to Cut Premiums for Enrollees in a Medicare Prescription Drug Benefit. In 2003, XXXX voted against an amendment that would replace the text of a bill with language that would authorize $2.4 billion a year from fiscal 2009 through fiscal 2013 to be used by the administrator of the Center for Medicare and Medicaid Services to lower premiums for enrollees in a Medicare prescription drug benefit plan. The original bill would authorize $6 billion from fiscal 2009 through fiscal 2013 to improve treatment and services in the traditional Medicare fee-for-service program. Another $6 billion would be authorized for a subsidy to private drug benefit plans, which would no longer be linked to, or capped by, payments to the traditional program. [Vote 254, 6/26/03] XXXX Voted For $12 Billion in Experimental Prescription Drug Coverage Plans; Also Authorized $6 Billion to Subsidized Private Drug Plans. In 2003, XXXX voted for an amendment to the prescription drug benefit bill that would direct a previously unallocated $12 billion of the $400 billion authorized in the bill for two experimental prescription drug coverage plans to begin in 2009 and run through fiscal 2013. About $6 billion would be authorized for preventative care and chronic disease management in the traditional Medicare fee-for-service program. Another $6 billion would be authorized for a subsidy to private drug benefit plans, which would no longer be linked to, or capped by, payments to the traditional program. The AP described the proceedings 168

surrounding the vote “far more collegial” than those in the House debate on prescription drugs, and said the vote was “to divide the bill’s remaining $12 billion evenly between priorities favored by Republicans and Democrats.” [Vote 255, 6/26/03; AP, 6/26/03] XXXX Voted To Allow States to Provide Health Coverage to Legal Immigrant Children and Pregnant Women. In 2003, XXXX voted against an amendment to the prescription drug benefit bill. The amendment would strike a provision in the bill allowing states to provide health coverage to legal immigrant children and pregnant women. It would also express the sense of the Senate that the Finance Committee should hold hearings, relating to Medicaid or welfare reauthorization, on whether the five-year residency requirement for legal immigrants to obtain federal benefits under welfare should be overturned. According to CQ, President Bush supported the Sessions amendment. [Vote 256, 6/26/03] XXXX Voted Against Allowing Medicaid Beneficiaries to Participate in the New Medicare Drug Benefit. In 2003, XXXX voted against an amendment to the prescription drug benefit bill. The amendment would eliminate the exclusion of Medicaid beneficiaries from the new Medicare drug benefit. Medicaid would be the secondary payer for Medicare beneficiaries eligible for Medicaid. [Vote 257, 6/26/03] XXXX Voted Against Allowing Sale of Medigap Policies With Prescription Drug Coverage to Those Enrolled in Medicare Prescription Drug Benefit. In 2003, XXXX voted against an amendment to the prescription drug benefit bill. The amendment would strike a provision prohibiting the sale of Medigap policies with prescription drug coverage to those enrolled in the stand-alone Medicare prescription drug benefit. If displaced from their Medigap plan, seniors would be allowed to transition to any non-prescription plan offered by the same Medigap carrier or one of the two new prescription drug plans in the underlying bill. If the Medigap carrier did not offer another plan, seniors would have open enrollment into new plans offered by other carriers in the same region. [Vote 258, 6/26/03] XXXX Voted to Require Reimbursement to Health Centers for Difference Between Medicare and MedicareAdvantage. In 2003, XXXX voted to require reimbursement to health centers for the difference between the payment it received under Medicare and the payment it would receive for MedicareAdvantage. The vote was on an amendment to the prescription drug benefit bill that would require the Health and Human Services Secretary to reimburse a federally qualified health center for services rendered to an individual enrolled in a MedicareAdvantage plan for the amount equal to the difference between the payment it now receives under Medicare and the payment it would receive for MedicareAdvantage. [Vote 242, 6/25/03] XXXX Voted Against Reducing Prescription Drug Premium for Seniors Beyond Cost Limit But Not Yet Eligible for Catastrophic Coverage. In 2003, XXXX voted against reducing the premium for seniors whose prescription drug costs exceeded the Medicare cost limit for sharing drug expense, but did not yet qualify for catastrophic coverage. The vote was on an amendment to the prescription drug benefit bill, which would stipulate that eligible beneficiaries would pay reduced premiums if they are beyond the cost limit for sharing drug expense with Medicare but are not yet eligible for catastrophic coverage. [Vote 244, 6/25/03] XXXX Voted Against Requiring Balanced Visual and Audio Information in Drug Advertisements. In 2003, XXXX voted against an amendment to limit direct-to-consumer advertising of brand-name prescription drugs. The amendment would require drug companies to release advertisements with balanced visual and audio information. The Health and Human Services secretary would be required to speed up the review process of such advertisements. The secretary also would be able to require drug companies to assess their drugs against similar ones that already exist and include those comparisons in advertisements. Drug companies violating the advertising rules would be subject to civil penalties. [Vote 243, 6/25/03; CQ Daily Monitor, 6/25/03] XXXX Voted To Kill An Amendment That Would Give Employers an Incentive to Continue Helping Retirees Pay for Drugs. In 2003, XXXX voted to kill an amendment that would count “contributions from employers toward the money seniors must spend before a government prescription drug benefit would kick in.” The amendment would expand the definition of out-of-pocket expenses in the bill to include payments made by employers for retiree drug coverage and other third-party coverage not already included in the bill. Backers of the 169

amendment argued that it “would have given employers an incentive to continue helping their retirees pay for their medicines.” Opponents argued that “limited government dollars should be targeted to those with no coverage at all,” the AP reported. [Vote 233, 6/24/03; AP, 6/24/03] XXXX Voted Against Making Employer Compensation for Prescription Drugs Equal to National Average Monthly Premium for One Year. In 2003, XXXX voted against an amendment that would modify the subsidy paid to qualified retiree prescription drug plans to be equal to the national average monthly premium for one year. The amendment – the Dodd amendment – was offered to the prescription drug benefit bill. [Vote 241, 6/24/03] XXXX Voted to Require Private Drug Plans to Disclose Costs Passed on to Seniors; Would Allow Prescriptions That Covered Up to 90 Days. In 2003, XXXX voted for an amendment that would require drug cost disclosure by private health plans, to disclose the costs they passed on to seniors. The amendment would also “let drug stores fill 90-day prescriptions for Medicare recipients.” The bill had reserved that right for mail order houses. The amendment would require private plans being used by Medicare beneficiaries to disclose the costs they pass on to seniors through pharmacies. Plan providers would be subject to audits as directed by the administrator of the Center for Medicare and Medicaid Services. Providers also would have to allow seniors to receive prescriptions covering up to 90 days, either via mail order or from a community pharmacy. Private plans would be prohibited from requiring pharmacies to accept insurance risk to participate in the plan. [Vote 228, 6/19/03; AP, 6/19/03] XXXX Voted Against a Government Run Prescription Drug Benefit. In June 2003, XXXX voted against an amendment that would have created a prescription drug benefit under the traditional Medicare program available to all eligible recipients. The program would have been available every year in addition to any private plans offered. The administrator of the Center for Medicare and Medicaid Services would have been authorized to adjust requirements or payments to control the cost of the program. [Vote 227, 6/18/03] XXXX Voted Against Delaying Cuts to Dividend Tax And Top Rate Until Medicare Prescription Drug Benefit Was Enacted. In 2003, XXXX voted against an amendment that would have delayed the dividend tax cut and acceleration of a reduction of the top income tax rate in the 2003 Bush tax cut bill until a prescription drug benefit for Medicare recipients was enacted. [Vote 159, 5/15/03] XXXX Voted Against Reducing Bush’s Tax Cut and Creating A Medicare Prescription Drug Benefit. In 2003, XXXX voted against an amendment to create a prescription drug benefit for seniors under Medicare. The amendment would cancel the proposed dividend income tax cut and split the money by adding $219 billion to the $400 billion already set aside in the budget for a Medicare prescription drug benefit and devote the remainder to deficit reduction. “This is the Medicare vote of the year 2003,” said Sen. Bob Graham. The amendment failed 55- 44. [Vote 63, 3/20/03; National Journal’s Congress Daily, 3/21/03] XXXX Voted Against A Prescription Drug Benefit For All Medicare Beneficiaries. In 2003, XXXX voted against requiring that any Medicare prescription drug benefit to be available to all beneficiaries on an equal basis, including those who choose to remain in the fee-for-service program. [Vote 82, 3/25/03]  XXXX Voted Against Reducing Tax Cuts to Provide $194 Billion For Medicare Prescription Drug Program. In 2003, XXXX voted against a Democratic effort that would have reduced the size of the tax cut in the resolution by $1.24 trillion and increase domestic spending in many areas, including a $194 billion increase in funding for a Medicare prescription drug program. [Vote 83, 3/25/03] XXXX Opposed a Universal Medicare Prescription Drug Plan. In 2002, XXXX voted against a universal Medicare prescription drug plan targeted towards low-income senior citizens and those with the highest medical bills, at a cost to the Federal Government of $390 billion over ten years. This amendment would have provided prescription drug coverage for Medicare recipients with incomes of up to 200 percent of the poverty level, and it would have provided catastrophic coverage for drug costs over $3,300 per year for an annual payment of $25 per year. All recipients would have been eligible for a five percent discount on prescription drugs. All 165,000 New Hampshire residents on Medicare, including the 70,000 with incomes below 200 percent of the poverty line and the 170

30,000 with prescription drug costs above $3,300 per year, would have been eligible for this program, according to Congressional Budget Office estimates. [S 812, Vote 199, 7/31/02] XXXX Voted for Republican Medicare Prescription Drug Plan. In 2002, XXXX voted for the Republican Medicare prescription drug plan. This plan, which is estimated to cost $370 billion over eight years, is a plan in which the government would “pay subsidies to private insurers to provide coverage for drug costs, with insurers allowed to vary premiums and other details.” “Under the ‘standard coverage’ defined in the Republican proposal, a beneficiary would pay premiums of $24 a month and a deductible of $250 a year, plus substantial co-payments: half the cost of drugs up to $3,450 a year, all drug costs from $3,451 to $5,300 and 10 percent of drug costs more than $5,300. Under the Republican plan, insurers could alter the premiums, benefits and co-payments if they received approval from the government. Democrats said there was no precedent for such ‘drug only’ coverage. ‘Why subject our seniors to a vast social experiment?’ asked Senator Blanche Lincoln, Democrat of Arkansas. ‘I cannot in good conscience vote for a plan that relies on such an untried, untested delivery system.’” [S 812, Vote 187, 7/23/02; New York Times, 7/24/02] XXXX Opposed A Democratic Medicare Prescription Drug Plan Alternative. In 2002, XXXX voted against the Graham amendment to S.812, which was the Democratic Medicare prescription drug plan. This plan, which is estimated to cost $594 billion over eight years, is a plan to provide uniform, universal prescription drug coverage to all senior citizens through Medicare, not private insurers. Under this proposal, “a Medicare beneficiary would pay premiums of $25 a month and co-payments of $10 for each generic drug and $40 for each brand name drug on a list of approved medicines. There would be no deductible. The beneficiary’s out-of-pocket costs would be limited to $4,000 a year.” [S 812, Vote 186, 7/23/02; New York Times, 7/24/02] XXXX Voted to Cut Taxes Before Passing Prescription Drug Benefit Plan. In 2001, on a vote of 48-51, XXXX wanted to put a tax cut ahead of a Medicare prescription drug benefit plan. This amendment made it clear that reforming Medicare and providing prescription drug benefits is more important to Democrats than providing tax cuts for the wealthy. Some seniors on fixed incomes have to make the choice between buying medicine or food. [HR 1836, Vote 117, 5/21/01] XXXX Cast Deciding Vote Against a Prescription Drug Benefit Plan for Medicare. In 2001, on a vote of 50- 50, XXXX cast the deciding vote to kill a prescription drug benefit plan. During debate on the budget resolution, an amendment was offered to provide $311 billion over 10 years for a Medicare prescription drug benefit. [H Con Res 83, Vote 66, 4/3/01] XXXX Voted For A Republican Amendment To Increase Medicare Spending For Prescription Drugs And Keep Tax Cuts. In 2001, XXXX voted for an amendment that would increase the reserve fund for Medicare reform and prescription drug access for Medicare beneficiaries to a maximum of $300 billion for FYs 2002-2011. The amendment would not reduce the President's proposed 10-year, $1.6 trillion tax cut package. The amendment was agreed to, 51-50, with the Vice President voting “aye.” [H Con Res 83, Vote 65, 4/3/01] XXXX Voted Against Providing Prescription Drug Benefits. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Kennedy amendment to S.1429, which was an amendment to recommit the bill to the Senate Finance Committee with instructions to add language that would reduce the bill’s tax cuts by an amount sufficient to allow the establishment of a Medicare prescription drug benefit program. [Vote 231, 7/29/99] XXXX Voted Against Prescription Drug Benefit for Medicare. In 1999, XXXX voted to kill the Kennedy amendment to S.Con.Res.20, which was an amendment to establish a reserve fund to pay for Medicare prescription drug benefits. [Vote 79, 3/25/99] XXXX Voted Against Requiring a Medicare Prescription Drug Benefit Before Tax Cuts. In 2000, XXXX voted against prohibiting any of the marriage tax relief in the Medicare prescription drug benefit bill from going into effect before the enactment of legislation that provided, to all Medicare beneficiaries, Medicare prescription drug benefits that guaranteed "meaningful, stable coverage." The motion was rejected, 49-50. [Vote 206, 7/17/00] 171

XXXX Voted Against Adding Prescription Drug To Medicare. In 2000, XXXX voted against an amendment that would add a large new prescription drug program to Medicare, which would provide prescription drug benefits to Medicare recipients as an entitlement. Private sector contractors would be hired to provide the benefits. The amendment was rejected, 44-53. [Vote 144, 6/22/00] XXXX Voted to Cut Taxes by $150 Billion and Established Reserve Fund for Medicare and Rx Drug Program. In April 2000, XXXX voted for adopting the conference report on the fiscal 2001 concurrent resolution on the budget. The resolution calls for cutting taxes by $150 billion over five years and creates a 'reserve fund' of $25 billion that could also be used for tax cuts. It also would establish a $40 billion reserve fund for Medicare overhaul and to provide prescription drug coverage for seniors. The plan calls for $600.3 billion in discretionary spending and allows for $310.8 billion in defense appropriations. It would set non-defense discretionary spending at $289.5 billion. The bill passed 50-48. [Vote 85, 4/13/00] Rx DRUG REIMPORTATION XXXX Voted Against Allowing Reimportation Of Prescription Drugs From Canada. In May 2012, XXXX voted against McCain, R-Ariz., amendment no. 2107 that would allow the importation by individuals of drugs from approved Canadian online pharmacies. It would require the Health and Human Services secretary to publish on the Food and Drug Administration website a list of approved Canadian pharmacies, including their website addresses. The amendment was rejected by a vote of 43-54 (D 26-24; R 16-29; I 1-1). [Vote 108, 5/24/12] XXXX Voted Against Allowing Consumers to Import Prescription Drugs from Other Countries. In December 2009, XXXX voted against an attempt by Sen. Dorgan to allow consumers to import prescription drugs into the United States from other countries. It would have waived a limitation on importing prescription drugs for registered importers and individuals for personal use. The amendment was defeated 51-48 in a vote that divided both parties. [CQ Today, 12/15/09; Vote 377, 12/15/09]  XXXX Voted For A Similar Amendment Allowing Prescription Drugs Importation, Requiring HHS Secretary to Certify No Risk to Public. XXXX voted for an alternative amendment from Frank. R. Lautenberg, D-N.J., that was identical to Dorgan’s language except for a provision that would require the secretary of Health and Human Services to certify that the provisions would “pose no additional risk to the public’s health and safety, and result in a significant reduction in the cost of covered products to the American consumer” before it could take effect. The amendment failed 56-43. [CQ Today, 12/15/09; Vote 378, 12/15/09] XXXX Voted For Re-Importation. XXXX voted for an amendment to the FY2009 budget that called on senate leaders to bring to the floor for debate on legislation that would legalize the importation of prescription drugs from highly industrialized countries. [Vote 84, 3/14/08] XXXX Voted Against Re-Importation in 2007. In May 2007, XXXX voted against allowing the importation of safe, affordable prescription drugs from Canada. The amendment would have allowed the importation of drugs if imported by a registered importer or by an individual for personal use from a registered exporter from Canada, the European Union, Australia, New Zealand, Switzerland, Japan, and other countries designated by the HHS Secretary if such importation did not adversely affect public health. Unlike XXXX, sixteen Republican senators voted to invoke cloture on the bill. [Vote 150, 5/3/07] VOTED TO BLOCK XXXX Voted to Make It Harder to Import Prescription Drugs in 2006. In 2006, XXXX voted against Senator David Vitter’s proposal to bar U.S. Customs agents from enforcing a Food and Drug Administration ban on importing prescription drugs from Canada. [Vote 191, 7/11/06; Times-Picayune, 7/12/06] XXXX Motioned to Kill An Amendment Requiring Drug Makers to Sell to U.S. Buyers on Same Terms as They Offer Canada. In 2003, XXXX led an attempt to kill an amendment to require U.S. drug makers to sell drugs on the same terms as they offer to buyers in Canada. The amendment would require U.S. drug makers to sell 172

pharmaceutical products to wholesalers or retailers on the same terms as the most favorable terms the drug makers offer Canada. [S 1, Vote 235, 6/24/03] XXXX Voted Against Bill Allowing Drug-Importation. In June 2003, XXXX voted against a bill that to allowed U.S. pharmacists to import drugs from Canada and resell them to American consumers. The plan, which passed the Senate 62-28 over objections from the Bush Administration, created a one-year test program for importation. [Vote 232, 6/20/03] XXXX Voted Against Allowing Reimporting Safe Rx Drugs From Canada. In 2002, XXXX voted against a bill to “change patent laws to make it more difficult for brand-name drug manufacturers to obstruct competition from lower-priced generic medicines. The bill also would allow U.S.-made drugs to be imported back from Canada, where the government controls drug prices.” More specifically, this bill would allow for a single 30-month stay against Food and Drug Administration approval of a generic drug patent when a brand-name company’s patent is challenged. It would authorize the secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States, and it would allow individuals to import prescription drugs from Canada if the medication is for personal use and is less than a 90-day supply. [S 812, Vote 201, 7/31/02; The Washington Post, 08/01/02] XXXX Voted Against Certifying that Imported Drugs are Safe. In 2002, XXXX voted against an amendment to codify state authority to set up programs designed to force pharmaceutical companies to discount drug prices for Medicaid patients and other groups. This was an amendment “to remove legal obstacles for states that want to extend Medicaid drug discounts to low-income residents who aren’t eligible for the government insurance program for the poor.” [S 812, Vote 182, 7/18/02; Bloomberg News, 07/18/02] XXXX Voted to Certify that Imported Drugs are Safe. In 2002, XXXX voted for an amendment requiring the secretary of Health and Human Services to certify to Congress that the implementation of the provisions pose no risk to the public's health and safety and would result in a significant cost reduction of prescription drugs for consumers before the provisions of the Dorgan amendment can go into effect. The original amendment would authorize the secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada. It also would require Canadian pharmacies and wholesalers that provide drugs for importation to register with HHS and allow individuals to import prescription drugs from Canada if the medication is for personal use and is less than a 90-day supply. [S 812, Vote 180, 7/17/02] XXXX Voted Against Allowing the Importation of Drugs from Canada. In 2002, XXXX voted against an amendment that would authorize the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. It also would provide for an import suspension of any covered products found to be counterfeit or in violation of current law. It would require Canadian pharmacies and wholesalers that provide drugs for importation to register with HHS and allow individuals to import prescription drugs from Canada if the medication is for personal use and is less than a 90-day supply. The underlying Dorgan amendment would authorize the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. It also would require Canadian pharmacies and wholesalers that provide drugs for importation to register with HHS and allow individuals to import prescription drugs from Canada if the medication is for personal use and is less than a 90-day supply. [S 812, Vote 179, 7/17/02] Rx PRICE NEGOTIATION XXXX Voted Against Allowing Medicare to Negotiate Lower Drug Prices. In April 2007, XXXX voted against a bill that would have allowed – not required – Medicare to negotiate with drug companies. Republicans argued that the bill would be a step towards government run healthcare while the AARP, a lobby for older people, supported the measure. The proposal would have stricken language in the 2003 Medicare Modernization Act that prohibits the HHS Secretary from participating in price negotiations for the drug benefit. [Vote 132, 4/18/07; Los Angeles Times, 4/19/07; New York Times, 4/19/07] 173

XXXX Voted Against Amendment Allowing Feds to Negotiate Medicare Drug Prices. In March 2006, XXXX joined the majority of Senate Republicans and voted against an amendment to allow the federal government to negotiate with manufacturers for lower prescription drug prices through Medicare. The bill’s sponsor Senator Dorgan explained, “This is a pretty painless way to save billions for Medicare and allow Medicare to save enough money to eliminate gaps in prescription drug coverage and offer meaningful prescription drug coverage to every senior citizen.” Twelve Republicans voted in favor of the bill. [Vote 50, 3/15/06] XXXX Voted To Kill Amendment to Allow Government to Negotiate Drug Prices Through Medicare. In November 2005, XXXX voted to kill an amendment that would have allowed the federal government to negotiate drug prices. The amendment which was introduced by Maine Republican Olympia Snowe, would have authorized the Secretary of HHS to negotiate prescription drug prices through Medicare, but specifically not have allowed him to set prices. [Vote 302, 11/3/05] XXXX Voted Against Allowing the Government to Negotiate Lower Drug Prices for Medicare. In 2005, XXXX voted against an amendment that would have inserted language allowing the Secretary of Health and Human Services to negotiate with drug manufacturers for lower drug prices under Medicare. [Vote 60, 3/17/05] XXXX Voted to Kill An Amendment Requiring Drug Makers to Sell to U.S. Buyers on Same Terms as They Offered Canada. In 2003, XXXX voted to kill an amendment that would have required U.S. drug makers to sell drugs on the same terms as they offer to buyers in Canada. The amendment would have required U.S. drug makers to sell pharmaceutical products to wholesalers or retailers on the same terms as the most favorable terms the drug makers offer Canada. [Vote 235, 6/24/03] EXPANDING HEALTH CARE XXXX Voted Against Health Coverage for All Americans. In 2004, XXXX voted against an amendment that increased spending by $60 billion from fiscal 2005 through 2009 to provide health insurance coverage to people without insurance. The spending would have been offset by revenue increases. [Vote 47, 3/11/04] XXXX Voted Against Paying For Steel Workers’ Health Insurance Costs. In 2002, XXXX voted against closing debate on an amendment that would pay 70 percent of the health insurance costs of approximately 125,000 former steel workers and their dependents for 1 year. Former steel workers who had worked 15 years or more and who had lost their health benefits due to their companies going bankrupt would be eligible. The cloture motion was rejected, 56-40. [HR 3009, Vote 117, 5/21/02] XXXX Voted Not to Block A Republican Measure To Make Health Insurance Costs Fully Deductible For The Self-Employed. In 2001, XXXX voted for an amendment that would make health insurance costs of self- employed Americans fully deductible in 2001. Senator Baucus raised a constitutional point of order that the amendment would affect revenues on a bill that did not originate in the House of Representatives. The point of order was sustained, 52-45. [S 1052, Vote 194, 6/21/01] XXXX Voted Against Reducing Insurance Premiums. In May 2001, XXXX voted against an amendment that would provide a deduction for eligible long-term care insurance premiums that would be offset by eliminating the first reduction scheduled in the 39.6 percent tax rate. [HR 1836, Vote 162, 5/23/01] XXXX Voted To Lower Insurance Premiums by Using the Surplus. In 2001, XXXX voted for an amendment that would provide for a deduction for eligible long-term care insurance premiums that would be funded using the surplus. The underlying Graham amendment would provide a deduction for eligible long-term care insurance premiums that would be offset by eliminating the first reduction in the 39.6 percent tax rate scheduled for fiscal 2002. [HR 1836, Vote 161, 5/23/01] XXXX Voted Not to Reduce Tax Cuts And Provide Resources For Health Care, Education. In 2001, XXXX voted to kill an amendment that would strike all after the first word and substitute an alternative bill. Its sponsor stated that the amendment would provide $900 billion in tax relief, provide funds to pay down the debt, and leave 174

"adequate resources" for new spending on health care, education, Social Security, and Medicare. The motion to waive was rejected, 41-58. [HR 1836, Vote 144, 5/22/01] XXXX Voted For A Republican Amendment To Make Small Business Health Insurance Costs Tax Deductible. In 2001, XXXX voted for an amendment that would adjust the functional totals to provide $70 billion more in tax cuts in order to accommodate the enactment of the following health insurance tax credits for small businesses: a tax credit to purchase health insurance for employees; a tax credit to make long-term care insurance deductible; and a tax credit to make health insurance costs deductible (for both self-employed people and people whose employers do not provide health insurance). The amendment failed 49-51. [H Con Res 83, Vote 83, 4/5/01] XXXX Voted Against Considering An Amendment To Provide A Small Business Tax Credit For Health Insurance. In 2000, XXXX voted against a motion to waive the Budget Act for the consideration of the Durbin amendment (No. 3852) to the Marriage Tax Relief Reconciliation Act of 2000 (H.R. 4810). The amendment would provide a tax credit to small businesses that offered health insurance coverage to their employees. The motion was rejected, 49-49. [Vote 205, 7/17/00] XXXX Voted Against An Amendment To Deny Tax Cuts And Expand Health Insurance Coverage. In 2000, XXXX voted against an amendment that would adjust the functional totals to deny $11.2 billion over 5 years of the $150 billion in tax cuts that would be provided by the resolution. It would also adjust the functional totals in order to increase total Federal spending by that amount, with the intention that the extra spending would be used to expand the Children's Health Insurance Program (CHIP) to cover adults as well as children. The amendment was rejected, 49-49. [Vote 78, 4/7/00] XXXX Opposed An Amendment That Would Expand Health Insurance Spending. In 2000, XXXX voted against an amendment that would scale down tax cuts in the budget resolution, and use the difference to increase spending for the Children’s Health Insurance Program to cover adults as well as children. The motion to table failed, 49-49. [Vote 77, 4/7/00] XXXX Cast Crucial Vote, Opposed An Amendment To Make Health Insurance Costs Fully Deductible For The Self-Employed. In 1999, XXXX supported an effort to kill an amendment (No. 2751) to the Bankruptcy Reform Act of 1999 that would enact several health care provisions, including a provision establishing severe new civil penalties for false certification of eligibility for hospice care under Medicare. It also included tax cuts to make the health insurance costs of the self- employed fully deductible. The motion to table was agreed to, 50-48. [Vote 356, 11/9/99] HEALTH CARE FUNDING XXXX Led Attempt To Slash $9 Billion in Funding for Education, Health Care and Other Domestic Priorities. In October 2007, XXXX led effort by 40 Senate Republicans to slash $9 billion in funding for essential priorities in the Departments of Labor, Health and Human Services and Education, such as No Child Left Behind funding, research for medical cures, child care assistance for working families, and Pell Grants. [Vote 390, 10/23/07; CQ Today, 10/23/07; Los Angeles Times, 2/6/07; Education Week, 2/12/07] XXXX Voted For A Motion to Ensure $1 Billion in Health Funding Was Not Cut out Of Budget. In November 2005, XXXX voted for a motion to instruct the members of the Conference Committee on Labor-HHS- Education Appropriation Bill, to insist that the final bill fund the National Institutes of Health at the level laid out in the Senate’s version of the bill. The Senate bill included an increase of $1 billion in funding for the NIH. [Vote 350, 11/18/05] XXXX Voted Against Prioritizing Children’s Healthcare Over Tax Cuts for Richest Americans. In November 2005, XXXX voted to kill an amendment to the Tax Reconciliation Bill that would have prioritized children’s healthcare over high-income tax cuts. The amendment would have expressed the sense of the Senate, that the 15 percent dividend and capital gains tax cuts should not be extended until the federal government provided 175

funding to state and local governments to enroll children in the State Children’s Health Insurance Program. [Vote 337, 11/17/05] XXXX Voted Against Amendment to Prevent Severe Reduction in Payments to States for Medical Assistance. In November 2005, XXXX voted against an amendment that would have prevented a severe reduction in the federal medical assistance percentage determined for a state for fiscal year 2006 and to extend rebates for prescription drugs to enrollees in Medicaid managed care organizations. [Vote 291, 11/3/05] XXXX Voted Against Emergency Funding for Health Care for Hurricane Katrina Victims. In November 2005, XXXX voted against an amendment would have granted access to Medicaid to Hurricane Katrina victims for up to five months; it also provided full federal funding for Medicaid in Louisiana, Mississippi and Alabama for up to one year; provided $800 million to compensate providers caring for Katrina evacuees; it temporarily suspended the Medicare Part B late enrollment penalty; and permitted states hit by or serving evacuees to access the TANF Contingency Fund. It would have been offset with funds unspent by the FEMA. [Vote 285, 11/3/05] XXXX Voted For $20 Billion In Aid to States. In 2003, XXXX voted for an amendment that would authorize $10 billion a year for two years for states and localities, including $5 billion a year for grants for education or job training, health care or other social services, transportation or infrastructure, and law enforcement or public safety. The remaining $5 billion per year would be for a temporary increase in federal Medicaid assistance to states. [S 1054, Vote 157, 5/15/03; Congressional Record, 5/15/03] XXXX Voted To Increase Health Spending By $2.8 Billion. In 2003, XXXX voted to increase spending on the National Institutes of Health, the Health Resources and Services Administration and the Centers for Disease Control and Prevention by $2.8 billion in fiscal 2004. The increase would be offset by other spending reductions. The vote was on the Specter, R-Pa., amendment to the FY 2004 budget resolution. [S Con Res 23, Vote 80, 3/25/03] XXXX Voted Against Protecting $ 20 billion in Funding for Health Care Providers. In 1999, XXXX cast a crucial vote against reserving $20 billion over ten years for relief from unintended consequences of Balanced Budget Act on teaching hospitals, skilled nursing facilities, home health providers, rural and other community hospitals, and other health care providers, by reducing and deferring certain new tax breaks in the bill. [Vote 234, 7/30/99] XXXX Voted for Budget that Shortchanges Americans on Health Care. In 1998, XXXX voted for the adoption of the concurrent resolution to adopt a five-year budget plan that calls for any federal revenues generated from a possible tobacco settlement to be used to bolster the solvency of the Medicare program. The resolution does not provide for net tax cuts, but anticipates five-year tax cuts of $30 billion, offset by new tax revenues or reductions in mandatory spending. It also contains non-binding language calling for expiration of the tax code by Dec. 31, 2001. The resolution sets budget levels for the fiscal year ending Sept. 30, 1999: budget authority, $1,730 billion; outlays, $1,730 billion; revenues, $1,738 billion; and surplus, $8.4 billion. [Vote 84, 4/2/98] XXXX Voted Against $8 Million for Health Care Financing Administration. In 1998, XXXX Voted against adding $8 million for the Health Care Financing Administration to hire more employees. [Vote 45, 3/26/98] SCHIP REAUTHORIZATION XXXX Voted Against Reauthorizing SCHIP and Expanding It to Cover 4 Million Additional Kids. In January 2009, XXXX voted against a $32.8 billion bill to reauthorize and expand the State Children’s Health Insurance Program. The bill would reauthorize the children’s insurance program for four and a half years, covering 4.1 million previously uninsured children. Its $32.8 billion cost would be funded with a cigarette tax of 62 cents per pack, according to a recent Congressional Budget Office estimate — up from 61 cents in previous versions. Similar versions of the bill passed in 2007 but were vetoed by President George W. Bush. Nine Republicans joined Democrats in voting “yes.” The bill passed 66-32. [CQ Today, 1/29/09; Families USA, January 2009; Vote 31, 1/29/09] 176

XXXX Opposed Providing Health Care to Pregnant Women. In 2008, XXXX voted against allowing pregnant women to be eligible for coverage under the State Children’s Health Insurance Program. [Vote 80, 3/14/08] *voted differently from McConnell  Prenatal Care is Critical to Children’s Health. “Babies born to mothers who received no prenatal care are three times more likely to be born at low birth weight, and five times more likely to die, than those whose mothers received prenatal care.” [Maternal and Child Health Bureau, HHS, accessed 3/14/08] XXXX Voted Six Times For SHIP Extension and Expansion. In 2007, XXXX voted six times for bi-partisan legislation to extend SCHIP funding and expand it by $35 billion over five years. The bill contained funding to provide coverage for an additional 3.2 ,million kids while including $100 million in funding to improve participation in the program. To offset the expansion, the legislation would have increased the tax on cigarettes by 61 cents to $1 per pack and raised taxes on other tobacco products. The bill would have provided 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. [Vote 403, 11/1/07; Vote 402, 11/1/07; Vote 401, 10/31/07; Vote 353, 9/27/07; Vote 352, 9/27/07; Vote 307, 8/2/07; Financial Times.com, 8/2/07; DPC, 7/31/07]  Children’s Health Bill Would Have Covered Four Million More Children. The $35 billion expansion bill would cover almost 4 million uninsured children and one independent analyst “calculated that more than three-fourths of those kids live in families earning twice the poverty limit or less.” [Los Angeles Times, 9/26/07; AP, 9/26/07]  Bill Would Have Covered Over 51,000 Kentucky Children. In 2007, Kentucky had 111,000 uninsured children. The legislation would have provided a funding increase covering roughly 51,500 more children. [Families USA Report; CRS and CMS data] XXXX Supported S-CHIP Reauthorization. In August 2007, XXXX voted for S-CHIP reauthorization in the Senate. [Vote 307, 8/2/07; AP, 8/3/07] XXXX Voted For A GOP Bill To Reform Medicare, Medicaid, And S-CHIP. In 2000, XXXX voted to provide tax relief, to increase the minimum wage, to improve Federal health care benefits, to permit controlled substances to be used for pain management but not assisted suicide or euthanasia, and to reauthorize the Small Business Act (H.R. 2614). The bill would enact numerous reforms that would provide an additional $32 billion over 5 years to strengthen Medicare, Medicaid, and the S-CHIP program. The motion to proceed was agreed to, 55-40. [Vote 286, 10/26/00] XXXX Voted Against Increasing Cigarette Taxes to Help Children’s Health Insurance Programs. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Kennedy amendment to S.949, which was an amendment to increase the excise tax on cigarettes by 43 cents per pack to provide $12 billion for children’s health insurance programs through Fiscal Year 2002. [Vote 149, 6/27/97] PATIENTS’ RIGHTS / MEDICAL MALPRACTICE XXXX Voted For Medical Malpractice Overhaul. In March 2013, XXXX voted in favor of Portman, R-Ohio, amendment no. 152 that would adjust the budget resolution to allow for a medical malpractice overhaul and provide reconciliation instructions for the Senate Judiciary Committee to report legislation that would reduce the deficit by $110 million in fiscal 2014 and by $63.8 billion by fiscal 2023. The amendment was rejected by a vote of 43-56 (D 1-51; R 42-3; I 0-2). [Vote 78, 3/23/13] XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped 177

the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $500,000. [Vote 116, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $750,000. [Vote 115, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Compensation for Medical Malpractice Suits. In 2004, XXXX voted for a bill that sought to curb damages against emergency and trauma center personnel, as well as obstetricians and gynecologists. The bill would have capped punitive damages at $250,000, or double the amount of economic compensation awarded whichever amount is greater. [Vote 66, 4/7/04] XXXX Voted to Cap Medical Malpractice Lawsuits. In 2004, XXXX voted for a bill that would have limited the liability of obstetricians and gynecologists in malpractice cases, despite the fact that limiting patients’ access to courts would not have helped current victims of malpractice, or detered other health care industry workers from being careful in the future. [Vote 15, 2/24/04] XXXX Voted For A Bill That Would Cap Medical Malpractice Non-Economic Damages At $250,000. In 2003, XXXX voted for bill that would have capped awards in medical malpractice lawsuits. The bill would have limited awards for non-economic damages to $250,000. [Vote 264, 7/9/03] XXXX Voted to Limit Punitive Damages on Medical Malpractice Cases. In 2002, XXXX voted for an amendment to limit punitive damages in medical malpractice cases to twice the sum of compensatory damages, among other minor provisions. [S 812, Vote 197, 7/20/02] XXXX Opposed Patients’ Bill of Rights. In 2001, XXXX voted against to as the Patients’ Bill of Rights, a bill to provide federal protections, such as access to specialty and emergency room care, and allow patients to appeal a health plan organization’s decision on coverage and treatment. It also would allow patients to sue health insurers in state courts over quality-of-care claims and at the federal level over coverage disputes. Economic and non- economic damages would not be capped, and punitive damages would be capped at $5 million. The bill, as amended, would exempt from federal cause of action all employers and plan sponsors with self-insured and self- administered health plans, including multiemployer plans, who act as their own designated decision makers. It also would require the administrative appeals process to be exhausted for patients before a cause of action is brought in connection with a denial of claim for benefits. [S 1052, Vote 220, 6/29/01] XXXX Voted For A “Tripartisan” Substitute That Would Cap Damages In Suits Against HMOs. In 2001, XXXX voted for an amendment that would enact various health insurance mandates, including on benefits that must be provided and on internal and external appeals processes that must be followed, and would create new rights to sue insurance providers. Under the substitute, suits would be allowed in Federal court under an "ordinary care" standard when a plan failed to comply with an external review decision or when it caused harm by delaying care, and damages would be capped. [S 1052, Vote 219, 6/29/01] XXXX Voted to Add a Huge Loophole to the Patients’ Bill of Rights. In 2001, XXXX voted for an amendment to add a huge loophole to allow HMOs to sell cheaper health plans to consumers if they give up their right to sue. This amendment would provide the insurance companies with a huge loophole to protect them from lawsuits. [S 1052, Vote 218, 6/29/01] XXXX Voted For A GOP Amendment to Place 75% Of Punitive Damages In A Trust Fund For The Uninsured. In 2001, XXXX voted for amendment would provide that 75 percent of any civil monetary penalty in any proceeding allowed under any provision of, or amendment made by, the Act could only be awarded to the Secretary of the Treasury, who would place the entire amount in a trust fund that would be used to provide health insurance to uninsured Americans. [S 1052, Vote 217, 6/29/01] 178

XXXX Voted For A GOP Amendment To Protect Small Businesses From Health Care Suits. In 2001, XXXX voted for an amendment that would add that employers who offered health insurance coverage to their employees and who employed at least 2 and not more than 15 people would be given the same protections from lawsuits that this bill will give to physicians, other health care professionals, and hospitals. [S 1052, Vote 215, 6/29/01] XXXX Voted For A Republican Move To Recommit The Patients’ Bill Of Rights. In 2001, XXXX voted an amendment that would make the research and experimentation tax credit permanent. [S 1052, Vote 214, 6/29/01] XXXX Voted For A GOP Amendment To Add Legal Protections For Doctors Providing Pro Bono Services. In 2001, XXXX voted for an amendment that would add that notwithstanding any other provision of law, "no health care professional shall be liable for the performance of, or the failure to perform, any duty in providing pro bono medical services to a medically underserved or indigent individual." Supporters of the motion argued that the amendment was extraneous and the issue had been addressed by the Coverdell Volunteer Protection Act of 1997. [S 1052, Vote 212, 6/29/01] XXXX Voted For A GOP Amendment To Apply Patient Protection Amendments To Collective Bargaining Plans. In 2001, XXXX voted for an amendment that would require that the general effective date (October 1, 2002) of the bill's amendments to the Public Health Services Act (PHSA) and the Employee Retirement Income Security Act (ERISA), as they pertain to group health plans, would apply to group health plans established through collective bargaining agreements. [S 1052, Vote 211, 6/29/01] XXXX Voted to Kill the Funding to Pay for Patients’ Bill of Rights Legislation. In 2001, XXXX voted for an obvious Republican attempt to kill the PBOR by eliminating the bill’s source of funding. [S 1052, Vote 210, 6/29/01] XXXX Voted For A GOP Amendment To Limit Health Care Causes Of Actions To Federal Court. In 2001, XXXX voted an amendment that would require causes of action under this Act to be brought exclusively in Federal court. In cases involving medically reviewable decisions, damages would be determined under the State law of the State in which the injury occurred. If a State had not enacted specific limits on health plan or issuer liability, any limits it had created for other health care entities would apply until it enacted such limits. [S 1052, Vote 207, 6/28/01] XXXX Voted For A Loophole to Exempt Health Plans from Liability. In 2001, XXXX voted for a Republican amendment which would have forced some workers to either: (1) choose a good health care plan and agree that their employer cannot be held accountable even when the employer is involved in medical decisions, or (2) choose a bad health care plan where they could hold their employer responsible for medical decisions, or (3) accept incentives, such as money, to not sign up for a health care plan at all. [S 1052, Vote 206, 6/28/01] XXXX Voted to Hold Designated Decision Makers Liable For Plan Decisions. In 2001, XXXX voted for an amendment under which an employer could have a designated decision maker (DDM) that would assume liability for plan decisions, including any liability for actions taken by the employer. The amendment would also strike the catch-all causes of action that this bill will allow to be brought in Federal and State courts against employers or DDMs, as the case may be, for failing "to exercise ordinary care in the performance of a duty" (for Federal suits) or "to otherwise perform a duty under the terms and conditions of the plan with respect to a claim for benefits of a participant or beneficiary" (for State suits). [S 1052, Vote 205, 6/28/01] XXXX Supported Capping Fees for Personal Injury Lawyers. In 2001, XXXX voted for an amendment to cap attorney fees in medical malpractice cases in which a plaintiff is awarded more than $100,000 at 15 percent or less of the total amount awarded, which would discourage lawyers from taking on these cases. [S 1052, Vote 204, 6/28/01] XXXX Voted Against Deferring To State Laws That “Substantially Comply” With Patient Protections. In 2001, XXXX voted against an amendment that would amend the bill to provide that if a State were to have a mandate that "substantially complies" with one of the mandated benefits in the bill, then its mandate would not be 179

superseded by the bill mandate. (The bill would supersede a State mandate unless it were "substantially equivalent" to a bill mandate; the Collins amendment proposed a "consistent with" standard). [S 1052, Vote 203, 6/28/01] XXXX Voted to Gut the PBOR and Allow States to Use Weaker Protections. In 2001, XXXX voted for an amendment “that would have allowed states wide latitude to opt out of the federal regulations” on patient protections “for workers who are covered by state laws, leaving millions uncovered, according to critics of the proposal.” This amendment would have allowed states with weaker patient protections than the federal law to opt of the federal law. [S 1052, Vote 202, 6/28/01; The Washington Post, 06/29/01] XXXX Voted For A GOP Amendment That Would Prevent Medical Reviewers From Ignoring Contract Terms. In 2001, XXXX voted for an amendment that would make clear that a medical reviewer could not require a health plan to provide coverage for items or services that were specifically excluded or expressly limited and disclosed in the health care plan's terms, regardless of any determination relating to medical necessity and appropriateness, experimental or investigational nature of the treatment, or an evaluation of the medical facts involved. The motion to table was agreed to, 54-45. [S 1052, Vote 200, 6/27/01] XXXX Voted For A GOP Amendment To Exempt Small Businesses From Health Care Liability. In 2001, XXXX voted for an amendment that would give small businesses (businesses with 50 or fewer employees) that purchased health care coverage for their employees liability from actions they take as fiduciaries, trustees, or plan administrators (this exemption from lawsuits would be equivalent to the protection the bill will give to doctors, hospitals, and other health care providers for their actions in relation to health care plan decisions). The exemption would not apply to the HMOs or other plan agencies hired by the small businesses to provide insurance. The amendment was rejected, 45-53. [S 1052, Vote 199, 6/27/01] XXXX Voted To Repeal Patient Protections If Reports Find That They Cause People To Lose Coverage. In 2001, XXXX voted for an amendment that would direct the Secretary of Health and Human Services to request the Institute of Medicine and the National Academy of Sciences to prepare and submit 5 annual reports, starting 2 years after the date of enactment, on the Act's impact on the number of individuals in the United States with health insurance coverage. If a report determined that 1 million or more people had lost their insurance as a result of passage of this Act, then the provisions to create new rights to sue employers and insurers in Federal and State courts would be repealed. The amendment was agreed to, 93-6. [S 1052, Vote 198, 6/26/01] XXXX Voted for “Blanket Immunity” to Protect Employers from Lawsuits. In 2001, XXXX voted for an amendment to protect employers, even if they are part of a patient’s medical decision, from lawsuits. [S 1052, Vote 197, 6/26/01; Note: The Senate later passed an amendment to protect many employers, but the first amendment pushed a “blanket immunity” policy that Democrats did not support.] XXXX Voted Against Providing A “Floor Of Federal Protection” For Patients. In 2000, XXXX voted against an amendment that would provide that any Federal legislation that is enacted "to protect patients against the abuses of managed care" would have to provide a "floor of Federal protection" that would apply to people insured in federally regulated private insurance plans, State-regulated private insurance plans, and State and local government insurance plans. The amendment was rejected, 47-51. [Vote 167, 6/29/00] XXXX Voted for A Republican Amendment To Limit Patient Protections To Self-Insured ERISA Plans. In 2000, XXXX voted for an amendment that would add the Patients Bill of Rights Plus Act, including “compromise language” that contained a new cause of action under which health maintenance organizations (HMOs) may be sued after completing the appeals process, but under which employers may not be sued unless they made the final decisions that caused the harm in question. The amendment would limit this protection to patients in Federally- regulated, self-insured ERISA plans. The amendment was agreed to, 51-47. [Vote 166, 6/29/00] XXXX Voted for GOP Alternative Bill Legislation Prohibiting Genetic Discrimination In Health Plans; Bill Lacked Several Protections. In 2000, XXXX voted for a Republican bill which extended protections against genetic discrimination, but failed to include more extensive patient protections. Before the law, insurance companies and health plans were barred from denying policies or adjusting premiums on those in groups plans on 180

the basis of a person’s genetic information. But Democrats sharply criticized the bill for not including several important protections, including provisions to stop insurers from revealing the results of genetic tests to other parties, such as employers. "It's not half a loaf; it's no more than a thin slice," Sen. Edward M. Kennedy (D-Mass.) said of the Republican measure. The vote came after the defeat of a broader proposal by Senate Minority Leader Daschle that also would have banned genetic discrimination in employment situations. [Vote 165, 6/29/00; Los Angeles Times, 6/30/00; National Journal's CongressDaily, 6/30/00] XXXX Voted Against Legislation to Protect Patients Rights. In 2000, XXXX voted against an amendment that would add health insurance provisions advanced by Senator Kennedy and certain other conferees on H.R. 2990, the Patient's Bill of Rights Plus Act. The amendment would not include provisions from the Senate-passed bill, such as the provision barring genetic discrimination in insurance coverage. The motion to table was agreed to, 51-48. [Vote 121, 6/8/00] XXXX Voted for a Weakened Patients' Bill of Rights. In 1999, XXXX voted for a weakened Patients' Bill of Rights. [Vote 210, 7/15/99] XXXX Cast Crucial Vote Against Requiring Health Insurance Plans to Allow Patients to Continue Seeing Providers For Up to 90 Days After Their Plans Terminated. In 1999, XXXX cast a crucial vote against an amendment to the Patient’s Bill of Rights Act by Sen. Kerrey that would have added provisions on continuity of care. Specifically, it would have required federally regulated and State regulated health insurance plans to permit plan participants to continue seeing their health care providers for up to 90 days after those plans terminated their contracts with those providers. Pregnant patients would not be required to change doctors during the course of their pregnancies. Terminally ill patients would not be required to change doctors. [Vote 209, 7/15/99] XXXX Voted Against Keeping HMOs from Interfering Patients Rights. In 1999, XXXX voted against keeping HMOs from interfering in decisions between doctors and their patients. [Vote 208, 7/15/99] XXXX Voted Against Holding HMO’s Accountable When Decisions Lead to Injury or Death. In 1999, XXXX voted for the Collins amendment to S.1344, which was an amendment to allow individuals to deduct 100 percent of the costs of long-term care insurance, at a cost of $5.4 billion with no offset, require coverage of emergency room services in some cases, require access to specialists and obstetrician and gynecological care for approximately half of the women in HMOs, and the amendment would not hold HMOs accountable for their actions, even when their actions cause serious injuries or death, by not allowing patients to sue in state courts for damages if they are harmed by a plan’s denial of treatment. [Vote 207, 7/15/99] XXXX Voted Against Holding HMO’s Accountable When Decisions Lead to Injury or Death. In 1999, XXXX voted for the Gregg amendment to S.1344, which was an amendment to strike language in the underlying bill that would allow patients to sue in state courts for damages if they are harmed by a HMOs denial of treatment. [Vote 206, 7/15/99] XXXX Voted Against Requiring Managed Care Access to Medical Specialists. In 1999, XXXX voted against the Bingaman amendment to S.1344, which was an amendment to allow patients in need of a specialist to visit one outside their plan network at no additional cost, if the plan cannot provide necessary care by a qualified provider within the network. [Vote 205, 7/14/99] XXXX Cast Crucial Vote; Against Protections Provided In Patient's Bill of Rights Apply to All Patients with Private Health Insurance. In 1999, XXXX cast a crucial vote against an amendment to extend mastectomy protections to privately insured Americans and extends protections in bill to all 161 million Americans with private health insurance. [Vote 204, 7/14/99] XXXX Voted to Guarantee Patients Access to Clinical Trials. In 1999, XXXX voted for an amendment that provides coverage for individuals participating in approved clinical trials and for approved drugs and medical devices. The amendment also requires that all patients with private health insurance be provided with inpatient coverage after mastectomy, lumpectomy, or lymph node dissection for treatment of breast cancer, for period of time 181

determined by attending physician in consultation with patient; and provides for full coverage of second opinions by specialists in appropriate medical field. [Vote 203, 7/14/99] XXXX Voted to Deny Health Protections to More Than 100 Million Americans. In 1999, XXXX Voted to deny basic health protections to more than 100 million Americans. [Vote 202, 7/13/99] XXXX Voted Against Ensuring Insurance Coverage for Emergency Room Care. In 1999, XXXX voted against the Graham amendment to S.1344, which was an amendment to require group health plans to cover emergency room treatment and follow-up care for plan members without prior authorization if a “prudent layperson” would determine that the member requires immediate medical attention. [Vote 201, 7/13/99] XXXX Voted to Limit Application of Patient’s Bill of Rights. In 1999, XXXX cast a crucial vote for an amendment to the Patient’s Bill of Rights Act by Sen. Nicles that provided that the Act would not apply to any health plan if its application in a year caused or would cause the plan’s premiums to rise by more than 1%. The amendment also stipulated that the Act would not apply to any health plan if its application caused or would cause a decrease in 1 year of more than 100,000 in the number of privately insured Americans.[ Vote 200, 7/13/99] XXXX Cast Crucial Vote To Limit Appeals Against Insurance Companies That Deny Medical Care. In 1999, XXXX cast a crucial vote for an amendment to the Patient’s Bill of Rights Act by Sen. Frist, which struck the section of the Kennedy bill regarding appeals of adverse coverage decisions. The Frist amendment would enact provisions that would differ from the Kennedy bill provisions in two main respects. First, instead of enacting a Federal definition for the term "medical necessity," it would enact criteria for internal and external reviewers to consider. The second major difference from the Kennedy bill is that the Frist amendment would limit the internal and external appeals disputes that could be considered to disputes regarding medical necessity and appropriateness and to denials of treatments based on their experimental or investigational nature. Non-medical disputes, such as legal or administrative disputes, would continue to be handled by insurance regulators. [Vote 199, 7/13/99] XXXX Cast Crucial Vote; Against Allowing Women to Choose Their OB/GYN as Primary Heath Care Providers. In 1999, XXXX cast a crucial vote against the Robb amendment to S.1344, which was an amendment to allow women in group health plans to designate an obstetrician/gynecologist as their primary care physician, and to determine, with their physicians, using generally accepted medical standards, the appropriate length of a hospital stay following a mastectomy, lumpectomy or lymph node dissection for the treatment of breast cancer. It also would allow self-employed individuals to fully deduct the cost of their health insurance on their federal taxes, the cost of which would be offset by an extension of Superfund taxes. [Vote 198, 7/13/99] XXXX Voted Against Providing Access to Emergency Rooms and Specialists. In 1999, XXXX voted to kill the Dorgan amendment to S.1233, which was an early version of the Patients’ Bill of Rights. This was an amendment to guarantee access to emergency rooms, specialists, clinical trials, and prescription drugs. It was an amendment to hold HMOs accountable when its decisions lead to injury or death, and to ensure that doctors, not HMO bureaucrats, make health care decisions. [Vote 182, 6/22/99] McConnell Voted to Limit Protections In Patients’ Bill of Rights. In 1999, McConnell voted for the Lott amendment to S.1233, which was a Republican version of the Patients’ Bill of Rights that did not ensure that doctors, not HMO bureaucrats, make health care decisions, and only covered one-third of those in HMOs, among many other provisions. [Vote 181, 6/22/99] XXXX Voted for Medical Malpractice Reform that Limited Patients Rights. In 1998, XXXX voted for medical malpractice reform measures that limited rights of injured patients to hold their doctors accountable. [Vote 144, 5/20/98] XXXX Cast Crucial Vote Against Strong Patients’ Bill of Rights. In 1998, XXXX cast crucial voted against a Patients’ Bill of Rights that would generate access to health coverage. [Vote 73, 4/2/98] 182

XXXX Voted to Allow Doctors to Gauge Patients. In 1998, XXXX voted to allow doctors, hospitals and other Medicare providers to charge patients unlimited amounts of money on top of their Medicare reimbursement, allowing doctors to gauge patients. [Vote 53, 4/1/98] HIV / AIDS XXXX Voted For Global HIV/AIDS, TB, and Malaria Program Reauthorization and Funding. In July 2008, XXXX voted for a bill that would authorize $48 billion over five years for programs under the President's Emergency Plan for AIDS Relief used to fight AIDS, tuberculosis and malaria overseas. The bill would replace the current requirement that one-third of all HIV prevention funding go to abstinence education with balanced funding for abstinence, fidelity and condom programs. It also would authorize $2 billion for American Indian health programs. The bill passed 80-16. [Vote 182, 7/16/08] XXXX Voted to Cut Global HIV/AIDS Funding Bill by $13 Billion. In July 2008, XXXX voted to cut funding to fight AIDS and other global diseases from $48 billion to $35 billion over five years. The amendment to the Global HIV/AIDS program reauthorization bill was offered by Senator Jim DeMint. Republican Richard G. Lugar, the ranking Republican on the Foreign Relations Committee, argued against the amendment, saying its passage would be “a severe blow to the United States leadership and prestige on this issue because it would profoundly affect the calculations of individuals, groups and governments that we are trying to engage in this fight against HIV-AIDS and whose commitments are, many of them, contingent upon our action today.” The amendment was rejected, 31-64. [CQ Today, 7/16/08; Vote 181, 7/16/08] XXXX Voted Against $74 Million Increase in Aids Drug Assistance Funding. In October 2005, XXXX voted against an amendment to the Labor-HHS- Education Appropriations bill that would have provided an additional $74 million for AIDS Drug Assistance Programs. [Vote 278, 10/27/05] XXXX Voted Against Shifting $879.7 Million from Iraq Reconstruction to Combat Global HIV/AIDS. In 2003, XXXX voted to kill an amendment that would have shifted $879.7 million from Iraq reconstruction to combat global HIV/AIDS. The amendment would have provided an additional $879.7 million for the prevention, treatment, and research of HIV/AIDS, offset by reducing the amount appropriated for Iraq reconstruction except for funds intended for training Iraqi security forces. [Vote 394, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Voted to Divert HIV/AIDS Relief Funds into Abstinence Programs. In October 2003, XXXX voted against an amendment that would have clarified the definition of HIV/AIDS prevention to mean only those programs and activities that are directed at preventing the sexual transmission of HIV/AIDS, and activities that include a priority emphasis on the public health benefits of abstinence. It would have stipulated that the requirement in the Global AIDS authorization bill that one-third of all prevention funding must be dedicated to “abstinence until marriage programs” and applies only to the funds for the prevention of the sexual transmission of HIV rather than all AID prevention funds. [Vote 430, 10/30/03] XXXX Voted Against $589.7 Million in Funding For HIV/AIDS, Tuberculosis, and Malaria Prevention. In October 2003, XXXX voted against an amendment that provided an additional $589.7 million for the Global AIDS Initiative, to remain available until Sept. 30, 2006, for programs for the prevention, treatment and research of HIV/AIDS, tuberculosis and malaria. [Vote 431, 10/30/03] XXXX Voted Against Moving $200 Million into the Global AIDS Initiative. In October 2003, XXXX voted against an amendment that provided an additional $200 million for the Global AIDS Initiative and reduced the Millennium Challenge Account by $200 million. [Vote 432, 10/30/03] XXXX Voted for HIV/AIDS Research Funding. In October 2003, XXXX voted for an amendment that would provide an additional $289 million available until Sept. 30, 2006, for the prevention, treatment, and research on HIV/AIDS, tuberculosis and malaria. [HR 2800, Vote 429, 10/30/03] 183

XXXX Opposed Adding $50 Million for Immunization Programs. In 2003, XXXX voted against an amendment “that would have added $50 million to the Centers for Disease Control and Prevention for immunization programs.” The amendment would provide for an additional $50 million for the Centers for Disease Control and Prevention national immunization program. The substitute amendment would provide $137.6 billion in discretionary spending in fiscal 2004 for the Labor, Health and Human Services and Education departments and related agencies. The motion to consider the Reed amendment was rejected 47-49. Subsequently, the chair upheld the point of order, and the amendment fell. [HR 2660, Vote 337, 9/10/03; CQ Daily Monitor, 9/10/03] XXXX Voted Against Providing an Additional $401 Million to the Ryan White Care Act, for AIDS care. In 2003, XXXX voted against providing an additional $401 million for AIDS care. The amendment would have increased funding for the Ryan White Care Act by $401 million. The substitute amendment provided $137.6 billion in discretionary spending in fiscal 2004 for the Labor, Health and Human Services and Education departments and related agencies. [Vote 335, 9/10/03; CQ Daily Monitor, 9/10/03] XXXX Opposed $940 Million for HIV/AIDS Prevention Programs. In 2003, XXXX voted against an amendment that would have provided an additional $940 million in funding for HIV/AIDS prevention programs through the Global Fund to Fight HIV/AIDS, Tuberculosis, and Malaria. The amendment would provide $472.2 billion in fiscal 2004 for the departments of Labor, Health and Human Services and Education and related agencies. [Vote 332, 9/9/03] XXXX Voted Against A Move to Shift $1.1 Billion From Defense Procurement to Fight Against Global HIV/AIDS. In 2003, XXXX voted against an amendment to eliminate $1.1 billion in the bill designated for defense procurement, research, development and testing and reallocate that sum toward the treatment and prevention of global HIV/AIDS, tuberculosis and malaria. [HR 2658, Vote 288, 7/17/03] XXXX Voted For Reauthorizing HIV/AIDS Funding. In 2003, XXXX voted for an amendment that expressed the sense of Congress that the provisions of the global HIV/AIDS bill enacted in 2003 be fully funded during the appropriations process, even if doing so exceeded the funding allowed by the fiscal 2004 budget resolution. [Vote 270, 7/10/03] XXXX Voted Against A Move to Shift $1.1 Billion From Defense Procurement to Fight Against Global HIV/AIDS. In 2003, XXXX voted against an amendment that would have eliminated $1.1 billion in the bill designated for defense procurement, research, development and testing and reallocate that sum toward the treatment and prevention of global HIV/AIDS, tuberculosis and malaria. [Vote 228, 7/17/03] XXXX Voted Against Authorizing Up To $1 Billion For The Global AIDS Fund. In 2003, XXXX voted against an amendment that would have authorized up to $1 billion for the Global AIDS Fund. The first $500 million would have been allocated with no conditions while the second $500 million would have been allocated only if foreign contributions totaled at least $1 billion. [Vote 177, 5/15/03]  XXXX Voted to Spend a Third of AIDS Relief Funding on Abstinence Education. In 2003, XXXX voted against an amendment that would have removed a provision requiring that 33 percent of the money for AIDS prevention programs be spent on abstinence education. [Vote 180, 5/16/03]  XXXX Voted Against Requiring the Bush Administration to Purchase AIDS Treatment Drugs At Lowest Possible Price. In 2003, XXXX voted against an amendment that would have directed the Bush administration to purchase AIDS treatment drugs at the lowest possible price. [Vote 181, 5/16/03]  XXXX Voted Against Protecting the Children of AIDS Victims. In May 2003, XXXX voted against an amendment that would have required the development and implementation of a plan to assist those who were caring for children orphaned after losing their parents to AIDS. [Vote 182, 5/16/03] 184

 XXXX Voted Against AIDS Relief for Caribbean Nations. In May 2003, XXXX voted against an amendment that would have included 14 Caribbean nations among the list of priority recipients eligible to receive aid. [Vote 183, 5/16/03] XXXX Voted Against An Amendment To Increase Funding To Fight Global AIDS By $800 Million. In 2003, XXXX voted against increasing by $800 million funding to fight AIDS, tuberculosis, and malaria around the world. The vote was on an amendment that would increase funding by $800 million on global AIDS treatment and prevention and programs to fight tuberculosis and malaria. It also would include $800 million for deficit reduction. The spending would have been offset by a reduction in tax cuts. [Vote 104, 3/26/03] XXXX Voted Against Providing $540 Million for Minority Health Services for HIV/AIDS Programs and an HHS Civil Rights Office. In 2003, XXXX voted against an amendment that would have provided $540 million for minority health services, including HIV/AIDS prevention and treatment programs, and the civil rights office of the Health and Human Services Department. The NAACP supported the $540 Million for minority health services. [Vote 20, 1/23/03; NAACP Legislative Report Card, 2003-04] XXXX Voted To Double Funding For The UN Fund To Fight HIV/AIDS. In 2002, XXXX voted to double to $200 million funding for fighting AIDS overseas. The amendment would increase the appropriation for the United Nations Child Survival and Health Programs Fund from $100 million to $200 million and would add an emergency designation. The $200 million would only be used for programs for the prevention, treatment, and control of, and research on, HIV/AIDS, and special emphasis would be given to aid directed at the prevention of transmission of HIV/AIDS from mother to child, including medications to prevent such transmission. A Democratic effort to boost the total to $500 million was rejected 49-46. [HR 4775, Vote 142, 6/6/02; Associated Press, 6/7/02] XXXX Voted Against Considering An Amendment To Increase Funding To $500 Million For A UN Fund To Fight AIDS. In 2002, XXXX voted against an amendment that would increase the appropriation for the United Nations Child Survival and Health Programs Fund from $100 million to $500 million, and would add an emergency designation in order to permit all of the spending to be deficit spending instead of within the budget. The motion was rejected, 46-49. [HR 4775, Vote 141, 6/6/02] NATIVE AMERICAN HEALTH XXXX Voted Against Funding for IHS. In 2005, XXXX voted against an amendment that required the Federal Reserve banks to transfer $1 billion in fiscal 2006 from surplus funds to the general fund of the Treasury for Indian health care services. Of those funds, it required that $1.4 million be made available to the Bureau of Indian Affairs and $860 million be made available to the Indian Health Service director. [Vote 163, 6/29/05] XXXX Opposed Billions for Indian Health Clinical Services. In 2004, XXXX voted against an amendment that would have provided the Appropriations Committee with an additional $3.4 billion for Indian health clinical services and covered that cost by eliminating either tax loopholes or a small portion of the substantial tax break that taxpayers with incomes in excess of $1 million are scheduled to receive this year. [Vote 52, 3/11/04] XXXX Voted Against Increasing Indian Health Funding By $2.5 Billion And Offset By Reducing Tax Cuts. In 2003, XXXX voted against increasing funding for the Indian Health Service by $2.5 billion and devote another $2.5 billion to deficit reduction. The vote was on an amendment that would offset the spending by a decrease in tax cuts [Vote 87, 3/25/03] XXXX Voted Against Adding $292 Million for Clinical Services of the Indian Health Service. In 2003, XXXX voted against an amendment that would have added $292 million in funding for the clinical services of the Indian Health Services. The amendment provided an additional $292 million in funding for clinical services of the Indian Health Service. [Vote 356, 9/23/03] XXXX Voted Against Transferring $72.9 Million to the Indian Health Service From the Office of Special Trustee for American Indians. In 2003, XXXX voted against transferring $79.2 million to the Indian Health 185

Service from the Office of Special Trustee for American Indians. The amendment would increase funding for the Indian Health Service by $79.2 million, with $63 million designated for clinical services. It would be offset by transferring $79.2 million from the Office of Special Trustee for American Indians. [Vote 362, 9/23/03] XXXX Voted For Increasing Funding For The Indian Health Service. In 2000, XXXX voted for an amendment that would increase the appropriation for the Indian Health Service by $7.372 million for diabetes treatment, prevention, and research, and would offset the cost of that increase by cutting the appropriation for the National Endowment for the Arts (NEA) by the same amount (which would leave NEA funding at its current level of $97 million). The amendment was rejected, 27-73. [Vote 176, 7/12/00] MEDICAL RESEARCH XXXX Voted Against $1.5 Billion for NIH. In March 2005, XXXX voted against an amendment that increased fiscal 2006 funding for the National Institutes of Health by $1.5 billion and education funding by $500 million. The amendment was offset by a $2 billion cut in the Allowances account. [Vote 56, 3/16/05] XXXX Opposed Raising Cigarette Taxes to Pay for Health Services. In 2004, XXXX voted against an amendment to provide $2 billion for deficit reduction and $30.5 billon over five years for medical research and health services, such as tobacco cessation programs, mental health programs, and substance abuse programs, with the $32.5 billion offset by increasing the cigarette tax by 61 cents per pack. [Vote 46, 3/11/04] XXXX Voted For $2 Billion in Increased Funding for Health Care Research. In 2004, XXXX voted for an amendment that increased funding for the National Institutes of Health by $2 billion. [Vote 56, 3/11/04] XXXX Supported $1.5 Billion in Funding for the National Institutes of Health. In 2003, XXXX voted for an amendment that would have added $1.5 billion in funding for the National Institutes of Health by designating the extra spending as an “emergency spending measure under the budget resolution.” The amendment would have provided an additional $1.5 billion in funding for the National Institutes of Health and designated the additional funding as emergency spending. The substitute amendment provided $137.6 billion in discretionary spending in fiscal 2004 for the Labor, Health and Human Services and Education departments and related agencies. [Vote 346, 9/10/03; CQ Daily Monitor, 9/10/03] XXXX Voted To Increase Funding For The NIH. In 2001, XXXX voted for an amendment to increase the Health function for FY 2002 by $700 million with the intention of increasing funding for the National Institutes of Health (NIH). It would offset the cost by decreasing the Allowances function (920) by the same amount (the Allowances function covers administrative costs). The amendment was agreed to, 96-4. [H Con Res 831, Vote 70, 4/4/0] XXXX Voted Against Requiring Prescription Drug Companies to Sell NIH-Patented Products At a Reasonable Price. In 2000, XXXX voted against prohibiting the National Institutes of Health (NIH) from granting a patent for, or exclusive right to, a drug developed by the NIH unless the company receiving the patent or exclusive right agreed to sell the drug at a “reasonable” price. The vote was on tabling the Wellstone amendment to the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Bill for fiscal year 2001. [Vote 168, 6/30/00] XXXX Voted To Earmark Funding For Antimicrobial Research. In 2000, XXXX voted for an amendment that would earmark $25 million to establish partnerships between the Federal Government, academic institutions, and State and local public health departments to carry out pilot programs for antimicrobial resistance detection, surveillance, education, and prevention and to conduct research on resistance mechanisms and new or more effective antimicrobial compounds. The amendment was agreed to, 96-0. [Vote 145, 6/27/00] XXXX Voted to Guarantee Patients Access to Clinical Trials. In 1999, XXXX voted for an amendment that provides coverage for individuals participating in approved clinical trials and for approved drugs and medical devices. The amendment also requires that all patients with private health insurance be provided with inpatient 186

coverage after mastectomy, lumpectomy, or lymph node dissection for treatment of breast cancer, for period of time determined by attending physician in consultation with patient; and provides for full coverage of second opinions by specialists in appropriate medical field. [Vote 203, 7/14/99] DOMESTIC VIOLENCE XXXX Opposed Benefits for Domestic Violence Victims. In March 2004, XXXX voted against an amendment that would have expanded the Family and Medical Leave Act to allow victims of domestic violence and sexual assault to take leave from work for up to 30 days. It would also allow victims of domestic violence, stalking or sexual assault to receive unemployment insurance if they lose their job as a result. [Vote 62, 3/25/04] XXXX Voted for $100 Million Grant Program for Domestic Violence. In 2004, XXXX voted to end the filibuster on a bill that included an amendment to create a $100 million grant program to help states combat domestic violence. [Vote 65, 4/1/04] DISEASE CONTROL XXXX Voted To Fund Pandemic Flu Preparations. In June 2009, XXXX voted for adopting the conference report on a $105.9 billion supplemental spending bill for military operations in Afghanistan and Iraq and pandemic flu preparations. The bill included $79.9 billion for defense funding, $10.4 billion for foreign aid and stabilization programs and $7.7 billion to address potential pandemic flu. It would provide $534.4 million for $500 per month in additional pay to military personnel in extended enlistments, $5 billion related to International Monetary Fund activities and $1 billion for a program to encourage consumers to trade in their cars for new, more fuel-efficient vehicles. It also would bar the use of funds in the bill to release detainees at Guantanamo Bay, Cuba, into the United States. The bill passed 91-5. [Vote 210, 6/18/09]  XXXX Voted To Fund for Pandemic Flu Preparations. In May 2009, XXXX voted for the second fiscal 2009 war supplemental bill, a $91.3 billion measure. It would provide $73 billion for the Department of Defense, $6.9 billion for state and foreign operations and $1.5 billion to address potential pandemic flu. It would provide $5 billion in budget authority for about $108 billion in funding for new commitments to the International Monetary Fund. It also would bar the use of funds in the bill to release detainees at the detention facility at Guantanamo Bay, Cuba, into the United States. It would ban the disclosure of certain photographs related to the treatment of individuals detained by the U.S. military after Sept. 11, 2001 under the Freedom of Information Act. The bill passed 86-3. [Vote 202, 5/21/09] XXXX Voted For An Amendment to Compensate First Responders Harmed by Experimental Avian Flu Vaccine. In May 2006 XXXX voted for an amendment to the Iraq War emergency supplemental bill that would add $289 million for the Public Health and Social Services emergency fund to compensate first-responders harmed by an experimental avian flu vaccine. [Vote 107, 5/3/06; CQ, 5/3/06] XXXX Voted Against Additional Funding to Fight Avian Flu. In March 2006, XXXX voted against an amendment to the Fiscal 2007 Budget Resolution that would have offered additional funds for combating avian flu. The amendment would have added an additional $5 billion to combat avian flu, help local preparedness and fund a government-directed effort to develop a vaccine. [Vote 55, 3/16/06] XXXX Opposed Adding $50 Million for Immunization Programs. In 2003, XXXX voted against an amendment that would have added $50 million for the Centers for Disease Control and Prevention national immunization program [Vote 337, 9/10/03; CQ Daily Monitor, 9/10/03] XXXX Opposed $25 Million for Programs to Fight West Nile Virus and $100 Million for Mosquito Control. In 2003, XXXX voted against an amendment to increase funding by $25 million for the Centers for Disease Control’s programs related to West Nile Virus, and increase by $100 million funding for the Centers for Disease Control’s mosquito control program. [Vote 345, 9/10/03] 187

TOBACCO XXXX Voted Against Allowing the FDA to Regulate Tobacco Products. In June 2009, XXXX voted against a bill that would authorize the Food and Drug Administration to regulate tobacco products. The measure would allow the FDA to regulate nicotine levels, bar flavor additives in tobacco products and require new warning labels on cigarette packages and advertising. The new oversight would be funded by user fees on tobacco companies and importers, likely causing an increase in the price of cigarettes and other tobacco products. The bill passed 79-17. [CQ Today, 6/11/09; Vote 207, 6/11/09]  XXXX Voted Against Considering the Bill to Allow FDA to Regulate Tobacco. In June 2009, XXXX voted against limiting debate on legislation to authorize the Food and Drug Administration to regulate tobacco products, paving the way for passage. The bill would allow the Food and Drug Administration (FDA) to regulate the manufacturing, sale and promotion of tobacco products. The motion to invoke cloture was agreed to 67-30. [Vote 206, 6/10/09] XXXX Voted to Tax the Plaintiff’s Lawyers in Cases Against Big Tobacco. In 2004, XXXX voted for an amendment that would express the sense of the Senate that legislation should be enacted that would impose an excise tax on a plaintiff's attorney in tobacco litigation cases equal to 5 percent of the excess fee transaction that exceeds $20,000 per hour. The revenue would be used to pay for military equipment, including heavily armored Humvees, body armor, unmanned aerial vehicles and ammunition. [S 2400, Vote 100, 5/19/04] XXXX Voted to Shield Companies from Asbestos Related Lawsuits. In 2004, XXXX voted to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would establish a fund to pay thousands of asbestos- exposure claims outside the court system via a no-fault fund of as much as $124 billion. The fund would be financed through contributions from defendant corporations and insurers, which would be shielded in return from most future lawsuits related to asbestos exposure. [S 2290, Vote 69, 4/22/04] XXXX Opposed Raising Cigarette Taxes to Pay for Health Services. XXXX voted against the Harkin amendment to the Fiscal Year 2005 Budget Resolution, which was an amendment to provide $2 billion for deficit reduction and $30.5 billion over five years for medical research and health services, such as tobacco cessation programs, mental health programs, and substance abuse programs, with the $32.5 billion offset by increasing the cigarette tax by 61 cents per pack. [Vote 46, 3/11/04] XXXX Voted to Limit Attorney Fees On Tobacco Settlements Over $100,000. In 2003, XXXX voted for an amendment that would have limited attorney fees on tobacco settlements of over $100,000 to 500 percent of the standard hourly rate and return the rest to the states that were their clients. [S 1054, Vote 161, 5/15/03] XXXX Voted Against National Tobacco Policy and Youth Smoking Reduction Act. In 1998, XXXX voted against the National Tobacco Policy and Youth Smoking Reduction Act. The bill would require the tobacco industry to pay $516 billion over 25 years for anti-smoking, education and research programs, raise taxes on cigarettes by $1.10 per pack over five years, grant authority to the Food and Drug Administration to regulate nicotine and impose penalties on the tobacco industry if youth smoking does not decrease by 60 percent over 10 years. [Vote 153, 6/10/98] XXXX Voted Against Using Tobacco Settlement to Stop Teen Smoking. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Conrad amendment to S.Con.Res.86, which was an amendment to permit the federal government to use its share of revenue from any tobacco settlement for programs to reduce child smoking, an increase in health research spending, transition assistance for tobacco farmers, and the financing of Medicare. [Vote 54, 4/1/98] MISCELLANEOUS XXXX Voted Against Increasing Women’s Access to Preventive Health Care and Screening Services. In December 2009, XXXX voted against an amendment by Barbara Mikulski to increase access to preventive health 188

care and screening services for women and to retain previous mammogram guidelines in its health care overhaul bill. The amendment would eliminate co-payments for many preventive services for women, requiring instead that insurers provide full coverage for screenings and other such care. It also includes a provision from David Vitter, R- La., that would prevent the U.S. Preventive Services Task Force’s most recent recommendations on breast cancer screening from being used for coverage determinations. The amendment passed 61-39. [CQ Today, 12/03/09; Vote 355, 12/03/09] XXXX Voted Against Providing an Additional $100 Million for Programs to Promote Safe and Stable Families. In 2003, XXXX voted against a measure that would have provided an additional $100 million for programs to promote safe and stable families, and an additional $18 million for independent living vouchers. The amendment would provide an additional $100 million for the Administration on Children and Families for programs that promote safe and stable families, and an additional $18 million for independent living vouchers. [Vote 341, 9/10/03] XXXX Voted Against Providing Greater Cover For U.S. Public Health And Environmental Laws From Legal Challenges By Foreign Investors. In 2002, XXXX voted against an amendment providing greater cover for U.S. public health and environmental laws from legal challenges by foreign investors. The amendment would make it more difficult for foreign trading partners to prevail in trade disputes claiming U.S. health or environmental laws constituted a trade barrier. The amendment stemmed from a lawsuit being pursued by Canada's Methanex against the ban on methyl tertiary butyl ether (MTBE) use in gasoline. Methanex, the world's largest producer of methanol -- which is a chief component of MTBE -- claimed $970 million in compensation from the US government under NAFTA, which protected foreign investors when they invest in member countries Canada, Mexico, and the US. Opponents said the amendment would encourage foreign governments to retaliate against US companies. [HR 3009, Vote 121, 5/21/02; Environment and Energy Daily, 5/22/02; Oil Daily, 5/22/02] XXXX Voted Against a Needle Exchange Program. In November 2001, XXXX voted against an amendment that would strike language in the bill that prohibits the use of any federal funds in the bill for any needle exchange programs. The amendment would insert language to prohibit the use of federal or local funds for needle exchange programs. [HR 2944, Vote 328, 11/7/01] XXXX Voted For A Measure To Prohibit Funding For Needle Exchange Programs. In 2000, Robets voted for the District of Columbia Appropriations Bill for fiscal year 2001. The conference report banned the use of federal funds for the implementation of the District’s Domestic Partners Act and any needle exchange program for drug addicts. [Vote 289, 10/27/00] XXXX Voted to Prohibit Funds for Needle Exchange Programs. In 1999, XXXX voted for H.R.2587, the Fiscal Year 2000 District of Columbia Appropriations conference report, which included $17 million for a program to allow students from the District of Columbia to pay in-state tuition rates at public colleges and universities not in the District of Columbia, and provisions to prohibit the District of Columbia from spending federal, local or private funds on needle exchange programs, to legalize marijuana or reduce marijuana penalties. [Vote 279, 9/16/99] XXXX Voted To Increase Funding For Fetal Alcohol Syndrome Prevention. In 2000, XXXX voted for an amendment that would increase the earmark for the Fetal Alcohol Syndrome prevention and services grant program by $10 million, for a total of $25 million. The amendment was agreed to, 98-1. [Vote 152, 6/28/00] XXXX Voted For Health Savings Accounts. In 2001, XXXX voted for Health Savings Accounts. The amendment XXXX voted for would express the sense of the Senate that “a patient’s bill of rights should remove the restrictions on the private-sector medical savings account demonstration program to make medical savings accounts available to more Americans.” [S 1052, Vote 216, 6/29/01] XXXX Voted Against Increasing Funding for School-Based Mental Health Personnel. In 1999, XXXX voted to kill the Wellstone amendment to S.254, which was an amendment to authorize $340 million per year for five years for states and localities to recruit, train, and hire 141,000 additional school-based mental health personnel. [Vote 128, 5/19/99] 189

XXXX Voted To Protect Patients Of Nursing Homes That Enter Bankruptcy. In 1999, XXXX voted for the an amendment to the bankruptcy reform bill (S. 625) to enact reforms to protect the patients of nursing homes that enter bankruptcy. Reforms would include the following: a bankruptcy judge would be required to appoint an ombudsman to act as an advocate for patients during bankruptcy proceedings; patients' records would have to be stored in accordance with State law, returned to the patients or insurance providers (if applicable law allowed the return to the insurance providers), or destroyed; and a trustee would have to use all reasonable and best efforts to transfer patients from a closing nursing home to another appropriate health care facility. The amendment was agreed to, 94-0. [Vote 355, 11/8/99] XXXX Voted Against An Amendment To Enact A Long-Term Health Care Tax Credit. In 2000, XXXX voted against an amendment that would enact a long-term health care tax credit and would make health insurance costs of the self-employed fully deductible for taxable years beginning after December 31, 2000. The amendment was rejected, 46-51. [Vote 193, 7/14/00] 190

HOMELAND SECURITY HIGHLIGHTS  THE XXXX RECORD DEPARTMENT OF HOMELAND SECURITY XXXX Voted to Create Homeland Security Department. In 2002, XXXX voted for H.R.5005, which was a vote to establish a Department of Homeland Security. [HR 5005, Vote 249, 11/19/02]  XXXX Voted to Create a Cabinet Level Homeland Security Department. In November 2002, XXXX voted to invoke cloture on a bill that would create a cabinet-level Homeland Security Department charged with protecting domestic security. It would give the president the ability to exempt some employees from collective bargaining units for national security reasons and allow the department to make changes to personnel rules but would establish a process for unions to object to and negotiate those changes. [HR 5005, Vote 248, 11/19/02]  XXXX Voted to Create a Homeland Security Department that Limited Collective Bargaining Rights. In 2002, XXXX voted for an amendment to establish a Department of Homeland Security, but with limits on collective bargaining rights. More specifically, this was an amendment to give the president the ability to exempt some employees from collective bargaining units for national security reasons and allow the department to make changes to personnel rules. [HR 5005, Vote 247, 11/19/02]  XXXX Voted for the GOP House Version Homeland Security Bill. In 2002, XXXX voted to create a cabinet-level Homeland Security Department charged with protecting domestic security. The bill would give the president the ability to exempt some employees from collective bargaining units for national security reasons and allow the department to make changes to personnel rules but would establish a process for unions to object to and negotiate those changes. [HR 5005, Vote 244, 11/15/02]  XXXX Voted to Create a Cabinet Level Department of Homeland Security. In November 2002, XXXX voted to invoke cloture on an amendment that would create a cabinet-level Homeland Security Department charged with protecting domestic security. It also would allow the president to exclude workers from union representation for national security reasons, but require the president to certify his reasons in writing. [HR 5005, Vote 240, 11/13/02]  XXXX Voted Against Creating a Cabinet Level Homeland Security Department. In September 2002, XXXX voted against invoking cloture on an amendment to create a cabinet-level Homeland Security Department charged with protecting domestic security. It would also allow the president to exclude workers from union representation for national security reasons, but require the president to certify his reasons in writing. The underlying Lieberman, D-Conn., substitute amendment would create a cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 228, 10/1/02]  XXXX Voted Against Creating a Cabinet Level Homeland Security Department. In September 2002, XXXX voted against invoking cloture on an amendment to create a cabinet-level Homeland Security Department charged with protecting domestic security. It would also allow the president to exclude workers from union representation for national security reasons, but require the president to certify his reasons in writing. The underlying Lieberman substitute amendment would create a cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 227, 9/26/02] 191

 XXXX Voted Against Creating a Cabinet Level Homeland Security Department. In September 2002, XXXX voted against invoking cloture on an amendment that would create a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 226, 9/26/02]  XXXX Voted Against Creating a Cabinet Level Homeland Security Department. In September 2002, XXXX voted against invoking cloture on an amendment that would create a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 225, 9/25/02]  XXXX Voted Against Making Homeland Security Reorganization Subject To Congressional Approval. In 2002, XXXX voted against an amendment to make the homeland security reorganization subject to congressional approval in three stages over 13 months. The amendment’s sponsor suggested that action on the homeland security legislation be delayed until the following year to permit more analysis of the proposal. [HR 5005, Vote 222, 9/24/02; Congressional Quarterly Daily Monitor, 9/24/02]  XXXX Voted Against Creating a Cabinet Level Homeland Security Department. In September 2002, XXXX voted against invoking cloture on an amendment that would create a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 218, 9/19/02]  XXXX Voted Against Putting the Homeland Security Director on the National Security Council. In September 2002, XXXX voted against an amendment that would make the attorney general and the secretary of new Department of Homeland Security full statutory members of the National Security Council. It also would make the director of the FBI an advisory member of the council. The substitute amendment would create a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 215, 9/12/02]  XXXX Voted Against Congressional Oversight for the White House’s Anti-Terrorism Office. In September 2002, XXXX voted against an amendment that would remove from the underlying bill, provisions that would codify the White House anti-terrorism office into law and require that its director be confirmed by the Senate. The underlying substitute amendment would create a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 214, 9/12/02]  XXXX Voted to Proceed to a Bill that would Create the Department of Homeland Security. In September 2002, XXXX voted for a motion to proceed to the bill that would consolidate 22 agencies into a new cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 209, 9/3/02] XXXX Voted To Exempt the Secret Service from the Authority of Homeland Security. In October 2004, XXXX voted for an amendment that would exempt the Secret Service from the jurisdiction of the proposed Homeland Security and Governmental Affairs Committee. The underlying amendment would transform the Governmental Affairs Committee into the Homeland Security and Governmental Affairs Committee, with jurisdiction over much of the Homeland Security Department. It also would create an Intelligence Appropriations Subcommittee, merge the Military Construction and Defense Appropriations subcommittees, eliminate term limits for members of the Intelligence Committee and shrink its size by two slots. [Vote 202, 10/7/04] XXXX Opposed Placement of TSA under Jurisdiction of Homeland Security Committee. In 2004, XXXX voted against placing the Transportation Security Administration under the jurisdiction of the proposed Homeland Security and Governmental Affairs Committee. [Vote 201, 10/7/04] XXXX Favored Privatizing the Department of Homeland Security; Could Lead to Jobs Going Overseas. In 2004, XXXX voted against an effort to block President Bush from handing some Homeland Security Department jobs to private companies, companies that could ship American jobs overseas. A victory for Democrats and labor unions representing federal workers, the 49-47 vote was an embarrassing setback for Republicans and further snarled efforts by GOP leaders to adjourn Congress for the year in October, before the Nov. 2 elections. [HR 4567, Vote 168, 9/9/04, USA Today, 09/08/04] 192

GENERAL HOMELAND SECURITY FUNDING XXXX Voted Against Critical Homeland Security Spending Bill That Would Prohibit Moving Detainees From Guantanamo to the U.S. In October 2009, XXXX voted against a $44.1 billion Homeland Security spending measure that would place some new restrictions on moving detainees from Guantánamo Bay, Cuba, to the United States. The conference agreement’s proposed spending is 6.6 percent higher than the money appropriated for fiscal 2009 and includes $42.8 billion in discretionary funds. The agreement would prohibit the transfer of detainees to the United States from the U.S. facility at Guantánamo Bay, except for prosecution. It would require the president to report to Congress before any detainee is transferred to any country. It would also place detainees on the “no-fly” list and would deny them immigration benefits. The conference measure would extend for three years the authorization of the E-Verify program to check on new workers being hired. The conference report was adopted 79-19. [CQ Today, 10/20/09; Vote 323, 10/20/09]  XXXX Voted For Homeland Security Funding. In 2009, XXXX voted for the Senate $44.3 billion fiscal 2010 Homeland Security appropriations measure, including $42.9 billion in discretionary spending. The total would include $16 billion for Customs and Border Protection; $5.7 billion for Immigration and Customs Enforcement; $7.7 billion for the Transportation Security Administration, including fees; $10.2 billion for the Coast Guard, excluding mandatory spending; $1.5 billion for the Secret Service and $7.1 billion for FEMA. It also would prohibit funding after Jan. 4, 2010, for Loran-C, a land-based radio navigation system. As amended the bill would require the fence built along the U.S.-Mexican border to prevent pedestrian traffic and reach completion by Dec. 31, 2010. It would also permanently reauthorize the Homeland Security Department's E-Verify program and require federal contractors to check employee citizenship status in the E-Verify system. The bill passed 84-6. [CQ Today, 7/09/09; Vote 229, 7/09/09] XXXX Voted Against $8 Billion for Homeland Security. In March 2006, XXXX voted against increasing FY07 homeland security funding by $8 billion, $6.2 billion of which would go directly to the Department of Homeland Security. The funding XXXX rejected included $1.7 billion for port security and the Coast Guard, $1.6 billion to restore first responder funding cuts, $1.2 billion to make it easier for state and local agencies to deal with mass casualties and improve communications, $500 million each for transit security and passenger rail security and $150 million for chemical security. The funding would be offset by closing a number of tax loopholes. [Vote 59, 3/16/06; Lieberman Press Release, 3/16/06] XXXX Voted To Preserve Funding for Security and Maintenance of U.S. Embassies. In 2005, XXXX voted to kill an amendment that would reduce appropriations for the security, construction and maintenance of U.S. embassies from $592 million to $106 million, effectively cutting funding for the construction of a new U.S. embassy in Iraq. [HR 1268, Vote 104, 4/20/05] XXXX Voted For $855 Million in Additional Homeland Security Funding. In March 2005, XXXX voted to add $855 million in homeland security funding to the FY2006 budget resolution. The funding included $565 million for first responders, $150 million for port security grants and $140 million for community policing. [Vote 64, 3/17/05; CQ Today, 3/19/05] XXXX Voted for the Fiscal 2005 Homeland Security Appropriations Bill. In 2004, XXXX voted for a bill that would provide $33.8 billion in fiscal 2005 for the Department of Homeland Security and related agencies, 5 percent more than the administration's request. The bill would provide $5 billion for customs and border protection; $5.2 billion for the Transportation Security Administration; $7.5 billion for the Coast Guard and $1.2 billion for the Secret Service. The bill, as amended, would also provide an estimated $2.9 billion in emergency aid to agricultural producers affected by natural disasters. [HR 4567, Vote 184, 9/14/04] XXXX Voted Against Threat Based Allocation of Security Funds. In September 2004, XXXX voted against an amendment that would require the secretary of Homeland Security to distribute formula-based grants to states and localities based on threat and vulnerability assessments. [HR 4567, Vote 183, 9/14/04] 193

XXXX Opposed $470 million in Homeland Security Funding. In September 2004, XXXX voted against increased funding for homeland security programs by $470 million, including $225 million for state and local programs and $70 million for baggage screening. [Vote 179, 9/14/04] XXXX Voted Against Funding for High-Threat Urban Areas. In September 2004, XXXX voted against increasing funding for high-threat urban areas by $625 million. [Vote 178, 9/14/04] XXXX Opposed Funding for Strengthening Security Around Chemical Facilities. In September 2004, XXXX voted to kill an amendment that would have increased funding for enhancing security around chemical facilities by $70 million. [Vote 176, 9/14/04] XXXX Supported $70 Million in Homeland Security Funds. In 2004, XXXX voted for an additional $70 million in funding for improving the interoperability of state and local communication systems. [HR 4567, Vote 172, 9/9/04] XXXX Opposed $2 Billion for Homeland Security. During debate on the FY 2005 Homeland Security Appropriations Bill, XXXX voted against increasing overall homeland security spending by $2 billion, including $350 million for rail and mass transit security, $324 million for the Coast Guard, $236 million for port and border security, $150 million for aviation security and $100 million for additional fire personnel. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Supported $1.7 Billion for Homeland Security Programs. In 2004, XXXX voted for an amendment to provide a $1.7 billion increase in homeland security funding, including funding for port security and first responders, with the $1.7 billion offset by lower crude oil prices resulting from the cancellation of planned future deliveries of oil to the Strategic Petroleum Reserve. [S Con Res 95, Vote 54, 3/11/04] XXXX Opposed $6.8 Billion for Homeland Security Programs. In 2004, XXXX voted against an amendment to provide an additional $6.8 billion for homeland security, including $4.4 billion for first responders and $900 million for port security, with the $6.8 billion offset by reducing tax breaks for those with annual income of more than $1 million. [Vote 50, 3/11/04] XXXX Opposed Increasing Homeland Security Funding by $1.1 Billion. In 2004, XXXX voted against an amendment to create a reserve fund that allowed up to $1.1 billion in additional funding for law enforcement programs. [Vote 44, 3/11/04] XXXX Voted For A Bill To $29.3 Billion to Fund Homeland Security Department. In 2003, XXXX voted for a bill that would provide $29.3 billion for the Department of Homeland Security and related agencies, $1 billion more than the Bush administration had requested. With the two parties vying for the political offensive, Democrats offered a parade of amendments to add millions to the bill. Majority Republicans fended them off, citing budget constraints and saying the measure was sufficient. Senate Democrats said the GOP-written bill - and President Bush's plans for the department - would “shortchange emergency responders, security at chemical plants and other areas.” The bill included nearly $2.9 billion for state and local governments, with $750 million for cities thought to face high threats of terror attacks. The vote was on passage of a bill that would provide $29.3 billion in fiscal 2004 for the Department of Homeland Security and related agencies, $1 billion more than the administration’s request. The bill would provide $516.3 million for department operations, management and oversight; $229.4 million for citizenship and immigration services; $4.9 billion for customs and border protection; $5.4 billion for the Transportation Security Administration; $6.9 billion for the Coast Guard; $1.1 billion for the Secret Service; $3.6 billion for the Office of Domestic Preparedness; $3.6 billion for emergency preparedness and response; and $871.4 million for research and development. [HR 2555, Vote 306, 7/24/03; Associated Press, 7/24/03] XXXX Cast Deciding Vote Against Providing $250 Million for Grants for Security in High-Threat Urban Areas. In 2003, XXXX cast the deciding vote against an amendment to increase funding by $250 million for discretionary grants for improving security in high threat urban areas, with the funds offset by decreasing the allocation for the Office of the Undersecretary of Information Analysis and by $187.4 million and by decreasing the 194

allocation for science, technology, research and development by $62.6 million. [Vote 302, 7/24/03] XXXX Voted to Cut Funding by $300 Million for Improving Security in High-Threat Urban Areas. In 2003, XXXX voted against an amendment that increased the bill’s funding by $300 million for discretionary grants for improving security in high-threat urban areas. [Vote 301, 7/24/03] XXXX Voted Against Providing $80 Million for Chemical Facility Security Assessments. In 2003, XXXX voted against an amendment that provided $80 million for the Homeland Security Department to conduct chemical facility security assessments. [Vote 297, 7/23/03] XXXX Voted Against Increasing Overall Homeland Security Spending by $1.75 Billion. In 2003, XXXX voted against an amendment that increased overall homeland security spending in the bill by $1.75 billion, including $238.5 million for port and border security, $100 million for aviation security, $532 million for maritime and land transportation security, $70 million for the Coast Guard, $729.5 million for the Office of Domestic Preparedness and $80 million for information analysis and infrastructure protection. [Vote 291, 7/22/03] XXXX Voted To Authorize $79.5 Billion For War Supplemental; $62 Billion For War In Iraq, $2.7 Billion In Aid to Airlines, $4.6 Billion For Homeland Security. In 2003, XXXX voted for the FY03 war supplemental bill that would appropriate $79.5 billion in fiscal 2003 discretionary spending for military operations in Iraq, homeland security, and global counterterrorism activities. The bill would provide $62.6 billion for the war in Iraq, $5.2 billion in international assistance, $2.4 billion for rebuilding Iraq, $2.7 billion in aid to airlines and their employees and $4.6 billion for homeland security. [S 762, Vote 125, 4/3/03] XXXX Voted Against $1.13 Billion For Port Security, Mass Transit Security And Other Homeland Security Spending. In 2003, XXXX voted against an amendment that would have appropriated $1.13 billion for spending on port security, mass transit security and other homeland security spending. [Vote 120, 4/3/03] XXXX Voted Against $2.7 Billion for Counterterrorism. In 2003, XXXX voted against an amendment that increased spending for the counterterrorism provision by $2.7 billion, including increases of $200 million for the Coast Guard, $366 million for the Customs Service and border protection, $1 billion for the Transportation Security Administration, $225 million for the FBI, and increased spending on the FBI and other agencies. [Vote 119, 4/3/03] XXXX Opposed Increasing Spending on Homeland Security by $80 Billion. In 2003, XXXX voted against an effort to reduce the size of the tax cut in the resolution by $1.24 trillion, and increase domestic spending in many areas, including an $80 billion increase in homeland security spending. [Vote 83, 3/25/03] XXXX Voted Against Increasing Homeland Security Funding And Reducing Tax Cuts By $7 Billion. In 2003, XXXX voted against increasing funding for homeland security and reducing the new tax cuts proposed by President Bush. The amendment raised the 2003 caps by $3.5 billion for homeland security funding through a Domestic Defense Fund at the Homeland Security’s Office of Domestic Preparedness in FY 2003, and reduced the size of new tax cuts by $7 billion to pay for it and previously passed homeland security funding. [Vote 73, 3/21/03] XXXX Voted Against Shifting $191 Billion From Tax Cuts To Homeland Security And Defense. In 2003, XXXX voted against shifting $191 billion in proposed tax cuts to a homeland security and national defense reserve fund. [Vote 68, 3/21/03] XXXX Voted For An Amendment To Increase Homeland Security Funding By $3.5 Billion. In 2003, XXXX voted for an amendment that would increase spending on homeland security by $3.5 billion in fiscal year 2003. The measure would increase the current cap on fiscal 2003 discretionary spending to accommodate an extra $3.5 billion in homeland security spending that could come in an emergency supplemental spending measure to finance the war in Iraq. [S Con Res 23, Vote 66, 3/21/03; CQ Today, 3/21/03] 195

XXXX Voted Against Shifting $88 Billion From Bush’s Tax Cuts to Homeland Security. In 2003, XXXX voted against increasing homeland security spending by $88 billion over ten years. The package included $35 billion more than the Bush plan for direct grants to state and local governments to hire, train and equip first responders and pay for overtime; $11 billion for firefighters and equipment; $10.3 billion to restore cuts to federal law enforcement grants; $7.8 billion for port security and an increase of $8 billion for the Transportation Security Administration to improve aviation, rail and truck security. [Vote 65, 3/21/03; Post-Standard, 3/21/03] XXXX Voted Against $3 Billion for Homeland Security. In 2003, XXXX voted Against $3 billion for homeland security, including $750 million for border security, $200 million for security at nuclear facilities, $850 million for smallpox vaccinations for first responders, $200 million to improve communication between first responder agencies, $1.1 billion for aviation security and $100 million for FEMA. [Vote 3, 1/16/03; AP, 1/16/03] XXXX Voted Against $5 Billion for Homeland Security. In 2003, XXXX voted against adding $5 billion in homeland security spending, including $1.4 billion in grants to states and local governments. Democrats sought to add the homeland security funding to the $390 billion government-wide spending bill, which covered the 11 non- defense fiscal 2003 appropriations bills that Congress did not enact in 2002. [Vote 2, 1/16/03; AP, 1/16/03] XXXX Voted To Pass The $4.6 Billion Public Health Security And Bioterrorism Response Act. In 2002, XXXX voted for a bill fighting bioterrorism. The bill would address core public health concerns associated with preparedness for and effective response to bioterrorist attacks and to other public health emergencies. Additionally, it would enhance controls on dangerous biological agents and toxins and would increase measures to protect the safety and security of food, drug, and water supplies. The vote was on the conference report to accompany the Public Health Security and Bioterrorism Response Act. [HR 3448, Vote 124, 5/23/02] XXXX Opposed $35 Billion for Homeland Security Programs. In 2001, XXXX voted against an amendment to provide $35 billion to respond to the September 11, 2001, terrorist attacks and the anthrax attacks that followed, including $7.5 billion for homeland defense programs and $7.5 billion in recovery funds for areas in NY, VA and PA that were directly affected by the attacks on September 11, 2001. The amendment was defeated 50 to 50. “Eager to keep their stamp on the government’s response to the Sept. 11 attacks, Democrats came back hours later with a $20 billion alternative, the level Bush wanted. That package received preliminary approval from the Senate on a voice vote.” [HR 3338, Vote 357, 12/7/01; Associated Press, 12/07/01] XXXX Voted Against $7.5 Billion For Homeland Security. In 2001, XXXX voted to kill an amendment to the Defense Appropriations bill to add $7.5 billion for homeland security programs. [HR 3338, Vote 354, 12/6/01] XXXX Voted Against Redirecting $850 Million For Programs Including 2002 Winter Olympics Security, Into Military Readiness And Personnel. In 2001, XXXX voted to table an effort to redirect almost $850 million from a variety of non-defense programs, including security for the 2002 Winter Olympics, into military readiness and personnel. The amendment would increase the amount appropriated for defense personnel accounts, operation and maintenance accounts, and procurement accounts by $847.8 million and would fully offset that increase by making rescissions in non-defense accounts. Non-defense programs that would be cut included $60 million in subsidies for job training and security preparations for the 2002 Winter Olympics in Salt Lake City. [S 1077, Vote 226, 7/10/01; Congressional Quarterly Daily Monitor, 7/10/01; Associated Press, 7/10/01; Los Angeles Times, 7/11/01] PORT SECURITY AND COAST GUARD XXXX Voted Against Scanning All Cargo in 2007. In March 2007, XXXX and Senate Republicans voted to kill Sen. Schumer’s proposal to fully scan all cargo entering U.S. ports from foreign seaports within five years. Under the proposal, cargo from the largest foreign ports would have had to be scanned within three years. [Vote 56, 3/1/07; CQ Weekly, 3/2/07] XXXX Voted Against Fully Screening Incoming Cargo at U.S. Ports. In September 2006, XXXX voted to kill a proposal to scan all overseas cargo for nuclear or “dirty” bombs by October 2010, with shippers paying the cost of 196

the scans. [Vote 248, 9/14/06; McClatchy, 9/15/06; Newsday, 9/15/06] XXXX Voted Against 100% Cargo Screening at U.S. Ports. In September 2006, XXXX voted against a proposal to scan all 11 million cargo containers that come into American ports. [Vote 246, 9/13/06; Gannett News Service, 9/15/06] XXXX Voted Against Implementing 9/11 Commission Recommendations, Including Better Port Security. In September 2006, XXXX voted against a proposal to implement the recommendations of the 9/11 Commission, including screening all cargo entering U.S. ports and improving communications among first responders. [Vote 243, 9/13/06; NationalJournal’s CongressDaily, 9/13/06] NOTE: The Democratic amendment also would have called on the Bush administration to begin withdrawing troops from Iraq. XXXX Voted Against $1.7 Billion for Port Security. In March 2006, XXXX voted against increasing FY07 homeland security funding by $8 billion, $6.2 billion of which would go directly to the Department of Homeland Security. The funding XXXX rejected included $1.7 billion for port security and the Coast Guard, The funding would be offset by closing a number of tax loopholes. [Vote 59, 3/16/06; Lieberman Press Release, 3/16/06] XXXX Voted Against $965 Million Port Security Package. In March 2006, weeks after the Bush administration proposed turning over security responsibilities at U.S. ports to a Dubai-owned firm, XXXX voted against a comprehensive $965 million port security package that would have hired more inspectors and scanned more containers at U.S. ports. [Vote 47, 3/15/06; Washington Times, 3/16/06] NOTE: Republicans adopted a similar GOP-Sponsored port security funding package the same day they rejected the Menendez amendment. XXXX Rejected $16 Billion for First Responders and Homeland Security, Including Port Security. In July 2005, XXXX voted against increasing funding for first responders and transit, rail, truck and port security by $16 billion, to be paid for by rolling back the Bush tax cuts for millionaires. [Vote 177, 7/13/05; Connecticut Post, 7/16/05] XXXX Voted For $150 Million for Port Security. In March 2005, XXXX voted to add $855 million in homeland security funding to the FY2006 budget resolution. The funding included $150 million for port security grants. [Vote 64, 3/17/05; CQ Today, 3/19/05] XXXX Voted Against $100 Million for the Coast Guard. In 2004, XXXX voted against an amendment to increase funding by $100 million for Coast Guard non-homeland security activities such as fishing enforcement and search and rescue operations. [HR 4567, Vote 174, 9/13/04] XXXX Voted Against Increasing Port Security By $300 Million. In September 2004, XXXX voted against an amendment that increased funding for port security grants by $300 million. [Vote 171, 9/9/04] XXXX Opposed $324 Million for the Coast Guard. During debate on the FY 2005 Homeland Security Appropriations Bill, XXXX voted against increasing overall homeland security spending by $2 billion, including $350 million for rail and mass transit security, $324 million for the Coast Guard, $236 million for port and border security, $150 million for aviation security and $100 million for additional fire personnel. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Opposed $300 Million Port Security. In September 2004, XXXX opposed an additional $150 million in port security grants. [Vote 166, 9/8/04] XXXX Opposed $900 Million for Port Security. In 2004, XXXX voted against an amendment to provide an additional $6.8 billion for homeland security, including $900 million for port security, with the $6.8 billion offset by reducing tax breaks for those with annual income of more than $1 million. [Vote 50, 3/11/04] XXXX Voted Against Increasing Funding for Port and Maritime Security by $142 Million. In 2003, XXXX voted against an amendment that increased funding for port and maritime security grants by $100 million and 197

funding for Coast Guard operations and security by $42 million. The funding was offset by decreasing the allocation for the Office of the Undersecretary for Information Analysis and Infrastructure Protection. [Vote 300, 7/24/03] XXXX Voted Against Transferring $300 Million From Intelligence Activities to Port and Maritime Security. In 2003, XXXX voted against an amendment that would have transferred $300 million from intelligence activities to port and maritime security. [Vote 294, 7/23/03] XXXX Voted Against More Than $500 Million for Port and Transit Security. In 2003, XXXX voted against an amendment that increased overall homeland security spending by $1.75 billion, including $238.5 million for port and border security, $532 million for maritime and land transportation security and $70 million for the Coast Guard. [Vote 291, 7/22/03] XXXX Voted Against $1.13 Billion For Port Security, Mass Transit Security And Other Homeland Security Spending. In 2003, XXXX voted against an amendment that appropriated $1.13 billion for spending on port security, mass transit security and other homeland security spending. [Vote 120, 4/3/03] XXXX Voted Against $200 Million for Coast Guard Counterterrorism. In 2003, XXXX voted against an amendment that increased spending for the counterterrorism provision by $2.7 billion, including an increase of $200 million for the Coast Guard. [Vote 119, 4/3/03] XXXX Voted Against $1 Billion For Port Security. In 2003, XXXX voted against an amendment that appropriated a total of $1 billion for port security, including $840 million for the Customs Service, the TSA and grants to states and localities; $150 million for the Coast Guard; and $10 million for a federal law enforcement training center. [Vote 115, 4/2/03; Baltimore Sun editorial, 4/4/03] XXXX Voted Against Shifting $7.8 Billion From Bush’s Tax Cuts to Port Security. In 2003, XXXX voted against increasing homeland security spending by $88 billion over ten years, including The package included $35 billion more than the Bush plan for direct grants to state and local $7.8 billion for port security. [Vote 65, 3/21/03; Post-Standard, 3/21/03] XXXX Voted for $6 Billion in Port Security. In November 2002, XXXX voted for a bill that would require the Transportation Department to develop a comprehensive national maritime security plan to prevent or deter terrorist attacks. It also would authorize $6 billion in fiscal 2003 for the Coast Guard, establish a new matching grant program to help ports and facilities improve security, and authorize an armed Sea Marshal program. The Transportation Department would be required to develop and issue to eligible port workers, merchant mariners and truck drivers a new, national transportation security card that would allow them to work in "secure" areas of ports, port facilities and other transportation facilities. [S 1214, Vote 243, 11/14/02] TRANSIT AND TRANSPORTATION SECURITY XXXX Voted Against $300 Million for Transit Security. In July 2006, XXXX voted against providing an additional $300 million for transit security in the FY07 Homeland Security appropriations bill. [Vote 196, 7/12/06; CQ Today, 7/12/06] XXXX Voted Against $1.1 Billion for Transit Security. In July 2006, XXXX voted against adding $1.1 billion for rail and transit security grants to the FY07 Homeland Security appropriations bill. Of that amount, $670 million would have been directed to Amtrak’s Northeast corridor. [Vote 194, 7/12/06; CQ Today, 7/12/06; Congressional Record, 7/12/06] XXXX Voted Against $1 Billion for Transit, Rail Security. In March 2006, XXXX voted against increasing FY07 homeland security funding by $8 billion, $6.2 billion of which would go directly to the Department of Homeland Security. The funding XXXX rejected included $500 million each for transit security and passenger rail 198

security. The funding would be offset by closing a number of tax loopholes. [Vote 59, 3/16/06; Lieberman Press Release, 3/16/06] XXXX Rejected $1.4 Billion for Transit Security. In July 2005, XXXX voted against appropriating $1.16 billion for transit security grants and $265 million for intercity rail transit in fiscal year 2006. [Vote 184, 7/14/05; CQ Today, 7/14/05] XXXX Voted Against $70 Million for HAZMAT Transportation Security. In July 2005, XXXX vote against providing an additional $70 million for truck security in fiscal year 2006. [Vote 181, 7/14/05; CQ Today, 7/14/05] XXXX Rejected $16 Billion for First Responders and Homeland Security, Including Rail and Transit. In July 2005, XXXX voted against increasing funding for first responders and transit, rail, truck and port security by $16 billion. [Vote 177, 7/13/05; Connecticut Post, 7/16/05] XXXX Opposed $350 Million for Rail and Transit Security. In September 2004, XXXX voted against $350 million in increased funding for rail and transit security. [Vote 181, 9/14/04] XXXX Voted Against Funding for HAZMAT Truck Security. In September 2004, XXXX voted against $70 million for a tracking system for hazardous-materials trucks and background checks for commercial driver’s licenses. [Vote 173, 9/13/04] XXXX Opposed $350 Million for Rail and Transit Security. During debate on the Fiscal Year 2005 Homeland Security Appropriations, XXXX voted against increasing overall homeland security spending by $2 billion, including $350 million for rail and mass transit security. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Voted Against $100 Million for Public Transportation Grants to Improve Security. In 2003, XXXX voted against an amendment that provided $100 million for grants to public transit agencies to improve security and require the Homeland Security secretary to submit a report to Congress detailing the TSA’s current and future plans for improving security on public transportation. [Vote 304, 7/24/03] XXXX Voted Against Increasing Homeland Security Spending by $1.75 Billion, Including Land Transportation. In 2003, XXXX voted against an amendment would increase overall homeland security spending in the bill by $1.75 billion, including $532 million for maritime and land transportation security. [Vote 291, 7/22/03] XXXX Voted Against $1.13 Billion For Port Security, Mass Transit Security And Other Homeland Security Spending. In 2003, XXXX voted against an amendment that would appropriate $1.13 billion for spending on port security, mass transit security and other homeland security spending. [Vote 120, 4/3/03] XXXX Voted Against Shifting $8 Billion From Bush’s Tax Cuts to Transportation Security. In 2003, XXXX voted against increasing homeland security spending by $88 billion over ten years. The package included an increase of $8 billion for the Transportation Security Administration to improve aviation, rail and truck security. [Vote 65, 3/21/03; Post-Standard, 3/21/03] AIR SECURITY XXXX Rejected $302 Million for Air Cargo Security. In July 2005, XXXX voted against providing an additional $302 million in fiscal year 2006 for air cargo security. [Vote 180, 7/14/05; CQ Today, 7/14/05] XXXX Supported Placement of TSA under Jurisdiction of Homeland Security Committee. In 2004, XXXX voted to place the Transportation Security Administration under the jurisdiction of the proposed Homeland Security and Governmental Affairs Committee. [SRS 445, Vote 201, 10/7/04] 199

XXXX Voted to Screen all Aircraft Cargo. In September 2004, XXXX voted for an amendment that would require the Homeland Security secretary to implement a program that would screen all aircraft cargo. [S 2845, Vote 190, 9/28/04] XXXX Opposed $470 million in Homeland Security Funding. In September 2004, XXXX voted against increased funding for homeland security programs by $470 million, including $225 million for state and local programs and $70 million for baggage screening. [Vote 179, 9/14/04] XXXX Opposed $150 Million for Aviation Security. During debate on the Fiscal Year 2005 Homeland Security Appropriations, XXXX voted against increasing overall homeland security spending by $2 billion, including $150 million for aviation security. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Voted Against $100 Million for Air Security. In 2003, XXXX voted against an amendment would increase overall homeland security spending by $1.75 billion, including $100 million for aviation security. [Vote 291, 7/22/03] XXXX Voted Against Shifting $8 Billion From Bush’s Tax Cuts to Transportation Security. In 2003, XXXX voted against increasing homeland security spending by $88 billion over ten years. The package included an increase of $8 billion for the Transportation Security Administration to improve aviation, rail and truck security. [Vote 65, 3/21/03; Post-Standard, 3/21/03] XXXX Voted Against $1.1 Billion for Aviation Security. In 2003, XXXX voted against $3 billion for homeland security, including $1.1 billion for aviation security. [Vote 3, 1/16/03; AP, 1/16/03] BORDER SECURITY XXXX Supported Increased Funding for Immigration and Customs Enforcement. In 2005, XXXX voted for an amendment that would increase funding for immigration and customs enforcement at the Homeland Security Department by $389.6 million and reduce funding for diplomatic and consular programs at the State Department by $400 million. It would provide for the hiring of additional border patrol agents and fund the operation of unmanned aerial vehicles along the southwest U.S.-Mexico border. [HR 1268, Vote 105, 4/20/05] XXXX Opposed Funding for Immigration Security Measures. In 2004, XXXX voted against increasing funding for immigration security measures by $350 million, including $200 million for biometric technologies. [HR 4567, Vote 182, 9/14/04] XXXX Opposed $2 Billion for Homeland Security, Including Borders. During debate on the FY 2005 Homeland Security Appropriations Bill, XXXX voted against increasing overall homeland security spending by $2 billion, including $350 million for rail and mass transit security, $324 million for the Coast Guard, $236 million for port and border security, $150 million for aviation security and $100 million for additional fire personnel. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Voted Against Providing $200 Million to Improve Security Along the U.S.-Canadian Border. In 2003, XXXX voted against an amendment would provide $200 million to improve security along the U.S.-Canadian border. The amendment failed 45-51 (the motion required 60 votes to pass). [Vote 298, 7/23/03] XXXX Voted For Final Passage Of A Bill To Tighten Border Security And Immigration Laws. In 2002, XXXX voted a bill that would strengthen border security and immigration laws in order to increase the United States' ability to identify and prevent the entry of terrorists into the United States. It included increased authorizations for border and consular security, and provisions to increase coordination and intelligence-sharing between federal agencies. It also called for electronic versions of visa files of aliens to be made available to immigration inspectors at United States ports prior to the aliens' arrival. [HR 3525, Vote 75, 4/18/02] COPS PROGRAM AND LAW ENFORCEMENT 200

XXXX Voted Against Allowing Public Safety Personnel to Unionize. In May 2008, XXXX voted against allowing consideration of a bill that would give public safety personnel nationwide the right to unionize. The bill aims to give police and firefighters the right to unionize in any municipality with a population that exceeds 5,000 — a long-overdue guarantee for the nation’s first-responders, supporters say. The measure would not override stronger state laws on collective-bargaining rights. [CQ Today, 5/13/08; Vote 126, 5/13/08] XXXX Rejected $1 Billion for COPS. In September 2005, XXXX voted against providing an additional $1 billion for the Community Oriented Policing Services program in Fiscal Year 2006. [Vote 226, 9/13/05; CQ Today, 9/16/05] XXXX Voted Against $1 Billion for COPS. During debate on the Fiscal Year 2006 budget resolution, XXXX voted against providing an additional $1 billion for the Community Oriented Policing Services (COPS) program. [Vote 70, 3/17/05; CQ, 3/17/05; Biden Press Release, 3/17/05] XXXX Voted Against $2.3 Billion for Local Law Enforcement. In April 2003, XXXX joined Senate Republicans and voted against providing $2.33 billion for state and local first responders. [Vote 123, 4/3/03; AP, 4/3/03] XXXX Voted Against $1 Billion for Local Law Enforcement. In March 2003, XXXX voted against increasing funding for first responders by $1 billion in Fiscal Year 2003 and $2.5 billion in Fiscal Year 2004. It would also increase funding for Byrne Grants by $650 million and Local Law Enforcement Block Grants by $400 million in Fiscal Year 2004. [Vote 92, 3/25/03; CQ, 3/25/03; Congressional Record, 3/25/03] XXXX Opposed $1 Billion for COPS. In March 2003, XXXX voted against increasing Community Oriented Policing Services (COPS) funding by $1 billion in Fiscal Year 2004. [Vote 78, 3/21/03; AP, 3/22/03] XXXX Voted Against Providing $634.7 Million to Rural Law Enforcement for Anti-Drug Enforcement. In 2003, XXXX voted against an effort to provide $634.7 million for the Edward Byrne Memorial Grant Program, which provides money to rural law enforcement agencies for anti-drug enforcement. [Vote 6, 1/17/03] XXXX Voted to Deputize Qualified Commercial Pilots Federal Law Enforcement Officers. In 2002, XXXX was one of 89 Senators who voted for an amendment to deputize qualified pilots of commercial passenger and cargo planes as federal law enforcement officers, and authorize those officers to carry firearms and use lethal force against individuals in defense of an aircraft if security is at risk. Officers would receive the same training as federal law enforcement officers. [HR 5005, Vote 210, 9/5/02] XXXX Voted Against COPS Funding. In 1999, XXXX cast a crucial vote against an amendment to authorize $1.15 billion per year for Fiscal Year 2000 through Fiscal Year 2005 to encourage and support community-policing programs. This includes enough funding to hire 50,000 police officers. [Vote 139, 5/22/99] XXXX Voted Against Increasing COPS Program by 25,000 Officers. In 1999, XXXX voted to kill an amendment to increase the authorization for the COPS program so that 25,000 police officers could be hired over two years. The amendment would also increase penalties for drug sales to children, and prohibit the transfer of assault weapons and high-capacity ammunition clips to juveniles. [Vote 109, 5/12/99] GENERAL FIRST RESPONDER FUNDING XXXX Rejected $16.5 Billion for First Responder Grants. In July 2006, XXXX voted against increasing funding for state and local first responder grants by $16.5 billion, to be paid for by rolling back the Bush tax cuts for millionaires. [Vote 197, 7/12/06; CQ Weekly, 7/14/06] XXXX Rejected $790 Million Hike in First Responders Grants for High Risk Areas. In July 2006, XXXX voted against a proposal to increase grant funding for first-responders by $790 million in fiscal year 2007. The 201

amendment XXXX opposed came after Homeland Security officials announced that they were slashing funding for high threat areas. [Vote 195, 7/12/06; National Journal’s CongressDaily, 7/13/06; Clinton Press Release, 7/12/06] XXXX Voted Against $2.8 Billion to Restore First Responder Cuts and Improve Communications. In March 2006, XXXX voted against increasing FY07 homeland security funding by $8 billion, $6.2 billion of which would go directly to the Department of Homeland Security. The funding XXXX rejected included $1.6 billion to restore first responder funding cuts and $1.2 billion to make it easier for state and local agencies to deal with mass casualties and improve communications. The funding would be offset by closing a number of tax loopholes. [Vote 59, 3/16/06; Lieberman Press Release, 3/16/06] XXXX Rejected $16 Billion for First Responders and Homeland Security. In July 2005, XXXX voted against increasing funding for first responders and transit, rail, truck and port security by $16 billion, to be paid for by rolling back the Bush tax cuts for millionaires. [Vote 177, 7/13/05; Connecticut Post, 7/16/05] XXXX Voted Against More Than $700 Million for First Responders and Local Police. In March 2005, XXXX voted against adding $855 million in homeland security funding to the FY2006 budget resolution. The funding included $565 million for first responders and $140 million for community policing. [Vote 64, 3/17/05; CQ Today, 3/19/05] XXXX Voted Against $1.6 Billion for First Responders. In 2005, XXXX voted against an amendment that increased funding for first responder programs by $1.6 billion in fiscal 2006 and reduce the federal debt by $1.6 billion. It would be offset by a $3.2 billion reduction in tax reconciliation provisions. [Vote 50, 3/15/05] XXXX Voted Against $150 Million for Firefighter Assistance Grants. In September 2004, XXXX voted against an amendment that would increase funding for firefighter assistance grants by $150 million. [Vote 175, 9/14/04] XXXX Opposed $15.8 Billion for First Responders. In 2004, XXXX voted against increasing funding for police, firefighters and other state and local emergency personnel by $15.8 billion. [Vote 170, 9/9/04] XXXX Opposed $2 Billion for Homeland Security. During debate on the FY 2005 Homeland Security Appropriations Bill, XXXX voted against increasing overall homeland security spending by $2 billion, including $350 million for rail and mass transit security, $324 million for the Coast Guard, $236 million for port and border security, $150 million for aviation security and $100 million for additional fire personnel. [Vote 169, 9/9/04; CQ, 9/9/04; AP, 9/9/04] XXXX Opposed $6.8 Billion for Homeland Security Programs. In 2004, XXXX voted against an amendment to provide an additional $6.8 billion for homeland security, including $4.4 billion for first responders and $900 million for port security, with the $6.8 billion offset by reducing tax breaks for those with annual income of more than $1 million. [Vote 50, 3/11/04] XXXX Opposed Additional First Responder Funding. In 2004, XXXX voted against an amendment that would have created a reserve fund that would allow up to $11.2 billion in additional spending. A portion of these funds would have gone to law enforcement and first responder grants. [Vote 48, 3/11/04] XXXX Opposed Fully Funding the FIRE and SAFER Acts. In 2004, XXXX voted against creating a reserve fund to provide up to $1.4 billion in additional funding for firefighter grants and assistance programs. [Vote 42, 3/11/04; CQ, 3/11/04; Baltimore Sun, 3/12/04] XXXX Opposed Funding for Firefighters. In 2003, XXXX voted against an amendment to the Healthy Forests Restoration Act that would have authorized the Secretary of Agriculture to borrow funds from the Treasury to pay for firefighting costs that exceed funds available and to provide funding to conduct hazardous fuels reduction and burned area restoration projects on non-Federal lands in and around communities. [Vote 421, 10/30/03] 202

XXXX Voted for a Medical Monitoring Program for Firefighters. In October 2003, XXXX voted for an amendment that would authorize a medical monitoring program for firefighters exposed to dangerous toxins as a result of a federally-declared disaster. [HR 1904, Vote 417, 10/29/03] XXXX Opposed Increasing Funding by $93.2 Million to Train Bioterrorism Workers. In 2003, XXXX voted against an amendment to increase funding by $93.2 million to train members of the bio-terrorism workforce, including funding “to double the number of outbreak specialists in the Epidemic Intelligence Service,” in accordance with the recommendation of the Center for Disease Control’s National Advisory Committee on Children and Terrorism. “These EIS specialists are dispatched to respond to epidemics and bio-terrorism.” [Vote 328, 9/5/03; Clinton Floor Statement, 9/5/03] XXXX Voted Against Increasing Funding for First Responders by $14.4 Billion. In 2003, XXXX voted against an amendment that would increase funding for police, firefighters and other state and local emergency personnel by $14.4 billion in fiscal 2004. [Vote 299, 7/24/03] XXXX Voted Against Increasing Firefighter Assistance Grants by $150 Million. In 2003, XXXX voted against an amendment that would provide $900 million for firefighter assistance grants, $150 million more than the underlying bill. [Vote 296, 7/23/03] XXXX Voted Against $2.33 Billion For First Responders. In 2003, XXXX voted against an amendment that would appropriate $2.33 billion for first responders in states and localities. [Vote 123, 4/3/03] XXXX Voted Against Increasing Spending On First Responders By $3.5 Billion. In 2003, XXXX voted against increasing spending on first responders by $3.5 billion and providing $4.5 billion for deficit reduction, with the spending offset by reductions in tax cuts. The vote was on an amendment that would provide for increased spending on first responders by $1 billion in fiscal 2003 and $2.5 billion in fiscal 2004. It would increase funding for Byrne Grants and Local Law Enforcement Block Grants by $500 million each. It also would provide $4.5 billion for deficit reduction. The NAACP supported the increase in spending on first responders. [Vote 92, 3/25/03; NAACP Legislative Report Card, 2003-04] XXXX Opposed Increased Funding for Fire Department Personnel by $17.5 Billion. In 2003, XXXX voted against an amendment to increase funding for fire department personnel and equipment by $17.5 billion over 10 years, with the funding offset by a reduction in tax cuts in the resolution. [Vote 91, 3/25/03] XXXX Voted Against $3 Billion For Firefighters And First Responders. In 2003, XXXX voted against increasing spending for fire fighters and other first responders, and offset the spending by reducing tax cuts. The vote was on an amendment that would increase spending for fire departments and other first responders by $3 billion and provide another $3 billion for deficit reduction. [Vote 88, 3/25/03] XXXX Voted Against $88 Billion for Homeland Security, Including First Responders and Firefighters. In 2003, XXXX voted against increasing homeland security spending by $88 billion over ten years. The package included $35 billion more than the Bush plan for direct grants to state and local governments to hire, train and equip first responders and pay for overtime; $11 billion for firefighters and equipment; $10.3 billion to restore cuts to federal law enforcement grants; $7.8 billion for port security and an increase of $8 billion for the Transportation Security Administration to improve aviation, rail and truck security. [Vote 65, 3/21/03; Post-Standard, 3/21/03] XXXX Voted Against $3 Billion for Homeland Security. In 2003, XXXX Voted Against $3 billion for homeland security, including $750 million for border security, $200 million for security at nuclear facilities, $850 million for smallpox vaccinations for first responders, $200 million to improve communication between first responder agencies, $1.1 billion for aviation security and $100 million for the Federal Emergency Management Administration. [Vote 3, 1/16/03; AP, 1/16/03] XXXX Voted To Exempt Terrorism First-Responders’ Income From Taxes. In 2002, XXXX voted for an amendment would add the Terrorist Response Tax Exemption Act, which would exempt from taxation the income 203

earned by civilian uniformed personnel in a month in which they provided security, safety, fire management, or medical services during the initial response in a terrorist attack zone. [HR 622, Vote 9, 1/29/02] XXXX Backed Filibuster Against Police, Fire Fighters and Rescue Workers. In 2001, XXXX opposed effort to grant collective bargaining rights for police, fire fighters and rescue workers to unionize to lobby for higher wages, improved working conditions and better benefits. If passed, the motion would have ended the Republican filibuster on this issue. [HR 3061, Vote 323, 11/6/01; CQ Monitor, 11/1/2001] FIRST RESPONDER COMMUNICATIONS XXXX Voted Against $1.2 Billion to Improve First Responder Communications. In March 2006, XXXX voted against increasing FY07 homeland security funding by $8 billion, $6.2 billion of which would go directly to the Department of Homeland Security. The funding XXXX rejected included $1.6 billion to restore first responder funding cuts and $1.2 billion to make it easier for state and local agencies to deal with mass casualties and improve communications. The funding would be offset by closing a number of tax loopholes. [Vote 59, 3/16/06; Lieberman Press Release, 3/16/06] XXXX Voted $5 Billion for First Responder Communications. During debate on the Fiscal Year 2007 budget, XXXX voted against an amendment to add $5 billion to provide interoperable communications to first responders. [Vote 45, 3/15/06; CQ, 3/15/06; Stabenow Press Release, 3/15/06] XXXX Rejected $5 Billion for Communications Improvements. In September 2005, just weeks after Hurricane Katrina, XXXX voted against providing an additional $5 billion for interoperable communications grants for first responders. [Vote 227, 9/14/05; CQ, 3/14/05; Las Vegas Review-Journal, 9/18/05] XXXX Voted Against $5 Billion for Interoperable Communications. In July 2005, one week after the transit attacks in London, XXXX voted against providing $5 billion for interoperable communications grants for first responders. Sen. Debbie Stabenow argued that our first responders still didn’t have the communication equipment they need to deal with such emergencies. “Look at what just happened in London,” Stabenow said. “Shame on us if we do not prepare our first responders to be able to talk with each other.” [Vote 183, 7/14/05; AP, 7/14/05] XXXX Opposed $70 Million in Homeland Security Funds. In 2004, XXXX voted against an additional $70 million in funding for improving the interoperability of state and local communication systems. [Vote 172, 9/9/04] XXXX Voted Against $200 Million to Improve First Responder Communications. In 2003, XXXX voted against $3 billion for homeland security, including $200 million to improve communication between first responder agencies. [Vote 3, 1/16/03; AP, 1/16/03] 9/11 COMMISSION XXXX Voted Against Implementing Recommendations of the 9/11 Commission. In March 2007, XXXX opposed a bill that would have completed the work of the 9/11 commission. The commission, which was created in the wake of the September 11th attacks to investigate the terrorist attacks and help prevent additional attacks, developed with a series of proposals to help rectify the failures that allowed the first attacks to happen. The bill included within it several measures designed to practically implement the commission’s recommendations. [Vote 73, 3/13/07; New York Times, 3/14/07; Reuters, 3/13/07; AP, 3/13/07; CQ Today, 3/14/07; DPC Report, 2/28/07] XXXX Voted Against Implementing 9/11 Commission Recommendations. In September 2006, XXXX voted against a proposal to implement the recommendations of the 9/11 Commission, including screening all cargo entering U.S. ports and improving communications among first responders. [Vote 243, 9/13/06; NationalJournal’s CongressDaily, 9/13/06] NOTE: The Democratic amendment also would have called on the Bush administration to begin withdrawing troops from Iraq. 204

XXXX Rejected Establishing Trust Fund to Implement 9/11 Commission Recommendations. In September 2006, XXXX voted to kill a proposal that would have created a homeland security trust fund to implement all 41 recommendations of the 9/11 Commission. It would have been offset by eliminating certain tax breaks for millionaires. [Vote 244, 9/13/06; National Journal’s CongressDaily, 9/13/06] XXXX Voted to Create the 9/11 Commission. In September 2002, XXXX voted for an amendment that would establish the National Commission on Terrorist Attacks Upon the United States to investigate the facts and circumstances relating to the Sept. 11 terrorist attacks. The commission would be required to report its initial findings and recommendations to the president and to Congress within six months of its first meeting, followed by a second report within one year. The underlying substitute amendment would create a cabinet-level Homeland Security Department charged with protecting domestic security. [HR 5005, Vote 223, 9/24/02] OTHER 9/11 XXXX Voted to Block Funding for Civilian Trials of Sept. 11 Terrorist Attack Conspirators. In November 2009, XXXX voted to block funding for U.S. civilian trials for the alleged conspirators of the Sept. 11 terrorist attacks. The Senate voted 54-45 to table, or kill, an amendment by Lindsey Graham, R-S.C., to the Commerce- Justice-Science Appropriations bill that would bar the use of Justice Department funds under the bill to prosecute in a regular federal court anyone linked to the Sept. 11 terrorist attacks. The amendment attracted a bipartisan group of cosponsors, including Jim Webb, D-Va.; Joseph I. Lieberman, I-Conn.; and John McCain, R-Ariz. But some who opposed the amendment argued it’s a ploy to further hold detainees at the detention facility at Guantánamo. [CQ Today, 11/05/09; Vote 338, 11/05/09] XXXX Voted Against a Declassification of Information on the Background of the 9/11 Hijackers. In October 2003, XXXX voted against an amendment to “put the Senate on record in favor of declassifying a 28- page chapter of Congress’ July report on the Sept. 11 terrorist attacks. That portion of the report, which discusses foreign support for terrorism, is said to contain allegations about ties between Saudi Arabia and al Qaida. Many Democrats have called for the chapter’s declassification, but Republican lawmakers, backed by the White House, have blocked efforts to make the findings public. Bob Graham, D-Fla., a cosponsor of the amendment and former chairman of the Senate Intelligence Committee, said, ‘Ignorance and secrecy serve no national purpose.’ But Intelligence Chairman Pat XXXX, R-Kan., warned that making the material public would endanger intelligence sources, methods and ongoing investigations. XXXX said curious senators can read the chapter. ‘If members have a keen interest [in the 28 pages], please come to the committee, and we’ll provide you with the information,’ he said.” [Vote 415, 10/29/03; CQ Today, 10/29/03] XXXX Voted to Kill an Amendment for $7.5 Billion in 9-11 Recovery Funds. In 2001, XXXX voted to kill a plan to provide an additional $7.5 billion in recovery funds to areas hit by Sept. 11th attacks (New York, Virginia, Pennsylvania). [HR 3338, Vote 355, 12/6/01] XXXX Voted to Provide Relief to Airlines. In September 2001, XXXX voted to provide $15 billion in relief for airlines after the terrorist attacks of September 11, 2001. The bill also helped the airlines by limiting their liability for damages related to the attacks to how much was covered by their insurance [Vote 284, 9/21/01] McConnell Voted Against Paying Difference in Salaries for Federal Employees Called to Duty in Response to th September 11 Terrorist Attacks. On November 28, 2001, McConnell voted to kill and amendment that would have assured federal employees called to duty would not suffer a pay cut. The amendment would have required the federal government to pay the difference in salary for any federal employee called up to serve in a military reserve unit or the National Guard. [Vote 456, 11/28/01] *wrong hyperlink INTELLIGENCE / WIRETAPPING XXXX Voted To Reauthorize FISA. In December 2012, XXXX voted in favor of passage of the bill that would reauthorize for five years, through 2017, the Foreign Intelligence Surveillance Act, which governs electronic 205

surveillance of foreign terrorism suspects. The law allows surveillance of foreign targets who may be communicating with people in the United States provided that the secret FISA court approves surveillance procedures. It would allow the attorney general and director of national intelligence to jointly authorize, for up to one year, investigations involving surveillance targeting foreigners who are reasonably believed to be located outside the United States. The measure was passed by a vote of 73-23. [Vote 236, 12/28/12] XXXX Voted to Overhaul the Foreign Intelligence Surveillance Act That Gave Companies Immunity. In July 2008, XXXX voted in favor of a bill to rewrite of the nation’s electronic spying law, Foreign Intelligence Surveillance Act (FISA). The bill would allow warrantless surveillance of foreign targets who may be communicating with people in the United States after the secret FISA court approves surveillance procedures; the administration can begin that surveillance prior to the FISA court review if the need is deemed urgent. The bill would require FISA warrants for surveillance of U.S. citizens overseas. It would allow federal district courts to waive existing lawsuits against companies that assisted President Bush's warrantless surveillance program. The Senate passed the measure by a vote of 69-28. [Vote 168, 7/09/08]  XXXX Voted to Give Telecommunications Companies Retroactive Immunity in Wiretapping Lawsuits. In July 2008, XXXX voted against an amendment to the overhaul of the nation’s electronic spying law, Foreign Intelligence Surveillance Act (FISA) that would strike the provisions providing retroactive immunity from civil liability to telecommunications companies that have participated in the National Security Agency's warrantless surveillance program. [Vote 164, 7/09/08]  XXXX Voted to Overhaul the Foreign Intelligence Surveillance Act That Gave Companies Immunity. In February 2009, XXXX voted for an overhaul of the Foreign Intelligence Surveillance Act (FISA) to authorize warrantless surveillance of foreign targets, even if they are communicating with someone in the United States. It would give the FISA court authority to approve several aspects of how such surveillance is conducted. It also would grant retroactive legal immunity to telecommunications companies alleged to have participated in the National Security Agency's warrantless surveillance program. [Vote 20, 2/12/08]  XXXX Voted to Give Telecommunications Companies Retroactive Immunity in Wiretapping Lawsuits. In February 2008, XXXX voted against an amendment the Foreign Intelligence Surveillance Act overhaul that would strike the provisions providing retroactive immunity from civil liability to telecommunications companies alleged to have participated in the National Security Agency's warrantless surveillance program. [Vote 15, 2/12/08] XXXX Voted Against an Intelligence Bill That Would Prohibit Use of Waterboarding, Other Torture. In February 2008, XXXX voted against a measure which would authorize the CIA and other U.S. intelligence agencies for fiscal year 2008. Besides setting policy for the intelligence agencies, it also authorizes funding for the $43.5 billion national intelligence program. President Bush has threatened to veto it because of several provisions he opposes, including one that would require intelligence agencies to adopt the Army Field Manual’s restrictions on “enhanced” interrogation techniques, including waterboarding, which simulates drowning. [CQ Today, 2/13/08; Vote 22, 2/13/08] XXXX Voted to Allow Warrantless Surveillance. In August 2007, XXXX voted in favor of a bill that amended 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 suspected foreign terrorists without a court warrant. Within 120 days of enactment, 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. As amended, the bill would sunset after six months. [Vote 309, 8/3/06] XXXX Voted to Overhaul US Intelligence Agencies. In November 2004, XXXX voted for a bill that would reorganize 15 U.S. intelligence agencies and create a new director of national intelligence to oversee all U.S. intelligence activities and determine the intelligence budget. The director would be allowed to move no more than 5 percent of an agency's budget. The National Counterterrorism Center would serve as the primary organization for 206

analyzing and integrating all U.S. intelligence pertaining to terrorism and counterterrorism. The measure would authorize approximately 10,000 additional border patrol agents over five years, and new programs and pilot projects to upgrade airport and airplane security. The FBI would be allowed to conduct surveillance and wiretaps on suspected terrorists who have no ties to any foreign country or entity. [S 2845, Vote 216, 12/8/04] XXXX Voted for the Intelligence Oversight Bill. In 2004, XXXX voted for a resolution that would transform the Governmental Affairs Committee into the Homeland Security and Governmental Affairs Committee, with jurisdiction over much of the Homeland Security Department. It also would create an Intelligence Appropriations Subcommittee, eliminate term limits for members of the Select Intelligence Committee and shrink its size by two slots. The resolution, would also retain Judiciary Committee jurisdiction over the Secret Service. [S Res 445, Vote 208, 10/9/04] XXXX Voted To Give the Intelligence Appropriations Subcommittee Authorization and Appropriation Authority. In October 2004, XXXX voted for an amendment that would give the Intelligence Appropriations subcommittee both authorization and appropriation authority. The substitute would transform the Governmental Affairs Committee into the Homeland Security and Governmental Affairs Committee, with jurisdiction over much of the Homeland Security Department. It also would create an Intelligence Appropriations Subcommittee, merge the Military Construction and Defense Appropriations subcommittees, eliminate term limits for members of the Intelligence Committee and shrink its size by two slots. XXXX was one of only 23 Senators to support this legislation. [S Res 445, Vote 200, 10/7/04] XXXX Voted to Overhaul Intelligence Agencies and Create a National Intelligence Director. In October 2004, XXXX voted for a bill that would reorganize 15 U.S. intelligence agencies and create a national intelligence director with the power to freely transfer money among the CIA, National Security Agency and other defense and civilian agencies. It also would create a counterterrorism center with operational planning capabilities and a Privacy and Civil Liberties Oversight Board to investigate use of intelligence powers and act as a watchdog for civil liberties concerns. The bill, as amended, would require the Homeland Security secretary to develop and implement a comprehensive national transportation security plan and exempt certain "joint military programs" from the authority of the new director. [S 2845, Vote 199, 10/6/04] XXXX Voted to Follow the National Security Act of 1947. In October 2004, XXXX voted for an amendment to clarify that funds appropriated for intelligence activities must be specifically authorized in accordance with the National Security Act of 1947. [Vote 198, 10/6/04] XXXX Voted to Invoke Cloture on a Bill to Create a New National Intelligence Director. In October 2004, XXXX voted to end debate on the bill that would create a national intelligence director with budget authority and a national counterterrorism center, based on recommendations of the Sept. 11 commission. [Vote 197, 10/5/04] XXXX Voted Against Disclose Top of the Line Intelligence Funding. In October 2004, XXXX voted against killing an amendment that would strike the section of the bill that would require the public disclosure of the aggregate top-line amount of intelligence funding. [S 2845, Vote 196, 10/4/04] XXXX Voted Against Putting Restrictions on the National Intelligence Director’s Budget Accounts. In October 2004, XXXX voted to kill an amendment that struck language in the bill that established new budget accounts for use by the national intelligence director. It also placed restrictions on the new director’s authority to transfer funds including requiring approval from OMB director and Congress, capping the total transfer to $100 million per fiscal year and requiring it to be less than 5 percent of an agency’s total budget. [Vote 195, 10/4/04] XXXX Voted Against Putting the National Intelligence Director on the National Security Council. In September 2004, XXXX voted to kill an amendment that struck the text of the bill and inserted language that created a national intelligence coordinator as a member of the National Security Council. The new position would have coordinated the performance of all U.S. intelligence and intelligence-related activities and assumed the staff and resources currently assigned to the director of central intelligence. [Vote 193, 9/30/04] 207

XXXX Opposed Increasing the Strength of the National Intelligence Director. In 2004, XXXX voted against increasing the national intelligence director's (NID) authority to include direct operational control over several intelligence agencies, including the CIA, National Security Agency and certain military intelligence agencies. McConnell was one of only 19 Senators to oppose increasing the strength of the National Intelligence Director. [S 2845, Vote 192, 9/29/04] XXXX Voted Against a Fixed Term for the National Intelligence Director. In 2004, XXXX voted to kill an amendment that would specify a fixed 10-year term for the national intelligence director. [Vote 191, 9/29/04] XXXX Voted to Classify a Report that Called for a Stronger Intelligence Director. In September 2004, XXXX voted to kill an amendment that would require the Bush administration to declassify a 2002 report by a commission led by former national security advisor Brent Scowcroft that recommended a stronger director of central intelligence. [Vote 180, 9/14/04] XXXX Voted Against Transferring $300 Million From Intelligence Activities to Port and Maritime Security. In 2003, XXXX voted against an amendment that would transfer $300 million in the bill from intelligence activities to port and maritime security. [HR 2555, Vote 294, 7/23/03] XXXX Voted To Expanded Powerful Surveillance Law, To Allow Wiretapping Of “Lone Foreigners.” In 2003, XXXX voted to expand a “powerful surveillance law,” used in terrorism investigations, to “allow U.S. agents to wiretap lone foreigners who can’t be linked to a terror organization or government.” Prior to the measure, U.S. law enforcement officers could get warrants authorizing intelligence-gathering wiretaps from a secret court, but only if they could establish a reasonable belief the target was an “agent of a foreign power” or group. The bill also included a compromise provision by Sen. Russell Feingold, D-Wis., requiring that the Justice Department report to lawmakers how often that “lone wolf” provision is employed. [Vote 146, 5/8/03; AP, 5/8/03] XXXX Voted Against Greater Judicial Oversight Over Surveillance Warrants Against “Lone Wolf” Foreigners. In 2003, XXXX voted against an amendment that would have given federal judges more discretion when to approve surveillance warrants against foreigners suspected of terrorist activity while acting on their own. Sen. Feinstein said the “Moussaoui fix” bill sought by Senators Schumer and Kyl went too far because it would give federal prosecutors too powerful a tool with far less judicial oversight than traditional criminal wiretap laws. [S 113, Vote 145, 5/8/03; Associated Press, 5/8/03] XXXX Voted to Expand Law Enforcement’s Power to Investigate Suspected Terrorists. In 2001, XXXX voted for a bill to expand law enforcement’s power to investigate suspected terrorists by allowing the disclosure of wiretap information among certain government officials, authorizing limited disclosure of secret grand jury information to certain government officials, and authorizing the attorney general to detain foreigners with suspected ties to terrorism. It also would make it easier for law enforcement to track voice and Internet communications using surveillance techniques, and would strengthen laws to combat money laundering. Most of the bill’s intelligence- gathering provisions would sunset after four years. [HR 3162, Vote 313, 10/25/01]  This law included provisions to give the government enhanced authority to conduct secret searches and demand information from bookstores and libraries, including “the titles of books an individual has bought or borrowed,” as well as “the identity of individuals who have bought or borrowed certain books.” [CQ Weekly, 11/23/02, and CQ Monitor News, 10/24/02]  In addition, “the Patriot Act mandates that brokerages verify the identities of their clients and monitor trades with mutual funds.” [The Bond Buyer, 10/14/03] XXXX Voted to Expand Law Enforcement’s Power to Investigate Suspected Terrorists. In 2001, XXXX was one of 96 senators who voted for a bill to expand law enforcement’s power to investigate suspected terrorists by allowing the disclosure of wiretap information among certain government officials, authorizing limited disclosure of secret grand jury information to certain government officials, and authorizing the attorney general to detain foreigners with suspected ties to terrorism. It also would make it easier for law enforcement to track Internet 208

communications using surveillance techniques. [S 1510, Vote 302, 10/11/01] XXXX Voted To Kill An Amendment To Limit Anti-Terrorist Authorities’ Access To Business Records. In 2001, XXXX voted against an amendment that would restrict new authority to obtain business records by only allowing orders to require the production of records pertaining to a person who is allegedly the agent of a foreign power, and only allowing access to the records of such a person to the extent permitted by other Federal and State laws that restrict law enforcement access to personal records. [S 1510, Vote 301, 10/11/01] XXXX Voted To Kill An Amendment To Restrict Roving Wiretaps In Foreign Intelligence Investigations. In 2001, XXXX voted against an amendment that would place restrictions on roving wiretap authority in foreign intelligence investigations. The Feingold amendment would add that for FISA roving wiretaps, a device could only be wiretapped if the target of the wiretap was present and the surveillance could only be of communications made by the target. [S 1510, Vote 300, 10/11/01] XXXX Voted To Kill An Amendment That Would Limit Law Enforcement’s Ability To Monitor Computers. Robets voted against an amendment that would prohibit law enforcement officials from monitoring the unauthorized use of computers by people who had contractual or "other" existing rights to access all or part of the computers in question. Also, it would permit law enforcement officials to monitor trespassers for no more than 96 hours without a court order. [S 1510, Vote 299, 10/11/01] XXXX Supported The Intelligence Authorization Act For FY 2001. In 2000, XXXX voted to close debate on the Intelligence Authorization Act for fiscal year 2001 (S. 2507). The bill authorized appropriations for United States intelligence activities and programs, the Central Intelligence Agency (CIA) Retirement and Disability System, and the Community Management Account of the Director of Central Intelligence (DCI). Key provisions included restrictions on the State Department's access to classified information if it could not demonstrate a better ability to protect that information. The cloture motion was agreed to, 96-1. [Vote 228, 7/26/00] NSA WIRETAPPING XXXX Voted Against Requiring NSA To Report The Number Of Domestic Communications They Have Collected. In December 2012, XXXX voted against Wyden, D-Ore., amendment no. 3439 that would require the director of national intelligence to report to Congress on how many domestic communications the government has collected under the 2008 foreign surveillance law. The amendment was rejected by a vote of 43-52 (D 36-12; R 6- 39; I 1-1). [Vote 235, 12/28/12] CIVIL LIBERTIES, DETAINEES XXXX Voted Against Making It Unlawful To Detain A US Citizen In The US Without Charge Or Trial. In November 2012, XXXX voted against Feinstein, D-Calif., amendment no. 3018 that would make it unlawful to detain a U.S. citizen or permanent resident apprehended in the United States without charge or trial. The amendment was adopted by a vote of 67-29 (D 46-3; R 20-25; I 1-1). [Vote 213, 11/29/12] XXXX Voted Against Omnibus Spending Bill That Would Prohibit Transfer of Guantanamo Detainees to the U.S. Other than for Prosecution. In December 2009, XXXX voted against the conference report on the bill that would provide $446.8 billion in discretionary spending for federal departments and agencies covered by six unfinished fiscal 2010 spending bills. The measure incorporates the following previously separate appropriations bills from the 111th Congress: Commerce-Justice-Science; Financial Services; Labor-HHS-Education; Military Construction-VA; State-Foreign Operations; and Transportation-HUD. It also would prohibit the release or transfer of detainees held in Guantanamo Bay, Cuba, into the United States, for any reason other than prosecution. [Vote 374, 12/13/09]  XXXX Voted Against Cloture on Omnibus Spending Bill. In December 2009, XXXX voted against a motion to invoke cloture on the conference report on the package (HR 3288) of six spending bills that would fund an array of domestic and State department programs. The conference report on the measure 209

provides for a total of $446.8 billion in discretionary spending, and roughly $1.1 trillion when mandatory spending is included. [CQ Today, 12/12/09; Vote 373, 12/12/09] XXXX Voted To Prohibit Transfer Of Inmates At Guantanamo Bay To US Facilities. In November 2012, XXXX voted in favor of Ayotte, R-N.H., amendment no. 3245 that would prohibit the transfer of detainees from Guantanamo Bay military facilities to the United States. The amendment was adopted by a vote of 54-41 (D 9-40; R 44-0; I 1-1). [Vote 212, 11/29/12] XXXX Voted to Prohibit Funding to Build Facilities in the U.S. to Hold Guantanamo Detainees. In November2009, XXXX voted against tabling a measure by James M. Inhofe, R-Okla., that would have prohibited funding to build facilities in the United States to hold detainees from the Guantanamo detention center. “It would prohibit the Obama administration from upgrading security at any facility in the United States where a Guantanamo detainee would be held,” said Majority Whip Richard J. Durbin, D-Ill. “That is unwise and unprecedented. It certainly is not in the best interest of the homeland security of the United States.” The amendment to the Military Construction-VA Appropriations bill was killed on a vote of 57-43. [CQ Today, 11/17/09; Vote 347, 11/17/09] XXXX Voted For Critical Homeland Security Spending Bill That Would Prohibit Moving Detainees From Guantanamo to the U.S. In October 2009, XXXX voted for a $44.1 billion Homeland Security spending measure that would place some new restrictions on moving detainees from Guantánamo Bay, Cuba, to the United States. The conference agreement’s proposed spending is 6.6 percent higher than the money appropriated for fiscal 2009 and includes $42.8 billion in discretionary funds. The agreement would prohibit the transfer of detainees to the United States from the U.S. facility at Guantánamo Bay, except for prosecution. It would require the president to report to Congress before any detainee is transferred to any country. It would also place detainees on the “no-fly” list and would deny them immigration benefits. The conference measure would extend for three years the authorization of the E-Verify program to check on new workers being hired. The conference report was adopted 79- 19. [CQ Today, 10/20/09; Vote 323, 10/20/09]  XXXX Voted For Homeland Security Funding. In 2009, XXXX voted for the Senate $44.3 billion fiscal 2010 Homeland Security appropriations measure, including $42.9 billion in discretionary spending. The total would include $16 billion for Customs and Border Protection; $5.7 billion for Immigration and Customs Enforcement; $7.7 billion for the Transportation Security Administration, including fees; $10.2 billion for the Coast Guard, excluding mandatory spending; $1.5 billion for the Secret Service and $7.1 billion for FEMA. It also would prohibit funding after Jan. 4, 2010, for Loran-C, a land-based radio navigation system. As amended the bill would require the fence built along the U.S.-Mexican border to prevent pedestrian traffic and reach completion by Dec. 31, 2010. It would also permanently reauthorize the Homeland Security Department's E-Verify program and require federal contractors to check employee citizenship status in the E-Verify system. The bill passed 84-6. [CQ Today, 7/09/09; Vote 229, 7/09/09] XXXX Voted Against Banning Torture. In February 2008, XXXX voted against the adoption of the conference report on the bill that would authorize classified amounts in fiscal 2008 for 17 U.S. intelligence activities and agencies, including the CIA, the Office of the National Intelligence Director and the National Security Agency. It would authorize funds for the intelligence portion of the fiscal 2008 emergency supplemental for the wars in Iraq and Afghanistan. It would also authorize increased investment in U.S. human intelligence activities, including training, infrastructure and global capabilities. It would have prohibited the use of any interrogation treatment not authorized by the U.S. Army Field Manual against any individual in the custody of the intelligence community. [Vote 22, 2/13/08] XXXX Voted Against Restoring Habeas Rights for Detainees. In 2007, XXXX voted against a bill sponsored by Senators Patrick Leahy and Arlen Specter to restore habeas corpus rights for military detainees held at Guantanamo Bay and other facilities. The bill would have removed a ban on habeas corpus petitions that was included in the Military Commissions Act of 2006. The bill failed as Senate Republicans were able to prevent the bill from receiving 60 votes needed to cut off debate. [Vote 340, 9/19/07; AP, 9/19/07] 210

XXXX Voted Against Preserving Habeas Corpus. XXXX voted against restoring habeas corpus rights to for military detainees in the War on Terror. [Christian Science Monitor, 10/2/06; Vote 255, 9/28/06] EMERGENCY MANAGEMENT AND DISASTER RELIEF XXXX Voted Against Disaster Relief For Superstorm Sandy. In January 2013, XXXX voted against passage of the bill that would provide about $50.5 billion for communities hit by Superstorm Sandy. Nearly all funding would be designated as emergency spending exempt from discretionary caps, except for $5.4 billion for the Federal Emergency Management Agency's Disaster Relief Fund. The bill would include about $11.5 billion for FEMA's Disaster Relief Fund, $10.9 billion for transit systems, $16 billion for Department of Housing and Urban Development community development programs, $5.4 billion for the Army Corps of Engineers, $708 million for repairs to national parks, wildlife refuges and facilities, $234 million for Veterans Affairs medical activities and construction projects, $274 million for Coast Guard projects and $520 million for Small Business Administration disaster loans. The measure was passed by a vote of 62-36 (D 52-0; R 9-36; I 1-0). [Vote 4, 1/28/13]  XXXX Voted Against Emergency Funding For Communities Hit By Superstorm Sandy. In December 2012, XXXX voted against passage of the bill that would provide $60.4 billion in emergency spending for communities hit by Superstorm Sandy, including an additional $9.7 billion in borrowing authority for the National Flood Insurance Program, $13 billion for mitigation projects, $11.5 billion for the Federal Emergency Management Agency's Disaster Relief Fund and $10.8 billion to the Federal Transit Administration to rebuild public transit systems. As amended the bill would provide $17 billion for the Community Development Fund, with $500 million designated for regions that suffered major disasters or for "small, economically distressed areas" with less severe calamities in 2011 and 2012. The bill would allow the transfer of previously appropriated foreign affairs funds to pay for increased security at U.S. embassies and other overseas posts. The measure was passed by a vote of 62-32 (D 49-0; R 18-24; I 2-0). [Vote 250, 12/30/12]  XXXX Voted Against Disaster Relief For Communities Affected By Superstorm Sandy. In December 2012, XXXX voted against a Mikulski, D-Md., motion to waive the Budget Act with respect to the Toomey, R- Pa., point of order against the Reid, D-Nev., substitute amendment no. 3395 that would provide $60.4 billion in emergency spending for communities hit by Superstorm Sandy, including an additional $9.7 billion in borrowing authority of the National Flood Insurance Program, $13 billion for mitigation projects, $11.5 billion for the Federal Emergency Management Agency's Disaster Relief Fund and $10.8 billion to the Federal Transit Administration to rebuild public transit systems. The motion was rejected by a vote of 57-34 (D 50-0; R 5-34; I 2-0). [Vote 231, 12/21/12] XXXX Voted Against Removing FEMA From Homeland Security. In July 2006, XXXX voted against a proposal to remove FEMA from the Department of Homeland Security and establish it as an independent, cabinet- level agency. It would require the agency’s head to have significant expertise in the area of emergency preparedness and response. [Vote 193, 7/11/06; Arkansas Democrat-Gazette, 7/15/06] XXXX Voted Against $100 Million For Emergency Management Planning Grants. In 2003, XXXX voted against an amendment that would increase spending on emergency management planning grants to state and local governments by $100 million in fiscal 2004. [Vote 293, 7/23/03] MISCELLANEOUS XXXX Voted Against Making The Chairman And Ranking Member Of The Foreign Relations Committee Ex Officio Members Of The Intelligence Committee. In October 2004, XXXX voted against an amendment that would make the chairman and ranking member of the Foreign Relations Committee ex officio members of the Intelligence Committee, without voting rights or the ability to help establish a quorum. The underlying amendment would transform the Governmental Affairs Committee into the Homeland Security and Governmental Affairs Committee, with jurisdiction over much of the Homeland Security Department. It also would create an Intelligence Appropriations Subcommittee, merge the Military Construction and Defense Appropriations subcommittees, 211

eliminate term limits for members of the Intelligence Committee and shrink its size by two slots. [S Res 445, Vote 203, 10/7/04] XXXX Voted Against Closing Terrorist Loophole. In September 2004, XXXX voted against an amendment that would dry up the money flowing to a country that has “repeatedly provided support for acts of international terrorism.” The amendment would have closed a loophole in U.S. law that allows U.S. companies to do business with these countries through foreign subsidiaries. [Vote 194, 9/30/04] XXXX Did Not Vote For Allowing Terrorism Victims To Recover Damages From Terrorists’ Frozen Assets. In 2002, XXXX did not vote on an amendment that would allow victims of terrorism to recover damages from the frozen assets of terrorists, terrorist organizations, or state sponsors of terrorist acts. [S 2600, Vote 155, 6/14/02] XXXX Did Not Vote On A Bill To Conform U.S. Law With Two International Agreements On Terrorism. In 2002, XXXX did not vote on the Terrorist Bombings Convention Implementation Act of 2002 (H.R. 3275). The bill would make United States law conform to two international conventions, the Convention on the Suppression of Terrorist Bombings and the Convention for the Suppression of the Financing of Terrorism. The purpose of the conventions was to ensure that all signatory nations have in place laws to enable full and effective international cooperation against terrorism. The bill passed, 83-1. [HR 3275, Vote 154, 6/14/02] XXXX Voted to Require Anti-Terrorism Support From Trade Partners. In May 2002, XXXX voted for an amendment that would add a provision to the list of requirements countries need to meet to be eligible for U.S. trade preferences that requires a country to take steps to support U.S. efforts to combat terrorism. The substitute amendment would extend duty-free status to certain products from Bolivia, Colombia, Ecuador and Peru, renew the president's fast-track authority and reauthorize and expand a program to provide retraining and relocation assistance to U.S. workers hurt by trade agreements. It also would create a refundable 70 percent tax credit for health insurance costs for displaced workers. [HR 3009, Vote 120, 5/21/02] 212

HOUSING HIGHLIGHTS  THE XXXX RECORD MISCELLANEOUS XXXX Voted to Prohibit Bonus Payments to Executives at Fannie Mae and Freddie Mac While Under Government Conservatorship. In 2012, XXXX voted for passage of the bill that would clarify that members of Congress and their aides are covered by current Securities and Exchange Commission regulations that bar the use of non-public information for trading stocks and bonds. The bill would state that existing House and Senate ethics rules bar lawmakers from voting on legislation on which they have a conflict of interest. It would require lawmakers and congressional aides who already file annual financial disclosure statements to report stock and bond transactions within 30 days of the transaction. The information would be posted on a publicly-available website. The bill would require lawmakers to disclose more financial data on their home mortgages and would prohibit the payment of bonuses to Fannie Mae and Freddie Mac executives while the two mortgage giants are under government conservatorship. The bill passed by a vote of 96-3. [S.2038, Vote #14, 2/2/12; HW, 2/3/12] XXXX Did Not Vote On Extending Homebuyer Tax Credit. In June 2010, XXXX did not a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Reid substitute amendment no. 4425 that would extend eligibility for extended federal unemployment insurance and the deadline for consumers to benefit from the homebuyer tax credit program. [Vote 204, 6/30/10] XXXX Did Not Vote On Extension Of Homebuyers Tax Credit. In June 2010, XXXX did not vote on a Reid, D-Nev., amendment no. 4344 that would extend, through Sept. 30, 2010, the deadline for homebuyers to close on their properties to claim a first-time homebuyer tax credit, if they were under contract as of April 30, 2010, when authorization for the program expired. It would be offset by eliminating the possibility of a tax deduction for punitive damages judgments against businesses. [Vote 191, 6/16/10] XXXX Voted For Help for Homeowners Facing Foreclosure, Expanding FDIC Insurance and Borrowing Authority. In May 2009, XXXX voted for a bill designed to broaden a federal safety net for homeowners on the brink of foreclosure and boost the liquidity of a key banking regulator, amid skyrocketing foreclosure rates. The bill would expand the borrowing authority for the Federal Deposit Insurance Corporation to $100 billion from $30 billion. Federal regulators would have the option of expanding the borrowing authority to $500 billion through 2010. The bill also would extend, until 2013, an increase in the FDIC’s deposit insurance to $250,000. It was bumped from $100,000 by the financial industry bailout law enacted the previous fall. The bill also would expand eligibility for the Hope for Homeowners program, a $300 billion housing program enacted the previous summer to spur homeowners struggling to make mortgage payments to refinance into 30-year, fixed-rate mortgages insured by the Federal Housing Administration. The bill would shield lenders participating in the Obama administration’s $75 billion housing program or the Hope for Homeowners program from investor lawsuits. The bill passed 91-5. [CQ Today, 5/06/09; Vote 185, 5/06/09] XXXX Voted Against Allowing Bankruptcy Judges to Alter Terms of Mortgages. In April 2009, XXXX voted against an amendment to a housing bill that would have given bankruptcy judges the option of changing the terms of a mortgage loan. It would allow judges to alter the interest rate, principal or payment period on a mortgage — a process often referred to as “cramdown.” The amendment failed 45-51. [CQ Today, 4/30/09; Vote 174, 4/30/09] 213

XXXX Voted For Mortgage Relief and Billions in Housing-Focused Tax Breaks. In July 2008, XXXX voted for a landmark housing bill intended to stabilize financial markets and the battered housing sector. The bill contains provisions to help borrowers get out from under loans they cannot afford and throws a lifeline to the struggling mortgage giants Fannie Mae and Freddie Mac. It also creates a strong new federal regulator for the two companies that will be empowered to set capital levels and limits on their mortgage portfolios. It would overhaul the Federal Housing Administration. The measure also establishes an affordable housing trust fund to be financed by Fannie and Freddie. Lawmakers also included a $15.1 billion package of housing-focused tax breaks, including a one-time tax credit to most first-time homebuyers. The package also would allow taxpayers who do not itemize on their returns to claim a one-time $500 deduction ($1,000 for married couples filing jointly) for local property taxes. The motion to concur passed 72-13. [CQ Today, 7/26/08; Vote 186, 7/25/08]  XXXX Voted To Allow Consideration of Mortgage Relief and Billions in Housing-Focused Tax Breaks. In July 2008, XXXX voted to limit debate on a landmark housing bill intended to stabilize financial markets and the battered housing sector. The bill contains provisions to help borrowers get out from under loans they cannot afford and throws a lifeline to the struggling mortgage giants Fannie Mae and Freddie Mac. It also creates a strong new federal regulator for the two companies that will be empowered to set capital levels and limits on their mortgage portfolios. It would overhaul the Federal Housing Administration. The measure also establishes an affordable housing trust fund to be financed by Fannie and Freddie. Lawmakers also included a $15.1 billion package of housing-focused tax breaks, including a one-time tax credit to most first-time homebuyers. The package also would allow taxpayers who do not itemize on their returns to claim a one-time $500 deduction ($1,000 for married couples filing jointly) for local property taxes. The motion to invoke cloture passed 80-13. [CQ Today, 7/26/08, 7/25/08; Vote 185, 7/25/08]  XXXX Voted For Senate Version of Mortgage Relief and Housing Tax Breaks. In April 2008, Robets voted for a bipartisan package built around tax incentives designed to spur the purchase of homes now in foreclosure and to grant relief to struggling homebuilders and other money-losing businesses. The Senate version included provisions aimed at helping home-owners refinance their mortgages. It also would modernize the Federal Housing Administration (FHA). It would grant a tax credit of $7,000 over two years to individuals who buy homes in or near foreclosure. And it would create a property tax deduction, for 2008 only, of $500 for individuals and $1,000 for married couples for households that do not itemize on their income tax returns. The core provisions of the Senate bill would cost $10.9 billion over 10 years, with no offsets. It would also extend expiring tax breaks for renewable energy and energy efficiency for a year at a cost of $6 billion. [CQ Today, 4/10/08; Vote 96, 4/10/08] XXXX Voted Against Allowing Bankruptcy Judges to Modify Mortgages. In April 2008, XXXX voted to kill an amendment that would have allowed bankruptcy judges to modify subprime and non-traditional mortgages, including reducing the outstanding principal on the mortgage. Durbin made the motion to table his own amendment in an effort to avoid a stalemate on the housing package. [CQ Today, 4/03/08; Vote 88, 4/03/08] XXXX Voted Against Restoring Funding to the Community Development Block Grant Program. In March 2005, XXXX voted against an amendment that would restore funding for the Community Development Block Grant Program and other programs to fiscal 2005 levels. It would be offset by cuts to the Allowances account. [S Con Res 18, Vote 66, 3/17/05] XXXX Voted Against Restoring Funding to the Community Development Block Grant Program. In March 2005, XXXX voted against an amendment that would restore $1.9 billion in cuts to the Community Development Block Grant Program and other programs proposed for elimination, restoring funding to fiscal 2005 levels. It would be offset by striking $1.8 billion from the reconciliation instruction's tax cut figure. [S Con Res 18, Vote 65, 3/17/05] XXXX Supported VA and HUD Funding. In October 2000, XXXX supported adoption of the conference report on the bill that would appropriate $107.3 billion in fiscal 2001 for the Veterans Affairs and Housing and Urban Development departments and independent agencies (EPA, NASA and the FEMA) as well as $23.6 billion for the 214

Energy Department and Army Corps of Engineers, and other independent agencies. It would appropriate $30.6 billion for HUD programs and $47 billion for VA programs and benefits. The corps would receive $4.5 billion for water programs and the Energy Department would get $13.5 billion for defense nuclear programs. [Vote 278, 10/19/00] 215

IMMIGRATION HIGHLIGHTS  In 2013, XXXX voted against the comprehensive immigration bill proposed by the bipartisan Gang of 8 coalition. XXXX even voted against the “border surge” funding that included doubling border patrol agents and building an additional 350 miles of fence.  In 2007, XXXX voted to kill the comprehensive immigration bill drafted by a bipartisan coalition.  In 2010, XXXX voted against the DREAM Act to grant citizenship to children of illegal immigrants who attend college or join the military. In 2007, XXXX voted to block the DREAM Act.  In 2006, XXXX voted for a bill that would allow for the construction of a fence along the Mexican border. In 2013, XXXX voted for an amendment to require 350 miles of double-layered fencing be completed along the southern border before any other action on immigration could be implemented. THE XXXX RECORD IMMIGRATION REFORM 2013 Senate Immigration Reform Bill XXXX Voted Against Final Passage Of Bipartisan Comprehensive Immigration Reform. In June 2013, XXXX voted against the passage of a bill that would overhaul U.S. immigration policies, create an incremental path to citizenship for most illegal immigrants in the country and institute new border security measures. It would require the Homeland Security Department to complete certain security measures, including 700 miles of fencing along the southern border, nationwide use of its E-Verify system and a biometric entry-exit system at all international airports and seaports, before illegal immigrants who receive provisional legal status can become permanent residents. It would make available $42.5 billion for additional border control agents, the 700-mile fence and monitoring technology, such as cameras and drones. It would create visa programs for agricultural and low- skilled workers and qualified entrepreneurs, and increase temporary visas available for high-skilled workers from 65,000 to 115,000 annually. The bill would create a program to allocate green cards, up to 250,000 each year, on a merit-based system, with consideration given to family ties in the United States and the country's economic needs. It would require DHS to annually audit its E-Verify system and begin removal proceedings for at least 90 percent of people who stay beyond the duration of their visas. It also would prevent immigrants from claiming Social Security benefits for work they did while unauthorized and bar non-citizens from receiving public assistance. The measure passed by a vote of 68-32 (D 52-0; R 14-32; I 2-0). [Vote 168, 6/27/13; Vote 166, 6/27/13]  XXXX Voted Against Ending Filibuster On Bipartisan Comprehensive Immigration Reform. In June 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would overhaul U.S. immigration policies, create a path to citizenship for most illegal immigrants in the country and institute new border security measures. It would require the Homeland Security Department to complete certain security measures before illegal immigrants who receive provisional legal status can become permanent residents. It also would create visa programs for agricultural and low-skilled workers and qualified entrepreneurs, as well as a program to allocate green cards on a merit-based system. The motion was agreed to by a vote of 68-32 (D 52- 0; R 14-32; I 2-0). [Vote 167, 6/27/13] XXXX Voted Against “Border Surge” As Part Of Comprehensive Immigration Reform. In June 2013, XXXX voted against the Leahy, D-Vt., amendment no. 1183 that would require the Homeland Security Department to 216

complete certain security measures before illegal immigrants who receive provisional legal status can become permanent residents. It would make available $30 billion for the department to hire 19,200 border control agents, $8 billion to build 700 miles of border fencing and $4.5 billion for technology such as cameras and drones. It would mandate starting removal proceedings for at least 90 percent of visa overstays, or individuals who enter the United States legally but who stay beyond the duration of their visas. It also would prevent immigrants from claiming Social Security benefits for work they did while unauthorized and bar non-citizens from receiving public assistance. The amendment was adopted by a vote of 69-29 (D 52-0; R 15-29; I 2-0). The Christian Science Monitor reported, “Immigration reform continued forward on Wednesday, when the Senate approved an amendment promising a ‘border surge’ by a 69-27 vote.” [Vote 163, 6/26/13; Christian Science Monitor, 6/26/13] XXXX Voted In Favor Of Killing Comprehensive Immigration Reform. In June 2013, XXXX voted against “a motion to waive a Republican budget point of order against the bill.” The motion was agreed to by a vote of 68-30 (D 52-0; R 14-30; I 2-0). [Vote 162, 6/26/13; The Hill, 6/26/13] XXXX Voted Against “Border Surge” That Included Doubling Border Patrol Agents, Building 350 More Miles Of Border Fence And Invest Billions in Border Security. In June 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Leahy, D-Vt., amendment no. 1183 that would require the Homeland Security Department to complete certain security measures, including fencing along the southern border, more border agents and technology, and an entry-exit system at airports and seaports, before illegal immigrants who receive provisional legal status can become permanent residents. It also would prevent immigrants from claiming Social Security benefits for work they did while unauthorized and bar non-citizens from receiving public assistance. The motion was agreed to by a vote of 67-27 (D 50-0; R 15-27; I 2-0). According to the Arizona Republic, “The Senate's vote Monday to add an aggressive, $38billion ‘border surge’ package to its sweeping immigration- overhaul bill makes it all but certain the landmark legislation will pass later this week with strong bipartisan support. Senators voted 67-27 to end debate on the border-security compromise, which would double the number of Border Patrol agents to about 40,000, build 350 more miles of fence along the southwestern border, and invest in drones, radar and other surveillance equipment to detect illegal border crossings.” [Vote 160, 6/24/13; Arizona Republic, 6/25/13] XXXX Voted For Republican Poison Pill “Border Surge” Policy That Included Less Funding For Border Security. In June 2013, XXXX voted against a motion to kill Senator Cornyn’s border security amendment to comprehensive immigration reform. The Dallas Morning News reported, “The Senate rejected a tough border security plan Thursday from Texas Sen. John Cornyn, but key lawmakers embraced an even more ambitious ‘surge’ policy to double the Border Patrol and build 700 miles of fencing. At $30 billion, the new security deal would cost far more than Cornyn proposed. But unlike his approach, it contains no firm ‘triggers’ tying success at curbing illegal immigration to eventual citizenship for 11 million people in the country illegally. The bipartisan ‘Gang of Eight’ embraced the new formula as a break-through. It yielded a fresh wave of GOP support for the broader immigration deal - dramatically boosting the chance of passage by the July 4 recess. Cornyn and other critics complained that without a trigger, the only guarantee is spending, not security.” The New York Times noted that the amendment was considered a “poison pill” because it was “logistically hard to achieve and could indefinitely delay citizenship for those covered by the measure.” The motion to table the bill was agreed to by a vote of 54-43 (D 48-2; R 4-41; I 2-0). [Vote 159, 6/20/13; Dallas Morning News, 6/21/13; New York Times, 6/21/13] XXXX Voted To Delay Enacting Immigration Reform Until Congress Certifies That The Border Is Secure. In June 2013, XXXX voted in favor of Lee, R-Utah, amendment no. 1208 that would require congressional approval of the Homeland Security Department's border security and fencing strategies within 30 days of receiving the department's report. The amendment was rejected by a vote of 39-59 (D 1-51; R 38-6; I 0-2). According to the Washington Times, “Senators said Wednesday they don't want to be involved in certifying whether the border is secure, saying that putting that question before a political body could keep illegal immigrants from being legalized. The Senate voted 59-39 to defeat an amendment by Sen. Mike Lee, Utah Republican, that would have required the Senate to certify the border is secure before the pathway to citizenship could commence for illegal immigrants.” [Vote 156, 6/19/13 Washington Times, 6/20/13] 217

XXXX Voted To Cap Compensation For Federal Border Security Contractors At The Highest Federal Salary. In June 2013, XXXX voted for Manchin, D-W.Va., amendment no. 1268 that would cap federal border security contractors' compensation at the highest federal salary, except for those under contract with the Homeland Security Department or the National Guard. The amendment was adopted by a vote of 72-26 (D 49-3; R 21-23; I 2- 0) [Vote 155, 6/19/13] XXXX Voted In Favor Of Paul Amendment To Comprehensive Immigration Reform That Would Have Required Congress To Verify Border Was Secure, Border Fence To Be Completed Within Five Years And Protection Against National ID Card System. In June 2013, XXXX voted against the Reid, D-Nev., motion to table (kill) the Paul, R-Ky., amendment no. 1200 that would establish criteria for the Homeland Security Department to secure the southern border and require Congress to annually approve for five years the department's progress before illegal immigrants can be granted provisional legal status. The motion was agreed to by a vote of 61-37 (D 52-0; R 7-37; I 2-0). According to The Hill, “The Senate rejected an amendment to the immigration reform bill that would have required Congress to vote on whether border security measures were being enforced before immigrants were granted legal status… GOP members of the Gang of Eight — Sens. John McCain (Ariz), Lindsey Graham (S.C.), Jeff Flake (Ariz.) and Marco Rubio (Fla.) — voted against Paul's amendment, along with Republican Sens. Lisa Murkowski (Alaska), Susan Collins (Maine) and Bob Corker (Tenn.). Paul’s ‘Trust but Verify’ amendment would have made immigration reform conditional on Congress voting on whether the border is secure, required completion of a border fence in five years and included a protection against the federal government establishing a national identification card system for citizens.” [Vote 154, 6/19/13; The Hill, 6/19/13] XXXX Voted To Implement Biometric Entry-Exit Monitoring System Before Immigration Reform Provisions Were Enacted. In June 2013, XXXX voted in favor of Vitter, R-La., amendment no. 1228 that would require implementation of a biometric entry-exit monitoring system before illegal immigrants can be granted provisional legal status. It would prevent such individuals from receiving permanent resident status until the Homeland Security Department certifies the system is functioning and Congress approves that determination. The amendment was rejected by a vote of 36-58 (D 1-49; R 35-7; I 0-2). [Vote 152, 6/18/13] XXXX Voted To Require 350 Miles Of Double-Layered Fencing To Be Completed Along Southern Border Before Immigration Reform Provisions Were Enacted. In June 2013, XXXX voted in favor of Thune, R-S.D., amendment no. 1197 that would require 350 miles of double-layered fencing along the southern border be completed before the Homeland Security Department can begin processing applications for provisional legal status from illegal immigrants. It would require 700 miles of fencing be completed before such individuals can receive permanent resident status. The amendment was rejected by a vote of 39-54 (D 2-47; R 37-5; I 0-2). [Vote 151, 6/18/13] XXXX Voted To Require Homeland Security Department To Maintain Control Of Border For At Least Six Months Before Immigration Reform Provisions Were Enacted. In June 2013, XXXX voted against a Reid, D- Nev., motion to table (kill) the Grassley, R-Iowa, amendment no. 1195 that would require the Homeland Security Department to maintain effective control of the southern border for at least six months before it can offer provisional legal status to illegal immigrants currently living in the country. The motion was agreed to by a vote of 57-43 (D 50-2; R 5-41; I 2-0). [Vote 148, 6/13/13] XXXX Was One Of 15 Senators Who Voted To Filibuster Debate On Bipartisan Comprehensive Immigration Reform. In June 2013, XXXX voted against a Motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would overhaul U.S. immigration policies and offer a path to citizenship for most illegal immigrants in the country and institute new border security measures. The motion was agreed to by a vote of 84-15 (D 52-0; R 30-15; I 2-0). [Vote 146, 6/11/13] XXXX Voted To Deny Healthcare Benefits Immigrants Who Gain Legal Status. In March 2013, XXXX voted in favor of Sessions, R-Ala., amendment no. 614 that would create a deficit-reduction reserve fund to allow for legislation that would prohibit illegal immigrants who later receive legal status from qualifying for Medicaid or exchange subsidies under the 2010 health care law, as long as the legislation's costs are offset without raising new revenue. The amendment was rejected by a vote of 43-56 (D 0-52; R 43-2; I 0-2). [Vote 77, 3/23/13] 218

XXXX Voted To Prohibit Funds In Unemployment Extension Be Used For Federal Action Against Arizona Immigration Laws. In July 2010, XXXX voted for a DeMint, R-S.C., motion to suspend Rule 22 to permit the consideration of a DeMint motion to commit the bill to the Judiciary Committee with instructions that it be reported back with language that would provide that no funds may be used for any federal legal action to invalidate certain Arizona state immigration laws. [Vote 214, 7/21/10] 2007 Immigration Bill XXXX Voted Against Debating Immigration Issue. XXXX voted against debating the Comprehensive Immigration Reform Act of 2007. [Vote 173, 5/21/07] XXXX Voted To Kill Immigration Reform. On June 7, 2007 XXXX voted to kill the 2007 comprehensive immigration reform bill, which aimed to overhaul immigration policy while implementing tougher border security measures. It would have allocated some green cards on a merit-based system based on certain criteria. It also would have mandated that half of the green cards be allocated based on family relations. It created a temporary guest worker program that allowed workers to remain in the United States for up to six years, provided that they returned to their home country for a year after every two years they remained in the United States. [Vote 203, 6/7/07] XXXX Voted Against Debating Immigration Issue For Second Time. On June 26, 2007 XXXX voted against debating immigration reform for a second time. XXXX voted against the motion to proceed to debate on the issue. [Vote 228, 6/26/07] XXXX Voted Against Final Chance to Pass Immigration Reform. On June 28, 2007, XXXX voted against invoking cloture on the bipartisan comprehensive immigration reform bill. [Vote 235, 6/28/07]  XXXX Voted to Preserve Temporary Worker Plan. XXXX voted against an amendment offered by Byron Dorgan to remove a guest-worker program from the Comprehensive Immigration Reform Act of 2007. The vote preserved a plan to allow workers to stay for up to three, two-year stints, provided that they leave the US for one year between each stay. The amendment was rejected by a vote of 64-31. [AP, 5/23/07; Vote 174, 5/22/07]  XXXX Voted To Deny Path to Citizenship for Illegal Aliens. XXXX voted for an amendment introduced by David Vitter that would have denied illegal immigrants who were previously in the United States a path to citizenship. The amendment was rejected by the Senate 66-29. [AP, 5/25/07; Vote 180, 5/24/07]  XXXX Voted To Force Local Law Enforcement to Report Illegal Immigrants. XXXX voted in favor of an amendment that would have allowed local law enforcement officers to question individuals about their immigration status if there was probable cause to believe the individual lacked legal status. The amendment was proposed to counter local laws in many major cities that prevent law enforcement officials from contacting ICE to report illegal immigrants. Opponents of the amendment claimed that it would have drastically increased the amount of unreported crimes in immigrant communities, giving people no legal redress for their problems. [Vote 177, 5/24/07; Los Angeles Times, 5/25/07; Investors Business Day, 6/6/07] 2006 Immigration Bill XXXX Opposed 2006 Senate Immigration Bill. In May 2006, XXXX voted against the bipartisan comprehensive immigration reform bill in the Senate. The bill would have strengthened border security, established a guest-worker program, and provided the means for millions of illegal immigrants to stay in the country and possibly become citizens. Opponents labeled the bill as “amnesty.” [Vote 157, 5/25/06; Vote 144, 5/24/06; Washington Post, 5/26/06] 219

 XXXX Voted Against 2006 Immigration Bill. XXXX voted against the Comprehensive Immigration Reform Act of 2006. [Vote 157, 5/25/06]  XXXX Voted to Prevent Immigrants from Getting EITC. In 2006, XXXX voted for a Republican amendment to the Senate immigration bill that “would prohibit illegal immigrants who apply for status adjustment under the bill from collecting any tax refunds or filing any claims for the Earned Income Tax Credit or other tax benefits for tax years prior to 2006.” So any immigrant that gained legal status through the Senate bill would not be able to claim the credit for the years they were here illegally. [Vote 155, 5/25/06; CQ, 5/25/06; Las Vegas Review-Journal, 5/26/06]  XXXX Voted to Bar Illegal Immigrants from Claiming EITC. In 2006, XXXX voted for an amendment to the Senate immigration bill that would prohibit illegal immigrants from claiming the Earned Income Tax Credit until they receive citizenship. Sen. Jeff Sessions, who sponsored the amendment, argued, “Because when the people that are here illegally, most of them -- 60 percent, perhaps -- are not high school graduates. They’re going to qualify for the earned income tax credit. I tried to get that stopped until they become a citizen, and it would have saved $40 billion. We lost that vote.” [Vote 154, 5/25/06; CQ, 5/25/06; Fox News, “The Big Story With John Gibson,” 5/25/06] DREAM ACT XXXX Voted Against the DREAM Act to Grant Citizenship for Children of Illegal Immigrants Who Attend College or Join the Military. In December 2010, XXXX voted against even debating the DREAM Act, a bill which would provide a path to citizenship for illegal immigrants brought to the country as children if they attend college or join the military for two years. They would have been in the United States continuously for more than five years, been younger than 16 when they entered the country. The individual would have to pay a $525 application surcharge and a subsequent fee and could be eligible to apply for legal permanent status after 10 years. The motion to invoke cloture was rejected 55-41. [Politico, 12/18/10; HR 5281, Vote 278, 12/18/10] XXXX Voted To Block DREAM Act. In October 2007, XXXX voted against a cloture motion that would have allowed a final vote on the DREAM Act, legislation that would have allowed children of illegal immigrants who entered the United States before age 16 and who lived here at least five years to gain conditional legal status and eventual citizenship if they attended college or joined the military for at least two years. [Vote 394, 10/24/07] BORDER FUNDING AND BORDER FENCE XXXX Voted To Require 350 Miles Of Double-Layered Fencing To Be Completed Along Southern Border Before Immigration Reform Provisions Were Enacted. In June 2013, XXXX voted in favor of Thune, R-S.D., amendment no. 1197 that would require 350 miles of double-layered fencing along the southern border be completed before the Homeland Security Department can begin processing applications for provisional legal status from illegal immigrants. It would require 700 miles of fencing be completed before such individuals can receive permanent resident status. The amendment was rejected by a vote of 39-54 (D 2-47; R 37-5; I 0-2). [Vote 151, 6/18/13] XXXX Voted To Build a Fence Along Mexican Border. On September 29, 2006, XXXX voted for a bill that would allow for the construction of a fence along the Mexican border. The bill passed 80-19, with 1 Republican and 18 Democrats voting for it. [Roll Call Vote 262, HR 6061, September 29, 2006] MISCELLANEOUS XXXX Voted Against Exempting Returning Seasonal Workers From Visa Caps. In 2005, XXXX voted against an amendment that would exempt returning seasonal workers from the national H-2B visa cap of $66,000 if they have already successfully participated in the program. [Vote 101, 4/19/05] 220

XXXX Opposed Granting Temporary Resident Status. In 2005, XXXX opposed an amendment to grant certain agricultural workers who are in the country illegally temporary resident status and put them on the path toward permanent resident status if they met specified employment and residency requirements. [Vote 98, 4/19/05] XXXX Voted Against Creating “Blue Card” Program. In 2005, XXXX voted against an amendment that would have created a “blue card” program to grant foreign workers temporary legal status if an employer could show they unsuccessfully tried to recruit and hire U.S. workers. [Vote 97, 4/19/05] XXXX Voted to Privatize Immigration Services. In 2004, XXXX voted for an amendment that would prohibit the use of funds to privatize or contract out services provided by the Bureau of Citizenship and Immigration Services, unless the Homeland Security secretary submits a report to Congress within 60 days of the contract award that includes a strategy for mitigating potential adverse effects on federal employees. The underlying amendment would prohibit the use of funds to privatize or contract out services provided by the Bureau of Citizenship and Immigration Services. [Vote 167, 9/8/04] XXXX Opposed Funding for Immigration Security Measures. In 2004, XXXX voted against increasing funding for immigration security measures by $350 million, including $200 million for biometric technologies. [Vote 182, 9/14/04] XXXX Voted To Expanded Powerful Surveillance Law, To Allow Wiretapping Of “Lone Foreigners.” In 2003, XXXX voted to expand a “powerful surveillance law,” used in terrorism investigations, to “allow U.S. agents to wiretap lone foreigners who can't be linked to a terror organization or government.” Prior to the measure, U.S. law enforcement officers could get warrants authorizing intelligence-gathering wiretaps from a secret court, but only if they could establish a reasonable belief the target was an “agent of a foreign power” or group. The bill, which passed 90 to 4, would amend the 1978 Foreign Intelligence Surveillance Act to remove that requirement. Proponents described the bill as the “Moussaoui fix” because investigators in the weeks preceding the Sept. 11 attacks were unable to establish any connection between al-Qaida and Zacarias Moussaoui, the lone defendant charged as a conspirator with the 19 hijackers. The bill also included a compromise provision by Sen. Russell Feingold, D-Wis., requiring that the Justice Department report to lawmakers how often that "lone wolf" provision is employed. [S 113, Vote 146, 5/8/03; Associated Press, 5/8/03] XXXX Voted Against Greater Judicial Oversight Over Surveillance Warrants Against “Lone Wolf” Foreigners. In 2003, XXXX voted against an amendment that would have given federal judges more discretion when to approve surveillance warrants against foreigners suspected of terrorist activity while acting on their own. Sen. Feinstein said the “Moussaoui fix” bill sought by Senators Schumer and Kyl went too far because it would give federal prosecutors too powerful a tool with far less judicial oversight than traditional criminal wiretap laws. [S 113, Vote 145, 5/8/03; Associated Press, 5/8/03] XXXX Voted For Final Passage Of A Bill To Tighten Border Security And Immigration Laws. In 2002, XXXX voted a bill that would strengthen border security and immigration laws in order to increase the United States' ability to identify and prevent the entry of terrorists into the United States. It included increased authorizations for border and consular security, and provisions to increase coordination and intelligence-sharing between federal agencies. It also called for electronic versions of visa files of aliens to be made available to immigration inspectors at United States ports prior to the aliens' arrival. [HR 3525, Vote 75, 4/18/02] XXXX Voted To Place Tighter Requirements On The Visa Waiver Program. In 2002, XXXX voted for an amendment that would require the Attorney General to review every 2 years each country that participates in the Visa Waiver Program in order to ensure that it meets the program's requirements. Also, the amendment would require every such country to certify that it reports to the United States on a timely basis the theft of blank passports, and it would require the Attorney General to terminate a country's eligibility for the program if he found that it did not provide such timely notification. The amendment was agreed to, 97-0. [HR 3525, Vote 74, 4/18/02] 221

XXXX Voted to Require More Interagency Communication On Foreign Students. In 2002, XXXX voted for an amendment that would amend the record-keeping and reporting requirements in this bill for educational institutions that have enrolled students who have entered this country under student visas, requiring closer coordination and communication between the INS, the Departments of State and Education. The amendment was agreed to, 97-0. [HR 3525, Vote 73, 4/18/02] XXXX Opposed Offering Amnesty to Illegal Aliens Who Have Been In America Since 1986. In 2000, XXXX voted not to provide amnesty for illegal aliens who have been in this country since 1986 and equalize treatment of immigrants from Central America and the Caribbean. It would also allow holders of expired visas to apply for legal residency without returning to their home countries. [Vote 257, 9/27/00; Washington Post, 9/28/00] XXXX Opposed Considering a Measure Allowing Disabled Children of Legal Immigrants to Receive Medicaid Benefits. In 1997, XXXX voted against considering an amendment that would have retained eligibility for the 30,000 disabled children of legal immigrants who received Medicaid benefits based on their receipt of Supplemental Security Income (SSI) welfare benefits (the welfare reform bill denied those benefits and other welfare benefits to legal immigrants). [Vote 118, 6/25/97] XXXX Supported Increasing Visas for Skilled Workers. In 2000, XXXX voted in favor of increasing the number of visas for skilled workers by invoking cloture on the American Competitiveness in the Twenty-First Century Act. [Vote 252, 9/19/00] XXXX Supported Increasing Visas For Skilled Workers. In 2000, XXXX voted to increase temporary work (H- 1B) visas for skilled workers. The bill would raise the number of six-year visas for immigrants with high-tech skills from 115,000 to 195,000. [Vote 256, 9/26/00; Herald-Sun, 9/28/00] XXXX Voted In Favor of Increasing Visas For Skilled Workers. In 2000, XXXX voted in favor of increasing temporary work (H-1B) visas for skilled workers. The bill would raise the number of six-year visas for immigrants with high-tech skills from 115,000 to 195,000. [Vote 258, 9/27/00; Herald-Sun, 9/28/00] XXXX Supported Increasing Visas For Skilled Workers. In 2000, XXXX voted in support of increasing for 3 years the number of temporary work (H-1B) visas granted each year for skilled workers. It also made employment- based immigrant visas available on a quarterly basis without regard to per-country limitations if unused visas are available, and provided extensions for H-1B stays for 1 year in cases of permanent residence adjudications lasting 365 days or longer. [Vote 260, 9/28/00] XXXX Voted To Increase Visas for Skilled Workers. In 2000, XXXX voted to increase the number of skilled workers in the United States, particularly in high technology fields, by increasing for 3 years the number of temporary work (H-1B) visas the United States granted each year for such workers and increased high-technology educational assistance for Americans. XXXX voted for Senate passage of a bill that increased H1-B visas from 115,000 in fiscal 2000, to 195,000 annually for fiscal 2001-2003. It also excluded from the cap foreign workers who sign up to work for government or nonprofit research organizations and those who recently obtained a master's degree or higher at a U.S. college or university. [Vote 262, 10/3/00] 222

JOBS AND LABOR HIGHLIGHTS  XXXX repeatedly voted against economic stimulus efforts including his vote to block the JOBS Act, his vote against the American Recovery and Reinvestment Act, and his vote against Cash for Clunkers.  After repeatedly opposing an increase in the federal minimum wage, XXXX voted for the 2007 bipartisan bill to increase the federal minimum wage to $7.25 per hour over two years and provided $8.3 billion in small business tax incentives.  THE XXXX RECORD ECONOMIC STIMULUS XXXX Voted To Block JOBS Act. In March 2012, XXXX voted against a Reid, D-Nev., motion to invoke cloture (thus limiting debate) on the Reed, D-R.I., substitute amendment no. 1833 that would ease certain Securities and Exchange Commission regulations for small businesses. It would exempt certain companies with less than $350 million in revenues from some federal audit requirements. The motion was rejected by a vote of 54-45. According to the New York Times, “A decade after the dot-com bubble popped and Enron became synonymous with spectacular fraud, Congress is on the verge of scrapping numerous safeguards against investment fraud and allowing some small companies to sell stock to the public with minimal disclosure or oversight. The bill, which intends to make it easier for emerging companies to raise money and court investors, is scheduled for several procedural votes in the Senate on Tuesday and could come to a final vote as early as this week. A Senate amendment that differs substantially from a bipartisan version passed overwhelmingly by the House two weeks ago, faces a difficult hurdle. The amendment must get 60 votes on Tuesday to revise the House bill, and it is unclear that Democrats will be able to attract enough Republican votes. The JOBS Act, whose acronym stands for Jump-start Our Business Start-ups, has attracted widespread support on Capitol Hill and from the White House for its promise of attracting small-business investment and allowing businesses to hire workers. That it would give legislators something positive to take home to constituents during election season is a bonus.” [Vote 51, 3/20/12; New York Times, 3/20/12] XXXX Voted Against a Bipartisan $15 Billion Jobs Package of Tax Breaks. In February 2010, XXXX voted against a bipartisan $15 billion package of tax breaks and spending aimed at fostering job creation. The bill would give payroll tax relief for businesses that hire unemployed workers. It also would extend the Highway Trust Fund, the “Build America” bond program and expense deductions for small businesses. The motion to concur with the House amendment passed 70-28. [CQ Today, 2/24/10; Vote 25, 2/24/10] XXXX Voted Against Cloture on the Jobs Bill. In February 2010, XXXX voted against invoking cloture and limit debate on $15 billion jobs bill. Only five Republicans broke ranks to support the legislation. [Vote 23, 2/22/10] XXXX Voted Against a Stimulus Package That Spent Billions Cutting Taxes and on Public Works Projects. In February 2009, XXXX voted against a $787.2 billion in fast-acting tax cuts and longer-term government spending on public works projects, education, health care, energy and technology. According to an analysis by the Congressional Budget Office, more than 74 percent of the money will be spent within the next 18 months. It would also include provisions to prevent the alternative minimum tax from applying to millions of additional taxpayers in 2009 and to increase the ceiling on federal borrowing by $789 billion to $12.104 trillion. The tax provisions, estimated to cost $211.8 billion through 2019, would include extending current accelerated depreciation allowances for businesses, suspending taxes on the first $2,400 of unemployment benefits per recipient for 2009, and 223

expanding a number of other individual tax credits, including the first-time homebuyer tax credit to $8,000. Mandatory spending increases, expected to cost $267 billion through 2019, include an extension of unemployment and welfare benefits, Medicaid payments to states, health insurance assistance for individuals and grants for health information technology. Discretionary spending, estimated at $308.3 billion through 2019 and include grants to state and local schools and funds for public housing, transportation and nutrition assistance. The bill passed 60-38. [New York Times, 2/13/09; Vote 64, 2/13/09]  Stimulus Package Contained Most Significant Expansion of Middle Class Tax Cuts Ever. Of the total package, 36 percent ($288 billion) of the package is dedicated to tax cuts that will put money in the hands of families and businesses to spread throughout the economy, while 64 percent ($499 billion) is targeted to job- creating investments. Under the bill, 129 million working households will receive a tax cut—about 95% of all working households. The legislation includes the most significant expansion in tax cuts for low- and moderate- income households ever. [AP, 2/12/09; Office of Speaker Nancy Pelosi Fact Sheet, 2/20/09; Washington Post, 2/18/09]  XXXX Voted Against the Senate Version of the Economic Stimulus Bill. In February 2009, XXXX voted against the Senate’s $838 billion economic stimulus bill, a massive tax cut and spending package. The measure includes nearly $300 billion in tax cuts and hundreds of billions in aid to states, incentives for renewable energy, extended unemployment benefits, expanded food stamp benefits, health insurance subsidies and spending on infrastructure. The bill passed 61-37. [CQ Today, 2/11/09; Vote 61, 2/10/09] XXXX Voted Against Giving “Cash for Clunkers” a $2 Billion Boost. In August 2009, XXXX voted against a $2 billion boost for the popular “cash for clunkers” auto trade-in program. The program offered rebates of up to $4,500 to consumers who trade in old gas guzzlers for more fuel-efficient vehicles. It promoted a huge surge in customer traffic through dealer showrooms and an increase in auto sales in July, even though it was in effect only a few days in that month. The legislation will transfer $2 billion in funds from the economic stimulus law enacted earlier in the year to replenish the depleted auto trade-in program. The money would come from Title 17 renewable energy loan guarantees, which have been slow to be allocated and which Congress will work to replenish later. The bill passed 60-37. [CQ Today, 8/07/09; Vote 270, 8/06/09] XXXX Voted for Bipartisan Stimulus Plan to Provide Checks for Individuals and Investment Incentives for Businesses. In February 2008, XXXX voted for bipartisan legislation to jump-start the economy by putting checks in Americans’ pockets and providing investment incentives for businesses. The bill 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 also would begin phasing out the benefit for individuals with adjusted gross incomes above $75,000 and married couples with incomes above $150,000. It would provide businesses with a 50 percent depreciation for certain equipment purchased in 2008 and increase to $250,000 the amount small businesses can expense in the year items are purchased. It would raise the size of mortgage loans the Federal Housing Administration could insure and Fannie Mae and Freddie Mac could purchase. As amended, the bill 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. [Vote 10, 2/07/08] MINIMUM WAGE XXXX Finally Backed Minimum Wage Increase In 2007. In 2007, XXXX voted for bipartisan legislation that raised the minimum wage to $7.25 per hour over two years and provided $8.3 billion in small business tax incentives. The bill passed 94-3. [Vote 42, 2/1/07] XXXX Voted for Irresponsible Package That Included Estate Tax Cut for Wealthiest Americans. In 2006, XXXX voted for the so-called “trifecta” bill which would raise the minimum wage, extend popular expiring tax cuts and permanently cut the estate tax to exempt $5 million of an individual’s estate and tax $25 million estates at a 15% rate. The estate tax measure would cost $268 billion over ten years. “This trifecta is a high-stakes gamble with America's future,” said Sen. Dick Durbin. “This bill will add almost $1 trillion to the debt,” Sen. Harry Reid 224

said. “Eighty-one hundred of the wealthiest families hit the jackpot while working Americans pay the debt.” [Vote 229, 8/3/06; New York Times, 8/4/06; San Francisco Chronicle, 8/4/06; AP, 8/5/06]  XXXX Backed “Trifecta” Bill Cut Salaries For Minimum Wage Earners in Some States. The “trifecta” bill XXXX supported would have counted employee tips against minimum wage hikes in a seven states – California, Washington, Oregon, Nevada, Alaska, Montana and Minnesota – which would actually cut salaries for these workers. ''Cutting the salaries of Washington tip workers by more than $5 an hour is horrible,'' said Sen. Maria Cantwell, who called the legislation ''a cynical ploy on the part of the Republican leadership in an election year.''' [Vote 229, 8/3/06; San Francisco Chronicle, 8/4/06; San Francisco Chronicle, 8/4/06] XXXX Voted Against Raising the Minimum Wage. In June 2006, XXXX voted against an amendment introduced by Senator Ted Kennedy to raise the federal minimum wage from $5.15 per hour to $7.25 per hour. [AP, 6/23/06; Vote 179, 6/21/06] XXXX Voted Against a REAL Minimum Wage Increase. In 2005, XXXX voted against an amendment that would raise the minimum wage from $5.15 an hour to $7.25 an hour over 26 months. [Vote 26, 3/7/05]  XXXX Voted For Sham GOP Effort to Raise the Minimum Wage. In 2005, XXXX voted for a Republican amendment that would raise the minimum wage from $5.15 to $6.25 over 18 months in two 55- cent increments. This bill would actually reduce wages for low-income workers by replacing a 40 hour work week with an 80 hour two week accounting period. Under current law, a worker who worked 50 hours in one week and 30 in the next gets 10 hours of overtime pay. Under the amendment the same worker would receive no overtime pay. [Vote 27, 3/7/05; Washington Times, 3/8/05] XXXX Again Voted Against a Real Minimum Wage Increase. In October 2005, XXXX voted against an amendment that would raise the minimum wage from $5.15 an hour to 6.25 an hour over one year. [Vote 257, 10/19/05]  XXXX Voted For Sham Minimum Wage Increase. In an October 2005, procedural vote XXXX voted for a sham minimum wage increase that would have raised the minimum wage to $5.70 six months after enactment and to $6.25 eighteen months after enactment. The bill also contained provisions favorable to business including exempting businesses with gross annual sales of under $1 million; permitting private- sector workers to participate in bi-weekly flex-hour programs; excluding tips from the minimum wage rates paid to restaurant workers; and providing tax benefits for small business owners. [Vote 258, 10/19/05; AP, 10/20/05] XXXX Voted For A Republican Bill To Increase Minimum Wage By $1 Over 2 Years. In 2000, XXXX voted for a Republican measure to increase the minimum wage, to improve Federal health care benefits, to permit controlled substances to be used for pain management but not assisted suicide or euthanasia, and to reauthorize the Small Business Act (H.R. 2614). The bill would increase the minimum wage by $1 over 2 years (it will be $6.25 per hour as of January 1, 2002). The motion to proceed was agreed to, 55-40. [Vote 286, 10/26/00] XXXX Voted Against Increasing The Minimum Wage By $1 Over 1 Year. In 2000, XXXX voted against an amendment that would express the sense of the Senate that the functional totals in the resolution assume that Congress should increase the minimum wage by $1 over 1 year, with a 50-cent increase effective May 2, 2000 and another 50- cent increase effective on May 2, 2001. The amendment was agreed to, 51-48. [Vote 76, 4/7/00] XXXX Voted for A Republican Amendment To Increase The Minimum Wage. In 2000, XXXX voted for an amendment that would strike all after the first word of the amendment and would insert that it is the sense of the Senate that the functional totals in the resolution assume that the minimum wage should be increased as provided for in the Domenici amendment to the Bankruptcy Reform Bill. The amendment was agreed to, 51-49. [Vote 75, 4/7/00] 225

XXXX Voted For A Miniscule Minimum Wage Increase. In 1999, XXXX voted for the Domenici amendment to S.625, which was an amendment to increase the minimum wage by $1.00 over three years. This was a vote to prevent a larger increase in the minimum wage. [Vote 357, 11/9/99] XXXX Voted Against Minimum Wage Increase. In 1999, XXXX voted against targeted tax cuts and a minimum wage increase. [Vote 356, 11/9/99] XXXX Voted Against Minimum Wage Increase. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Kennedy amendment to S.1429, which was an amendment to increase the minimum wage to $6.15 per hour. [Vote 239, 7/30/99] XXXX Voted Against Minimum Wage Increase. In 1999, XXXX voted to kill the Kennedy amendment to S.96, which was an amendment to commit the bill to the Senate Health, Education, Labor and Pensions Committee with instructions to report it back with an amendment to increase the minimum wage by $1.00 over two years. [Vote 94, 4/28/99] XXXX Voted Against Minimum Wage Increase. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Kennedy amendment to S.Con.Res.20, which was an amendment to express the sense of the Senate that the minimum wage should be increased by $1.00 over two years. [Vote 77, 3/25/99] XXXX Voted Against Increase Minimum Wage By $1.00. In 1998, XXXX voted to kill the Kennedy amendment to S.1301, which was an amendment to increase the minimum wage by $1.00 over two years. [Vote 278, 9/22/98] OUTSOURCING XXXX Did Not Vote on Bill To Give Tax Credits To Companies That Bring Jobs Back to United States. In 2014, XXXX did not vote on the motion to invoke cloture (thus limiting debate) on the bill that would give businesses a tax credit for up to 20 percent of the expenses incurred to bring work done in foreign countries back into the United States, if the business also increases its number of full-time employees. It also would prohibit tax deductions for expenses incurred when moving jobs outside the U.S. The motion was rejected by a vote of 54-42. [Vote 249, 7/30/14]  Republicans Blocked Bill To Provide Incentives To Companies That Bring Jobs Back to United States, Including Tax Deductions For Relocating Costs. As reported by The Hill, “Senate Republicans blocked a bill that would end tax breaks for companies that send jobs overseas. On Wednesday, the Senate voted 54-42 to end debate on S. 2569, the Bring Jobs Home Act — 60 votes were needed to advance the measure. Sens. John Walsh (D-Mont.) and Debbie Stabenow (D-Mich.) introduced the bill, which would give companies incentives to bring jobs back to the United States, including a tax write-off for the relocating costs and an additional 20 percent credit. Currently, U.S. companies can deduct from their corporate taxes some expenses of moving facilities overseas. Democrats said 2.4 million jobs have been outsourced in the past 10 years.” [The Hill, 7/30/14]  HEADLINE – Senate Republicans Block Bill to End Tax Breaks for Outsourcing. [The Hill, 7/30/14] XXXX Blocked A Bill To Provide Incentives To Businesses Hiring American Workers For Jobs Performed Overseas. In September 2010, XXXX voted for a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would provide U.S. companies a two-year reduction in their share of Social Security payroll taxes for new employees hired to replace workers performing similar duties overseas. It would be offset by repealing various tax breaks for companies that close plants in the United States and move operations overseas. [Vote 242, 9/28/10] 226

XXXX Blocked $26.1 Billion In Medicaid And Education Funding For States That Was Paid For By Closing Foreign Tax Loopholes. In August 2010, XXXX voted against a Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. The cost of the programs would be offset by changing foreign tax provisions, ending increased food stamp benefits beginning in April 2014 and rescinding previously enacted spending. [Vote 228, 8/5/10]  XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States. In August 2010, XXXX voted against a Murray, D-Wash., motion to waive the Budget Act and budget resolutions with respect to the Gregg, R-N.H., point of order against the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 225, 8/4/10]  XXXX Voted Against $26.1 Billion In Medicaid and Education Funding For States. In August 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 224, 8/4/10] XXXX Voted to Keep Tax Incentives for Offshore Companies. In 2005, XXXX voted against an amendment that would repeal tax incentives for domestic companies that move their manufacturing plants to offshore locations and use the resulting revenue to reduce the federal deficit and debt by $3.2 billion from 2006 to 2010. [Vote 63, 3/17/05] XXXX Voted Against Prohibiting Federal Tax Dollars From Being Used on Foreign Companies. In 2004, XXXX voted against an amendment to prohibit a federal government contract, including state contracts with any federal funding, from being performed outside the United States. “You may be able to do that with your own money,” argued sponsor Chris Dodd “The question is, should you be able to do that with the taxpayers’ money?” [Vote 32, 3/4/04; Washington Post, 3/5/04]  “The provision as rewritten would impose a federal contract ban only if the Commerce Department certifies that no American jobs would be lost or economic harm would result from it. The legislation also includes a broad national security exemption for projects handled by the departments of Defense, Energy and Homeland Security, and by the intelligence agencies. Also, some 27 nations, including members of the European Union and Japan, would still be able to win U.S. federal contracts.” [CQ Today, 3/3/04] XXXX Voted in Favor of Shipping American Jobs Overseas. In 2004, XXXX voted against prohibiting American tax dollars from being used to ship jobs outside the country. The amendment XXXX voted against would have: limited the ability of civilian agencies to award contracts to companies that would use offshore workers, prohibited the privatization of jobs when contractors would take the work overseas, and require states to certify that they will not use federal funds for services performed outside the United States, eliminated tax advantages for companies that move factories overseas to make goods that are shipped back to the U.S. market, and prohibited companies from deferring taxes on income earned from these “runaway” manufacturing plants. [Vote 41, 3/11/04]  This was an amendment “that would have raised taxes on U.S. companies that use overseas plants as a platform to export into the United States.” [National Journal’s CongressDaily, 05/06/04]  It would have repealed a “tax subsidy called deferral…for those U.S. companies that move their operation to a foreign subsidiary, produce the same product, and ship the product back into this country.” According to estimates by the non-partisan Joint Committee on Taxation, “…this deferral benefit for companies that move overseas to produce the same product and ship it back into our marketplace in the U.S. is over $6 billion in 10 years.” As Senator Byron Dorgan said, “it is unfair to U.S. domestic companies to compete 227

against another company that decides to send its production overseas, get rid of its American workers, and then end up competing against its former competitors that stayed in this country, but compete in a way that provides this company that left this tremendous advantage because they now pay lower taxes. They got a tax incentive for leaving.” [Byron Dorgan, Floor Statement, 05/05/04]  In debate over Dorgan’s proposal, Democrats said an existing law allowing deferral of taxes that U.S. companies pay on products they make abroad and sell in the United States encourages exportation of jobs and stacks the deck against companies that do not ship jobs overseas. Republicans said the proposal would cost jobs by making U.S. companies less competitive in world trade.” [Washington Post, 05/06/04] XXXX Voted to Keep Tax Breaks that Export Jobs Overseas. In 2004, XXXX voted against an amendment that would have struck $39 billion in tax breaks on overseas income. The amendment would have provided for an immediate 9 percent tax deduction for domestic manufacturers. [Vote 90, 5/11/04] XXXX Voted to Allow Quotas In Federal Job Privatization. In 2003, XXXX voted for an amendment that would allow agencies to restrict the number of jobs outsourced in the federal government and permit the use of quotas if a study determined that using quotas would be more productive. The amendment would prohibit federal agencies from using quotas to determine how much work they outsource to the private sector. [Vote 25, 1/23/03] XXXX Voted to Establish Quotas For Amount Of Federal Work Privatized. In 2003, XXXX voted against a measure to prohibit federal agencies from using quotas to determine how much work they outsource to the private sector. The measure would restrict a Bush administration plan to have private contractors and government employees compete for federal jobs by barring the administration from setting targets or reserving quotas for the private sector. Sen. Mikulski said the bill would protect the Civil Service from "predators" and "bounty hunters." But Sen. Allen said the amendment would limit the ability of high-tech and other businesses to win federal work. [Vote 26, 1/23/03; Washington Post, 1/24/03] XXXX Voted to End the Defense Department’s ‘Buy American’ Requirement. In 2003, XXXX voted for an amendment that would allow the Defense Department to forego a requirement to purchase American-made equipment if that equipment was manufactured by Australia, the United Kingdom, Norway, Sweden, The Netherlands or Spain. The original bill would strike a provision of the bill allowing the Defense Department to forego a requirement to purchase American-made equipment if that equipment was manufactured by any nation with which the US has a reciprocal defense procurement memorandum of understanding or agreement. [Vote 191, 5/21/03] XXXX Voted Against Requiring Employers Seeing Foreign Workers Have Recruited In the U.S. In 1998, XXXX voted to kill the Kennedy amendment to S.1723, which was an amendment to require employers seeking to sponsor foreign workers to attest to having first launched a significant “good faith” recruitment effort to hire U.S. workers. [Vote 139, 5/18/98] XXXX Voted Against Prohibiting Employers From Hiring Foreign Workers for Jobs that Were Formerly Help By Americans. In 1998, XXXX voted to kill the Kennedy amendment to S.1723, which was an amendment to prohibit employers from sponsoring foreign workers if they had laid off U.S. workers with similar skills in the preceding six months. [Vote 138, 5/18/98] TRADE ADJUSTMENT ASSISTANCE/ PLANT CLOSINGS XXXX Opposed Extending TAA Eligibility to Service Workers Who Have Lost Their Jobs Because of Foreign Trade. In 2004, XXXX voted against extending Trade Adjustment Assistance eligibility to service workers, including government workers, who lost their jobs because of foreign trade since November 4, 2002. The amendment also lowered the age of eligibility for the wage insurance program by ten years to 40 years old, expanded TAA benefits to cover home mortgage loans and increased the health care tax credit from 65 percent to 75 percent. [Vote 80, 5/4/04] 228

 “The amendment would have added service workers, made it easier for workers who lose their jobs because of trade with India and China to qualify for the program, increased the health insurance tax credit, and lowered the age minimum or wage insurance from 50 to 40.” [AP , 05/04/04] XXXX Opposed a TPA Pilot Wage Insurance Program. In 2002, XXXX voted for an amendment that would strike the 2-year pilot program that would subsidize the wages of certain workers who lost their jobs because of trade competition and subsequently took lower-paying jobs. “The wage insurance plan would help workers forced by trade to take lower-paying jobs by providing half the difference in the wages of their old and new jobs. The workers, who must be at least 50, could receive up to $5,000 a year. Those who accept the subsidy would lose other trade related retraining and health benefits. The two-year program would be capped at $50 million.” [CQ Monitor News, 05/16/02; HR 3009, Vote 114, 5/16/02] JOB TRAINING XXXX Opposed $678 Million for the Workforce Investment Act. In 2003, XXXX voted against an amendment to provide $678 million for the Workforce Investment Act, which provides funds for job training programs. [Vote 24, 1/23/03] XXXX Voted Against Increasing Workforce Training By $678 Million. In 2003, XXXX voted against increasing workforce training by $678 million, and offset the spending with a decrease in tax cuts. The vote was on an amendment that would increase spending on provisions of the Workforce Investment Act by $678 million. [Vote 102, 3/25/03] XXXX Voted For $20 Billion In Aid to States; Included Funding for Job Training. In 2003, XXXX voted for an amendment that would authorize $10 billion a year for two years for states and localities, including $5 billion a year for grants for education or job training, health care or other social services, transportation or infrastructure, and law enforcement or public safety. The remaining $5 billion per year would be for a temporary increase in federal Medicaid assistance to states. [Vote 157, 5/15/03; Congressional Record, 5/15/03] XXXX Voted to Rewarding Businesses for Providing Information Technology Training. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Conrad amendment to S.1429, which was an amendment to provide businesses with a partial tax credit for information technology training. [Vote 244, 7/30/99] OVERTIME XXXX Voted to Cut Overtime for 8 Million Middle-Class Workers. XXXX voted for the final FY04 Omnibus Appropriations bill, which stripped an earlier provision that would have blocked the new overtime rules after President Bush threatened a veto. [Vote 3, 1/22/04; Pioneer Press, 1/23/04] XXXX Voted Against Overtime Pay Protection. In 2004, XXXX and his GOP colleagues voted to invoke cloture on a corporate tax bill, thereby blocking a vote on a Democratic proposal to cancel a Labor Department rule on overtime pay that would strip the right of overtime pay for 8 million workers. [Vote 60, 3/24/04; CBS MarketWatch, 3/24/04] XXXX Voted to Take Away Overtime Pay for Millions of Workers. In 2004, XXXX voted against an amendment to ensure that no job with current overtime protection would lose this protection under new Bush administration regulations. [Vote 79, 5/4/04; Gannett News Service, 05/04/04] XXXX Voted Against An Amendment to Bar Bush Administration From Limiting Workers’ Eligibility for Overtime Pay. In 2003, XXXX voted against an amendment that would “bar the Bush administration from issuing new overtime pay rules that Democrats and organized labor said would take money from the pockets of millions of workers.” The amendment would prohibit funds from being used to promulgate or implement any regulation that would take away eligibility for overtime for any worker. The White House had raised the possibility of a veto if 229

Congress tried to block the rules. The AFL-CIO said that the changes could eliminate overtime pay for at least 8 million workers. [Vote 334, 9/10/03; AP, 9/10/03; www.afl-cio.org; www.NEA.org] XXXX Voted Against Overtime Pay. In 1997, XXXX voted to invoke cloture on S.4, which was a bill to amend the Fair Labor Standards Act of 1938 to allow private-sector employees to choose compensatory time off or flexible credit hour programs instead of overtime pay. [Vote 93, 6/4/97] XXXX Voted Against Overtime Pay. In 1997, XXXX voted to invoke cloture on S.4, which was a bill to amend the Fair Labor Standards Act of 1938 to allow private-sector employees to choose compensatory time or flexible credit hour programs instead of overtime pay. [Vote 68, 5/15/97] UNEMPLOYMENT XXXX Voted Against Extending Unemployment Benefits And Making Benefits Retroactive. In July 2010, XXXX voted against a Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Reid substitute amendment no. 4425 that would extend eligibility for extended federal unemployment insurance until Nov. 30, 2010, applied retroactively to June 2. [Vote 215, 7/21/10] XXXX Voted Against Extending Unemployment Benefits And Making Benefits Retroactive. In July 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Reid substitute amendment no. 4425 that would extend eligibility for extended federal unemployment insurance until Nov. 30, applied retroactively to June 2. [Vote 209, 7/20/10] XXXX Did Not Vote On A Motion To Extend Unemployment Benefits And Extending Homebuyer Tax Credit. In June 2010, XXXX did not vote on a motion to invoke cloture (thus limiting debate) on the Reid, D- Nev., motion to concur in the House amendment to the Senate amendment with a further Reid substitute amendment no. 4425 that would extend eligibility for extended federal unemployment insurance and the deadline for consumers to benefit from the homebuyer tax credit program. [Vote 204, 6/30/10] XXXX Voted Against Extending Unemployment Benefits. In June 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Baucus substitute amendment no. 4386 that would extend several expired tax provisions, extend unemployment benefits and reverse a 21 percent payment cut to doctors under Medicare. Provisions other than the unemployment insurance extension would be offset. The offsets include provisions that would raise the per-barrel tax on oil to 49 cents. [Vote 200, 6/24/10] XXXX Did Not Vote On Extending Unemployment Benefits. In June 2010, XXXX did not vote on a motion to invoke cloture (thus limiting debate) on the Baucus, D-Mont., motion to concur in the House amendment to the Senate amendment with a further Baucus substitute amendment no. 4369 that would extend several expired tax provisions, extend unemployment benefits and prevent a 21 percent payment cut to doctors under Medicare. Changes to doctors' payments under Medicare would be offset. It also would raise the per-barrel excise tax on oil to 49 cents. [Vote 194, 6/17/10] XXXX Voted Against Increased Medicare Payments To Doctors, Flood Insurance, And Extending Unemployment Benefits. In April 2010, XXXX voted against passage of the bill that would extend for two months federal unemployment benefits, flood insurance programs, increased payment rates to Medicare providers and COBRA health care premium assistance. It would provide for payment to certain previously furloughed transportation workers. It also would extend for one month certain satellite TV laws and small business lending programs. [Vote 117, 4/15/10] XXXX Voted Against Small Business Lending Programs, Extending Unemployment Benefits. In April 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Baucus, D-Mont., substitute amendment no. 3721 that would extend for two months certain expired government programs, including 230

unemployment insurance benefits. It also would extend certain satellite TV laws and small business lending programs for one month. [Vote 116, 4/15/10] XXXX Voted Against Extending Unemployment Benefits. In April 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would provide short- term extensions for certain government programs, including unemployment insurance benefits. [Vote 109, 4/12/2010] XXXX Voted For Sham Unemployment Benefits Extension That Would Take Away Increased Medicare Payments To Select States And Redirect Stimulus Money. In March 2010, XXXX voted against the Reid, D- Nev., motion to table (kill) the McConnell, R-Ky., motion to proceed to the bill that would extend COBRA health care premium assistance, the Satellite Home Viewer Act, unemployment insurance, payment rates to Medicare providers for one month. It would repeal a provision of the 2010 health care overhaul law that would increase Medicare payment rates in "frontier states" and redirect $9.2 billion in unobligated stimulus funding to offset the extensions. [Vote 106, 3/25/10] XXXX Voted Against Extending Tax Breaks, Extending Unemployment Benefits, Etc. In March 2010, XXXX voted against a bill that would extend expired tax provisions including disaster relief, the research and development tax credit and energy tax credits for biodiesel and for construction of new energy-efficiency homes. It would extend long-term unemployment benefits and health insurance subsidies for jobless workers. The bill would be partially offset by repealing a provision to allow the cellulosic biofuels producer credit to be claimed by producers of certain paper products. It also would extend certain Small Business Administration lending programs and the national flood insurance program. It would extend certain Medicare provisions, including therapy cap exceptions, ambulance service reimbursement rates and authorization for certain Medicare Advantage plans. It also would extend the increase in federal medical assistance percentage (FMAP) for state Medicaid programs through Dec. 31, 2010. The Medicare payment rates to physicians would be extended through the end of September 2010. The bill passed 62-36. [Vote 48, 3/10/10]  XXXX Voted to Kill Tax Breaks, Unemployment Benefits Extension. In March 2010, XXXX voted against invoking cloture on the bill that would extend various tax provisions, including disaster relief tax provisions, the research and development tax credit and energy tax credits for biodiesel and for construction of new energy-efficiency homes. It also would extend expanded unemployment benefits and health insurance subsidies for jobless workers, a delay to pay cuts for Medicare physicians, as well as small-business loans, certain satellite TV broadcasting and flood insurance. It would be partially offset by repealing a provision to allow the cellulosic biofuels producer credit to be claimed by producers of certain paper products. The motion to invoke cloture passed 66-33. [Vote 47, 3/10/10]  XXXX Voted to Kill Tax Breaks, Unemployment Benefits Extension. In March 2010, XXXX voted against invoking cloture on the substitute amendment to a bill that would extend a variety of tax provisions and extend expanded unemployment benefits and health insurance subsidies for jobless workers, a delay to pay cuts for Medicare physicians, as well as small-business loans, certain satellite TV broadcasting and flood insurance. The motion to invoke cloture passed 66-34. [Vote 46, 3/09/10]  XXXX Voted to Kill Tax Breaks, Unemployment Benefits Extension. In March 2010, XXXX voted for appoint of order that would have killed a package of tax breaks and economic safety-net extensions. According to CQ, sustaining the point of order would not have killed the legislation directly; it would have had virtually the same effect. The motion to waive the point of order passed 60-37. [CQ Today, 3/03/10; Vote 39, 3/03/10] XXXX Voted For a Bill to Provide a Short Term Extension on Important Federal Programs, After Backing Bunning’s Filibuster (verify if true). In March 2010, XXXX voted for an urgent extender bill that would provide a short-term renewal of economic safety-net programs for the jobless and laws governing satellite television transmission. It also would prevent a cut in Medicare physician payments and would extend small-business, flood insurance and highway programs. Bunning had blocked the measure since last week, arguing that the $10.3 billion 231

cost should be offset. But he relented, accepting an offer from Democratic leadership to have a vote on his proposal to pay for the bill’s cost by preventing “black liquor,” a wood byproduct, from being eligible for the cellulosic biofuels producer tax credit. XXXX supported Bunning’s block on the extension (verify if true). The extender bill passed 78-19. [CQ Today, 3/02/10; Vote 32, 3/02/10]  XXXX Voted for Bunning’s Gimmick Amendment to Offset Costs in Short Term Extension Bill By Blocking an Obscure Tax Credit. In March 2010, XXXX voted for an amendment that would offset the cost of a short term extension of federal programs, including expanded unemployment benefits, by preventing “black liquor,” a wood byproduct, from being eligible for the cellulosic biofuels producer tax credit. The provisions had expired on February 28, after Republican Jim Bunning blocked the legislation. Bunning finally relented after agreeing to allow a vote on this provision, offsetting the cost. The amendment failed 43-53. [CQ Today, 3/02/10; Vote 31, 3/02/10] XXXX Voted For Extending Unemployment and COBRA Benefits for Jobless Workers. In December 2009, XXXX voted for a $636 billion Defense spending bill, the last of the fiscal 2010 appropriations measures, that also extended through the end of February a number of expiring non-Defense programs, including expanded unemployment and health care benefits that were part of the economic stimulus bill enacted early that year. These include a subsidy for health insurance costs paid by laid-off workers who keep coverage from their previous employer under a federal program known as COBRA. The bill passed 88-10. [CQ Today, 12/19/09; Vote 384, 12/19/09] XXXX Voted For an Expansion of Unemployment Benefits for U.S. Workers. In October 2009, XXXX voted to invoke cloture (thus limiting debate) on the Reid, D-Nevada motion to proceed to the bill that would provide additional unemployment benefits for U.S. workers and extend through 2010 a tax rate of 6.2 percent on certain wages. The motion was agreed to 87-13. [Vote 329, 10/27/09] NOTE: XXXX did vote for a motion to invoke cloture on the substitute amendment (Vote 332), to invoke cloture on the bill (Vote 333) and for final passage of the unemployment benefits extension (Vote 334). XXXX Voted For Extending Unemployment Compensation for Workers Whose Benefits Have Run Out. In November 2008, XXXX voted for legislation that would extend unemployment compensation for workers whose benefits have run out. The bill would extend unemployment compensation by seven weeks for workers whose benefits have run out, and by 13 weeks for workers in states with jobless rates higher than 6 percent. The extended benefits would be available to individuals who exhaust the normal unemployment compensation by March 31, 2009. The bill passed on a voice vote after an 89-6 motion to invoke cloture. [CQ Today, 11/20/08; Vote 214, 11/20/08] XXXX Voted For Supplemental Funding for War in Iraq, Unemployment Benefits, New GI Bill. In June 2006, XXXX voted for a war supplemental spending bill that would provide $165.4 billion for the wars in Iraq and Afghanistan and $21 billion for domestic spending, including a major expansion of veterans' education benefits, a 13-week extension of unemployment and Midwestern flood aid. The bill passed 92-6. [CongressNow, 6/26/08; Vote 162, 6/26/08] XXXX Voted Against Unemployment Benefits for Katrina Victims. In September 2005, XXXX voted against an amendment that would have provided financial relief for victims of hurricane Katrina. The amendment would have allowed up to 52 weeks of unemployment benefits for an individual who lost their job due to a major disaster, under the Disaster Unemployment Assistance Program. [Vote 234, 9/15/05] XXXX Voted to Limit the Accrual Period for the Employee Wage Priority. In 2005, XXXX voted against an amendment that would strike the 180-day limit on the accrual period for the employee wage priority to protect the back pay and severance for workers whose employers are in bankruptcy. [Vote 32, 3/9/05] XXXX Voted Against Extending Unemployment Benefits. In 2004, XXXX voted against a proposal to provide an additional 13 weeks of unemployment benefits for people who had exhausted their state jobless benefits. [Vote 18, 2/26/04] 232

XXXX Opposed Extending Unemployment Benefits 13 Weeks. In 2004, XXXX voted against an amendment to extend until November 30, 2004, the federal program to provide an additional 13 weeks of unemployment benefits for people who have exhausted their state-level jobless benefits. [Vote 88, 5/11/04] XXXX Voted Against Extending Unemployment Benefits By 26 Weeks. In 2003, XXXX voted against an amendment that would extend the temporary federal unemployment insurance program until Dec. 31, 2003 and provide an additional 26 weeks of benefits for those whose benefits have already lapsed. [Vote 199, 5/23/03] XXXX Voted Against Extending Unemployment Benefits. In 2003, XXXX voted against a motion to allow for consideration of an amendment to extend unemployment benefits. The vote was on an amendment that would extend unemployment benefits by seven weeks for those who had already received 26 weeks of benefits and by 13 weeks for those who had already received 13 weeks of benefits. Benefits under the Railroad Unemployment Insurance Act would be extended for eligible employees with less than 10 years of service. [Vote 269, 7/10/03] XXXX Voted Against Extending Unemployment Insurance To 26 Weeks Offset By Reducing Tax Cuts. In 2003, XXXX voted against extending unemployment insurance, and offset the increased spending by reducing tax cuts. The vote was on an amendment that would increase spending on unemployment insurance by $16.4 billion in 2003 and 2004, offset by a reduction in tax cuts. The amendment would double the program's length to 26 weeks and expand it to include part-time and low-wage workers. [Vote 85, 3/25/03] XXXX Voted Against A 13-Week Extension of Federal Unemployment Benefits. In 2003, XXXX opposed a 13-week extension of federal unemployment benefits for those who have already exhausted their state and federal benefits and remain unemployed. [Vote 14, 1/22/03] XXXX Voted Against Extending Unemployment Benefits; Would Be Offset By Cutting Tax Cut For Top Incomes. In 2003, XXXX voted against an amendment to the 2003 Bush tax cut bill that would have extended unemployment benefits by 26 weeks, with an additional 13 weeks for workers who have exhausted federal benefits. It also would fund unemployment compensation for part-time and low-wage workers. It would be offset by eliminating the 2003 Bush tax bill’s acceleration of the reduction of the top income tax rate. [Vote 152, 5/15/03] XXXX Voted Against Giving Trade-Affected Workers Access To Loans To Cover Mortgages. In 2002, XXXX voted against an amendment that would establish a pilot trade adjustment assistance program to give workers who lost their jobs due to trade access to short-term, low- interest loans to cover their monthly home mortgage payments while they looked for new jobs. [HR 3009, Vote 119, 5/21/02] XXXX Against Assistance For Harbor Workers Who Lose Their Jobs Due To U.S. Safeguards. In 2002, XXXX voted against an amendment that would require TAA benefits to be given to longshoremen and other harbor workers who lose their jobs as a result of the decline in the importation of steel products into the United States that has been caused by the safeguard measures taken by the United States on March 5, 2002 to limit the dumping of steel on its market. The amendment would sunset after 4 years. [HR 3009, Vote 128, 5/23/02] XXXX Voted Against Adding Assistance For Workers Affected By Trade. In 2002, XXXX voted against an amendment that would authorize the Labor Department to award grants to community colleges to establish job- training programs for workers who were adversely affected by trade, and would add negotiating objectives for textiles and apparel. Those objectives would include that negotiators would seek to reduce or eliminate barriers to exports of United States textiles and apparel, would seek to eliminate non-tariff barriers to such exports, and would seek to reduce or eliminate foreign subsidies for textiles and apparel producers. Finally, the amendment would authorize cash payments for an additional 6 months for workers who lost their jobs due to trade and who enrolled in remedial education programs for high school equivalency diplomas or to learn to speak English. [HR 3009, Vote 111, 5/15/02] XXXX Voted For A Bicameral Compromise On Economic Stimulus, Extend Unemployment Benefits. In 2002, XXXX voted for a bill that would provide extended unemployment benefits, tax incentives to promote 233

economic growth, and aid to help New York City recover from the terrorist attacks of September 11, 2001. [HR 3090, Vote 44, 3/8/02] XXXX Voted For A “Compromise” Stimulus Measure To Provide Tax Cuts, Provide an Additional 13 Weeks of Unemployment Benefits and MSAs. In 2002, XXXX voted for an amendment that would extend business depreciation allowances, provide an additional 13 weeks of unemployment benefits for workers who had exhausted their unemployment benefits, and extend Archer Medical Savings Accounts for another year. It would also enact tax benefits to promote economic recovery in New York City, and provide extra Federal funding to states for Medicare. [HR 622, Vote 14, 2/6/02] XXXX Voted Against Extending Unemployment Benefits. In 2002, XXXX voted against a “$69 billion measure, stripped down from their previous proposals, that would extend unemployment benefits, provide tax breaks to individuals who did not earn enough to receive” the $300 per person rebate in 2001 and allow companies to write off some expenditures. “It would also give states more money to reimburse their Medicare expenses.” [HR 622, Vote 13, 2/6/02; Bloomberg News, 02/06/02] XXXX Opposed Extending Unemployment Benefits to Part-Time Workers. In 2002, XXXX voted against a motion to waive the Budget Act to consider an amendment that would have required states to provide unemployment benefits to former part-time workers who are seeking another part-time job through the end of 2002, and would provide a temporary supplement to unemployment insurance benefits of 15 percent or $25 per week, whichever is greater. [HR 622, Vote 6, 1/29/02] XXXX Voted Against Amendment to Benefit Laid-Off Airline Workers. In 2001, XXXX voted to kill an amendment to the Aviation Security bill that would have provided 20 weeks of unemployment and 12 months of health care benefits to laid-off airline workers after 9-11 terrorist attacks. [S 1447, Vote 293, 10/11/01; St. Louis Post-Dispatch, 10/12/01] XXXX Blocked Immediate Help for Those Who Lost Their Jobs After 9-11. In 2001, XXXX voted, not once but twice, against legislation to provide immediate help to those who have lost their jobs after 9-11. The first vote (Vote 337) would have designated spending contained in the Economic Stimulus bill, H.R. 3090, as “emergency spending.” By designating the money as “emergency spending”, the Senate could help provide immediate health care and unemployment benefits to those who have lost their jobs. The second vote (Vote 338) was a Democratic substitute bill, offered by Senator Baucus (D-MT) to provide immediate benefits. The Baucus bill would have provided:  Economic Security. $73 billion for economic stimulus measures in fiscal 2002 (including $14 billion for refund checks to taxpayers that did not receive refunds during the summer of 2001).  Unemployment and Health Care Benefits. $31 billion for unemployment and health care benefits for displaced workers and agriculture assistance.  Homeland Security Funds. $8 billion in fiscal 2002, and $15 billion over 10 years for homeland security, including bioterrorism, food safety, law enforcement and postal programs. The Baucus plan went down on a Republican point of order (to waive the Budget Act) that required 60 votes to defeat. The final vote was 51-47. [HR 3090, Vote 337, 11/14/01; Vote 338, 11/14/01] OSHA AND LABOR STANDARDS XXXX Voted Against Allowing Retaliation on Trading Partners Based On Labor And Environmental Standards. In 2002, XXXX voted against allowing retaliation against trading partners based on labor and environmental standards. The amendment McConnell voted to table would allow retaliation against a trading partner for exercising their right to set domestic standards for labor and the environment. [HR 3009, Vote 112, 5/15/02] 234

XXXX Voted Against Requiring Parties to Fast-Track Trade Agreements to Uphold Basic Labor and Environmental Standards. In 2002, XXXX voted against requiring parties to trade pact agreements considered under fast-track procedures to uphold their domestic labor and environmental standards, under penalty of trade remedy laws. The amendment that McConnell opposed also said that countries enforcing international environmental agreements should be protected from trade-related penalties. [HR 3009, Vote 113, 5/15/02; Congressional Quarterly Daily Monitor, 5/15/02] XXXX Voted to Repeal Ergonomics Regulations. In 2001, XXXX voted to repeal a workplace regulation designed to prevent injuries from repetitive motion. Republicans argued that the regulation would cost businesses billions of dollars. However, in the long run, the regulations would save companies money. The Occupational Safety and Health Administration (OSHA), which wrote the regulations, said that it would cost businesses $4.5 billion to implement, but would save $9 billion through increased productivity and reduced sick days. According to the Bureau of Labor Statistics, 1.8 million ergonomic injuries are reported each year. [S J Res 6, Vote 15, 3/6/01; Congressional Record, 3/6/01] XXXX Voted to Gut Ergonomics Rules. In 2001, XXXX voted to pass a resolution that gutted ergonomics rules submitted by the Labor Department during the Clinton Administration. The resolution passed 223 to 206. Big business lobbied extensively to kill the rules, which would have required them to take steps to prevent work-related, repetitive stress disorders such as carpal tunnel syndrome. Ergonomic injuries are one of the nation’s worst workplace safety problems, causing more than 1.8 million injuries and costing approximately $50 billion each year. Labor groups have supported the ergonomics regulations for 10 years. [S J RES 6, Vote 33, 3/7/01; Washington Post, 3/7/01, 6/13/01; New York Times, 4/6/02; AFL-CIO web site] XXXX Voted Against Prohibiting Funds For Ergonomics Standards. In 2000, XXXX voted an amendment that would add that none of the funds made available in the Act could by used by the Occupational Safety and Health Administration (OSHA) to promulgate, issue, implement, administer, or enforce any proposed, temporary, or final standard on ergonomic protection. The amendment was agreed to, 57-41. [Vote 143, 6/22/00] XXXX Voted To Cut Funding for Workplace Safety Inspections. In 1999, XXXX voted to cut $17 million in funding for the Occupational Safety and Health Administration (OSHA) workplace inspections and transfer the funds to OSHA’s programs that help businesses comply with the agency’s regulations. [Vote 304, 9/30/99] XXXX Voted Against Requiring Worker Safety. In 1995, XXXX voted to kill the Kennedy amendment to S.343, which was an amendment to exempt occupational safety and health regulations and mine safety and health regulations from the risk assessment and cost-benefit analysis requirements of the bill. S.343 was a bill to require federal agencies to conduct risk-assessment and cost-benefit analysis on new regulations with an expected annual economic impact of $100 million or more. [Vote 307, 7/14/95] UNIONS AND BARGAINING XXXX Voted To Disapprove Of NLRB Board Changes To Airline And Railway Union Elections. In September 2010, XXXX voted for an Isakson, R-Ga., motion to proceed to consideration of a joint resolution that would provide for congressional disapproval of a National Mediation Board rules change regarding airline and railway union elections under the Railway Labor Act. [CQ; Vote 239, 9/23/10] XXXX Voted To Allow Public Safety Personnel to Unionize. In May 2008, XXXX voted to consider a bill that would give public safety personnel nationwide the right to unionize. The bill aims to give police and firefighters the right to unionize in any municipality with a population that exceeds 5,000 — a long-overdue guarantee for the nation’s first-responders, supporters say. The measure would not override stronger state laws on collective- bargaining rights. [CQ Today, 5/13/08; Vote 126, 5/13/08] XXXX Voted Against Granting Homeland Security Employees Collective Bargaining Rights. In 2002, XXXX voted against an amendment to establish a Department of Homeland Security and allow employees 235

in agencies transferred to the new department to retain their collective bargaining rights, unless it is demonstrated that collective bargaining would adversely affect national security or the primary jobs of these Federal Government workers change to consist of intelligence, counterintelligence or terrorism investigation. [HR 5005, Vote 241, 11/13/02] XXXX Voted to Treat Labor Organizations like Corporations. In July 2002, XXXX voted for an amendment that would require labor organizations with gross annual receipts equal to or greater than $200,000 to use financial reporting procedures comparable to those required of publicly traded corporations under the Securities and Exchange Act. It would require reported information to be reviewed by a certified public accountant. It also would provide civil monetary penalties, as established under the securities law, for violations of reporting and auditing requirements. This is an amendment to the Leahy Amendment that would create a 10-year securities fraud felony for anyone who knowingly defrauds shareholders, and direct the U.S. Sentencing Commission to raise penalties in obstruction of justice cases where evidence is destroyed. It also would create a 10-year felony for the obstruction of evidence when records are under subpoena, require the preservation of key financial audits for five years, and create a five-year felony for intentionally destroying such documents. It would provide whistleblower protections for employees of publicly traded companies and lengthen the statute of limitations on securities fraud cases. [S 2673, Vote 168, 7/10/02] XXXX Voted For A GOP Amendment To Apply Patient Protection Amendments To Collective Bargaining Plans. In 2001, XXXX voted for an amendment that would require that the general effective date (October 1, 2002) of the bill's amendments to the Public Health Services Act (PHSA) and the Employee Retirement Income Security Act (ERISA), as they pertain to group health plans, would apply to group health plans established through collective bargaining agreements. [S 1052, Vote 211, 6/29/01] XXXX Voted To Restrict Access Rights For Unions. In 2001, XXXX voted for an amendment that would add that the National Labor Relations Board will not be permitted to make a finding of an unfair labor practice relating to a published, written, or posted no-solicitation or no-access rule that permits solicitation or access only for charitable, eleemosynary, or other beneficent purposes. [HR 3061, Vote 318, 11/1/01] XXXX Voted to Allow Employers to Fire Union Organizers. In 1998, XXXX cast a crucial voted to allow employers to fire union organizers. [Vote 266, 9/15/98] XXXX Voted To Deny Public Funds For Teamster Union Elections. In 1997, XXXX voted for an amendment that limited the use of taxpayer funds for any future International Brotherhood of Teamsters leadership election. [Vote 233, 9/11/97] Employee Free Choice Act XXXX Voted to Block Employee Free Choice Act. In June 2007, XXXX voted against cloture on the Employee Free Choice Act. The bill would have made it easier for workers to join Unions and avoid employer intimidation by certifying a Union once a majority of workers signed cards indicating their preference to join the Union. The Senate rejected cloture 51-48. [Vote 227, 6/26/07; AP, 6/27/07] EXPORT-IMPORT BANK XXXX Voted For Measure To Boost Exports And Create Thousands Of Jobs. In May 2012, XXXX voted for passage of the bill that would reauthorize through Sept. 30, 2014 the charter for the U.S. Export-Import Bank. It would incrementally increase to $140 billion, from $100 billion, the cap on outstanding loans, guarantees and insurance that the bank is authorized to have at any given time. The bill was passed by a vote of 78-20 (D 50-0; R 27-19; I 1-1). According to the White House, “The Export-Import Bank is playing an important role in contributing to this progress. Last year, the Bank set export finance records for the third straight year. Overall authorizations hit $32.7 billion, supporting $40 billion in export sales and 290,000 American jobs at more than 3,600 U.S. companies. More than 85% of these transactions were for small businesses. The Bank is on track to meet the growing demand for export financing this fiscal year, as well, and small business transactions currently account for more than 22% 236

of the Bank's overall authorizations.” [Vote 96, 5/15/12; White House Fact Sheet, 5/30/12]  National Association of Manufacturers: Bank “Vital Tool To Promote Economic Growth Through Exports And Level The Playing Field For Manufacturers In The United States.” In May 2013, Linda Dempsey, the vice president of the National Association of Manufacturers, wrote an op-ed, “The Export-Import Bank of the United States (Ex-Im) is a vital tool to promote economic growth through exports and level the playing field for manufacturers in the United States in the face of aggressive foreign export credit agencies. With 95 percent of consumers living outside of the United States and fierce global competition, we must continue to use every tool available to grow exports in order to create jobs and grow our economy. The Export- Import Bank of the United States (Ex-Im) is a vital tool to promote economic growth through exports and level the playing field for manufacturers in the United States in the face of aggressive foreign export credit agencies. With 95 percent of consumers living outside of the United States and fierce global competition, we must continue to use every tool available to grow exports in order to create jobs and grow our economy.” [Linda Dempsey Op-Ed, The Hill, 5/7/13]  XXXX Voted Not To End Export-Import Bank. In May 2012, XXXX voted against Lee, R-Utah, amendment no. 2100 that would terminate the Export-Import Bank one year after reauthorization and direct the president to pursue negotiations with other countries to end export subsidies. The amendment was rejected by a vote of 12/86 (D 0-50; R 12-34; I 0-2). [Vote 91, 5/15/12]  XXXX Voted To Block Reauthorization Of Import-Export Bank. In March 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Cantwell, D-Wash., amendment no. 1836 that would reauthorize the charter for the Export-Import bank for four years and increase its lending cap by $40 billion. The motion was rejected by a vote of 55-44. [Vote 52, 3/20/12] MISCELLANEOUS XXXX Voted to Toughen Bankruptcy Laws on Disabled Workers. In 2005, XXXX voted against an amendment to the Bankruptcy bill that would have changed the bill's definition of current monthly income to specify that the definition excludes income from a debtor's former job and income from any activity the debtor can no longer engage in due to disability. [Vote 37, 3/10/05] XXXX Voted Against a Manufacturing Jobs Tax Credit. In 2004, XXXX voted against an amendment that would strike from the underlying bill all international tax provisions and the tax deduction provisions related to income attributable to U.S. production activities. It would replace them with a new tax credit equal to 1.66 percent of the wages an employer paid to each employee in manufacturing up to $35,000 per employee. [Vote 82, 5/5/04] XXXX Supported Increasing Age Limit for Airline Pilots. In 2003, XXXX voted to increase the age limit for commercial air pilots from 60 to 65 years old. [Vote 233, 6/12/03] XXXX Voted to Limit the Accrual Period for the Employee Wage Priority in Bankruptcy. In 2005, XXXX voted against an amendment that would strike the 180-day limit on the accrual period for the employee wage priority to protect the back pay and severance for workers whose employers are in bankruptcy. [Vote 32, 3/9/05] XXXX Voted Against Paying For Steel Workers’ Health Insurance Costs. In 2002, XXXX voted against an amendment that would pay 70 percent of the health insurance costs of approximately 125,000 former steel workers and their dependents for 1 year. Former steel workers who had worked 15 years or more and who had lost their health benefits due to their companies going bankrupt would be eligible. [HR 3009, Vote 117, 5/21/02] XXXX Voted Against Labor Protections in Trade Bill. In 1999, XXXX voted against labor protections in trade bill. [Vote 345, 11/2/99] XXXX Voted Against Protecting National Labor Relations Board (NLRB). In 1999, XXXX cast crucial vote against protecting funding for the National Labor Relations Board (NLRB). [Vote 300, 9/30/99] 237

XXXX Voted Against Prohibiting Federal Buying Products Made by Child Labor. In 1998, XXXX Voted against prohibiting the government from buying products made by forced or indentured child labor. [Vote 244, 7/29/98] XXXX Voted Against Establishing a Reserve Fund to Help Employ People With Disabilities. In 1998, XXXX Voted against establishing a reserve fund to help people with disabilities become employed even though people with disabilities are often not hired due to the high cost of private health insurance policies costing the public billions in cash assistance. [Vote 82, 4/2/98] 238

NOMINATIONS HIGHLIGHTS  THE XXXX RECORD SUPREME COURT XXXX Voted Against Confirming Elena Kagan As Associate Justice Of The U.S. Supreme Court. In August 2010, XXXX voted against confirmation of President Obama's nomination of Elena Kagan of Massachusetts to be an associate justice of the U.S. Supreme Court. [Vote 229, 8/5/10] XXXX Voted Against Confirming Sotomayor’s Nomination to the Supreme Court. In August 2009, XXXX voted against confirming President Obama’s nominee, Sonia Sotomayor to become the Supreme Court’s first Hispanic justice. Nine Republicans joined all Democrats present and two independents in voting for Sotomayor, who becomes the third woman to serve on the high court. [CQ Today, 8/06/09; Vote 262, 8/06/09] XXXX Voted to Confirm Samuel Alito to Supreme Court. In January 2006, XXXX voted for the confirmation of President Bush’s nomination of Samuel A. Alito Jr. of New Jersey to be an associate justice of the U.S. Supreme Court. [Vote 2, 1/31/06] XXXX Voted to Confirm John XXXX to Supreme Court. In September 2005, XXXX voted for the confirmation of President Bush’s nomination of John G. XXXX, Jr., of Maryland, to be Chief Justice of the United States. [Vote 245, 9/29/05] CONTROVERSIAL LOWER COURT JUDGES XXXX Supported Obama’s Nominee for U.S. District Court in Nebraska. In 2012, XXXX voted against confirmation of President Obama's nomination of John M. Gerrard of Nebraska to be a judge for the U.S. District Court for the District of Nebraska. The nominee was confirmed by a vote of 74-16. [Vote #1, 1/23/12] XXXX Missed The Vote For President’s Nominee for U.S. District Court Judge in Southern District of California. In 2012, XXXX missed the vote for confirmation of President Obama's nomination of Cathy Ann Bencivengo of California to be a judge for the U.S. District Court for the Southern District of California. The nominee was confirmed by a vote of 90-6. [Vote #16, 2/9/12] XXXX Voted Not to Block President’s Nominee for 11th U.S. Circuit Court of Appeals. In 2012, XXXX voted for a motion to invoke cloture (thus limiting debate) on President Obama's nomination of Adalberto Jose Jordan of Florida to be a judge for the 11th U.S. Circuit Court of Appeals. The motion was agreed to by a vote of 89-5. [Vote #18, 2/13/12] XXXX Supported President’s Nominee for 11th U.S. Circuit Court of Appeals. In 2012, XXXX voted for the confirmation of President Obama's nomination of Adalberto Jose Jordan of Florida to be a judge for the 11th U.S. Circuit Court of Appeals. The nominee was confirmed by a vote of 94-5. [Vote #19, 2/15/12] XXXX Missed The Vote For President’s Nominee for U.S. District Court in Southern District of New York. In 2012, XXXX missed the vote for confirmation of President Obama's nomination of Jesse M. Furman of New York to be a judge for the U.S. District Court for the Southern District of New York. The nominee was confirmed by a vote of 62-34. [Vote #21, 2/17/12] 239

XXXX Voted For President’s Nominee for U.S. District Court in Eastern District of New York. In 2012, XXXX voted for confirmation of President Obama's nomination of Margo Kitsy Brodie of New York to be a judge for the U.S. District Court for the Eastern District of New York. The nominee was confirmed by a vote of 86-2. [Vote #23, 2/27/12] XXXX Supported President’s Nominee for U.S. District Court in Western District of Missouri. In 2012, XXXX voted for the confirmation of President Obama's nomination of Mary Elizabeth Phillips of Missouri to be a judge for the U.S. District Court for the Western District of Missouri. The nominee was confirmed by a vote of 95- 2. [Vote #26, 3/6/12] XXXX Supported President’s Nominee for U.S. District Court in Eastern District of Washington. In 2012, XXXX voted for the confirmation of President Obama's nomination of Thomas Owen Rice of Washington to be a judge for the U.S. District Court for the Eastern District of Washington. The nominee was confirmed by a vote of 93-4. [Vote #27, 3/6/12] XXXX Supported President’s Nominee for U.S. District Court in Central District of California. In 2012, XXXX voted for the confirmation of President Obama's nomination of Michael Walter Fitzgerald of California to be a judge for the U.S. District Court of the Central District of California. The nominee was confirmed by a vote of 91-6. [Vote #50, 3/15/12] XXXX Supported President’s Nominee for U.S. District Court in Northern District of West Virginia. In 2012, XXXX voted for the confirmation of President Obama's nomination of Gina Marie Groh of West Virginia to be a judge for the U.S. District Court for the Northern District of West Virginia. The nominee was confirmed by a vote of 95-2. [Vote #49, 3/15/12] XXXX Voted For Anti-Women’s Rights Nominee J. Leon Holmes. In 2004, XXXX voted to confirm Leon Holmes, a very conservative judge who was the leader in the right-to-life movement in Arkansas, to the U.S. District Court for the Eastern District of Arkansas. In 1980, Holmes wrote that abortion should not be available to rape victims because conceptions from rape occur with the same frequency as snow in Miami. Sen. Patrick Leahy called Holmes one of the most “intolerant” nominees ever considered by the Senate, accusing Bush of nominating someone who would pursue his anti-abortion agenda and other conservative causes from the bench. “The White House is saying we don’t want an independent federal judge; we want someone who will be an arm of the Republican Party,” Leahy argued. [Vote 153, 7/6/04; The New Yorker, 05/26/03; Los Angeles Times, 7/7/04] XXXX Did Not Vote on Confirmation For Conservative Judicial Activist Nominee Jeffrey S. Sutton. In 2003, XXXX did not vote in the confirmations vote for Jeffrey Sutton. Sutton, who was nominated to the 6th U.S. Circuit Court of Appeals, had a strong judicial activist bent. Democratic Senator Patrick Leahy objected to Sutton, writing: “Mr. Sutton has a legal philosophy focused on limiting Congress’ historic role in protecting the civil and constitutional rights of all Americans. He has sought to weaken, among other laws, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Violence Against Women Act, and the Religious Freedom Restoration Act. His extreme judicial philosophy would undermine the rights of state workers, disabled individuals, women, children, racial and ethnic minorities, and older Americans.” The NAACP labeled Sutton a “right-wing extremist. [Vote 135, 4/29/03; Leahy Statement, 4/29/03; NAACP Legislative Report Card, 2003-04] XXXX Voted For Racist Nominee Charles Pickering. In 2003, XXXX voted to confirm Charles Pickering, who was nominated to be a judge on the U.S. Court of Appeals for the 5th Circuit and had been criticized for his racist positions. “The debate over the nomination had centered on Judge Pickering’s civil rights record as a Mississippi lawyer, state lawmaker and federal judge over the course of decades. Senate Democrats argued that he did not deserve elevation because he had written an article as a young man recommending ways to strengthen Mississippi’s anti-miscegenation laws, left the Democratic Party in 1964 when the national party tried to integrate the state delegation to the national convention and, more recently, presided over a 1994 trial in which he took extraordinary steps to reduce the sentence of a man convicted in a cross-burning incident.” [Vote 419, 10/30/03; New York Times, 01/17/04] 240

XXXX Voted For Anti-Environmentalist Judge William G. Myers III. In 2004, XXXX voted for anti- environmentalist judge William Myers. Myers, who was nominated to be a judge on the U.S. Court of Appeals for the 9th Circuit, has a long history as an anti-environmentalist, even serving as a lobbyist for the mining and cattle industries. Virtually every major environmental organization in the nation opposed Myers’ nomination, along with civil rights, labor and American Indian groups. Senator Patrick Leahy described Myers as “the most anti- environmental judicial nominee I have ever seen in my years in the Senate.” [Vote 158, 7/20/04; Los Angeles Times, 3/18/05; New York Times, 3/18/05] XXXX Voted Seven Times To Support Miguel Estrada. In 2003, XXXX voted seven times to confirm the nomination of Miguel Estrada. Estrada was nominated to be a judge for the U.S. Circuit Court of Appeals for the District of Columbia. During his Senate confirmation hearing, Estrada refused to answer basic questions about his judicial philosophy in more than 80 questions put to him by Senate Democrats and refused to provide legal briefs he has written throughout his career to provide Senators with some sense of his ideology. [Vote 40, 3/6/03; Vote 53, 3/13/03; Vote 56, 3/18/03; Vote 144, 4/2/03; Vote 140, 5/5/03; Vote 143, 5/8/03; Vote 312, 7/30/03]  Estrada Repeatedly Refused To Answer Questions On His Legal Opinions. According to the New York Times, “in his Judiciary Committee hearing last September, Mr. Estrada took what is often called the ‘judicial fifth,’ declining to answer many questions by saying that he could not comment on issues that might come before him should he be confirmed. It is a common approach for judicial nominees, but Mr. Estrada was more reticent than usual. Asked to name Supreme Court decisions in the last 40 years with which he found fault, he declined. He said he could not criticized any decision by the justices because ‘I haven’t been in the their shoes in the sense of having had access to all the materials, arguments, research and deliberation that they had’…The fight over Mr. Estrada’s nomination has nominally been over memorandums he wrote from 1992 to 1997 as a lawyer in the office of the solicitor general about pending Supreme Court cases. Senator Charles E. Schumer, Democrat of New York, who is leading the fight against Mr. Estrada, said that because Mr. Estrada had such a scant written record, the memorandums on Supreme Court cases were needed to help evaluate his case.” Additionally, while the Bush administration has claimed that the memos could not be disclosed due to confidentiality requirements, Democrats have argued that similar memos have been made available in the past. [New York Times, 3/30/03]  AFL-CIO Opposed Estrada Nomination. “Miguel Estrada is one of many individuals President George W. Bush nominated to the federal appellate courts who have extremely troubling records on workers’ rights, civil rights and the environment. The ultraconservative Estrada, who has never served as a judge on any level, was nominated for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. Opponents of Estrada’s nomination began a filibuster after he refused to answer Senate questions about his judicial philosophy and the White House refused to release legal documents Estrada wrote while working at the U.S. Department of Justice.” [www.afl-cio.org]  NAACP Opposed Estrada. “The NAACP Opposed Mr. Estrada’s Nomination.” [NAACP Legislative Report Card, 2003-04] XXXX Voted for the Judicial Nomination of Timothy M. Tymkovich, Who Defended An Anti-Gay Colorado Initiative With Anti-Gay Rhetoric. In 2003, XXXX voted to confirm President Bush’s nomination of Timothy M. Tymkovich of Colorado to the U.S. Court of Appeals for the 10th Circuit. Tymkovich drew criticism from gay- rights advocates because of a law journal article Tymkovich wrote after the Supreme Court overturned a Colorado voter initiative known as Amendment 2, which struck down protections for gays and lesbians. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy said he had no problem with Tymkovich’s advocacy of the initiative in the courts but said the article went beyond legal advocacy and “seems replete with heavy anti-homosexual rhetoric.” [Vote 113, 4/1/03; Associated Press, 4/1/03] XXXX Voted to Confirm Deborah Cook; Democrats Called Her Record Extreme, Against Individuals’ Rights. In 2003, XXXX voted for President Bush’s nomination of Deborah L. Cook of Ohio to the U.S. Court of Appeals for the 6th Circuit. Democrats opposed Cook but did not mount a filibuster against her. “Her record is 241

extreme, even in comparison with her Republican colleagues on the Ohio Supreme Court,” said Sen. Edward Kennedy. “She consistently seems bent on narrowly construing laws intended to remedy violations of the rights of individuals.” [Vote 139, 5/5/03; AP, 5/5/03] XXXX Voted For Anti-Choice Nominee Priscilla Owen. XXXX repeatedly voted to confirm President Bush’s Nomination of Priscilla Owen to the U.S. Circuit Court of Appeals on the 5th Circuit. Democrats opposed Owen in part because of her extremely narrow view of the rights of minors seeking abortions, which she displayed in a dissenting opinion in a case dealing with Texas’ parental notification law. Owen was even criticized by now- Attorney General Alberto R. Gonzales, who served on the Texas Supreme Court with Owen and wrote that her reading of the law in the parental notification case represented “an unconscionable act of judicial activism.” In addition, Senate Democrats called her a conservative, judicial activist who had regularly sided with big business and insurance firms over injured workers and consumers. [Vote 128, 6/25/05; Vote 127, 6/24/05; Vote 308, 7/29/03; Vote 450, 11/14/03; Vote 144, 5/8/03; Vote 137, 5/1/03; Vote 128, 5/25/05; Washington Post, 5/26/05; New York Times, 12/24/04; Los Angeles Times, 9/06/02] XXXX Voted To Confirm Judicial Nominee Victor Wolski to U.S. Claims Court; Wolski Had Anti- Environmental Record. In 2003, XXXX voted for the confirmation of President Bush’s nomination of Victor Wolski of Virginia to the U.S. Claims Court. Wolski was former counsel for the Pacific Legal Foundation, which was described as “one of the nation’s most active litigators against government regulations, particularly those dealing with endangered species, Western water rights and other environmental issues.” [Vote 265, 7/9/03; Greenwire, 7/10/03; CQ Daily Monitor, 7/9/03] XXXX Supported Controversial Judge William Pryor. XXXX consistently voted to confirm President Bush’s nomination of William H. Pryor Jr. of Alabama to the U.S. Court of Appeals for the 11th Circuit. [Vote 133, 6/9/05; Vote 132, 6/8/05; Vote 441, 11/6/03; Vote 316, 7/31/03]  Pryor Defended the Practice of Handcuffing Prisoners to Hitching Posts. Pryor defended Alabam’s assertion that it was legal to tie prisoners to hitching posts as punishment for misbehavior. The Supreme Court struck down the practice, and in its opinion, condemned Pryor’s brief defending the practice, saying “Pryor’s legal brief was ‘antithetical to human dignity” and “both degrading and dangerous.” [Washington Times, 6/9/2005]  Pryor Was the Only State AG to File Brief in Support of Bush When Bush V. Gore Went Before the Supreme Court. When the outcome of the election was put before the Supreme Court, Pryor was the only state attorney general to file an amicus brief in support of George W. Bush when Bush v. Gore was before the Supreme Court. [Brief of the State of Alabama as Amicus Curiae Supporting Reversal, Bush v. Gore, 2000 U.S. Briefs 949, cited by Alliance for Justice in Opposition to the Nomination of Pryor]  Pryor Called the Voting Rights Act “an Affront to Federalism.” William Pryor told congress that he opposed a key provision of the Voting Rights Act of 1965 that protected minority voting rights. Pryor called this essential provision “an affront to federalism and an expensive burden that has far outlived its usefulness.” [Transcript of Pryor Testimony, 7/15/97]  Pryor Opposed the Violence Against Women Act. Pryor was the only state attorney general to ask the Supreme Court to strike down the Violence Against Women Act. 36 state attorneys general urged the court to uphold the law. [New York Times, 8/4/03, 6/23/03]  Pryor Opposed Environmental Regulations Such as Clean Water Act and Endangered Species Act. The Atlanta Journal-Constitution criticized Pryor’s record with respect to environment as “far out of the mainstream ... Pryor has attacked federal environmental protections on the basis of his radical states’ rights philosophy.” In 2001 Pryor filed an amicus brief to persuade the Supreme Court to revoke the US government’s authority to enforce the Endangered Species Act and prevent the destruction of red wolves. That same year Pryor also filed an amicus brief to urge the Supreme Court to strip the federal government of its power to enforce the Clean Water Act in order to protect wetlands. [Atlanta Journal-Constitution, 242

6/11/2003; Sierra Club Open Letter to Senators Specter and Leahy, 4/20/2005]  Pryor Said Congress Has No Role in Education or Controlling Crime. “Congress, for example, should not be in the business of public education nor the control of street crime,” Pryor said. [William Pryor Address before the Federalist Society for Law and Public Policy, 11/12/99]  Pryor Denounced Miranda Ruling As “Judicial Activism.” “And in this term the Rehnquist Court issued two awful rulings that preserved the worst examples of judicial activism: Miranda v. Arizona and Roe v.Wade,” Pryor said. [William Pryor Address before the Federalist Society for Law and Public Policy, 6/11/00]  Pryor Defended Big Tobacco. “In 1996, our task force in Alabama found that all of the best economic studies concluded that smokers, as a group, do not impose the cost of their habit on the government… the premature deaths of smokers actually save the government the cost of Social Security, pensions, and nursing home payments,” Pryor said. [Remarks at Seaton Hall Law School Symposium, 2001]  NAACP Opposed Pryor. The NAACP opposed the Pryor nomination referring to him as a “right-wing extremist.” [NAACP Legislative Report Card, 2003-04]  League of Conservation Voters Opposed Pryor. Few nominees have boasted stronger anti-environmental credentials than Alabama Attorney General William H. Pryor, nominated in April 2003 for a lifetime seat on the U.S. Court of Appeals for the Eleventh Circuit, which handles appeals from federal district courts in Florida, Georgia and Alabama. [www.LCV.org] XXXX Voted to Invoke Cloture on the Confirmation of Carolyn B. Kuhl. In 2003, XXXX voted to invoke cloture on President Bush’s nomination of Carolyn B. Kuhl of California to be a judge for the U.S. Court of Appeals for the 9th Circuit. The NAACP opposed the Kuhl nomination referring to her as a “right-wing extremist.” [Vote 451, 11/14/03; NAACP Legislative Report Card, 2003-04] XXXX Supported the Confirmation of Janice Rogers Brown. Since 2003, XXXX has consistently voted to confirm President Bush’s nomination of Janice R. Brown of California to the U.S. Court of Appeals for the District of Columbia Circuit. [Vote 130, 6/8/05; Vote 131, 6/7/05; Vote 452, 11/14/03]  Brown Has Said That New Deal Marked “The Triumph Of Our Own Socialist Revolution.” Brown has said that 1937, the year that the U.S. Supreme Court upheld provisions of the New Deal, marked “the triumph of our own socialist revolution.” [Brown Speech, 4/20/00; Legal Times, 5/2/05]  Brown Has Said Seniors “Blithely Cannibalize Their Grandchildren Because They Have a Right to Get…Free Stuff.” Brown said, “Today’s senior citizens blithely cannibalize their grandchildren because they have a right to get as much free stuff as the political system will allow them to extract.” [Orange County Register, 5/19/05] XXXX Voted to Confirm D. Brooks Smith As 3rd U.S. Circuit Court Of Appeals Judge, Despite Opposition From Civil Rights Groups And Feminists. In 2002, XXXX voted in favor of the confirmation of Bush’s nomination of D. Brooks Smith of Pennsylvania to be a judge for the 3rd U.S. Circuit Court of Appeals. Civil rights groups, feminist organizations and environmental lobbyists opposed his nomination. Smith remained in an all-male sporting club for 11 years after testifying before the Judiciary Committee in his 1988 confirmation hearing he would leave if the club did not change its bylaws banning women. "He acknowledged that continuing there would be inconsistent with ethical rules, but he continued to serve there," Judiciary Chairman Patrick J. Leahy, D-Vt., said. "He didn't resign until 1999, and then only after this vacancy on the 3rd Circuit opened up." Democrats also criticized Smith for waiting to remove himself from a case involving a bank where his wife was a vice president and they questioned trips he accepted from organizations pursuing relaxed environmental regulations. [Vote 202, 7/31/02; Associated Press, 7/31/02; Congressional Quarterly Daily Monitor, 7/31/02] 243

XXXX Voted to Confirm W. Shedd, Who Was Accused of Insensitivity Towards Civil Rights, as 4th U.S. Circuit Court of Appeals Judge. In 2002, XXXX voted to confirm President Bush's controversial nomination of Dennis W. Shedd of South Carolina to be a judge for the 4th U.S. Circuit Court of Appeals, despite accusations that the South Carolina federal judge had been insensitive in civil rights and employment discrimination cases. [Vote 250, 11/19/02; Associated Press, 11/1902] U.S. ATTORNEY XXXX Voted Against a No Confidence Resolution Against Gonzales. XXXX voted against a no confidence resolution against Attorney General Alberto Gonzales. [Vote 207, 6/11/07; AP, 6/12/07] XXXX Voted to Confirm Alberto R. Gonzales. In 2005, XXXX voted to confirm President Bush’s nomination of Alberto R. Gonzales of Texas to be Attorney General. [Vote 3, 2/3/05] XXXX Voted To Confirm John Ashcroft To Be U.S. Attorney General. In 2001, XXXX voted to confirm the nomination of John Ashcroft, of Missouri, to be Attorney General of the United States. [2/1/01, Vote 8] OFFICIALS XXXX Voted For Power Nomination As Ambassador To The United Nations. In August 2013, XXXX was one of only ten senators to vote against the confirmation of President Barack Obama's nomination of Samantha Power of Massachusetts to be the U.S. ambassador to the United Nations. Power was confirmed by a vote of 87-10 (D 51- 0; R 34-10; I 2-0). [Vote 200, 8/1/13] XXXX Voted Against Nomination Of EPA Administrator. In July 2013, XXXX voted against confirmation of President Barack Obama's nomination of Gina McCarthy of Massachusetts to be EPA administrator. She was confirmed by a vote of 59-40 (D 51-1; R 6-39; I 2-0). [Vote 180, 7/18/13]  XXXX Voted Against Ending Filibuster OF EPA Administrator Nomination. In July 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on President Barack Obama's nomination of Gina McCarthy of Massachusetts to be EPA administrator. The motion was agreed to by a vote of 69-31 (D 51-1; R 16-30; I 2-0). [Vote 179, 7/18/13] XXXX Voted Against Confirming Consumer Financial Protection Director. In July 2013, XXXX voted against confirmation of President Barack Obama's nomination of Richard Cordray of Ohio to be director of the Consumer Financial Protection Bureau. The confirmation was confirmed by a vote of 66-64 (D 52-0; R 12-34; I 2-0). According to the Los Angeles Times, “That means that bureau rules and enforcement actions designed to protect consumers from risky mortgages, misleading credit card marketing, abusive debt collection and other questionable financial practices won't be in danger of being overturned because of legal questions about Cordray's controversial recess appointment in 2012… The financial reform law gave the bureau authority over a wide range of financial products and services, including debt collection, payday loans and others that have mostly eluded federal regulation. Nearly all congressional Republicans and much of the financial industry opposed the bureau as a government overreaction, and they fought hard to reduce its power.” [Vote 174, 7/16/13; Los Angeles Times, 7/16/13]  XXXX Voted Against Ending Years-Long Filibuster Of Cordray. In July 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on President Barack Obama's nomination of Richard Cordray of Ohio to be director of the Consumer Financial Protection Bureau. The motion was agreed to by a vote of 71-29 (D 52-0; R 17-29; I 2-0). According to the Cincinnati Enquirer, “The Senate confirmed Richard Cordray to lead the Consumer Financial Protection Bureau Tuesday, after Senate Republicans ended their years-long filibuster of the former Ohio attorney general.” [Vote 173, 7/16/13; Cincinnati Enquirer, 7/17/13] 244

XXXX Voted Against Confirming Chuck Hagel As Secretary Of State. In February 2013, XXXX voted against confirming Chuck Hagel of Nebraska to be secretary of Defense. He was confirmed by a vote of 58-41 (D 52-0; R 4-41; I 2-0). [Vote 24, 2/26/13]  Twice, XXXX Voted Against Ending Filibuster On Nomination Of Chuck Hagel To Be Secretary of Defense. In February 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on President Barack Obama's nomination of Chuck Hagel of Nebraska to be secretary of Defense. The motion was agreed to by a vote of 71-27 (D 51-0; R 18-27; I 2-0). On Feb. 14, 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on President Barack Obama's nomination of Chuck Hagel of Nebraska to be secretary of Defense. That motion was rejected by a vote of 58-40. [Vote 23, 2/26/13; Vote 21, 2/14/13] XXXX Voted For Power Nomination As Ambassador To The United Nations. In August 2013, XXXX was one of only ten senators to vote against the confirmation of President Barack Obama's nomination of Samantha Power of Massachusetts to be the U.S. ambassador to the United Nations. Power was confirmed by a vote of 87-10 (D 51- 0; R 34-10; I 2-0). [Vote 200, 8/1/13] XXXX Voted Against Nomination Of EPA Administrator. In July 2013, XXXX voted against confirmation of President Barack Obama's nomination of Gina McCarthy of Massachusetts to be EPA administrator. She was confirmed by a vote of 59-40 (D 51-1; R 6-39; I 2-0). [Vote 180, 7/18/13]  XXXX Voted Against Ending Filibuster OF EPA Administrator Nomination. In July 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on President Barack Obama's nomination of Gina McCarthy of Massachusetts to be EPA administrator. The motion was agreed to by a vote of 69-31 (D 51-1; R 16-30; I 2-0). [Vote 179, 7/18/13] XXXX Voted Against Confirming Bernanke to a Second Term as Head of the Federal Reserve. In January 2010, XXXX voted against confirming Ben S. Bernanke to a second term as head of the Federal Reserve. Bernanke has drawn fire from both parties for the Fed’s role in the bailouts, amid increasing public anger over the government’s response to the financial crisis. But the Fed chairman has also been hailed as the man who saved America from a second Great Depression. He was Time magazine’s Man of the Year for 2009. Bernanke was confirmed by a vote of 70-30, after the Senate first voted 77-23 to limit debate on his nomination. [CQ Today, 1/28/10; Cloture: Vote 15, 1/28/10; Confirmation: Vote 16, 1/28/10] XXXX Twice Voted to Allow a Vote on John Bolton’s Nomination to be Ambassador to the UN. In 2005,XXXX voted on two separate occasions to end debate on John Bolton’s nomination to be US Ambassador to the United Nations. Bolton’s nomination was delayed because the Bush Administration refused to turn over “documents related to Bolton's handling of classified information and his role in preparing congressional testimony about Syria in 2003.” [5/26/05, Vote 129; 6/20/05, Vote 142; Washington Post, 5/27/05] XXXX Voted to Confirm John R. Bolton, Who Was Criticized For Opposing Non-Proliferation Treaties. In 2001, XXXX voted to confirm John R. Bolton to be Under Secretary of State for Arms Control and International Security Affairs. During his hearing before the committee, Bolton came under fire from Democrats for speaking out against treaties such as the 1972 Anti-Ballistic Missile Treaty and the 1996 Comprehensive Nuclear Test Ban Treaty. Before being tapped by President George W. Bush for the security post, Bolton served as vice president of the American Enterprise Institute, a conservative research organization in Washington. [5/8/01, Vote 92; Associated Press, 5/8/01] XXXX Voted to Confirm Gale Norton As Secretary Of The Interior. In 2001, XXXX voted for the nomination of Gale A. Norton, of Colorado, to be Secretary of Interior. Norton’s nomination was strongly opposed by environmentalists for her work as a lobbyist for NL Industries working on lead paint issues, her support for drilling for oil in the Alaska National Wildlife Refuge (ANWR), and her support of changing land-use rules for national monuments, which would allow more oil and gas drilling. Sierra Club executive director Carl Pope said Norton “would be a natural disaster as Interior Secretary.” [1/30/01, Vote 6; www.sierraclub.org; www.lcv.org] 245

XXXX Voted to Confirm John Negroponte. In 2005, XXXX voted to confirm President Bush’s nomination of John D. Negroponte of New York to be director of national intelligence. [4/21/05, Vote 107] XXXX Voted to Confirm Stephen Johnson. In 2005, XXXX voted to confirm Stephen L. Johnson of Maryland to be administrator of the Environmental Protection Agency [4/29/05, Vote 115] XXXX Voted to Confirm Michael Chertoff. In 2005, XXXX voted to confirm President Bush's nomination of Michael Chertoff of New Jersey to be Secretary of Homeland Security. [2/15/05, Vote 10] XXXX Voted To Confirm Asa Hutchinson To Be Administrator Of Drug Enforcement. In 2001, XXXX voted to confirm the nomination of Asa Hutchinson, of Arkansas, to be Administrator of Drug Enforcement. [8/1/01, Vote 264] XXXX Voted To Confirm Gordon England As Deputy Secretary For Homeland Security Department. In 2003, XXXX voted to confirm President Bush's nomination of Gordon England of Texas as deputy secretary for the Homeland Security Department. [1/30/03, Vote 29] XXXX Voted to Confirm Condoleezza Rice. In 2005, XXXX voted to confirm President Bush's nomination of Condoleezza Rice of California to be Secretary of State. [1/26/05, Vote 2] XXXX Voted to Confirm the Nomination of John D. Negroponte. In 2004, XXXX voted to confirm President Bush's nomination of John D. Negroponte of New York to be Ambassador to Iraq. [5/6/04, Vote 85] XXXX Voted To Confirm Porter Goss. In 2004, XXXX voted for the confirmation of President Bush's nomination of Porter J. Goss of Florida to be director of central intelligence. [9/22/04, Vote 187] XXXX Voted To Confirm Francis J. Harvey. In 2004, XXXX voted for the confirmation of President Bush's nomination of Francis J. Harvey of California to be secretary of the Army. [11/16/04, Vote 212] XXXX Voted For Tom Ridge Nomination to Secretary of Homeland Security Department. In 2003, XXXX voted to confirm President Bush's nomination of Tom Ridge of Pennsylvania to be secretary of Homeland Security. [1/22/03, Vote 13] XXXX Voted To Confirm Ross Owen Swimmer For The Office Of Special Trustee For American Indians In The Interior Department. In 2003, XXXX voted for the confirmation of President Bush’s nomination of Ross Owen Swimmer of Oklahoma to be special trustee for the Office of Special Trustee for American Indians in the Interior Department. Swimmer, a former principal chief of the Cherokee Nation of Oklahoma, was serving as director of the Office of Indian Trust Transition in the U.S. Department of Interior, a “post that helped generate some of the opposition to his nomination,” the Tulsa World reported. Some Democrats questioned whether Swimmer could be independent enough. [4/10/03, Vote 133; Tulsa World, 4/11/03] XXXX Did Not Vote In The Confirmation Vote for R. Hewitt Pate. In 2003, XXXX did not vote in the confirmation vote to confirm President Bush's nomination of R. Hewitt Pate of Virginia to be an assistant attorney general. [6/13/03, Vote 226] XXXX Voted to Invoke Cloture on the Confirmation of Thomas C. Dorr. In 2003, XXXX voted to invoke cloture (thus limiting debate) on President Bush's nomination of Thomas C. Dorr of Iowa to be undersecretary of Agriculture for rural development. [11/18/03, Vote 454] XXXX Voted to Invoke Cloture on the Confirmation of Thomas C. Dorr. In 2003, XXXX voted to invoke cloture (thus limiting debate) on President Bush's nomination of Thomas C. Dorr of Iowa to be a member of the board of directors of the Commodity Credit Corp. [11/18/03, Vote 455] 246

XXXX Voted to Invoke Cloture on Richard H. Carmona. In 2002, XXXX voted for a motion to invoke cloture (thus limiting debate) on the nomination of Richard H. Carmona to be surgeon general. [7/23/02, Vote 185] XXXX Voted To Confirm Mitch Daniels To Be Director Of The Office Of Management And Budget. In 2001, XXXX voted to confirm the nomination of Mitchell E. Daniels, Jr., of Indiana, to be Director of the Office of Management and Budget. [1/23/01, Vote 1] XXXX Voted To Confirm Anthony J. Principi To Be Secretary Of Veterans Affairs. In 2001, XXXX voted to confirm the nomination of Anthony J. Principi, of California, to be Secretary of Veterans Affairs. [1/23/01, Vote 2] XXXX Voted To Confirm Mel Martinez To Be Secretary Of Housing And Urban Development. In 2001, XXXX voted to confirm the nomination of Melquiades R. Martinez, of Florida, to be Secretary of Housing and Urban Development. [1/23/01, Vote 3] XXXX Voted To Confirm Tommy Thompson To Be Secretary Of Health And Human Services. In 2001, XXXX voted to confirm the nomination of Governor Tommy G. Thompson, of Wisconsin, to be Secretary of Health and Human Services. [1/24/01, Vote 4] XXXX Voted To Confirm Norman Y. Mineta To Be Secretary Of Transportation. In 2001, XXXX voted to confirm the nomination of Norman Y. Mineta, of Maryland, to be Secretary of Transportation. [1/24/01, Vote 5] XXXX Voted To Confirm Christie Todd Whitman To Be EPA Administrator. In 2001, XXXX voted to confirm the nomination of Christie Todd Whitman, of New Jersey, to be Administrator of the Environmental Protection Agency. [1/30/01, Vote 7] XXXX Voted To Confirm Robert B. Zoellick To Be U.S. Trade Representative. In 2001, XXXX voted to confirm the nomination of Robert B. Zoellick, of Virginia, to be United States Trade Representative, with the rank of Ambassador. [2/6/01, Vote 9] XXXX Voted To Confirm Joe M. Allbaugh As FEMA Director. In 2001, XXXX voted to confirm the nomination of Joe M. Allbaugh, of Texas, to be Director of the Federal Emergency Management Agency. [2/15/01, Vote 13] XXXX Voted To Confirm John M. Duncan To Be Deputy Undersecretary Of Treasury. In 2001, XXXX voted to confirm the nomination of John M. Duncan, of the District of Columbia, to be Deputy Undersecretary of Treasury. The nomination was confirmed, 94-0. [2/28/01, Vote 14] XXXX Voted To Confirm Howard H. Baker To Be Ambassador To Japan. In 2001, XXXX voted to confirm the nomination of Howard H. Baker, of Tennessee, to be Ambassador to Japan. [HR 1836, 5/23/01, Vote 166] XXXX Voted For The Nomination Of Theodore Olson To Be Solicitor General Of The U.S. In 2001, XXXX voted to confirm Theodore Bevry Olson, of the District of Columbia, to be Solicitor General of the United States. [5/24/01, Vote 167] XXXX Voted To Confirm Viet Phung Dong Dinh To Be An Assistant Attorney General. In 2001, XXXX voted to confirm the nomination of Viet Phung Dong Dinh, of the District of Columbia, to be an Assistant Attorney General. [5/24/01, Vote 168] XXXX Voted To Confirm Michael Chertoff To Be An Assistant Attorney General. In 2001, XXXX voted to confirm the nomination of Michael Chertoff, of New Jersey, to be an Assistant Attorney General. [5/24/01, Vote 169] XXXX Voted To Confirm Roger W. Ferguson, Jr. To Be A Member Of The Board Of Governors. In 2001, XXXX voted to confirm the nomination of Roger W. Ferguson, Jr., of Massachusetts, to be a Member of the Board 247

of Governors of the Federal Reserve System for a term of 14 years. [7/19/01, Vote 243] XXXX Voted To Confirm Sarah V. Hart To Be Director Of The National Institute Of Justice. In 2001, XXXX voted to confirm the nomination of Sarah V. Hart, of Pennsylvania, to be Director of the National Institute of Justice. [8/2/01, Vote 271] XXXX Voted To Confirm Robert S. Mueller, III, To Be Director Of The FBI. In 2001, XXXX voted to confirm the nomination of Robert S. Mueller, III, to be Director of the Federal Bureau of Investigation. [8/2/01, Vote 272] XXXX Voted To Confirm The Nomination Of Alan Greenspan As Federal Reserve Chairman. In 2000, XXXX voted to confirm the nomination of Alan Greenspan, of New York, to be Chairman of the Board of Governors of the Federal Reserve System for a term of four years. The nomination was confirmed, 89-4. [Vote 6, 2/3/00] XXXX Voted To Confirm Danny Lee McDonald To Be A Member Of The Federal Election Commission. In 2000, XXXX voted to confirm the nomination of Danny Lee McDonald, of Oklahoma, to be a Member of the Federal Election Commission. Confirmation. The nomination was confirmed, 98-1. [Vote 108, 5/24/00] XXXX Voted in Favor of the Nomination of Bradley A. Smith to the FEC, Opposed Limits to Campaign Contributions. In 2000, XXXX voted to nominate Bradley A. Smith, of Ohio, to be a Member of the Federal Election Commission. Smith was opposed because he opposed any limits on campaign contributions. “The Senate has made a weak and ineffective agency even worse [by Smith’s confirmation],” said Scott Harshbarger, the president of Common Cause. [Vote 107, 5/24/00; Associated Press, 5/25/00] 248

SOCIAL SECURITY AND PENSIONS HIGHLIGHTS  THE XXXX RECORD SOCIAL SECURITY XXXX Voted to Repeal the 1993 Social Security Tax Increase. In 2005, XXXX voted for an amendment that would repeal the 1993 tax increase on Social Security and increase the five-year tax cut reconciliation instruction figure by $63.9 billion. The same day, he voted to express the Sense of the Senate that the tax cut package should include the repeal of the 1993 income tax increase on Social Security benefits. In 2003, XXXX voted for an amendment that would express the sense of the Senate that the 1993 tax increase on Social Security benefits should be repealed. [Vote 74, 3/17/05; Vote 73, 3/17/05; Vote 148, 5/15/03]  XXXX Voted Against Proposal to Repeal 1993 Social Security Tax Hike By Cutting Taxes for the Wealthy. In 2003, XXXX voted against an amendment that would repeal the 1993 income tax increase on Social Security benefits. It would be offset by eliminating from the 2003 Bush tax cut (the “Jobs and Growth Tax Relief Reconciliation Act of 2003”) the provision related to dividend tax cuts and upper income tax rate reductions. [Vote 149, 5/15/03; Associated Press, 5/15/03] XXXX Voted Against Democrats’ Call to Reject Any Social Security Plan that Requires Deep Benefit Cuts; Voted for GOP Call to Do the Same. In 2005, XXXX voted against a Democratic amendment that would express the sense of the Senate that Congress should reject any Social Security plan that “requires deep benefit cuts or a massive increase in debt.” It also would urge Congress to take action to address Social Security solvency. But XXXX voted for a GOP amendment that would express the sense of the Senate that Congress should reject any Social Security plan “that requires deep benefit cuts or a massive increase in debt,” and that a failure to act would result in much higher debt, benefit cuts and tax increases. [Vote 49, 3/15/05; Vote 48, 3/15/05] XXXX Voted for Tax Cuts Over Social Security. In 2005, XXXX voted against an amendment that would make the consideration of new tax cuts or net mandatory spending that would increase the deficit subject to a 60-vote point of order unless Congress restored the solvency of Social Security for 75 years. [Vote 47, 3/15/05] XXXX Voted To Allow Using the Social Security Trust Fund to Pay Off the National Debt. In 2003, XXXX voted to kill an amendment that would prevent use of the Social Security Trust Fund to pay off any of the federal debt. [Vote 201, 5/23/03] XXXX Voted against Expressing the Sense of The Senate That Social Security COLAs Should Not Be Reduced. In 2003, XXXX voted against an amendment that would express the sense of the Senate that cost-of- living adjustments for Social Security recipients should not be reduced. [Vote 198, 5/23/03] XXXX Voted to Repeal A Tax Increase On Social Security Benefits; Would Have Increased Tax Cuts By $145.6 Billion. In 2003, XXXX voted for an amendment that would increase tax cuts in the resolution by $145.6 billion by repealing the 1993 Social Security benefits tax increase. [Vote 94, 3/25/03] XXXX Voted Against Cutting Bush Tax Cut In Half, To $350 Billion, With Savings Going To Social Security Reserve And Deficit Reduction. In 2003, XXXX voted against cutting Bush’s proposed $726 billion tax cut in half, to $350 billion, and allocate the funding to a new Social Security reserve account and deficit reduction. The amendment would reduce tax cuts in the resolution to $350 billion and allocate $120 billion of the subsequent 249

increased revenues toward a new Social Security reserve account, with the remainder going toward deficit reduction [Vote 93, 3/25/03] XXXX Voted Against Eliminating $1.2 Billion From Bush Tax Cuts, and Putting the Savings Into Social Security. In 2003, XXXX voted to table an amendment that would have reduced the 10-year Bush tax cut by $1.2 trillion and put the money towards Social Security and deficit reduction. The president’s $726 billion economic package was included in that amount. [Vote 58, 3/18/03; Associated Press, 3/18/03] XXXX Voted Against Using the Social Security Trust Fund to Make Tax Cuts Permanent. In 2002, XXXX voted for an amendment that would express the sense of the Senate that no Social Security surplus funds should be used to pay for making currently scheduled tax cuts permanent. The substitute amendment would reauthorize federal agriculture programs for five years, including a dairy provision that would authorize $2 billion in direct federal subsidies to milk producers. It also would re-establish programs that supply payments to farmers when commodity prices fall below a specified level. [S 1731, Vote 27, 2/13/02] XXXX Opposed A Move That Would Reduce Upper-Bracket Tax Cuts And Create A Strategic Reserve For Social Security. In 2001, XXXX voted against committing the Tax Relief Act of 2001 to the Finance Committee with instructions to report the bill back within 3 days with changes to reduce the amount of tax relief for the top tax brackets and the amount of estate tax relief by a total of $350 billion, and to create a strategic reserve fund that would permit up to $350 billion in spending on legislation that extended the solvency of Social Security. [HR 1836, Vote 145, 5/22/01] XXXX Opposed Assuring Solvency of Social Security and Medicare. In 2001, XXXX voted against an amendment to delay the effective date of the tax rate reductions in the highest rate bracket until the enactment of legislation that would provide for long-term solvency of the Social Security and Medicare trust funds. [HR 1836, Vote 137, 5/22/01] XXXX Voted to Put Tax Cuts Ahead of Saving Social Security and Medicare. In 2001, XXXX voted against an amendment to strike all marginal tax rate cuts in the bill except for the establishment of the 10 percent bracket, as well as all estate tax provisions taking effect after 2006, and use the savings to extend the solvency of Social Security and Medicare, as well as establish a prescription drug benefit. [HR 1836, Vote 122, 5/21/01] XXXX Voted For A GOP Amendment That Would Create Social Security And Medicare Lockboxes. In 2001, XXXX voted an amendment to enact budgetary rules (a "lockbox") to prevent Social Security funds and Medicare Part A funds from being used for non-Social Security or non-Medicare purposes. It would permit Social Security funds to be used to reform Social Security, and it would permit Medicare funds to be used to reform Medicare, including Part B of Medicare. [S 420, Vote 23, 3/13/01] XXXX Voted Against a Democratic Social Security “Lockbox.” In 2001, XXXX voted against an amendment to protect the Social Security and Medicare surpluses in a “lockbox” to prevent Congress from using these funds for unrelated purposes. Supporters of the amendment argued that steps should be taken to ensure Medicare’s solvency so America’s seniors will not be denied vital health assistance. [S 420, Vote 22, 3/13/01] XXXX Voted Against Increasing The Social Security Survivors’ Benefit. In 2000, XXXX voted against an amendment that would allow up to 5 years to be excluded from the 35-year average earnings calculation used in determining the level of Social Security benefits to which an individual was entitled if that individual earned little or no money in those years due to that individual's staying home to take care of a dependent or dependents. The amendment was rejected, 42-54. [Vote 192, 7/14/00] XXXX Voted For A GOP Amendment to Cut Taxes On Social Security Benefits. In 2000, XXXX voted for an amendment that would repeal the 1993 tax increase on Social Security recipients' benefits, which raised the percentage of benefits subject to taxation earned by single senior citizens with $34,000 or more in income to 85 percent (it was at 50 percent), and raised the percentage of benefits subject to taxation earned by married senior 250

citizens with $44,000 or more in income to 85 percent (it was at 50 percent). The amendment was agreed to, 58-41. [Vote 188, 7/13/00] XXXX Voted for A GOP Amendment To Add A Medicare/Social Security Lockbox. In 2000, XXXX voted for an amendment that would add a Medicare/Social Security lockbox (budgetary protection) to protect Social Security and Medicare Part A trust fund surpluses from being spent on non-Social Security or non- Medicare purposes. The measure would take the surpluses “off-budget,” excluding them from all budget calculations. The amendment was agreed to, 54-43. [Vote 163, 6/29/00] XXXX Voted Against A Democratic Amendment To Create A Medicare/Social Security Lockbox. In 2000, XXXX voted against an amendment that would add Medicare/Social Security "lockbox" (budgetary mechanism) protections intended to prevent Social Security surpluses and Medicare Part A trust fund surpluses from being spent on non- Social Security or non-Medicare purposes. The amendment was agreed to, 60-37. [Vote 162, 6/29/00] XXXX Voted Not to Clarify That Social Security Benefits Would Be Based On Age Limits. In 2000, XXXX voted to kill an amendment that would make changes in the bill and in the Social Security Act in order to clarify that eligibility for either reduced or full Social Security retirement benefits would be based on the applicable age limits rather than on retirement status. The motion to table was agreed to, 55-44. [Vote 41, 3/21/00] XXXX Voted for $792 Billion Tax Cut. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Robb amendment to S.1429, which was an amendment to prohibit the $792 billion in tax cuts in the bill over ten years from taking effect until legislation has been enacted to extend the solvency of Social Security through 2075 and Medicare through 2027. [Vote 229, 7/29/99]  XXXX Voted Against Future Solvency of Social Security and Medicare. In 1999, XXXX voted against efforts to protect the future solvency of both Social Security and Medicare. [Vote 228, 7/29/99]  XXXX Voted For Tax Cuts Instead of Paying Down the Debt. In 1999, XXXX voted for a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Abraham amendment to S.1429, which was an amendment to create Social Security lockbox. [Vote 227, 7/29/99] XXXX Voted to Cut Taxes Instead of Pay Down Debt. In 1999, XXXX voted to kill the Voinovich amendment to S.Con.Res.20, which was an amendment to strike the resolution’s proposed $320 billion in tax cuts over ten years and redirect the funds to debt reduction. [Vote 71, 3/25/99] XXXX Voted Against Protecting Social Security and Medicare. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Conrad amendment to S.Con.Res.20, which was an amendment to reserve 40 percent of the non-Social Security budget surplus to ensure the solvency of Medicare through 2020. This amendment would also establish a Senate point of order against spending money reserved for Social Security or Medicare. [Vote 61, 3/24/99] XXXX Voted Against Efforts to Protect Social Security. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Lautenberg amendment to S.Con.Res.20, which was an amendment to establish a Senate point of order against any measure that would increase spending or reduce taxes without offsets, until Congress enacts legislation to ensure the long-term solvency of Social Security and extend the solvency of Medicare by at least 12 years. [Vote 59, 3/24/99] XXXX Voted Against Balancing Budget Without Raiding Social Security Trust Fund. In 1998, XXXX Voted against balancing the budget without raiding the Social Security Trust Fund. [Vote 222, 7/22/98] XXXX Voted Against Requiring A 3/5 Majority Vote Senate for Any Bill Pertaining to Social Security. In 1998, XXXX voted against requiring a 3/5 majority vote in the Senate for any bill pertaining to Social Security. [Vote 58, 4/1/98] 251

XXXX Voted Against Excluding Social Security from Balanced-Budget Calculations. In 1997, XXXX voted to kill the Dorgan amendment to S.J.Res.1, which was also an amendment to exempt Social Security trust funds from budget calculations under the balanced-budget amendment. [Vote 17, 2/26/97] XXXX Voted Against Excluding Social Security from Balanced-Budget. In 1997, XXXX voted to kill the Reid amendment to S.J.Res.1, which was an amendment to exempt Social Security trust funds from budget calculations under the balanced-budget amendment. [Vote 14, 2/25/97] SOCIAL SECURITY PRIVATE ACCOUNTS XXXX Voted For Budget Amendment That Would Privatize Social Security. In March 2008, XXXX voted for a GOP budget amendment that Sen. Max Baucus described as “privatization of Social Security.” Arguing against the plan, Baucus added, “We all know that the volatility of the stock market is not the best thing for our seniors.” [Vote 65, 3/13/08; Baucus Floor Speech, 3/13/08] XXXX Voted for Amendment Designed to Divert Social Security Funds into Private Accounts. In 2006, XXXX voted for an amendment sponsored by Senator DeMint that would have diverted Social Security’s annual surpluses into a reserve fund that would have been used to set up private accounts. [Vote 68, 3/16/06] XXXX Cast Crucial Vote to Establish Private Social Security Accounts. In 1998, XXXX cast crucial vote in favor of establishing private Social Security accounts. [Vote 77, 4/2/98] XXXX Cast Crucial Vote To Establish Private Accounts for Social Security. In 1998, XXXX cast crucial vote for the Roth amendment to S.Con.Res.86, which was an amendment to express the sense of the Senate that the Senate Finance Committee should, in 1998, report legislation that would dedicate the federal budget surplus to the establishment of Social Security personal retirement accounts. [Vote 56, 4/1/98] PENSIONS XXXX Opposed Giving Workers Voice in Benefit Plan. In 2004, XXXX voted to kill an amendment that would have prohibited funds from being used for the protection of federally owned buildings unless the Department of Homeland Security ensured that private security firms contracted by the agency are required to get approval from their employees before changing employee benefits. [Vote 177, 9/14/04] XXXX Voted To Make it Easier for Companies to Reduce Pensions. In 2004, XXXX voted for a bill that would allow companies to reduce contributions to their pension plans by temporarily altering the formula used to calculate whether those contributions are sufficient to cover liabilities. The new formula would use a rate based on yields on a corporate bond index. The bill also would ease funding rules for about 4 percent of multi-employer pension plans, giving them a grace period to account for losses. [Vote 68, 4/8/04] XXXX Voted For Guaranteed Pensions for Workers. In 2004, XXXX voted for an amendment that would release the Pension Benefit Guaranty Corporation (PBGC) from obligations for any pension benefits accrued by workers at a company that terminates its pension plan while operating under a waiver from deficit reduction contribution requirements. If a plan fails more than two years after the relief period ends, the PBGC would insure the plan’s full obligations. The underlying substitute would temporarily replace the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements. XXXXX was one of only 25 Senators to oppose guaranteeing pensions. [Vote 4, 1/27/04] XXXX Voted to Allow US Airways to Extend Payout of Pension Plan. In 2003, XXXX voted in support of an effort to revise federal tax laws in order to give US Airways thirty years, instead of five yeas, to pay $3.1 billion in pension obligations to its pilots. The federal Pension Benefit Guaranty Corp. (PBGC), which manages the payment schedule, strongly opposed the US Airways waiver, saying it risked the retirement security plans for 44 million Americans that the fund protected. PBGC would take over US Airways’ pension plans if the airline were forced to liquidate. If that happened, pilots would face losing up to 75 percent of the anticipated retirement benefits, the Air 252

Line Pilots Association labor union said. AP reported that “lawmakers voted against adding the measure to the final bill, 64-31, fearing that it would give US Airways an unfair financial advantage at a time when other companies also are grappling with pension payments in the stagnant economy. The Arlington, Va.-based airline, the nation’s sixth largest, was the first to declare bankruptcy in the travel slump following the Sept. 11 terrorist attacks.” [Vote 18, 1/22/03; Associated Press, 01/22/03] XXXX Voted Against Efforts to Protect Pension Plans. In 1999, XXXX cast crucial vote against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Harkin amendment to S.1429, which was an amendment to prohibit employers from denying already accrued pension benefits after a company converts to a new pension plan. [Vote 245, 7/30/99] RAILROAD RETIREMENT XXXX Voted To Allow The Federal Railroad Pension System To Invest $15 Billion In Private Securities. In 2001, XXXX voted for a measure to allow the federal railroad pension system to invest about $15 billion in federal dollars in private securities. The bill would permit funds from the railroad retirement system to be invested in private-sector stocks and bonds. It would also increase railroad retirees’ benefits to bring them into line with private- sector pension plans. It would maintain assets at a level sufficient to pay benefits for 4 to 6 years; should assets fall below that floor or rise above that ceiling tax rates would be adjusted automatically. [HR 10, Vote 351, 12/5/01; National Journal's Congress Daily, 12/5/01] XXXX Voted to Against Requiring Railroad Payroll Tax Increases If Revenues Drop. In 2001, XXXX voted against triggering an automatic increase in railroad payroll taxes if the 5-year rolling average of Tier II reserves fell below the level necessary to pay 4 years' worth of benefits. [HR 10, Vote 348, 12/4/01] XXXX Voted Against An Amendment To Make Benefit Increases For Railroad Retirees Contingent On Excess Revenues. In 2001, XXXX voted against an amendment to the Comprehensive Retirement Security and Pension Reform Bill that would add that the payroll tax decreases and benefit increases in this bill could only be made to the extent that revenues in excess of currently projected revenues were realized. [HR 10, Vote 349, 12/4/01] XXXX Voted To Consider $15 Billion In Federal Railroad Pension Investments, In 2001, XXXX voted to consider a measure to allow the federal railroad pension system to invest about $15 billion in federal dollars in private securities, despite the loud complaints of fiscal conservatives about the accounting procedure used to prevent Congress from counting the money as an outlay. [HR 10, Vote 350, 12/5/01; National Journal's Congress Daily, 12/5/01] MISCELLANEOUS XXXX Voted For Older Americans Act To Expand Social Services For The Elderly. In 2000, XXXX voted to pass the Older Americans Act, which reauthorized, improved, and expanded Federal programs that provide social services for elderly Americans. The Act covered programs to help with housing, nutrition, employment, retirement, long-term care, protection from abuse and neglect, and community needs. The bill was designed to ensure flexibility, streamline services, target resources to rural areas, improve nutritional services, support family caregivers, and enhance the performance of senior employment agencies. The vote was to pass the Older Americans Act Amendments of 2000. Approximately $1.5 billion per year is appropriated to fund programs authorized under the Older American Act programs. [Vote 285, 10/26/00] XXXX Voted Against Requiring States And Non-Profits to Pass “Responsibility Tests” Before Receiving Grants For The Elderly. In 2000, XXXX voted against an amendment to require states and nonprofits to pass “responsibility tests” before they could receive federal Older Americans Act social service grants. The sponsor of the amendment claimed the National Council of Senior Citizens had misused funds in the past. The debate took on ideological overtones as GOP lawmakers fought for funding restrictions on the groups, which they believed were aligned too closely with Democrats. The vote was on an amendment to the Older Americans Act Amendments of 253

2000. [Vote 284, 10/26/00; Associated Press, 10/27/00; Congressional Quarterly Weekly, 10/27/00] XXXX Voted to Allow Seniors With Significant Retirement to Create Tax Breaks for Wealthy Americans. In 1998, XXXX voted for senior citizens with significant retirement income to roll over their IRA's to Roth IRAs creating a tax break for Americans who do not need one, provide a means by which people with retirement incomes over $100,000 a year can shelter income for their heirs and result in a decline in tax revenues in the next ten to fifteen years, at a time when the costs of entitlements will be increasing. [Vote 120, 5/6/98] XXXX Voted Against Funding for Federal Retiree Programs. In 1997, XXXX voted against $25.4 billion to fund the Treasury Department, the Executive Office of the President, federal construction and federal retiree programs. [Vote 264, 10/1/97] 254

SOCIAL ISSUES HIGHLIGHTS  THE XXXX RECORD SAME-SEX MARRIAGE XXXX Twice Voted For Constitutional Amendment to Ban Same Sex Marriage. In 2004 and 2006, XXXX voted for invoking cloture on a motion to propose a constitutional amendment that would ban gay marriage. [Vote 155, 7/14/04; Vote 163, 6/7/06; Pioneer Press, 6/11/06] XXXX Voted For Election Year Attempt to Ban Gay Marriage. In 2006, XXXX voted for invoking cloture on the motion to proceed to the Federal Marriage Amendment. [Vote 163, 6/7/06; CQ, 6/7/06] McConnell Voted For 2004 Constitutional Amendment to Ban Same Sex Marriage. In 2004, McConnell voted for moving forward with a constitutional amendment that would define marriage as consisting only of the union of a man and a woman. It would have provided that the U.S. Constitution or any state’s constitution could not be construed to require that marriage or any other constructs of marriage be conferred to any other union. [Vote 155, 7/14/04] GAY RIGHTS XXXX Voted Against Defense Authorization Bill And Repeal Of Don’t Ask, Don’t Tell Policy. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would authorize $725.7 billion in discretionary funding for defense programs in fiscal 2011. It also would repeal a 1993 law that codifies the "don't ask, don't tell" policy on military service by openly gay men and women. [CQ; Vote 238, 9/21/10] XXXX Voted Against Expanding Hate Crimes Legislation. In October 2009, XXXX voted against the conference report of the fiscal 2010 defense authorization bill that contained an expansion of federal hate crimes law to cover offenses committed on the basis of gender identity and sexual orientation, a goal long sought by Democrats. The bill passed 68-29. [CQ Today, 10/22/09; Vote 327, 10/22/09] XXXX Voted Against Hate Crimes Bill. In September 2007, XXXX voted against an amendment to the Defense Authorizations bill that would have increased penalties for certain hate crimes. The amendment, offered by Senator Edward Kennedy would make violent crimes that cause bodily harm based on the victim's race, color, religion or national origin punishable by a fine and up to 10 years in prison, and punishable by a life sentence if the victim dies, is kidnapped or subjected to aggravated sexual abuse. It also would create the same penalties for crimes motivated by gender, sexual orientation, gender identity or disability. [Vote 350, 9/27/07; Concord Monitor, 9/30/07] XXXX Twice Voted Against Expanding Hate Crimes Definition to Include Sexual Orientation. In 2004, XXXX voted against classifying crimes motivated by the victim’s gender, sexual orientation or disability as hate crimes. McConnell also voted against expanding federal hate crimes legislation to include sexual orientation in 2000. [Vote 114, 6/15/04] XXXX Voted for the Judicial Nomination of Timothy M. Tymkovich, Who Defended An Anti-Gay Colorado Initiative With Anti-Gay Rhetoric. In 2003, XXXX voted to confirm President Bush’s nomination of Timothy M. Tymkovich of Colorado to be a judge for the U.S. Court of Appeals for the 10th Circuit. Tymkovich drew 255

criticism from gay-rights advocates because of a law journal article Tymkovich wrote after the Supreme Court overturned a Colorado voter initiative known as Amendment 2, which struck down protections for gays and lesbians. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy, D-Vt., said he had no problem with Tymkovich’s advocacy of the initiative in the courts but said the article went beyond legal advocacy and “seems replete with heavy anti-homosexual rhetoric.” [Vote 113, 4/1/03; AP, 4/1/03] PLEDGE OF ALLEGIANCE XXXX Voted to Defending The Constitutionality Of The Pledge Of Allegiance. In March 2003, XXXX voted to adopting a resolution expressing support for the Pledge of Allegiance and authorizing the Senate legal counsel to defend the constitutionality of the Pledge of Allegiance. [S Res 71, Vote 39, 3/4/03] XXXX Voted to Reaffirm the Pledge of Allegiance. In June 2002, XXXX voted for a bill that would reaffirm the Pledge of Allegiance and the reference to "one nation under God" as well as the national motto of "In God We Trust." [S 2690, Vote 166, 6/27/02] XXXX Voted to Support the Pledge of Allegiance. In June 2002, XXXX voted for a resolution expressing support for the Pledge of Allegiance and authorizing the Senate Legal Counsel to defend the constitutionality of the Pledge of Allegiance. [S Res 292, Vote 163, 6/26/02] FLAG BURNING XXXX Voted For A Constitutional Amendment To Ban Flag Desecration. In 2000, XXXX voted for the Flag Protection Constitutional Amendment. As reported, the amendment would propose for ratification the following: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” [Vote 48, 3/29/00] XXXX Voted Against An Amendment To Provide Statutory Punishments For Flag Desecration With Intent To Incite Violence. In 2000, XXXX voted against an amendment that would enact a statute instead of a constitutional amendment. Under the amendment, any person who destroyed or damaged a flag of the United States with the primary purpose and intent of inciting or producing imminent violence or a breach of the peace, in circumstances in which the person knew it was reasonably likely to produce imminent violence or a breach of the peace, could be fined up to $100,000 and imprisoned for up to 1 year. The amendment was rejected, 36-64. [Vote 45, 3/28/00] TERRI SCHIAVO STEM CELL RESEARCH / CLONING XXXX Voted Against Stem-Cell Bills Twice in Less Than a Year. In April 2007, XXXX voted against the Stem Cell Research Enhancement Act of 2007. The bill would have reversed Bush’s 2001 directive limiting federal funding of embryonic stem-cell research. It was nearly identical to a bill XXXX opposed in July 2006. [AP, 4/5/07; Vote 127, 4/11/07; Vote 206, 7/18/06; AP, 7/19/06] XXXX Voted for Human Embryo Ban. In 1998, XXXX voted to invoke cloture on S.1601, which was a bill to ban the creation of a human embryo through cloning. Cloture was not invoked, so the bill did not come to a vote. As such, this was the only vote on the issue. The cloture motion was rejected 42-54. [Vote 10, 2/11/98] NEEDLE EXCHANGE 256

XXXX Voted Against a Needle Exchange Program. In November 2001, XXXX voted against an amendment that would strike language in the bill that prohibits the use of any federal funds in the bill for any needle exchange programs. The amendment would insert language to prohibit the use of federal or local funds for needle exchange programs. [HR 2944, Vote 328, 11/7/01] XXXX Voted For A Measure To Prohibit Funding For Needle Exchange Programs. In 2000, XXXX voted for the District of Columbia Appropriations Bill for fiscal year 2001. The conference report banned the use of federal funds for the implementation of the District’s Domestic Partners Act and any needle exchange program for drug addicts. [Vote 289, 10/27/00] XXXX Voted to Prohibit Funds for Needle Exchange Programs. In 1999, XXXX voted for H.R.2587, the Fiscal Year 2000 District of Columbia Appropriations conference report, which included $17 million for a program to allow students from the District of Columbia to pay in-state tuition rates at public colleges and universities not in the District of Columbia, and provisions to prohibit the District of Columbia from spending federal, local or private funds on needle exchange programs, to legalize marijuana or reduce marijuana penalties. [Vote 279, 9/16/99] GAMBLING XXXX Voted to Extend Interstate Gambling Ban. In 1998, XXXX was one of 90 senators who voted for the Kyl amendment to S.2260, which was an amendment to “extend the current federal ban on interstate gambling on sports by telephone or wire to most other forms of gambling, including ‘virtual casinos’ that allow” gambling over the Internet. [Vote 229, 7/23/98; AP Online, 07/23/98] MISCELLANEOUS XXXX Voted to Increase Fines for Indecency Violations on Television and Radio. In June 2004, XXXX voted for an amendment that would provide that television or radio broadcasters could be penalized up to $275,000 per violation or day of violations for airing obscene, indecent or profane programming. It would provide that a broadcaster could be fined no more than $3 million for multiple violations. The underlying amendment includes identical language. [S 2400, Vote 134, 6/22/04] XXXX Voted to Require Anyone Involved in Fetal Tissue Research to Disclose Confidential Information. In 1999, XXXX voted to require any individual involved in fetal tissue research to disclose confidential information to the government, exposing doctors and scientists to anti-choice intimidation, harassment and possibly violence. [Vote 338, 10/21/99] 257

TAXES HIGHLIGHTS  THE XXXX RECORD BUSH TAX CUTS 2001 XXXX Voted For $1.2 Trillion Tax Cut. In 2001, XXXX voted for the FY 2002 budget resolution, which included a $1.188 trillion tax cut over the next 10 years. The legislation also included a Democratic plan for $85 billion in immediate tax rebates. The resolution fell short of Bush’s proposed $1.6 trillion tax cut. It also budgeted $2.624 trillion for debt reduction, as well as substantial increases in appropriated and mandatory spending, and a 7 percent increase in FY 2002 discretionary spending. [Vote 86, 4/6/01] XXXX Supported Bush2001 Tax Cut Plan. On May 26, 2001, XXXX voted for the H.R.1836 conference report, which reduced taxes by $1.35 trillion through 2010 with income tax rate cuts, relief of the marriage penalty, a phase-out of the federal estate tax, doubling the child tax credit, and providing incentives for retirement savings. A new ten percent tax rate was created retroactively to the start of 2001, and taxpayers would get one-time rebate checks of $300 for singles and $600 for couples. The bill would double the $500-per-child tax credit by 2010 and make it refundable. It raised the estate tax exemption to $1 million in 2002 and phased out the tax over ten years. [Vote 170, 5/26/01]  XXXX Voted For Senate Passage Of The 2001 Bush Tax Cut. XXXX voted for final passage of the Senate’s version of the Bush Tax Cut Plan. The bill provided a total of $1.347 trillion in tax cuts through fiscal year (FY) 2011, with its provisions due to sunset at the close of FY 2011. Every tax bracket was cut by the bill, except for the 15-percent bracket, which did not receive a rate reduction. [Vote 165, 5/23/01] XXXX Voted Against Cutting Top-Bracket Tax Cuts. XXXX voted against an amendment to the Tax Relief Act of 2001 that would have denied tax cuts for the 36-percent and 39.6-percent brackets until 2009, at which time it would make only a 1-point reduction in both. The amendment would also have made the two marriage penalty relief provisions in the bill that were to be phased in, take effect immediately. [Vote 112, 5/17/01] XXXX Cast Deciding Vote to Keep Tax Cut in Place for Higher Tax Brackets Instead of Giving Tax Relief to Lower Brackets. In 2001, XXXX cast one of the deciding votes against an amendment to the Tax Relief Act of 2001, that would have reduced and delayed the tax cuts. The bill, as introduced in the Senate, included many changes in income tax rates, but the “rate changes conspicuously omitted couples with taxable incomes between $12,000 and $45,000, who would continue to pay a 15 percent marginal rate.” Jean “Carnahan proposed to correct ‘this serious inequity’ by dropping the 15 percent rate to 14 percent, and providing for smaller reductions – 2 percentage points instead of 3 percentage points – for taxpayers in the higher brackets.” [Vote 116, 5/21/01; Baltimore Sun, 05/22/01] XXXX Voted For Cutting Taxes Before Reducing National Debt. On a narrow vote of 49-50, XXXX voted for continuing with a $1.3 trillion tax cut even before the U.S. met debt reduction targets. The amendment would have delayed tax and spending proposals until debt reduction targets were met. [Vote 118, 5/21/01] XXXX Voted Against Reducing Lowest Tax Bracket to 10% and Striking All Provisions of $1.35 Trillion Tax Cut Bill. In 2001, XXXX voted against striking all the tax rate reductions in Senate’s $1.35 trillion dollar tax 258

cut bill and decreasing the lowest income tax bracket from 15 percent to 10 percent. The vote was on a Graham amendment to the Tax Relief Act of 2001. [Vote 119, 5/21/01; St. Petersburg Times, 5/22/01] XXXX Voted Against a Smaller Tax Cut For Highest Incomes, Voted to Keep Repeal of Estate Tax. In 2001, XXXX voted against a smaller package of tax cuts than the trillion-plus dollar tax cut package. The measure included only a 1 percent reduction in the top tax bracket – which was 39 percent – and not a 3 percent reduction. The provision also eliminated the repeal of the estate tax and increased the value of an estate that would be exempt from the tax and exclude family-owned businesses. The savings would be used for debt relief and infrastructure improvements. [Vote 123, 5/21/01; Congressional Quarterly Daily Monitor, 5/21/02] XXXX Opposed Middle-Income Tax Cuts. XXXX, on May 21, 2001, voted against an amendment to limit the tax reduction in the 39.6 percent marginal rate bracket to one percentage point, to 38.6 percent, and increase the maximum taxable income subject to the 15 percent rate. This was an amendment to increase tax cuts in the bill for moderate-income families, with the increase in tax cuts for this group offset by a reduction in tax cuts for the wealthiest Americans. [Vote 126, 5/21/01] XXXX Opposed Expanding Tax Breaks for Middle-Income Americans. XXXX, on May 22, 2001, voted against an amendment to increase the amount of income covered by the 10 percent tax bracket, with the change offset by striking the reduction in the top tax rate. [Vote 133, 5/22/01] XXXX Opposed Slow Phase In of Top-Bracket Tax Cuts. In 2001, XXXX voted against phasing in tax relief for the top bracket at a slower rate than in the bill and would provide a smaller total reduction. It would reduce the rate to 39.1 percent in 2002, to 39 percent in 2007, to 38 percent in 2009, and to 37 percent in 2011. It would use the increased amount collected in taxes to exempt taxpayers with less than $100,000 in income from the alternative minimum tax (AMT). The amendment was rejected, 46-53. [Vote 138, 5/22/01] XXXX Voted Against Scaling Back Upper-Bracket Tax Cuts And Increase The Standard Deduction. In 2001, XXXX voted against reducing the 39.6- percent and 36-percent tax rates by only 1 point each, to 38.6 percent and 35 percent, respectively (the bill would reduce them to 36 percent and 33 percent). It would use the additional amount collected in taxes to increase the standard deduction by $600 in 2005 and by $1,600 in 2007. The amendment would also increase the standard deduction to $1,500 for single taxpayers and $3,000 for couples. [Vote 141, 5/22/01; Vote 142, 5/22/01] XXXX Voted Against Increasing The Top Tax Rate To Offset Spending Above Caps. In 2001, XXXX voted against directing the Secretary of the Treasury to increase the top tax rate by the amount necessary in fiscal year (FY) 2002 to offset any spending that is enacted that exceeds the spending cap for FY 2002 in the 2001 Budget Resolution. [Vote 147, 5/22/01] XXXX Opposed Limiting The Top Tax Rate Cut And Expanding The 15-Percent Bracket. In 2001, XXXX voted against reducing the highest marginal tax rate by just one point, to 38.6 percent (the bill would gradually reduce it to 36 percent) and would expand the 15-percent tax bracket. The amendment was rejected, 50-50. [Vote 149, 5/22/01] XXXX Voted Against Assisting Small Businesses and Farmers by Accelerating Part of the Estate Tax Repeal. In 2001, XXXX voted against an amendment that would accelerate the increase in the estate tax exemption to $4 million per individual, to take effect in fiscal 2002. It would be offset by adjusting the reduction in the top tax rate. [Vote 151, 5/22/01] XXXX Voted Against Increasing The Top Tax Rate While Fixing AMT. In 2001, XXXX voted against an amendment extending certain expiring tax provisions, indexing the alternative minimum tax for inflation, and instructing the Secretary of the Treasury to increase the top tax rate by the amount necessary to offset the cost. [Vote 163, 5/23/01] 2002 259

XXXX Voted Against a Smaller Tax Cut For Highest Incomes, Voted to Keep Repeal of Estate Tax. In 2001, XXXX voted against a smaller package of tax cuts than the trillion-plus dollar tax cut package. The measure McConnell voted against included only a 1 percent reduction in the top tax bracket – which was 39 percent – and not a 3 percent reduction. The provision also eliminated the repeal of the estate tax and increased the value of an estate that would be exempt from the tax and exclude family-owned businesses. The savings would be used for debt relief and infrastructure improvements. The vote was on an amendment to the Tax Relief Act of 2001. [HR 1836, Vote 123, 5/21/01; Congressional Quarterly Daily Monitor, 5/21/02] XXXX Voted Against Using the Social Security Trust Fund to Make Tax Cuts Permanent. In February 2002, XXXX voted for an amendment that would express the sense of the Senate that no Social Security surplus funds should be used to pay for making currently scheduled tax cuts permanent. The substitute amendment would reauthorize federal agriculture programs for five years, including a dairy provision that would authorize $2 billion in direct federal subsidies to milk producers. It also would re-establish programs that supply payments to farmers when commodity prices fall below a specified level. [S 1731, Vote 27, 2/13/02] 2003 XXXX Voted For 2003 Bush Tax Cuts. In May 2003, XXXX voted for the initial Senate version of a bill that cut taxes by $350 billion over 11 years, and suspended all taxes on stock dividends for three years” The bill cut dividend taxes in half in 2003 and suspended them entirely from 2004-2006 at a total cost of $124 billion. Democrats criticized the dividend tax suspension, saying it would come at the expense of married couples whose tax breaks were scaled back. Reductions in individual income tax rates already in place would be accelerated. [Vote 179, 5/15/03; AP, 5/15/03] XXXX Cast Crucial Vote for Bush’s Final 2003 Tax Cut Package. In May 2003, XXXX cast a crucial vote to approve the final version of President Bush’s $330 billion tax cut plan, which passed 50-50 with Vice President Cheney breaking the tie. Democrats, who were largely shut out of negotiations over the bill, said the bill would put the government deeper into debt. The bill benefited taxpayers with income from investments, lowering taxes on capital gains and stock dividends to 15% Previously, investors paid as much as 38.6% tax on dividends and 20% on capital gains. The bill also accelerated the 2001 income tax cuts. [Pioneer Press, 5/24/03; Vote 196, 5/23/03; AP, 5/23/03] XXXX Voted Against Eliminating $1.2 Billion From Bush Tax Cuts and Putting the Savings Into Social Security. In March 2003, XXXX voted to table an amendment that would have reduced the 10-year Bush tax cut by $1.2 trillion and put the money towards Social Security and deficit reduction. The amendment was killed 57-42. [Vote 58, 3/18/03; AP, 3/18/03] XXXX Voted Against Eliminating All Of The Bush Tax Cuts. In March 2003, XXXX voted against striking $1.34 trillion in tax cuts from the budget resolution. The amendment was rejected 22-77. [Vote 69, 3/21/03; CQ Today, 3/21/03] XXXX Voted Against Reducing New Tax Cuts And Cutting The Deficit By $1.1 Trillion. In March 2003, XXXX voted against reducing the 2003 Bush tax cuts by $980 billion and instead devoting funding to reducing the deficit. The amendment was killed 58-42. [Vote 75, 3/21/03] XXXX Voted Against A Compromise To Halve New Tax Cuts to $350 Billion. In March 2003, XXXX voted against a compromise measure to cut new Bush tax cuts in half, to $350 billion. The amendment was at the center of a debate between purists - those against any tax cut at all - and those seeking to do something to trim the size of the tax cut while preserving its intent to help the economy. The purists argued that cutting taxes was irresponsible, especially because the White House had not let Congress know how much it would seek in emergency supplemental spending to pay for the war in Iraq, a cost expected to range between $65 billion and $100 billion. [Vote 76, 3/21/03; Newsday, 3/22/03] 260

XXXX Voted Against Cutting Bus Tax Cuts by $2 Billion to Fund COPS and Cut the Deficit. In March 2003, XXXX voted against an amendment to increase spending on Community Oriented Policing (COPS) programs by $1 billion in fiscal 2004 and put $1 billion toward deficit reduction. The spending would be offset by a $2 billion reduction in tax cuts. The amendment was rejected 48-52. [Vote 78, 3/21/03; CQ, 3/21/03] XXXX Voted Against a Democratic Substitute Budget That Would Reduce Tax Cuts By $1.24 Trillion. In March 2003, XXXX voted against a Democratic substitute budget resolution that was defeated 43-56. Sen. Kent Conrad explained that the alternative “has $1.2 trillion less in deficits than the President’s plan… It provides for additional funding for homeland security of $80 billion over the baseline. It provides $194 billion of additional funding for prescription drugs, which is still well short of what would be needed to give Americans the kind of coverage we, as Members of Congress, have…It provides $71 billion for transportation infrastructure, $13 billion for veterans, and balances in 2011, as compared to the underlying resolution of balancing in 2012, and the President’s budget which never balances.” [Vote 83, 3/25/03; Congressional Record, 3/25/03] XXXX Voted Against Making It More Difficult To Pass Tax Cuts In The Senate. On March 25, 2003, XXXX voted against making it more difficult to pass new tax cuts in the Senate. The Byrd amendment would have essentially allowed Senate Democrats to filibuster the 2003 Bush tax cuts [Vote 84, 3/25/03] XXXX Voted Against Bush Tax Cut Alternative That Would Balance Budget By FY 2009. In 2003, XXXX voted against an alternative budget resolution that would have provided a balanced budget by fiscal 2009. Sponsor Tom Carper explained, “This amendment takes the 10 and 20 percent bracket cuts and makes them effective immediately. The estate tax exclusion is set permanently at $6 million per family. We grow the child credit. We eliminate the marriage penalty. We allow small business to expense their equipment purchasing at $75,000 for this year and for next. We pay for that by deferring further cuts in the 35 and 38.5 percent rate until we balance the budget… It is a good, balanced approach.” [Vote 95, 3/25/03; Congressional Record, 3/25/03] XXXX Voted To Protect The Bush Tax Cuts Rather Than The Environment. In 2003, XXXX voted against decreasing tax cuts in order to increase FY04 spending for environmental and conservation programs. [Vote 96, 3/25/03; CQ, 3/25/03] XXXX Voted Against Striking Tax Cuts Except For $150 Billion In Short-Term Stimulus. In March 2003, XXXX voted against an amendment to strike all of Bush’s tax cuts from the FY 2004 budget resolution, except for short-term fiscal stimulus tax cuts. The amendment would leave tax cuts of $100 billion in fiscal 2003 and $50 billion in fiscal 2004. [Vote 100, 3/25/03] XXXX Voted Against Stopping Bush’s Dividend Tax Cuts if Federal Budget Had Deficits. In May 2003, XXXX voted against an amendment to prohibit the Bush tax cuts on dividend income from going into effect unless the U.S. Treasury certifies that there would still be an on-budget surplus. [Vote 147, 5/14/03] XXXX Voted Against Giving a Child Tax Credit to All Families Regardless of Income. In 2003, XXXX voted against an amendment to require that all recipients of a $400 child tax credit in Bush’s “Jobs and Growth Tax Relief Reconciliation Act of 2003” receive the full payment regardless of their income. The amendment also accelerated Bush’s dividend tax cuts by one year. These provisions would be offset by eliminating the bill’s 10 percent increase in dividend income excluded from taxation from 2008 through 2012. [Vote 151, 5/15/03] XXXX Voted Against Substitute Plan to Cut Payroll Taxes and Give $40 Billion to States. XXXX voted against a substitute amendment to the 2003 Bush tax cut package that would have cut federal payroll taxes for two years and given $40 billion in aid to states and localities. It also would have increased the amount businesses could deduct for equipment costs, extended federal unemployment benefits and expanded eligibility for the benefits to low-wage and part-time workers. [Vote 160, 5/15/03; Palm Beach Post, 5/16/03; Congressional Record, 5/14/03, 5/15/03] XXXX Voted Against A Substitute to Bush Tax Bill That Included Wage Credit, Child Tax Credit and Business Stimulus. XXXX voted against a substitute amendment to the 2003 Bush tax cut package that would 261

create a wage credit of up to $765 per worker or $1,530 per working couple while giving an equivalent tax credit to employers. It would provide $52 billion in fiscal relief to states, accelerate reductions in the so-called marriage penalty, increase the child tax credit to $1,000 by 2006, allow businesses to write off $100,000 in investment for one year, create a 50 percent tax credit for small business health care expenses, create wage credits for employers in Renewal Communities, create a 50 percent tax credit for companies with employees in the National Guard and Reserves and extend unemployment benefits by 13 weeks. It would be offset by restrictions on corporate use of off- shore tax shelters and an increase in customs user fees. [Vote 162, 5/15/03; Advocate, 5/16/03] XXXX Voted Against Reducing Tax Cut on Top Tax Bracket in Order to Increase Tuition Tax Deduction. XXXX voted against an amendment to the 2003 Bush tax cut package that would have increased the amount families could deduct on their taxes for college tuition and would have made that deduction permanent. The $4,000 tax deductibility was to expire in 2006, but this amendment would have raised the amount to $8,000 in 2004, with the deduction eventually reaching $12,000. It also would have made the deduction permanent. The amendment would have reduced the reduced the top income rate by only 1 percent, as opposed to 3 percent proposed by President Bush. [Vote 164, 5/15/03; Congressional Record, 5/15/03] XXXX Voted Against A Democratic Substitute to Bush Tax Bill. XXXX voted against Sen. Daschle’s substitute amendment to the 2003 Bush tax cuts that would have created a wage credit equal to 10 percent for the first $3,000 of income for single filers and $6,000 for married couples. It would have provided $40 billion in fiscal relief to states, eliminated the so-called marriage penalty, increased the child tax credit to $700 in 2003 and $800 in 2004, allowed businesses for one year to write off $75,000 in investment, created a 50 percent tax credit for small business health care expenses and extended unemployment benefits by 26 weeks. It would have been offset by restrictions on the corporate use of off-shore tax shelters and an increase in customs user fees. [Vote 167, 5/15/03] XXXX Voted Against Cutting Tax Cuts for the Wealthy In Order to Expand Families Covered By Lowest Tax Rate. XXXX voted against a substitute to the 2003 Bush tax bill which would have frozen the highest tax rates and tripled the amount of income that was subject to the lowest tax rate. The amendment would retain the original bill’s changes to the child tax credit, marriage penalty and alternative minimum tax. The changes would be offset by eliminating the bill’s dividend tax cuts. [Vote 168, 5/15/03] XXXX Voted to Sunset In the Bush Tax Cut in 2015. On May 15, 2003, XXXX voted for an amendment that would sunset the tax increases in the 2003 Bush tax bill in 2015. [Vote 170, 5/15/03] XXXX Voted To Cut Dividend Taxes In Half For 2003 and Reinstate Them in 2007. XXXX voted for an amendment to the 2003 Bush tax cuts that would exempt 50 percent of dividend payments from taxation in 2003, increasing to 100 percent from 2004 through 2006. Dividend tax rates would return to their present levels in 2007. It would allow businesses investing $400,000 or less annually to write off up to $100,000 of those expenses from 2003 through 2007. The changes would be offset by reductions in tax breaks to married couples contained in the underlying bill. The vote was 50-50, with Vice President Cheney breaking the tie. [Vote 171, 5/15/03; AP, 5/15/03] XXXX Voted Against Stopping Tax Increases On Overseas Workers Making Between $50,000 And $75,000 Per Year. XXXX voted against an amendment to the 2003 Bush tax bill that would eliminate from the bill tax increases on overseas workers making between $50,000 and $75,000 per year. The law at the time of the amendment had Americans working overseas not paying taxes on their first $80,000 of foreign income and able to get a tax break on housing costs. The changes would be offset by reducing the bill’s total exemption of dividend income to a 65 percent exemption from 2004 through 2006. [Vote 172, 5/15/03; CQ Daily Monitor, 5/15/03] XXXX Voted Against Cutting Bush Tax Cuts in Order To Fund Prescription Drug Benefit. XXXX voted against an amendment to the 2003 Bush tax bill that would “scale back the dividend tax cut and not accelerate other income tax reductions and use the money for a Medicare prescription drug benefit. Proponents said the prescription drug benefit should be a higher priority than tax cuts. Opponents argued that the cuts would help the economy and ultimately lead to more revenue.” The Democratic motion failed 48-52. [Vote 173, 5/15/03; States News Service, 5/16/03] 262

XXXX Voted Against Reducing Bush Tax Cuts to Fund Education and Deficit Reduction. XXXX voted against an amendment that would “scale back the dividend tax cut and not accelerate other income tax reductions and use the money for deficit reduction and education aid to low-income families. Proponents said deficit reduction and education aid should be higher priorities than tax cuts. Opponents argued that the cuts would help the economy and ultimately lead to more revenue.” [Vote 174, 5/15/03; States News Service, 5/16/03] XXXX Voted For A 25% Cut In the Capital Gains Tax For Selling Undeveloped Land to Charity. XXXX voted for an amendment allowing a 25 percent reduction in the capital gains tax for the sale of undeveloped land to a charitable organization, regardless of whether the sale was for conservation purposes. XXXX was one of only 14 Republicans to vote in favor of the amendment. [Vote 127, 4/9/03] 2005 XXXX Voted Against Restoring Millionaire Tax Bracket to Pre-2003 Level. In November 2005, XXXX voted against restoring the so-called millionaire’s tax bracket of 39.6% and raising tax rates on capital gains and dividends to the 28% level that existed before 2003. “I have never had a millionaire come to me and say: ‘I need a tax break,’” said sponsor Sen. Dianne Feinstein. “So I wonder, when we are cutting Medicaid, when we are cutting virtually every domestic program we can cut, why millionaires get $100,000 in tax breaks a year. It does not make sense.” [Vote 333, 11/17/05; Washington Times, 11/18/05; Aberdeen American News, 11/20/05] Robrets Voted to Give Reconciliation Protection to Tax Cuts. In March 2005, XXXX voted against an amendment that would strike language in the resolution that would give reconciliation protection to tax cuts. [S Con Res 18, Vote 59, 3/17/05] 2006 XXXX Supported Initial Version of $60 Billion Tax Cut Plan. In November 2005, XXXX voted for the initial Senate version of a $60 billion tax cut bill that passed 64-33. The Senate bill passed after Republicans appeased moderates by agreeing not to extend a tax break on capital gains and dividends. [Vote 347, 11/18/05; Knight Ridder, 11/19/05]  XXXX Rejected $58 Billion Middle-Class Tax Cut Alternative. In November 2005, XXXX voted against a $58 billion tax cut package that would have extended expiring tax cuts, including the research and development credit and college tuition deduction, and granted alternative minimum tax relief to working families. “For those who say they care about fiscal responsibility, for those who say they are concerned about the explosion of deficits and debt, here is a chance to prove it,” Senator Kent Conrad said of his tax plan. “Here is a chance to vote for this amendment that will extend the tax provisions that are expiring this year for next year’s taxes, and to pay for it by closing abusive tax shelters.” [Vote 330, 11/17/05; Conrad Press Release, 11/17/05] XXXX Voted for $70 Billion Tax Package Compromise in 2006. In February 2006, XXXX voted for the revised version of the tax reconciliation bill he had supported in November 2005. By February, the bill included $70 billion in tax cuts, including AMT relief and extenders for the popular tax cuts like the college tuition deduction. [Vote 10, 2/2/06; CQ Today, 2/2/06]  XXXX Voted Against A Non-Binding Resolution Prioritizing Middle-Class Tax Cuts Over Tax Cuts for the Wealthy. In February 2006, XXXX voted against amending the $70 billion tax reconciliation bill to express the senate of the Senate that middle-class alternative minimum tax relief should be a higher priority than extending low rates on capital gains and dividends that benefit wealthier Americans. [Vote 9, 2/2/06; CQ Today, 2/2/06] XXXX Twice Voted to Force Capital Gains Tax Cut Extension. In February 2006, XXXX twice voted to urge negotiators of the 2006 tax reconciliation bill to include the House-passed, two-year extension of the dividends and 263

capital gains tax cut for investors. The securities industry lobbied hard for the exemption, but critics argued that extending both the capital gains cut and AMT relief could not realistically be done. “The truth is we cannot have it all,” Sen. Max Baucus said. “Capital gains can wait. But AMT cannot wait.” [Vote 16, 2/14/06, Vote 17, 2/14/06; AP, 2/14/06; CQ Today, 2/14/06]  XXXX-Backed Capital Gains Tax Cut Benefits Wealthiest Americans. With his votes on the 2006 tax bill, XXXX prioritized wealthy Americans over the needs of the middle class by extending the 2003 dividends and capital gains tax cut. According to the Tax Policy Center, in 2005, only 12.5% of the households earning less than $100,000 received dividend income, and only 6.6% received any capital gains income. In addition, over half of all capital gains and dividend income flows to the 0.2% of households with annual incomes over $1 million, while 78% goes to households with over $200,000, or about 3% of all households. [Center on Budget and Policy Priorities, 1/30/06] XXXX Voted For Final 2006 Tax Cut Package That Overwhelmingly Benefited Wealthiest Americans. In 2006, XXXX voted for a $70 billion tax bill that failed to extend popular tax credits for research and development, college tuition and retirement savings that impacted 19.2 million Americans. The package XXXX supported extended the 15% rate on capital gains and dividends through 2010 and protected taxpayers from the AMT in 2006. It was estimated that the bill would only save middle income Americans $20 each while the top tenth of 1 percent (whose average income is $5.3 million) would save $82,415. [Vote 118, 5/11/06; National Journal’s CongressDaily, 5/12/06; Democratic Policy Committee, 9/26/06 New York Times, 5/5/06; Center for Budget and Policy Priorities, 5/11/06; The Hill, 9/28/06]  XXXX-Supported Tax Bill Protected $5 Billion for Big Oil. The 2006 tax bill XXXX supported protected $5 billion in giveaways to big oil companies that had been stripped from an earlier version of the bill. The $5 billion tax break for big oil could have been used instead to partially offset the increase in middle class taxes included in the bill. [Vote 118, 5/11/06; Republican Policy Committee, 2/7/06; Washington Post, 4/26/06; Joint Tax Committee, 5/9/06]  Tax Bill Raised Taxes in States Without Income Tax. By supporting the 2006 tax reconciliation bill, XXXX voted to block the extension of the sales tax deduction for more than 12 million Americans living in states without income taxes. One Tennessee Editorial Board described allowing the sales tax deduction to expire as an “injustice” to the affected states. A Washington state paper wrote, “Why hasn’t the deduction already been extended by Congress? Because Republicans keep blocking the extension.” [Vote 118, 5/11/06; Chattanooga Times Free Press, 9/19/06; The Columbian, 9/19/06; 2003 IRS Data from the Senate Finance Committee; Democratic Policy Committee, 9/26/06]  XXXX-Supported Tax Bill Excluded Job-Generating R & D Tax Credit. By supporting the 2006 tax reconciliation bill, XXXX voted to let the research and development tax deduction expire. A former GOP Governor and a former Bush Administration official described this tax credit as “the single most effective federal policy to promote private, job-generating research in the United States.” [Vote 118, 5/11/06; 2003 IRS Data from the Senate Finance Committee; Washington Times, 9/21/06; Democratic Policy Committee, 9/26/06]  2006 Tax Bill Allowed Teacher Expenses Tax Deduction To Expire. By supporting the 2006 tax reconciliation bill, XXXX voted to let a teacher expenses tax deduction expire. In 2003, 3.3 million teachers saved $814 million from the deduction, which allowed them to deduct up to $250 a year for money that they spend out of their own pockets to buy supplies for their classrooms. [Vote 118, 5/11/06; 2003 IRS Data from the Senate Finance Committee; Democratic Policy Committee, 9/26/06]  XXXX-Supported Tax Bill Excluded Retirement Savings Credit. In 2003, 5.5 billion Americans took advantage of the small savers credit – which Republicans have let expire – that allowed them to deduct a portion of their retirement savings from their taxes. By supporting the 2006 tax reconciliation bill, XXXX voted to let this credit expire. [Vote 118, 5/11/06; 2003 IRS Data from the Senate Finance Committee; Democratic Policy Committee, 9/26/06] 264

XXXX Voted To Extend Bush Tax Cuts For Wealthy. In July 2012, XXXX voted in favor of McConnell, R-Ky., substitute amendment no. 2573 that would extend the 2001 and 2003 tax cuts for all income levels for one year. It also would extend estate tax levels, with a 35 percent on estates worth more than $5 million. The substitute also would extend alternative minimum tax provisions through 2013. The amendment was rejected by a vote of 45-54 (D 1-50; R 44-2; I 0-2). [Vote 183, 7/25/12] XXXX Voted Against Extending Tax Cuts For The Middle Class While Allowing Tax Cuts On Wealthy To Expire. In July 2012, XXXX voted against passage of the bill that would extend the 2001 and 2003 tax cuts for one year on taxable income of up to $200,000 for single filers or up to $250,000 for joint filers. The bill would set the tax rate for adjusted gross income above $250,000 at 33 percent and for adjusted gross income above $400,000 at 35 percent. It also would expand the child tax credit and extend the college tuition tax credit and the earned-income tax credit. It would set tax rates for long-term capital gains and dividends at 20 percent. The bill also would allow a business property deduction of $250,000 and extend the alternative minimum tax provisions for 2012 income. The measure passed by a vote of 51-48 (D 50-1; R 0-46; I 1-1). [Vote 184, 7/25/12] XXXX Voted To Delay Sequester Cuts By Allowing Bush Tax Cuts On Top Earners To Expire. In January 2013, XXXX voted in favor of passage of the bill that would permanently extend the 2001 and 2003 tax rates for individual income below $400,000 and joint-filer income below $450,000. Rates for income above those thresholds would rise to 39.6 percent from 35 percent. It also would permanently extend the tax rates on dividends and capital gains for individual income below $400,000 and joint-filer income below $450,000. Rates for the dividends and capital gains taxes would rise to 20 percent for income above those thresholds. The measure would delay the automatic, across-the-board cuts known as the "sequester" for two months. Half of the sequester delay would be offset by discretionary cuts, split between defense and non-defense, and the other half offset by revenue raised through the voluntary transfer of traditional IRAs to Roth IRAs, which would tax retirement savings when transferred. It also would tax individual estates valued over $5 million and joint estates valued over $10 million at 40 percent. It would extend the Milk Income Loss Contract (MILC) program at current rates, and it would permanently "patch" the alternative minimum tax to account for inflation. Unemployment insurance would be extended through 2013. The bill would block scheduled cuts to Medicare physician payment rates and extend for five years tax credits included in the 2009 stimulus law including the child tax credit and the earned income tax credit. It would permanently institute the Personal Exemption Phase-out tax, which would reduce the value of exemptions for individual income over $250,000. It would allow the 2 percent payroll tax holiday to expire. The measure was passed by a vote of 89-8 (D 47-3; R 40-5; I 2-0), [Vote 251, 1/1/13] BUFFETT RULE XXXX Voted Against Buffett Rule, Which Would Close Loopholes That Allow Millionaires And Billionaires To Pay A Lower Tax Rate Than Middle-Class Americans.. In April 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would require taxpayers with more than $2 million in income to pay an alternative minimum of 30 percent in federal taxes, with a phase-in of the higher rate starting at the $1 million level. The motion was rejected by a vote of 51-45 (D 49-1; R 1-44; I 1- 0). In April 2012, UPI reported that “the so-called ‘Buffett Rule’ that would make sure millionaires and billionaires do not pay a lower tax rate than middle-class taxpayers. It would raise the tax rate on investment income to 30 percent…The Buffett Rule would seek to close loopholes so the rich pay at least 30 percent of their income in taxes.” [Vote 65, 4/16/12; UPI, 4/10/12]  Joint Committee On Taxation: Buffett Rule Would Raise $47 Billion Over Next 10 Years. In April 2012, the Boston Globe noted that the Joint Committee on Taxation estimated that the Buffett Rule would raise $47 billion over 10 years. [Boston Globe, 4/10/12; Joint Committee on Taxation, 3/20/12]  94,500 Millionaires Paid Taxes At A Lower Rate Than 10.4 Million Moderate-Income Taxpayers. 25% of millionaires pay a lower tax rate than over 10 million Americans. Tax rules allow "about 94,500 millionaires to pay taxes at a lower rate than 10.4 million 'moderate-income taxpayers,” reported Bloomberg. [Bloomberg, 10/12/11] 265

 Buffett Paid Tax Rate Of 17.4%, His Secretary Paid Rate Of Around 30%. Warren Buffett pays an effective tax rate of 17.4%. His secretary pays a tax rate of around 30%. [Center for Tax Justice, 9/27/11] PRE-BUSH TAX CUTS XXXX Voted for Elimination of Tax Code Without Replacement. In 1998, XXXX voted for the Hutchinson amendment to S.Con.Res.86, which was an amendment to express the sense of the Senate that the Senate should pass an IRS restructuring bill that includes taxpayer protections, expanded oversight, and IRS employee accountability. This amendment would express the sense of Congress that the federal tax code should sunset by the end of 2001. [Vote 62, 4/2/98] XXXX Cast Crucial Vote Against Repealing Current Tax Code. In 1998, XXXX cast a crucial vote against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Hutchinson amendment to S.2312, which was an amendment to abolish the current tax code by December 31, 2002, and recommend that Congress approve a new tax code by July 4, 2002. [Vote 241, 7/28/98] XXXX Voted Against Closing Billionaire Tax Loopholes to Pay for Children’s Programs. In 1997, XXXX voted against increasing discretionary spending caps by $14.6 billion in outlays in FY 1999-2002; and expresses sense of Senate that funding should be increased for programs serving children, offset through changes in tax code, including elimination of billionaire's loophole and increases in cigarette taxes. [Vote 72, 5/20/97] XXXX Voted Against Protecting Social Security. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Lautenberg amendment to S.Con.Res.20, which was an amendment to establish a Senate point of order against any measure that would increase spending or reduce taxes without offsets, until Congress enacts legislation to ensure the long-term solvency of Social Security and extend the solvency of Medicare by at least 12 years. [Vote 59, 3/24/99] XXXX Voted For Tax Cuts At Expense of Medicare. In 1999, XXXX voted to kill the Kennedy amendment to S.Con.Res.20, which was an amendment to strike the resolution’s proposed $320 billion in tax cuts over ten years and direct the funds to Medicare or debt reduction. [Vote 66, 3/25/99] XXXX Voted to Cut Taxes Over Paying Down Nation Debt. In 1999, XXXX voted to kill the Voinovich amendment to S.Con.Res.20, which was an amendment to strike the resolution’s proposed $320 billion in tax cuts over ten years and redirect the funds to debt reduction. [Vote 71, 3/25/99] XXXX Voted to Delay Effective Date of Tax Cuts Until Budget Was Balanced. In 1997, XXXX voted to kill the Bumpers amendment to S.Con.Res.27, which was an amendment to delay the effective dates of tax cuts until the federal budget is balanced. [Vote 82, 5/22/97] XXXX Opposed Tax-Relief for the Middle-Class. In 1999, XXXX voted to table a motion to instruct to the Senate Concurrent Budget Resolution for FY.s 2000-2009 that would have instructed conferees "to include" provisions that would allow targeted tax relief for "low- and moderate-income working families" and that would reserve a "sufficient" portion of projected non-Social Security surpluses to extend Medicare’s solvency "significantly" before any budget surpluses could be used to give tax breaks that mostly benefited wealthy Americans or before any new, non- offset spending could be approved. [Vote 84, 4/13/99] XXXX Did Not Vote on Tax Relief for Families. In 1997, XXXX did not vote on the Democratic alternative amendment to the Taxpayer Relief Act of 1997 by Sen. Daschle that would have provided: (1) a per-child credit against income taxes refundable against payroll taxes, and eligible, at the parent's option, in a "Kid Save IRA"; (2) incentives for education and training; (3) tax relief for family savings and business capital formation; (4) estate tax relief for family businesses and farms; and (5) miscellaneous tax cuts, including 100 percent deductibility of self- employed health insurance premiums. [Vote 134, 6/26/97] 266

XXXX Voted to Use Temporary Spending for Permanent Tax Cuts. In 1998, XXXX Voted to use temporary spending for permanent tax cuts even though the Budget Act was specifically designed to ensure that if the Federal government incurs permanent obligations, such as permanent tax cuts, those obligations should be paid for with permanent savings. [Vote 68, 4/2/98] XXXX Voted to Use Budget Surplus for Tax Cuts. In 1998, XXXX Voted to use the budget surplus for tax cuts. [Vote 74, 4/2/98] XXXX Voted Against Using Surplus to Pay Down National Debt. In 1999, XXXX voted against using surplus to pay down the national debt. [Vote 237, 7/30/99] XXXX Voted For a Risky Tax Cut that Benefits Wealthiest Americans. In 1999, XXXX Voted for a risky tax cut that benefits the wealthiest Americans. [Vote 247, 7/30/99] XXXX Did Not Vote On A $1 Million Lifetime Limit on Capital Gains Tax Relief. In 1997, XXXX did not vote one a $1 million lifetime limit on capital gains tax relief. [Vote 132, 6/26/97] XXXX Voted Against Allowing Married Couples to Use Tax Rate of Singles. In 1998, XXXX voted against permitting married couple to file combined income tax return using rates applicable to single individuals; requires taxable income for each spouse to be one-half of taxable income computed as if spouses were filing joint return; stipulates that if couple does not itemize deductions, basic standard deduction for married couples will be equal to amount that is twice basic standard deduction; and directs conferees for FY 1999 budget to provide sufficient spending reductions to offset reduction in revenues. [Vote 242, 7/29/98] XXXX Cast Crucial Vote for a Tax Cut That Benefits Wealthiest Americans. In 1999, XXXX cast crucial vote for a tax cut that benefits the wealthiest Americans. [Vote 261, 8/5/99] XXXX Voted Against $5.5 Billion In Tax-Increase Offsets For New Education Savings Accounts Tax Breaks. In 2000, XXXX voted against $5.5 billion in tax-increase offsets to pay for new tax breaks for education savings accounts. The vote was on the Graham amendment to the Roth amendment to the Affordable Education Act of 1999. [Vote 23, 3/2/00; Quarterly Daily Monitor, 3/2/00] XXXX Voted For A Republican Amendment To Cut Taxes And Increase Retirement Contribution Limits. In 1999, XXXX voted for an amendment that would give $18.4 billion in tax cuts over 5 years and $75 billion in tax relief over 10 years. Funding for the cuts would come out of non-Social Security tax surpluses. The amendment would increase contribution limits for 401(k) retirement plans and make health insurance cost for the self-employed fully deductible beginning in 2000. The amendment was agreed to, 54-44. [Vote 357, 11/9/99] XXXX Voted Against Reducing The Tax Cuts In The FYs 2001-2005 Budget Resolution. In 2000, XXXX voted against an amendment that would deny $75 billion of the $150 billion in tax cuts that the resolution would provide over 5 years. The tax cuts would give back 11 percent of the projected tax overpayments (non-Social Security surpluses) that would be collected. The motion to table was agreed to, 52-48. [Vote 55, 4/5/00] XXXX Voted Against Striking $150 Billion In Tax Cuts. In 2000, XXXX voted against an amendment that would strike the proposed tax cut of $150 billion. The amendment was rejected, 44-56. [Vote 68, 4/7/00] XXXX Supported An Amendment To Revoke The Tax-Exempt Status Of Section 527 Groups. In 2000, XXXX voted for an amendment that would revoke the tax-exempt status of section 527 organizations unless they gave the Internal Revenue Service (IRS) lists of donors who gave them $200 or more in a year. Further, section 527 groups would lose their tax exempt status unless they also reported to the IRS on each expenditure they made over $500. Senator Warner raised the point of order that the amendment was unconstitutional because revenue measures must originate in the House. The point of order was not sustained, 42-57. [Vote 122, 6/8/00] 267

XXXXVoted to Divert Revenue to Tax Cuts. In 1997, XXXX voted for diverting unanticipated revenue increases to tax cuts. [Vote 147, 6/27/97] XXXX Voted To Repeal The Federal Phone Tax. In 2000, XXXX voted for the amendment that would repeal the 3% Federal excise tax on telephone and other communications services. The amendment was agreed to, 97-3. [Vote 185, 7/13/00] XXXX Voted For A GOP Amendment to Cut Taxes On Social Security Benefits. In 2000, XXXX voted for an amendment that would repeal the 1993 tax increase on Social Security recipients' benefits, which raised the percentage of benefits subject to taxation earned by single senior citizens with $34,000 or more in income to 85 percent (it was at 50 percent), and raised the percentage of benefits subject to taxation earned by married senior citizens with $44,000 or more in income to 85 percent (it was at 50 percent). The amendment was agreed to, 58-41. [Vote 188, 7/13/00] XXXX Voted For A Bill To Provide Tax Cuts. In 2000, XXXX voted for a bill to provide tax relief, to increase the minimum wage, to improve Federal health care benefits, to permit controlled substances to be used for pain management but not assisted suicide or euthanasia, and to reauthorize the Small Business Act (H.R. 2614). The bill would provide $73.9 billion in tax relief over 5 years and $240.4 billion over 10 years (including $88.3 billion for health insurance benefits, $63.8 billion for pension and IRA reforms, $35.9 billion for small business relief, $25.2 billion for community renewal incentives, and $7.8 billion for school construction incentives). The motion to proceed was agreed to, 55-40. [Vote 286, 10/26/00] CHILD CARE AND FAMILY TAX CREDITS XXXX Voted Against Expanding the Child Tax Credit. In November 2005, XXXX voted against expanding the income threshold used to calculate the child tax credit to benefit six million families and making over 600,000 additional working families eligible for the credit. [Vote 346, 11/17/05; Congressional Record, 11/17/05] XXXX Voted Against Bill to Block Mandatory Cuts in Medicaid and Earned Income Tax Credit. XXXX voted against an amendment that struck reconciliation instructions that directed the Finance Committee to achieve $14 billion in mandatory spending reductions through cuts in Medicaid and the earned income tax credit. [Vote 39, 3/10/04] XXXX Voted Against Expanding the Child Tax Credit for Low-Income Families. In July 2003, XXXX voted against expanding the refundable child tax credit and allowing low-income families to claim a cash payment equal to 15 percent of their taxable income that exceeds $10,500, up to $1,000 per child. The measure “would not expand child credit benefits for higher income families, and it would enact restrictions on certain corporate tax accounting practices as offsets, instead of customs user fees, to pay for its smaller $3.5 billion cost.” On a party line 51-45 vote, the Senate blocked consideration of the bill. [Vote 266, 7/9/03; CQ Daily Monitor, 7/9/03] XXXX Voted Against Creating A $5,000 Tax Credit For Family Caregivers. In 2003, XXXX voted against creating a $5,000 tax credit per year for family caregivers. [Vote 169, 5/15/03] XXXX Voted Against Responsible Tax Cut Package That Protected Child Tax Cuts. In May 2003, XXXX voted against a substitute to the 2003 Bush tax bill which would have frozen the highest tax rates and tripled the amount of income that was subject to the lowest tax rate. The amendment tripled the amount of income taxable in the 10 percent tax bracket, froze the top income tax rate, and retained the original bill’s changes to the child tax credit, marriage penalty and alternative minimum tax. The changes were be offset by eliminating the bill’s dividend tax cuts. [Vote 168, 5/15/03; Star Tribune, 5/16/03] XXXX Voted Against Increasing the Child Tax Credit to $1,000 Retroactively Back to 2002. XXXX voted against an amendment that would have made the increases to the child tax credit in the 2003 Bush tax cut bill retroactive to Jan. 1, 2002. The bill already increased the child tax credit from $600 to $1,000 effective back at the beginning of 2003. The costs would have been offset by a delay of a year and a half in the reduction of the top 268

income tax rate. [Vote 166, 5/15/03; Congressional Record, 5/15/03] XXXX Voted Against Tax Alternative That Would Have Cut Payroll Taxes. In 2003, XXXX voted against a $250 billion substitute to the 2003 Bush tax cut package that would have provided a two-year reduction in federal payroll taxes. Sen. Bob Graham said that his plan “would not add to the national debt, because it would be fully offset, therefore avoiding the potential that by adding to the deficit we will add to the economic problems we will have in the future.” [Vote 160, 5/15/03; Palm Beach Post, 5/16/03] XXXX Voted Against Increasing Eligibility For Refundable Child Tax Credit to 4.4 Million Lower Income Children; To Be Offset By Delaying Dividend Tax Cut 3 Years to 2011. In 2003, XXXX voted against an amendment that would have lowered the eligibility threshold for a refundable child tax credit from $10,500 to $5,000. Eight million children from working families at the very bottom of the income scale would receive no benefit from the child tax credit. This amendment would extend the credit to families of 4.4 million children. It would be offset by delaying until 2011 the 20 percent dividend tax exclusion originally scheduled for 2008 in Bush’s 2003 tax cut legislation. [Vote 153, 5/15/03; Congressional Record, 5/15/03] XXXX Voted Against Giving a Child Tax Credit to All Families Regardless of Income. In 2003, XXXX voted against an amendment to require that all recipients of a $400 child tax credit in Bush’s “Jobs and Growth Tax Relief Reconciliation Act of 2003” receive the full payment regardless of their income. The amendment also accelerated Bush’s dividend tax cuts by one year. These provisions would be offset by eliminating the bill’s 10 percent increase in dividend income excluded from taxation from 2008 through 2012. [Vote 151, 5/15/03] XXXX Voted for an Increase In Child Tax Credit; Democrats Argued It Was To “Pump Up” Size Of Bush Tax Cut. In March 2003, XXXX voted for an amendment that extended a $1,000 child tax credit beyond the end of the decade. The amendment would have restored $ 67 billion to extend the tax break until 2013. Republicans said it would help the average American family, while Democrats argued it was to “pump up the size of Bush’s tax cut,” according to the Washington Post. After the vote, Democrats won passage of a nonbinding resolution endorsing what Murkowski proposed. Republicans dismissed the move as a search for “political cover,” but most of them voted for it anyway [Vote 106, 3/26/03; Washington Post, 3/27/03] XXXX Voted Against Providing A Long-Term Care Tax Credit of Up to $5,000 For Family Caregivers. On March 21, 2003, XXXX voted against reducing Bush’s tax cuts and providing a long-term family care tax credit. The amendment would have reduced tax cuts in the budget resolution by $35 billion to provide a tax credit of up to $5,000 for family caregivers who provided long-term care needs. The tax credit would have been good for costs including prescription drugs, medical bills, durable medical equipment, home health care custodial care, respite care, adult day care, transportation to chronic care or medical facilities, and specialized therapy. [Vote 72, 3/21/03] XXXX Opposed a Long Term Child Care Tax Credit. XXXX, on May 22, 2001, voted against a motion to recommit H.R.1836 to the Senate Finance Committee with instructions to add a long-term health care tax credit, with the costs offset by eliminating all income tax cuts in the bill for taxpayers with annual incomes above $500,000 per year. [HR 1836, Vote 140, 5/22/01] XXXX Voted To Cut The Marriage Tax Penalty And Expand The Earned Income Tax Credit. In 2000 XXXX voted to reduce the federal tax penalty imposed on married couples, expanding the 15-percent bracket, and expanding the Earned Income Tax Credit (EITC). [Vote 87, 4/27/00] XXXX Voted Against Allowing Taxpayers to Take $500 Per Child Tax Credit Before Earned Income. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Landrieu amendment to S.949, which was an amendment to allow taxpayers with income tax liability to take the $500-per-child tax credit before the earned income tax credit, thereby allowing low-income families to keep all of the child tax credit. [Vote 156, 6/27/97] XXXX Voted to Allow Payroll Tax Count Toward Child Tax Relief. In 1997, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Kerry amendment to S.949, which was 269

an amendment to allow payroll taxes to be included in the calculation of eligibility for the $500-per-child tax credit, offset by phasing out eligibility for the credit at 75,000 per family instead of $150,000 per family. [Vote 140, 6/27/97] CONSUMER TAX BREAKS XXXX Voted Against Extending Renewable Energy Tax Credit. In March 2006, XXXX voted against extending the renewable energy production tax credit for four years. The budget amendment also would have provided $4 billion for LIHEAP and other energy and conservation programs. [Vote 42, 3/14/06; Albuquerque Tribune, 3/15/06] XXXX Voted Against Energy Tax Credit for Farmers. In November 2005, XXXX voted against providing a Federal tax credit to farmers for 30 percent of their 2005 energy costs up to $3,000 per farmer. Qualified energy costs included those for fuels, utilities, fertilizers, heating and drying used in farming businesses of taxpayers during calendar year 2005. The $3 billion tax credit would be offset by closing tax loopholes for big oil companies. [Vote 345, 11/17/05; Congressional Record, 11/17/05] CORPORATE TAX BREAKS XXXX Voted To Keep Tax Cuts Rather Than Fund Veteran’s Healthcare. In 2006, XXXX voted against eliminating certain tax cuts in order to increase funding for military retirees’ health care by $735 million. [Vote 67, 3/16/06; CQ, 3/16/06] XXXX Voted For Corporate Tax Breaks Instead Of Funding Title I Education. In 2006, Senator XXXX voted against eliminating corporate tax breaks in order to increase Title I education funding by $3 billion. [Vote 64, 3/16/06; CQ, 3/16/06] XXXX Voted For Corporate Tax Breaks Instead Of Funding National Parks. In 2006, Senator XXXX voted against increasing civil works funding – including funding for the Corps of Engineers and the National Park Service – by $2.9 billion, to be offset by eliminating certain corporate tax breaks. [Vote 60, 3/16/06; CQ, 3/16/06] XXXX Voted For Corporate Tax Breaks Instead Of Funding Amtrak. In 2006, XXXX voted against eliminating corporate tax breaks in order to increase Amtrak funding by $550 million. [Vote 51, 3/15/06; CQ, 3/15/06] XXXX Voted For Corporate Tax Breaks Instead Of Funding Veterans Healthcare. In 2006, XXXX voted against eliminating certain corporate tax breaks in order to increase veterans’ medical funding by $1.5 billion. [Vote 41, 3/14/06; CQ, 3/14/06] XXXX Twice Rejected Windfall Profits Tax for Big Oil in 2005. In November 2005, XXXX voted against imposing a temporary 50% tax on oil company profits from the sale of any crude oil above $40 a barrel. Revenues from the tax would be used to provide income tax rebates to consumers. The same day, XXXX voted against a separate but similar windfall tax amendment that would use the revenue to provide a $100 income tax credit for every personal exemption. [Vote 331, 11/17/05; Vote 341, 11/17/05; Houston Chronicle, 11/17/05; Las Vegas Review-Journal, 11/18/05; Environment and Energy Daily¸ 11/18/05] XXXX Voted to Overhaul Corporate Taxes. In October 2004, XXXX voted for a bill that would repeal an export provision in the U.S. tax code that has been ruled an unfair subsidy by the World Trade Organization, and would provide for $137 billion in new tax cuts for corporations over 10 years. It also includes a $10 billion buyout of tobacco farmers. The cost of the tax breaks would be offset by curbs on tax-avoidance practices. [HR 4520, Vote 211, 10/11/04] XXXX Voted to Extend Family and Corporate Tax Breaks. In September 2004, XXXX voted for a bill that would extend the $1,000 per child tax credit through 2009, the upper limit for the current 10 percent bracket 270

through 2010 and tax breaks for married couples through 2008. It also would provide a one-year extension of current income exemptions from the alternative minimum tax and extend the expiring research and development tax credit through 2005. [HR 1308, Vote 188, 9/23/04] XXXX Voted Against Requiring U.S. Companies To Invest Foreign Profits In United States. XXXX voted against a 2004 amendment that “would have forced companies to actually invest in the United States any of the foreign profits they bring back into the country during the tax holiday. To encourage companies to reinvest that money in the United States, the Senate bill would give them one year to bring back those profits, which would be taxed at a rate of only 5 percent rather than the standard 35 percent corporate rate.” [Vote 81, 5/5/04; New York Times, 5/6/04] XXXX Opposed Forcing U.S. Companies to Pay Taxes on Domestic Sales of Products Made Abroad. In May 2004, XXXX voted against an amendment “to force U.S. companies to pay taxes on money they earn from domestic sales of products they make abroad.” [Vote 83, 5/5/04; Washington Post, 05/06/04] In 2004, XXXX Voted For Replacement of Export Tax Breaks. In May 2004 XXXX voted for for a bill that revoked an export tax break for U.S. manufacturers ruled an illegal trade subsidy by the WTO. It replaced the export tax break with more than $170 billion in new corporate tax breaks over 10 years. The cost was offset through the repeal of the export subsidy and other revenue-raising provisions. The bill also included $18 billion in energy- related tax breaks. The bill, as amended, blocked the Labor Department from implementing new rules overhauling eligibility standards for overtime pay. [Vote 91, 5/11/04] XXXX Voted Against an $18 Billion Energy Tax Break. In May 2004, XXXX voted for an amendment introduced by John McCain that would have stricken provisions in the bill to provide $18 billion in energy tax breaks. [Vote 89, 5/11/04] XXXX Voted To Add A Corporate Tax Break And Billions In Extra Medicaid Funding To Economic Stimulus Package. In 2002, XXXX voted to add a corporate tax break and billions of dollars in extra Medicaid money for the states to economic stimulus legislation. The tax break would allow large businesses to take an immediate 30 percent deduction on equipment purchased in 2002 and 2003. [HR 622, Vote 10, 1/29/02; AP, 1/29/02; Congressional Quarterly Daily Monitor, 1/29/02] SMALL BUSINESS XXXX Voted Against Small Business Tax Cuts. In July 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would give employers a credit of up to $500,000 to offset 10 percent of the amount they spend to expand their payroll in 2012 compared to 2011. It also would allow businesses to deduct the full cost of equipment purchased this year. The motion was rejected by a vote of 53-44 (D 49-1; R 2-43; I 2-0). [Vote 177, 7/12/12]  XXXX Voted Against Small Business Tax Cuts. In July 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Landrieu, D-La., substitute amendment no. 2521 that would extend certain tax benefits for small businesses, including the elimination of capital gains taxes for certain small business stock, expanded carry-back of credits to recover prior taxes, expanded expensing for certain capital investments and higher deduction allowances for start-up costs. The motion was rejected by a vote of 57-41 (D 50-1; R 5- 40; I 2-0). [Vote 176, 7/12/12]  XXXX Voted Against Small Business Tax Cuts. In July 2012, XXXX voted against a Baucus, D-Mont., motion to table (kill) the Reid, D-Nev., amendment no. 2524, which would strike the text of the bill and replace it with provisions to allow businesses with fewer than 500 employees a 20 percent deduction on their taxable income in 2012. A business would be eligible for the deduction in calendar year 2010 or 2011. If the business was not in existence in those years, then the threshold would be applied in 2012. The amendment would limit the deduction to 50 percent of certain W-2 wages paid by the business. The motion was agreed to by a vote of 73-24 (D 50-0; R 21-24; I 2-0). [Vote 175, 7/12/12] 271

 Politico Headline: Gridlock: “Senate Rejects Two Small-Business Bills.” “Senators rejected dueling Democratic and Republican small-business tax cut plans on Thursday, the latest futile effort to break the election-year gridlock that’s consumed Capitol Hill on issues dealing with jobs and the economy. On a 53-44 vote, Republicans shot down the Democratic bill that would have provided a 10 percent income tax credits to small businesses that hire new workers or give current workers raises, as well as allow companies to quickly write off purchases on new equipment. Sixty votes were needed.” [Politico, 7/12/12] XXXX Voted Against Allowing Small Businesses To Write Off Losses More Quickly And A $30 Billion Small Business Lending Fund. In September 2010, XXXX voted against passage of the bill that would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly. It also would establish a $30 billion small-business lending fund administered by the Treasury Department, with funds directed to community banks. It would be offset with increased penalties for failing to file information returns, new limits on paper-makers' ability to claim a biofuel tax credit and new rules on tax-delinquent federal contractors. The bill would amend a provision in the 2010 health care law to require rental property owners to file 1099 tax forms for payments of certain expenses associated with their rental real estate. It also would eliminate a requirement in current law that employees pay taxes on the value of certain transmissions they send on employer-provided cell phones. [CQ; Vote 237, 9/16/10] XXXX Voted Against Allowing Small Businesses To Write Off Losses More Quickly And A $30 Billion Small Business Lending Fund. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly. It also would establish a $30 billion small-business lending fund administered by the Treasury Department, with funds directed to community banks. It would be offset with increased penalties for failing to file information returns, new limits on paper-makers' ability to claim a biofuel tax credit and new rules on tax-delinquent federal contractors. [CQ; Vote 236, 9/16/10] XXXX Voted Against Allowing Small Businesses To Write Off Losses More Quickly And A $30 Billion Small Business Lending Fund. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Baucus, D-Mont., and Landrieu, D-La., substitute amendment no. 4594 that would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly. It also would establish a $30 billion small-business lending fund administered by the Treasury Department, with funds directed to community banks. It would be offset with increased penalties for failing to file information returns, new limits on paper-makers' ability to claim a biofuel tax credit and new rules on tax-delinquent federal contractors. [CQ; Vote 233, 9/14/10] XXXX Voted Against Exempting Businesses of Less Than 25 Employees From Tax Compliance In Health Care Reform Bill And Small Business Tax and Lending Provisions. In September 2010, XXXX voted against a Motion to invoke cloture (thus limiting debate) on the Nelson, D-Fla., amendment no. 4595 to the Baucus, D- Mont., and Landrieu, D-La., substitute amendment no. 4594. The Nelson amendment would exempt businesses with fewer than 25 employees from the tax compliance provision in the 2010 health care overhaul law and would raise the reporting threshold for the remaining companies from $600 to $5,000. It also would exempt credit card purchases and give the Treasury Department more flexibility in implementing the reporting requirements. It would be offset by eliminating a 6-percent tax deduction for certain oil companies. The substitute would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly, and authorize a small-business lending fund. [CQ; Vote 232, 9/14/10] XXXX Voted Against Small-Business Tax Initiatives And Lending Bill. In July 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on Reid, D-Nev., substitute amendment no. 4519 that would provide small-business tax initiatives and authorize a $30 billion small-business lending fund. [Vote 221, 7/29/10] XXXX Voted Against Small Business Lending Fund. In July 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the LeMieux, R-Fla., amendment no. 4500 to the Baucus, D-Mont., substitute 272

amendment no. 4499. The LeMieux amendment would establish a $30 billion small business lending fund administered by the Treasury Department. The substitute would provide for a variety of small-business tax provisions, including a revival of an expired bonus depreciation provision to allow companies to write off assets more quickly. [Vote 218, 7/22/10] XXXX Voted Against Small Business Tax Initiatives And Small Business Lending. In June 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would include small-business tax initiatives and authorize a small-business lending fund. [Vote 202, 6/29/10] XXXX Voted Against Small Business Lending Programs, Extending Unemployment Benefits. In April 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Baucus, D-Mont., substitute amendment no. 3721 that would extend for two months certain expired government programs, including unemployment insurance benefits. It also would extend certain satellite TV laws and small business lending programs for one month. [Vote 116, 4/15/10] XXXX Voted Against Small Business Lending Programs, Extending Unemployment Benefits. In April 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Baucus, D-Mont., substitute amendment no. 3721 that would extend for two months certain expired government programs, including unemployment insurance benefits. It also would extend certain satellite TV laws and small business lending programs for one month. [Vote 116, 4/15/10] PAYROLL TAX XXXX Voted For Omnibus Spending Bill That Would Prevent Government Shutdown, Extend Payroll Tax Cut for Two Months. In 2011, XXXX voted for adoption of the conference report on the bill that would provide approximately $915 billion in discretionary appropriations for fiscal 2012. Included in that total is approximately $518.8 billion in base Defense funding, $32.1 billion for the Energy Department and related agencies, $21.5 billion in discretionary funding for Financial Services, $41.3 billion for Homeland Security, $29.2 billion for Interior- Environment, $156.3 billion in discretionary funding for Labor-HHS-Education, $4.3 billion for Legislative Branch, $73.7 billion in discretionary funding for Military Construction-VA and $33.5 billion for the State Department and foreign assistance. The bill was adopted (thus cleared for the president) by a vote of 67-32. [HR 2055, Vote #235, 12/17/11; ABC News, 12/17/11] XXXX Missed The Vote On The Payroll Tax Cut Extension Compromise. In 2012, XXXX missed the vote on adoption of the conference report on the bill that would extend the 4.2 percent employee payroll tax rate through 2012. It also would renew long-term unemployment benefits into January 2013, with three stages of reductions. The current Medicare reimbursement rate for physicians would be preserved through 2012, preventing a scheduled 27.4 percent payment cut. The cost of the legislation would be partially offset by requiring larger pension payments from newly hired federal employees and from lawmakers, by auctioning blocks of electromagnetic spectrum used by television broadcasters and by reducing funds for certain programs tied to the 2010 health care overhaul. The conference report was adopted (thus cleared for the president) by a vote of 60-36. [HR 3630, Vote #22, 2/17/12] XXXX Voted For Omnibus Spending Bill That Would Prevent Government Shutdown, Extend Payroll Tax Cut for Two Months. In 2011, XXXX voted for adoption of the conference report on the bill that would provide approximately $915 billion in discretionary appropriations for fiscal 2012. Included in that total is approximately $518.8 billion in base Defense funding, $32.1 billion for the Energy Department and related agencies, $21.5 billion in discretionary funding for Financial Services, $41.3 billion for Homeland Security, $29.2 billion for Interior- Environment, $156.3 billion in discretionary funding for Labor-HHS-Education, $4.3 billion for Legislative Branch, $73.7 billion in discretionary funding for Military Construction-VA and $33.5 billion for the State Department and foreign assistance. The bill was adopted (thus cleared for the president) by a vote of 67-32. [HR 2055, Vote #235, 12/17/11; ABC News, 12/17/11] ESTATE TAX 273

XXXX Voted To Repeal The Estate Tax But Without Raising New Revenue. In March 2013, XXXX voted in favor of Thune, R-S.D., amendment no. 307 that would create a deficit-neutral reserve fund to allow for legislation to permanently eliminate the federal estate tax as long as the legislation's costs are offset without raising new revenue. The amendment was rejected by a vote of 46-53 (D 2-50; R 44-1; I 0-2). [Vote 67, 3/22/13] XXXX Voted for Irresponsible Package That Included Estate Tax Cut for Wealthiest Americans. In 2006, XXXX voted for the so-called “trifecta” bill which would raise the minimum wage, extend popular expiring tax cuts and permanently cut the estate tax to exempt $5 million of an individual’s estate and tax $25 million estates at a 15% rate. The estate tax measure would cost $268 billion over ten years. “This trifecta is a high-stakes gamble with America’s future,” said Sen. Dick Durbin. “This bill will add almost $1 trillion to the debt,” Sen. Harry Reid said. “Eighty-one hundred of the wealthiest families hit the jackpot while working Americans pay the debt.” [Vote 229, 8/3/06; New York Times, 8/4/06; San Francisco Chronicle, 8/4/06; AP, 8/5/06] XXXX Supported Trillion-Dollar Permanent Estate Tax Repeal. In June 2006, XXXX voted to permanently repeal the estate tax. According to the Joint Committee on Taxation, the repeal would cost $386.5 billion between 2007 and 2016. It would cost about $1 trillion over the first decade in which its costs would be fully felt (2012- 2021). Without this bill, the estate tax was set to expire in 2010 after being gradually reduced since 2001; in 2011, though, it will go back to its original level. The estate tax affects less than 1% of families nationwide. Critics referred to the proposed repeal as the “Paris Hilton tax break.” [Vote 164, 6/8/06; Center on Budget and Policy Priorities, 6/9/06; USA Today, 6/9/06; New York Times, 6/9/06; Atlanta Journal-Constitution, 6/9/06] XXXX Voted to Accelerate Repeal Of The Estate Tax. On March 20, 2003, XXXX voted for an amendment that would accelerate the scheduled repeal of the estate tax. The amendment, which was sponsored by Sen. Kyl, would move up the repeal of the so-called “death tax” from 2010 to 2009. [Vote 62, 3/20/03] XXXX Voted For A Permanent Repeal Of The Estate Tax. In 2003, XXXX voted to express the sense of the Senate that the estate tax repeal enacted in 2001 should be made permanent. The amendment was agreed to 56-42. [Vote 28, 2/13/03] XXXX Voted to Permanently Repealing The Estate Tax. XXXX voted to waive the Budget Act for the consideration of the Gramm/Kyl substitute amendment (No. 3833) to the Death Tax Elimination Act of 2001 (H.R. 8). The Gramm/Kyl substitute amendment would enact a permanent repeal of the death tax. The motion was rejected, 54-44. [HR 8, Vote 151, 6/12/02] XXXX Voted Against Eliminating The Phase-Down And Reduction Of The Estate Tax. XXXX voted against waiving the Budget Act for the consideration of the Conrad substitute amendment (No. 3831) to the Death Tax Elimination Act of 2001 (H.R. 8). The Conrad substitute amendment would eliminate the phase-down and reduction in the death tax, keeping it at 50 percent. It would increase the exclusion to $3 million beginning in 2003 (it would retain the increase to $3.5 million in 2009). The motion was rejected, 38-60. [HR 8, Vote 150, 6/12/02] XXXX Opposed A Democratic Substitute To Keep The Estate Tax. XXXX voted against waiving the Budget Act for the consideration of the Reid (for Dorgan) substitute amendment (No. 3832) to the Conrad substitute amendment (No. 3831) to the Death Tax Elimination Act of 2001 (H.R. 8). The Reid (for Dorgan) substitute amendment to the Conrad amendment would make the death tax rates in 2009 permanent, would increase the exclusion amount to $4 million in 2009, and would remove the income eligibility limit for the death tax exclusion (section 2057) for family-owned businesses and farms. The motion to waive was rejected, 44-54. [HR 8, Vote 149, 6/12/02] XXXX Voted For A Permanent Repeal Of The Estate Tax. In 2002, XXXX voted to express the sense of the Senate that the estate tax repeal enacted in 2001 should be made permanent. The amendment was agreed to, 56-42. [S 1731, Vote 28, 2/13/02] XXXX Voted Against a Smaller Tax Cut For Highest Incomes, Voted to Keep Repeal of Estate Tax. In 2001, XXXX voted against a smaller package of tax cuts than the trillion-plus dollar tax cut package. The measure 274

XXXX voted against included only a 1 percent reduction in the top tax bracket – which was 39 percent – and not a 3 percent reduction. The provision also eliminated the repeal of the estate tax and increased the value of an estate that would be exempt from the tax and exclude family-owned businesses. The savings would be used for debt relief and infrastructure improvements. The vote was on an amendment to the Tax Relief Act of 2001. [HR 1836, Vote 123, 5/21/01; Congressional Quarterly Daily Monitor, 5/21/01] XXXX Voted Against Dropping Provisions To Repeal The Estate Tax. In 2001, XXXX voted against striking provisions that would repeal the death tax in 2011. The amendment was rejected, 42-57. [HR 1836, Vote 158, 5/22/01] XXXX Voted to Continue Estate Tax Revenue Sharing. In 2001, XXXX voted to continue estate tax revenue sharing at its current rate until estate taxes were eliminated in 2011. The amendment would direct the Secretary of the Treasury to increase the top tax rate by the amount necessary to offset the cost to the Treasury that would come from the increased spending. The motion was rejected, 42-57. [HR 1836, Vote 150, 5/22/01] XXXX Voted to Keep the Elimination of the Estate Tax in Budget Reconciliation Bill. In 2001, XXXX voted against removing estate tax reductions from the budget reconciliation bill. [HR 1836, Vote 134, 5/22/01] XXXX Voted Against Raising Estate Taxes to Pay For Elimination of Medicaid Estate Recovery Program. In 2001, XXXX voted not to eliminate the Medicaid Estate Recovery Program and as an offset, direct the Treasury Department to increase estate tax rates on the largest estates to increase the amount collected each year by $120 million. The vote was on a motion to motion to waive the Budget Act to consider a Feingold amendment to the Tax Relief Act of 2001. [HR 1836, Vote 132, 5/22/01] XXXX Voted Against Limiting Estate Tax Cuts. In 2001, XXXX voted against the limiting the estate tax cuts in the bill, as follows: it would strike the estate tax repeal in 2011; it would set the tax rate for estate values in excess of $2.5 million at 53 percent; it would set the tax rate for estate values over $1.5 million at 45 percent; and it would increase the exemption amount to $1.25 million in 2007 and 2008, to $1.5 million in 2009 and 2010, and to $4 million in 2011. The amendment would also provide an unlimited exemption from estate taxes, starting in 2003, for qualified family-owned businesses and farms. The amendment was rejected, 43-56. [HR 1836, Vote 124, 5/21/01] XXXX Opposed Reducing Estate Tax Cuts. XXXX, on May 17, 2001, voted against the Schumer amendment to H.R.1836, which was an amendment to increase the higher education tax deduction from $5,000 to $12,000 for single filers with income below $65,000, single heads of households under $90,000, and joint filers with income below $130,000, and to increase the student loan tax credit from $500 to $1,000 for single filers earning up to $35,000, and joint filers earning up to $70,000, with these tax cuts offset by a reduction in the estate tax rate cut in the underlying bill. [HR 1836, Vote 114, 5/17/01] XXXX Voted Against the Estate Tax Elimination Bill. In 2000, XXXX voted to require the Finance Committee to recommit the Death Tax Elimination Act to committee. The vote was on the Lott motion to recommit the Death Tax Elimination Act with instructions. [Vote 196, 7/14/00] XXXX Voted Against Repealing The Estate Tax For Estates Over $100 Million. In 2000, XXXX voted against retaining the estate tax for estates of more than $100 million in size. The vote was on the Feingold amendment to the Death Tax Elimination Act. [Vote 195, 7/14/00] XXXX Voted Against Adding Proposed Spending Increases and Tax Breaks to Estate Tax Bill. In 2000, XXXX voted against an amendment that would enact numerous tax relief and spending proposals, including the proposals that were advanced by Senate Democrats on previous amendments, except that it would not adopt the provision that was included in each of those amendments that would reduce the Federal estate taxes instead of eliminating them entirely. The motion was rejected, 14-84. [Vote 194, 7/14/00] XXXX Voted Against Reduce Estate Taxes Instead Of Eliminating Them. In 2000, XXXX voted against an amendment that would reduce Federal death taxes instead of eliminating them. More specifically, it would 275

gradually increase the qualified family-owned business deduction amount from the current $1.3 million to $3.375 million in 2009, and it would gradually increase the current $675,000 exclusion amount on which the unified estate and gift tax credit is based to $2 million in 2009. The amendment was rejected, 46-51. [Vote 193, 7/14/00] XXXX Opposed Partial Estate Tax Repeal and Increasing the Dependent Care Tax Credit. In July 2000, XXXX voted against an amendment that would increase the general estate tax exemption for a couple to $4 million, as well as the family-owned business exemption to $8 million per couple by 2010 and increase the amount of the Dependent Care Tax Credit that families earning under $60,000 can claim. It also would make the tax credit refundable, and allow stay-at-home parents with children under the age of 1 to claim a portion of the tax credit. [Vote 191, 7/14/00] XXXX Opposed Partial Estate Tax Repeal and Increased Affordable Housing Funding. In July 2000, XXXX voted against an amendment that would increase the general estate tax exemption for a couple to $4 million, as well as the family-owned business exemption to $8 million per couple by 2010 and establish a National Affordable Housing Trust Fund for the production of affordable housing. The amendment would dedicate $5 billion to the trust fund. [Vote 189, 7/14/00] XXXX Opposed Partial Estate Tax Repeal and Funding for a New Social Security Benefit. In July 2000, XXXX voted against an amendment that would increase the general estate tax exemption for a couple to $4 million, as well as the family-owned business exemption to $8 million per couple by 2010 and create a Social Security KidSave account, to which the Treasury Department would set aside $1,000 for every newborn. It also would provide tax credits to small business to establish and maintain qualified pension plans. [Vote 187, 7/13/00] XXXX Opposed Partial Estate Tax Repeal and Funding for a Medicare Prescription Drug Benefit. In July 2000, XXXX voted against an amendment that would increase the general estate tax exemption for a couple to $4 million, as well as the family-owned business exemption to $8 million per couple by 2010 and provide that the first $40 billion of the additional projected savings be directed to provide a Medicare prescription drug benefit program. [Vote 186, 7/13/00] XXXX Opposed Partial Estate Tax Repeal and Increased Education Funding. In July 2000, XXXX voted against an amendment that would increase the general estate tax exemption for a couple to $4 million, as well as the family-owned business exemption to $8 million per couple by 2010 and uses projected savings to fund various education programs, including $1.3 billion in grants and loans for repairs for schools in high-needs areas, and $2.2 billion for the recruitment, mentoring and professional development of qualified teachers. The vote failed 47-53. [Vote 184, 7/13/00] INTERNET TAX XXXX Voted Against Allowing States To Require Large Out-Of-State Internet Retailers To Collect Sales Tax. In May 2013, XXXX voted against passage of the bill that would allow states to require out-of-state retailers with annual remote sales that exceed $1 million to collect sales taxes on items delivered to the state. States would have to simplify how they collect and audit their sales taxes, and provide free software to retailers to calculate the taxes owed. As amended, the bill would delay tax collection by such retailers until six months after the state publishes notice of its intent to require it. States could not impose sales tax requirements on remote sellers that are any different from those required of in-state retailers. The measure passed by a vote of 69-27 (D 46-5; R 21-22; I 2- 0). [Vote 113, 5/6/13] XXXX Voted Against Delaying Implementation of A State Sales Tax On Internet Purchases Until Six Months After A State Signals Its Intent To Require Collection Of Tax. In May 2013, XXXX voted against Enzi, R-Wyo., perfecting amendment no. 741 that would delay sales tax collection by out-of-state retailers with annual remote sales that exceed $1 million until six months after the state publishes notice of its intent to require it. States could not impose sales tax requirements on remote sellers that are any different from those required of in- state retailers. The amendment was adopted by a vote of 70-24 (D 46-5; R 22-19; I 2-0). [Vote 112, 5/6/13] 276

XXXX Voted to Extend the Internet Tax Moratorium. In April 2004, XXXX voted for a bill that would extend the Internet tax moratorium for four years. It also would prohibit two or more states from taxing the same online purchase and would bar taxes that specifically target Internet commerce. It would allow states and localities to tax Voice Over Internet Protocol service. It also would require a General Accounting Office study of the tax moratorium’s impact on state and local economies. [Vote 77, 4/29/04] XXXX Voted Against Retaining Local Taxes on DSL Services. In April 2004, XXXX voted to kill an amendment to the Internet Tax Moratorium bill that would extend the exemption from the bill’s provisions to four years for states and localities that already tax consumer digital subscriber line (DSL) services. [Vote 76, 4/29/04] XXXX Voted to Limit Internet Revenues. In April 2004, XXXX voted to invoke cloture on a proposal to extend the Internet tax moratorium for four years. It also would prohibit two or more states from taxing the same online purchase and would bar taxes that specifically target Internet commerce. [Vote 75, 4/29/04] XXXX Voted Against Keeping The Internet Tax Free. In 2004, XXXX voted to kill an amendment to the Internet Tax Moratorium that would “specify that the definition of Internet access service would not include a tax levied on or measured by net income, capital stock, net worth or property value. It also would not apply to any payment made for the use of a public right-of-way or in lieu of a fee for the use of a public right-of-way, including an access line fee, franchise fee, license fee or gross receipt fee.” [Vote 72, 4/27/04; CQ, 4/27/04] XXXX Voted to Ban State Taxes on Internet Access. In April 2004, XXXX voted to invoke cloture on the motion to proceed to the bill that would permanently ban states from imposing taxes on Internet access. [Vote 71, 4/26/04] XXXX Voted Against State Sales Tax On Internet Commerce. In 2001, XXXX voted to table an amendment that could have led to future collection of state taxes on Internet sales and even Internet access. The proposal would have required a congressional vote to allow sales tax collections after 20 states agreed to collect for each other. The vote was on a motion to table the Enzi/Dorgan amendment to the Internet Tax Nondiscrimination Act. [HR 1552, Vote 341, 11/15/01; Associated Press, 11/15/01] XXXX Voted Against Permanently Extending The Moratorium On Internet Taxes. In 2001, XXXX voted against an amendment that would permanently extend the moratorium on Internet taxes (which was due to expire on September 30, 2001). The motion was rejected, 11-88. [HR 1836, Vote 128, 5/21/01] XXXX Voted Against Internet Tax. In 1998, XXXX opposed permitting states to require companies selling foods over the internet or through catalogs to collect sales taxes on those transactions. [Vote 296, 10/2/98] MARRIAGE PENALTY XXXX Voted to End Tax Protection for Combat Pay Against Relief From Marriage Penalty. In November 2005, XXXX voted against a Democratic motion to provide relief from the marriage penalty and from the military service penalty faced by many low-income taxpayers. [Vote 344, 11/17/05; Congressional Record, 11/17/05] XXXX Voted Against Responsible Tax Package That Included Marriage Penalty Cuts. XXXX voted against a substitute to the 2003 Bush tax bill which would have frozen the highest tax rates and tripled the amount of income that was subject to the lowest tax rate. The amendment would triple the amount of income taxable in the 10 percent tax bracket, freeze the top income tax rate, and retain the original bill’s changes to the child tax credit, marriage penalty and alternative minimum tax. The changes would be offset by eliminating the bill’s dividend tax cuts. [Vote 168, 5/15/03; Star Tribune, 5/16/03] XXXX Voted Against Accelerating Marriage Tax Cut For Lower Income Families. In 2003, XXXX voted against an amendment that would have accelerated relief of the so-called marriage penalty for married couples receiving the Earned Income Tax Credit. It would be offset by paring back the reduction in the top income tax rate. [Vote 155, 5/15/03] 277

XXXX Voted To Accelerate Elimination of the So Called “Marriage Penalty.” In May 2001, XXXX voted for an amendment that would accelerate the elimination of the so-called "marriage penalty" in the standard deduction to become fully effective in 2002. It would be offset by reducing the amount allowed to be deducted for higher education expenses. It also would delay the increase in allowable contributions to education savings accounts. [HR 1836, Vote 113, 5/17/01] XXXX Voted To Increase Tax Cuts To Eliminate The Marriage Penalty. In 2001, XXXX voted for an amendment that would increase the tax relief provided over 10 years by $69 billion, with the intention that the additional relief be used to increase the amount of relief available to eliminate the marriage penalty. The amendment was agreed to, 51-50, with Vice President Cheney voting “aye.” [H Con Res 83, Vote 79, 4/5/01] XXXX Voted to Reduce The Marriage Penalty By $292 Billion Over 10 Years And Expand The Earned Income Tax Credit. In 2000, XXXX voted to reduce the federal tax penalty imposed on married couples: by increasing their standard deduction; by expanding their 15-percent tax bracket; by expanding the Earned Income Credit; and by exempting family tax credits from the individual Alternative Minimum Tax. President Clinton promised to veto the plan, which was expected to cost $292 billion over 10 years. The vote was on the conference report to accompany the Marriage Tax Relief Reconciliation Act of 2000. [Vote 226, 7/21/00; Associated Press; 7/22/00] XXXX Voted for Passage Of A Bill That Would Eliminate The Marriage Penalty Tax. In 2000, XXXX voted for passage of the Marriage Tax Relief Reconciliation Act of 2000 (H.R. 4810). The bill would increase the standard deduction for married couples to twice that of single taxpayers. It would also expand the income limits on both the 15 percent and 28 percent tax brackets for married couples to twice that of singles. The bill passed, 61-38. [Vote 215, 7/18/00; CQ, 7/18/00] XXXX Voted For A Republican Substitute Amendment To Strike All Amendments To A Marriage Tax Relief Bill. In 2000, XXXX voted for a substitute amendment that would remove the amendments that were made to the bill during floor consideration, so that the only issue that would be addressed by the bill would be relief from the tax penalty on marriage. The amendment was agreed to, 54-45. [Vote 214, 7/18/00] XXXX Voted Not to Eliminate Marriage Penalty Tax Cuts. In 2000, XXXX voted against eliminating “marriage penalty” tax cuts. [Vote 213, 7/18/00] XXXX Voted Against Increasing Standard Deductions For Individual And Joint Tax Filers. In 2000, XXXX voted against an amendment that would strike the expansions for married couples of the 15-percent tax bracket and the 28-percent bracket. It would then increase the standard deduction for individual tax filers to $4,750, for head of household tax filers to $7,500, and for joint tax filers to 9,500. The amendment was rejected, 40-56. [Vote 201, 7/17/00] XXXX Voted Against Allow Married Couples To File Either Joint Or Individual Returns. In 2000, XXXX voted against an amendment that would allow married couples either to file joint returns or individual returns. The amendment was rejected, 46-50. [Vote 200, 7/17/00] XXXX Voted for An Amendment To Eliminate The Sunset Of The Marriage Penalty Cut. In 2000, XXXX voted for an amendment to sunset the elimination of the marriage penalty relief in this bill after 5 years. The motion was rejected, 48-47. [Vote 199, 7/17/00] XXXX Voted To Cut The Marriage Tax Penalty And Expand The Earned Income Tax Credit. In 2000, XXXX voted to reduce the federal tax penalty imposed on married couples, expanding the 15-percent bracket, and expanding the Earned Income Tax Credit (EITC). The vote was a motion to close debate on the Marriage Tax Penalty Relief Act of 2000. [Vote 87, 4/27/00] 278

XXXX Voted To Reduce The Marriage Penalty Tax. In 2000, XXXX voted to increase the standard deduction available to married couples filing jointly and eventually raise the 15 percent tax bracket for married couples to double that for singles. The measure, which would also expand the Earned Income Tax Credit (EITC), would cost an estimated $182 billion over the next 10 years. The cloture motion was rejected, 53-45. [Vote 83, 4/13/00] XXXX Voted for Cloture On A Substitute Amendment To Cut The Marriage Tax Penalty. In 2000, XXXX voted to end debate on an amendment that would reduce the Federal tax penalty imposed on married couples by increasing their standard deduction, expanding the 15-percent and 28-percent tax brackets, expanding the EIC, and exempting family tax credits from the individual Alternative Minimum Tax. The cloture motion was rejected, 53- 45. [Vote 82, 4/13/00] XXXX Voted Against Democratic Targeted Marriage Tax Penalty Relief. In 1998, XXXX voted against Democratic targeted marriage tax penalty relief (would provide $7 billion in tax relief for two-income married couples). [Vote 243, 7/29/98] TAX CREDITS THAT CREATE AMERICAN JOBS XXXX Voted Against Tax Credits For Businesses That Shifted Jobs Overseas Back To The United States. In July 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would provide a 20 percent business tax credit to cover the cost of shifting overseas jobs back to the United States and eliminate tax credits for expenses related to moving operations abroad. The motion was rejected by a vote of 56-42 (D 50-0; R 4-42; I 2-0). [Vote 181, 7/19/12] XXXX Voted Against A Bill To Provide Incentives To Businesses Hiring American Workers For Jobs Performed Overseas. In September 2010, XXXX voted for a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would provide U.S. companies a two-year reduction in their share of Social Security payroll taxes for new employees hired to replace workers performing similar duties overseas. It would be offset by repealing various tax breaks for companies that close plants in the United States and move operations overseas. [Vote 242, 9/28/10] XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States That Was Paid For By Closing Foreign Tax Loopholes. In August 2010, XXXX voted against a Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. The cost of the programs would be offset by changing foreign tax provisions, ending increased food stamp benefits beginning in April 2014 and rescinding previously enacted spending. [Vote 228, 8/5/10]  XXXX Voted Against $26.1 Billion In Medicaid And Education Funding For States. In August 2010, XXXX voted against a Murray, D-Wash., motion to waive the Budget Act and budget resolutions with respect to the Gregg, R-N.H., point of order against the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 225, 8/4/10]  XXXX Voted Against $26.1 Billion In Medicaid and Education Funding For States. In August 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to concur in the House amendment to the Senate amendment with a further Murray, D-Wash., substitute amendment no. 4575 that would provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in education funding for states. [Vote 224, 8/4/10] XXXX Voted to Keep Tax Incentives for Offshore Companies. In 2005, XXXX voted against an amendment that would repeal tax incentives for domestic companies that move their manufacturing plants to offshore locations and use the resulting revenue to reduce the federal deficit and debt by $3.2 billion from 2006 to 2010. [Vote 63, 3/17/05] 279

XXXX Voted to Keep Tax Breaks that Export Jobs Overseas. In May 2004, XXXX voted against an amendment that would strike $39 billion in tax breaks on overseas income from the bill. The amendment would provide for an immediate 9 percent tax deduction for domestic manufacturers. [Vote 90, 5/11/04] XXXX Voted Against a Manufacturing Jobs Tax Credit. In May 2004, XXXX voted against an amendment that would strike from the underlying bill all international tax provisions and the tax deduction provisions related to income attributable to U.S. production activities. It would replace them with a new tax credit equal to 1.66 percent of the wages an employer paid to each employee in manufacturing up to $35,000 per employee. [Vote 82, 5/5/04] XXXX Voted Against Rolling Back Bush Tax Cuts To Pay For Small Business Initiatives. In 2004, Senator XXXX voted against a proposal to create a reserve fund to allow up to $24 billion in additional funding for employment initiatives, including tax credits for companies that create manufacturing jobs and small businesses that provide health care. This spending will be offset by rolling back millionaire tax cuts. [Vote 41, 3/11/04; CQ, 3/11/04] XXXX Voted To Reduce Taxes on US Companies’ Oversees Income From 35% to 5.25%. XXXX voted for an amendment that would lower the tax on U.S. companies’ overseas income in 2003 from 35 percent to 5.25 percent, provided that the company uses the difference to provide more jobs. The San Francisco Chronicle reported that “California high-tech companies” supported the Ensign amendment “as a win-win way to boost U.S. investment while increasing revenue to the Treasury, because such earnings are often held overseas indefinitely to avoid the tax.” [Vote 165, 5/15/03; San Francisco Chronicle, 5/16/03] RESEARCH AND DEVELOPMENT XXXX Voted For Making Permanent A Lapsed Tax Credit For Research And Development Investment. In September 2010, XXXX voted for a Hatch, R-Utah, motion to suspend Rule 22 to permit the consideration of a Hatch motion to commit the bill to the Finance Committee with instructions that it be reported back with language that would make permanent a lapsed tax credit for research and development investment. [CQ; Vote 235, 9/16/10] XXXX Voted to Extend the Research and Development Tax Credit. In March 2004, XXXX voted for an amendment that would provide for an 18-month extension of the research and development tax credit. It would modify the tax credit beginning Jan. 1, 2005, by increasing the tiered rates of the alternative incremental research credit and by creating an alternative simplified research credit. It would expand the definition of a research consortium to include at least five unrelated companies. It also would increase from 65 percent to 100 percent the amount of credit that could be claimed for qualified research expenses paid to small businesses, universities and federal laboratories. [S 1637, Vote 31, 3/3/04] XXXX Voted Against Extending R&D Tax Credit. In May 2003, XXXX voted against an amendment that would have extended the business research and development tax credit through 2013. It would be offset by eliminating the bill’s exclusion of dividends from income taxes. [Vote 154, 5/15/03] XXXX Rejected Tax Credits for Renewable Energy Technologies. In 2001, XXXX voted against an amendment from Senator Bingaman (D-NM) to establish tax credits for investments in renewable energy technologies. XXXX voted against these incentives even as our country must increase our energy efficiency to be less dependent on foreign oil. [HR 1836, Vote 125, 5/21/01] XXXX Voted to Permanently Extend The Research And Development Tax Credit. In 2000, XXXX voted for an amendment that would permanently extend the research and experimentation tax credit. The amendment was agreed to, 98-1. [Vote 181, 7/13/00] FLAT TAX 280

XXXX Voted to Study Implementing a Flat Tax. In May 2003, XXXX voted for an amendment that would express the sense of the Senate that the Senate Finance Committee and the Joint Economic Committee should undertake a study on ways to simplify the tax code, including implementing a flat tax, and present their findings to the Senate. The amendment passed 70-30. [Vote 150, 5/15/03] GAS TAX XXXX Voted Against A Bill To Suspend Federal Gas Taxes. In 2000, XXXX voted against a motion to close debate on the Federal Fuel Tax Holiday Act of 2000 (S. 2285). The bill would suspend the 4.3-cent per gallon Federal excise tax on gasoline, diesel, kerosene, and aviation fuel, from April 16 to December 31, 2000. In the event the national average price of unleaded regular gasoline rises to $2 per gallon, the bill would further suspend all Federal excise taxes on fuels (retaining only the 0.1-percent portion devoted to the Leaking Underground Storage Tanks Trust Fund). The cloture motion was rejected, 43-56. [Vote 80, 4/11/00] XXXX Voted To Reject Gasoline Tax Increases To Eliminate The Combustion Engine. In 2000, XXXX voted for an amendment that would express the sense of the Senate that the levels in this resolution "assume that the Senate will not, on behalf of Vice President Al Gore, increase gasoline and diesel fuel taxes by $1.50 per gallon effective July 1, 2000, and by an additional $1.50 per gallon effective fiscal year 2005, as part of 'a coordinated global program to accomplish the strategic goal of completely eliminating the internal combustion engine, over, say, a twenty-five year period.' The amendment was agreed to, 99-0. [Vote 60, 4/6/00] XXXX Voted Against Cloture On A Bill To Suspend Federal Gas Taxes. In 2000, XXXX voted against a motion to close debate on the motion to proceed to the Federal Fuel Tax Holiday Act of 2000 (S. 2285). The bill would suspend the 4.3-cent per gallon Federal excise tax on gasoline, diesel, kerosene, and aviation fuel, from April 16 to December 31, 2000. The cloture motion was agreed to, 86-11. [Vote 51, 3/30/00] MISCELLANEOUS XXXX Voted To Prohibit Immigrants From Collecting Tax Refunds For Years That They Were Here Illegally. In 2006, Senator XXXX voted for a Republican amendment to the Senate immigration bill that “would prohibit illegal immigrants who apply for status adjustment under the bill from collecting any tax refunds or filing any claims for the Earned Income Tax Credit or other tax benefits for tax years prior to 2006.” So any immigrant that gained legal status through the Senate bill would not be able to claim the credit for the years they were here illegally. [Vote 155, 5/25/06; CQ, 5/25/06; Las Vegas Review-Journal, 5/26/06] XXXX Voted to Bar Illegal Immigrants from Claiming EITC. In 2006, XXXX voted for an amendment to the Senate immigration bill that would prohibit illegal immigrants from claiming the Earned Income Tax Credit until they receive citizenship. Sen. Jeff Sessions, who sponsored the amendment, argued, “Because when the people that are here illegally, most of them -- 60 percent, perhaps -- are not high school graduates. They’re going to qualify for the earned income tax credit. I tried to get that stopped until they become a citizen, and it would have saved $40 billion. We lost that vote.” [Vote 154, 5/25/06; CQ, 5/25/06; Fox News, The Big Story With John Gibson, 5/25/06] XXXX Voted to Repeal ‘93 Social Security Tax Hike But Didn’t Offer a Way to Pay for the Repeal. In March 2005, XXXX voted to repeal the 1993 tax increase on Social Security benefits for individuals who earn more than $34,000 and couples earning more than $44,000., but the amendment XXXX supported included no offset for the $64 billion cost of the repeal. Even Republicans who supported the repeal said it was a largely symbolic vote. [Vote 74, 3/17/05; Columbus Dispatch, 3/19/05; New York Times, 3/19/05; Washington Post, 3/18/05] XXXX Voted Against Prioritizing Social Security Solvency Over New Tax Cuts. In 2005, XXXX voted against making the consideration of new tax cuts or deficit-busting spending subject to a 60-vote majority until Congress restored the solvency of Social Security for 75 years. [Vote 47, 3/15/05; National Journal’s CongressDaily, 3/16/05] 281

XXXX Opposed $2 Billion for Tax-Exempt Environmentally Friendly Construction Projects. In May 2004, XXXX voted against an amendment to S.1637, which was an amendment to authorize $2 billion for “tax-exempt bonds for environmentally friendly construction projects.” [Vote 84 5/5/04; National Journal’s Congress Daily, 05/06/04] XXXX Voted to Make It Tougher to Raise Taxes on the Wealthiest Americans. In March 2004, XXXX voted for a motion to create a 60-vote point of order against legislation that seeks to increase taxes on the top income tax bracket without an exemption for small businesses. The budgetary point of order could be waived by a three-fifths majority vote of the total Senate. [Vote 55, 3/11/04] XXXX Opposed Raising Cigarette Taxes to Pay for Health Services. XXXX voted against the Harkin amendment to the Fiscal Year 2005 Budget Resolution, which was an amendment to provide $2 billion for deficit reduction and $30.5 billon over five years for medical research and health services, such as tobacco cessation programs, mental health programs, and substance abuse programs, with the $32.5 billion offset by increasing the cigarette tax by 61 cents per pack. [Vote 46, 3/11/04] XXXX Voted Against Stopping the IRS From Using Private Debt Collection Firms to Collect Delinquent Tax Payments. In May 2003, XXXX voted to keep a provision in the 2003 Bush tax cut package that would allow the Internal Revenue Service to enter contracts with private debt collection firms in order to collect delinquent tax payments. [Vote 176, 5/15/03] XXXX Voted Against Ending “Janitors Insurance” Corporate Loophole. In 2003, XXXX voted against an amendment that would remove a provision of the tax code that allows a company to purchase life insurance policies for non-critical employees without the employee’s knowledge, making the company eligible for a tax break. [Vote 175 5/15/03; National Journal’s “The Hotline,” 5/16/03; Edwards Press Release, 5/15/03] XXXX Voted For Billions in Tax Breaks For Charitable Giving; For $1.4 Billion More Over Two Years For The Social Services Block Grant. In 2003, XXXX voted for a bill that would authorize $12.7 billion in tax breaks and additional spending for social services. It would include a tax deduction for non-itemizers who take the standard deduction and make charitable contributions, and would give a tax break for donations to charity beyond $250 in any one year, up to $500. To keep the cost down, the new tax deduction would expire in two years. It would provide incentives to increase charitable giving by corporations, offset by limitations on offshore corporate tax shelters. It also would authorize a $1.4 billion increase for the Social Service Development Block Grant and additional funds to provide technical assistance to small church groups that do not have the resources to compete for federal funding. [S 476, Vote 128, 4/9/03; Associated Press, 4/9/03] XXXX Voted Against Making Polluters Pay To Clean Up Their Messes Through Tax. In 2003, XXXX voted against a Democratic amendment to the FY04 Budget Resolution “that would have reinstated a tax on polluters to help pay for cleaning up the Superfund toxic waste sites.” [Vote 97, 3/25/03; AP, 3/25/03] XXXX Opposed Saving $34 Million by Cutting Unnecessary Tax Notices. XXXX voted against an amendment offered by Senator Schumer to cut $33.9 million and prevent the IRS from printing and mailing unnecessary tax notices to taxpayers about the upcoming rebate. Many of these tax notices are going to taxpayers who will not get a rebate. [S. 1077, Vote 227, 7/10/01] XXXX Voted Not To Provide Immediate Income And Payroll Tax Rebates. In 2001, XXXX voted against an amendment that would provide $300 to any taxpayer who had total income tax or payroll tax liability in 2000 of $300 or more (any taxpayer with less than that amount would receive a check to rebate that lesser amount). To pay for these rebates, the amendment would direct the Secretary of the Treasury to reduce the rate cut for the 39.6- percent tax bracket. The amendment was rejected, 43-56. [HR 1836, Vote 139, 5/22/01] XXXX Voted for Elimination of Tax Code Without Replacement. In 1998, XXXX voted for the Hutchinson amendment to S.Con.Res.86, which was an amendment to express the sense of the Senate that the Senate should pass an IRS restructuring bill that includes taxpayer protections, expanded oversight, and IRS employee 282

accountability. This amendment would express the sense of Congress that the federal tax code should sunset by the end of 2001. [Vote 62, 4/2/98] XXXX Cast Crucial Vote Against Repealing Current Tax Code. In 1998, Robert cast a crucial vote against a motion to waive the Congressional Budget Act of 1974 to allow consideration of the Hutchinson amendment to S.2312, which was an amendment to abolish the current tax code by December 31, 2002, and recommend that Congress approve a new tax code by July 4, 2002. [Vote 241, 7/28/98] XXXX Voted to Create a 60-Vote Majority for Any Measure that Exceeds Projected Spending Targets. In 1997, XXXX Voted to create a 60-vote majority for any measure that exceeds projected spending targets for fiscal year 1998 through fiscal year 2002, even though this effectively leads to deep cuts in Medicare, Medicaid, and other mandatory programs. [Vote 145, 6/27/97] 283

TELECOMMUNICATIONS AND TECHNOLOGY HIGHLIGHTS  THE XXXX RECORD TELECOMMUNICATIONS XXXX Voted Against Clarifying the Definition of Internet Access. In April 2004, XXXX voted to kill an amendment that would specify that the definition of Internet access service would not include a tax levied on or measured by net income, capital stock, net worth or property value. It also would not apply to any payment made for the use of a public right-of-way or in lieu of a fee for the use of a public right-of-way, including an access line fee, franchise fee, license fee or gross receipt fee. The underlying substitute amendment would extend the Internet tax moratorium for four years. [S 150, Vote 72, 4/27/04] MEDIA XXXX Voted to Ban Spending to Reinstate the “Fairness Doctrine.” In March 2009, Robets voted for an amendment to the omnibus spending bill from John Thune of South Dakota to bar the Federal Communications Commission from spending funds to reinstate the defunct “Fairness Doctrine,” which required broadcasters to air discussions of controversial views and present opposing viewpoints. The amendment was rejected 47-50. [CQ Today, 3/10/09; Vote 92, 3/10/09] XXXX Voted to Prevent the FCC From Reinstating the “Fairness Doctrine.” In February 2009, XXXX voted for a Jim DeMint, R-S.C. offered-amendment to the D.C. Voting Rights bill that would prevent the Federal Communications Commission from reinstating the so-called “fairness doctrine,” a defunct rule that required broadcasters to present opposing points of view on controversial issues. Obama has said he opposes reviving that policy. It was adopted, 87-11. [CQ Today, 2/26/09; Vote 71, 2/26/09]  But Voted Against Encouraging Diversity in Communication Media Ownership. In February 2009, XXXX voted against a companion amendment offered by Dick Durbin, D-IL, that would promote diversity in communication media ownership as well as ensure that broadcast station licenses were used in the public interest. The amendment does not deal with the doctrine. It was adopted, 57-41. [CQ Today, 2/26/09; Vote 70, 2/26/09] XXXX Voted to Block Consideration of a Bill to Protect Journalists from Revealing Sources in Court. In July 2008, XXXX voted to block consideration of a bill that would protect journalists from having to identify their sources in court. Some Republicans also complained that the media “shield” bill did not properly define who qualifies as a journalist and thus would enjoy its protections. Republicans filibustered, saying the Senate should instead consider legislation to increase domestic oil and gas production. The motion to invoke cloture failed 51-43. [CQ Today, 7/30/08; Vote 191, 7/30/08] XXXX Voted Against Rolling Back Media Ownership Rules That Critics Said Could Stifle Diversity and Local Viewpoints. In 2003, XXXX voted against a resolution to repeal media ownership rules that critics charged could lead to a wave of mergers and ultimately stifle diversity and local viewpoints in news and entertainment. Defying a White House veto threat, the Senate voted 55-40 to undo changes to Federal Communications Commission regulations governing ownership of newspapers and television and radio stations. “We have to ensure that the marketplace of ideas is not dominated by a few conglomerates at the expense of our citizens and our democracy,” Sen. Murray said before the vote. On the other side, FCC Chairman Michael Powell said the 284

resolution “would bring no clarity to media regulation, only chaos.” [S J Res 17, 9/16/03, Vote 348; Associated Press, 9/16/03]  The FCC, early, in June of 2003, passed a rule that “would allow one company to own television stations reaching up to 45 percent of the national audience, up from the limit of 35 percent enacted seven years ago.” [CQ Weekly, 09/20/03]  More specifically, “the Republican-dominated FCC voted 3-2 along party lines to ease decades-old ownership restrictions. The changes included allowing a single company to own TV stations reaching nearly half the nation’s viewers and broadcast stations and a newspaper in the same area. Major media companies said the changes were needed because the old regulations hindered their ability to grow and compete in a market altered by cable television, satellite broadcasting and the Internet. But lawmakers from both parties and a broad range of groups criticized the changes, saying the FCC regulations gave large media companies too much control over what people see, hear and read.” Opponents of the new media ownership rules said that the new rules “could lead to a wave of mergers and ultimately stifle diversity and local viewpoints in news and entertainment.” “‘We have to ensure that the marketplace of ideas is not dominated by a few conglomerates at the expense of our citizens and our democracy,’” said Senator Patty Murray, an opponent of the new rules. [The Associated Press, 09/16/03] RURAL BROADBAND XXXX Voted To Cut Federal Assistance To Expand Rural Broadband. In June 2012, XXXX voted in favor of DeMint, R-S.C., amendment no. 2273 that would eliminate the authority of the Agriculture Department to increase the federal share of certain new grants for rural broadband development beyond 50 percent. The amendment was rejected by a vote of 44-55. [Vote 141, 6/20/12] XXXX Voted Against Increased Funding To Provide Rural Access To Broadband. In June 2012, XXXX voted in favor of DeMint, R-S.C., amendment no. 2263 that would maintain funding at current levels for programs that provide access to broadband telecommunications services in rural areas. The amendment was rejected by a vote of 45-54. [Vote 136, 6/19/12] XXXX Voted Against Expanding Rural Broadband. In June 2013, XXXX voted against Leahy, D-Vt., amendment no. 998 that would set up a pilot grant program to expand high speed broadband service that transmits at one gigabit per second to rural areas. The amendment was adopted by a vote of 48-38 (D 45-1; R 2-37; I 1-0). [Vote 144, 6/10/13] 285

TRADE HIGHLIGHTS  THE XXXX RECORD TRADE AGREEMENTS XXXX Twice Voted for CAFTA. In June 2005, XXXX voted twice in favor of the Central American Free Trade Agreement between the U.S. and Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republic. [Vote 169, 6/29/05; Vote 170, 6/30/05] XXXX Voted to Reduce Trade Barriers Between Morocco and The United States. In 2004, XXXX voted for a bill that implemented a trade agreement that reduced tariffs and trade barriers between the United States and Morocco. It made more than 95 percent of bilateral trade in consumer and industrial products duty free, with all remaining tariffs eliminated within nine years from enactment. It also provided for new tariff-rate quotas for U.S. farmers and ranchers of poultry and beef and reduced tariffs on agricultural products such as sorghum, soybeans, corn, and soybean products. [Vote 159; 7/21/04] XXXX Voted For A Trade Pact With Singapore. In 2003, Robrets voted for the passage of a bill that implemented a trade agreement that reduced tariffs and trade barriers between the United States and Singapore. The agreement eliminated tariffs on goods and duties on textiles, opened markets for services, and established intellectual property, environmental and labor standards. [Vote 318, 7/31/03]  Singapore Deal Allowed More Foreign Labor Into the United States. “In addition to knocking down barriers on goods and services, and strengthening intellectual property protections, the pacts would allow 5,400 workers from Singapore and 1,400 from Chile to enter the United States each year under a new visa program. The visas could be renewed indefinitely. The provisions were included at the urging of Chile and Singapore. Several senators complained the provisions amounted to an unconstitutional power grab by the administration since fast-track authority, which gives Congress only an up-or-down vote on trade agreements, was not intended to be a venue for changing immigration policy. They also said letting additional workers into the United States is hard to justify with unemployment remaining stubbornly high.” [CQ Weekly, 08/02/03] XXXX Voted For A Trade Pact With Chile. In 2003, XXXX voted for the passage of a bill that implemented a trade agreement that reduced tariffs and trade barriers between the United States and Chile. The trade pact reduced duties and tariffs on agricultural and textile products and opened markets for services. It also established intellectual property safeguards and require enforcement of environmental and labor standards. [Vote 319, 7/31/03] XXXX Voted Against Limiting Privatization Of Public Services in TPA. In 2002, XXXX voted against an amendment that would add to the principal negotiating objective on trade in services that trade agreements should not include commitments to privatize significant public services including services related to national security, social security, public health and safety, and education. [HR 3009, Vote 127, 5/23/02] XXXX Voted Against Enabling Lawmakers To Weigh In More Forcefully In Trade Negotiations By Participating In A Congressional Oversight Group. In 2002, XXXX voted against enabling lawmakers to weigh in more forcefully in trade negotiations by participating in the Congressional Oversight Group that would monitor U.S. trade negotiations. The amendment XXXX opposed would allow senators not on the Finance Committee, 286

which has jurisdiction on trade matters, to participate in the Congressional Oversight Group and would enlarge the group to 22 members. [HR 3009, Vote 125, 5/23/02] XXXX Voted to Require Anti-Terrorism Support From Trade Partners. In 2002, XXXX voted for an amendment that would add a provision to the list of requirements countries need to meet to be eligible for U.S. trade preferences that requires a country to take steps to support U.S. efforts to combat terrorism. The substitute amendment would extend duty-free status to certain products from Bolivia, Colombia, Ecuador and Peru, renew the president's fast-track authority and reauthorize and expand a program to provide retraining and relocation assistance to U.S. workers hurt by trade agreements. It also would create a refundable 70 percent tax credit for health insurance costs for displaced workers. [HR 3009, Vote 120, 5/21/02] XXXX Voted Against Allowing Retaliation on Trading Partners Based On Labor And Environmental Standards. In 2002, XXXX voted against allowing retaliation against trading partners based on labor and environmental standards. The amendment XXXX voted to table would allow retaliation against a trading partner for exercising their right to set domestic standards for labor and the environment. [HR 3009, Vote 112, 5/15/02] XXXX Voted Against Giving Congress Powers To Delete Language From Trade Pacts Dealing With American Trade Laws. In 2002, XXXX voted for to table an amendment that would give Congress powers to delete language from trade pacts dealing with American trade laws. The White House said the amendment would cripple its ability to negotiate new international agreements. [HR 3009, Vote 110, 5/14/02] XXXX Supported Requiring Greater Transparency in NAFTA Dispute Settlement. In 2002, XXXX voted for an amendment to “require the Office of the U.S. Trade Representative to renegotiate with Canada and Mexico that provision of Chapter 11 within 12 months of enactment of the trade bill” to make this part of NAFTA more transparent and open to public scrutiny. [HR 3009, Vote 101, 5/2/02; State Department, 05/02/02] XXXX Voted in Favor of Protecting North American Catfish From Vietnamese Imports. In 2001, XXXX voted to ensure that only North American catfish were allowed to be labeled as “catfish.” The amendment would have blocked an attempt to protect the domestic catfish industry from fish imported from Vietnam that are being sold as catfish. [S 1731, Vote 373, 12/18/01; Congressional Quarterly Daily Monitor, 12/18/01] XXXX Voted To Extend Normal Trade Relations To Vietnam. In 2001, XXXX voted to for the Vietnam Trade Bill. As reported and passed, the Vietnam Trade Bill approved the extension of normal trade relations (NTR; formerly called "most- favored-nation" or "MFN") status to the products of the Socialist Republic of Vietnam. [H J Res 51, Vote 291, 10/3/01] XXXX Voted For An Amendment To Require The Same Trucking Rules For Canadian And Mexican Drivers. In 2001, XXXX voted for an amendment that would add that notwithstanding any other provision of the Act, no provision of the Act could be implemented in a manner that treated Mexican nationals differently from Canadian nationals. [HR 2299, Vote 254, 7/27/01] XXXX Voted To Kill An Amendment To Ensure NAFTA Compliance On Mexican Truck Requirements. In 2001, XXXX voted against an amendment that would add that notwithstanding any other provision of the Act, nothing in the Act would be applied in a manner that the President found to be in violation of the North American Free Trade Agreement (NAFTA). [HR 2299, Vote 253, 7/27/01] XXXX Voted Against Textile Industry; to Expand Trade With Africa And The Caribbean. In 2000, XXXX voted for enacting the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Enhancement Act. The vote was on the conference report to accompany the Trade and Development Act of 1999. [Vote 98, 5/11/00] XXXX Voted to Expand Trade With Africa And The Caribbean. In 2000, XXXX voted to enact the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Enhancement Act. This was a cloture 287

vote on the conference report to accompany the Trade and Development Act of 1999. [Vote 97, 5/11/00; Congressional Quarterly Weekly, 5/12/00] XXXX Voted To Proceed To The Conference Report On The Trade And Development Act Of 1999. In 2000, XXXX voted to proceed to the conference report to accompany the Trade and Development Act of 1999 (H.R. 434). The conference report would enact the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Enhancement Act. (The Senate-passed version of the bill contained provisions reauthorizing the Trade Adjustment Assistance programs and the Generalized System of Preferences; those provisions were dropped from the conference report because they were enacted the year before as part of the tax extenders package). The motion was agreed to, 90-6. [Vote 96, 5/9/00] CHINA XXXX Voted To Allow The President To Grant Permanent Normal Trade Relations (PNTR) To China. In 2000, XXXX voted to allow the President to grant China permanent normal trade relations status with the United States. [Vote 251, 9/19/00] XXXX Voted Against Repealing Free Trade With China If An Agricultural Deficit Occurred. In 2000, XXXX voted against requiring the President to renegotiate trade terms with China if a trade imbalance developed in cereals (wheat, corn, and rice) and soybeans, and take steps to reduce the imbalance. [Vote 250, 9/14/00] XXXX Voted to Require Companies To Disclose Specific Information About Overseas Operations. In 2000, XXXX voted against amending Securities Exchange Commission regulations to require corporations to disclose foreign investment information in 10-K reports. The amendment would have required corporations to disclose the number of people they employ overseas, listed by country; the annual dollar volume of exports to each country; and the annual dollar volume of goods they produce in other countries and then import. [Vote 247, 9/14/00] XXXX Opposed Requiring China To Release Imprisoned Union Organizers Before Being Granted PNTR. In 2000, XXXX voted against requiring the President, prior to granting Permanent Normal Trade Relations status to China, to certify that China had released people whom it had detained, imprisoned, or placed under house arrest for union organizing. [Vote 246, 9/13/00] XXXX Voted Against Voluntary Codes of Conduct For US Businesses Working In China. In 2000, XXXX voted against requiring the Secretary of Commerce Secretary to establish a voluntary code of conduct that follows internationally recognized human rights principles for U.S. businesses operating in China. The amendment also expressed the sense of the Senate that in order for the presence of U.S. businesses to truly foster political liberalization in China, those businesses must conduct themselves in a manner that reflects basic American values of democracy, individual liberty and justice. [Vote 244, 9/13/00; Congressional Quarterly Weekly, 9/15/00] XXXX Voted Against Urging China To End Forced Abortion And Sterilization. In 2000, XXXX voted against a sense of Congress resolution that the President should urge the China to end forced abortion and sterilization policies and practices. [Vote 243, 9/13/00] XXXX Supported Sanctions Against China and other Nations For Selling Weapons of Mass Destruction. In September 2000, XXXX voted for an amendment that would provide for sanctions against China and other countries for selling illicit weapons of mass destruction. The proposal would establish an annual review process to assess the behavior of each key supplier country as identified by the Director of Central Intelligence, and require the president to impose non-trade related sanctions on individuals, companies and groups if they are found to be spreading weapons of mass destruction. The president also would be authorized to impose additional sanctions on key supplier countries. [Vote 242, 9/13/00] XXXX Voted Against Monitoring China’s Selling Of Body Parts From Executed Prisoners. In 2000, XXXX voted against requiring the Congressional Executive Commission on the People’s Republic of China to monitor the 288

actions of China’s practice of harvesting and transplanting organs from prisoners that it executes for profit. [Vote 241, 9/13/00] XXXX Voted Against Increasing Protections and Relief Against Surges In Imports of Chinese Goods. In 2000, XXXX voted against strengthening the protections given to United States businesses from market-disrupting surges of Chinese imports. The measure would establish a 15-day timetable after a recommendation by the U.S. Trade Representative for the president to provide import relief for in the event of a market disruption, unless the president certifies to Congress that such relief is not in the U.S. national economic interest or that such action would cause serious harm to U.S. national security. [Vote 240, 9/13/00] XXXX Voted Against Replacing PNTR For China With Continued Annual Certification of Trade Status. In 2000, XXXX voted against an amendment which would have stripped language requiring permanent certification of normal trade relations with China, and instead reinstate annual presidential certification and annual congressional approval of normal trade relations for China. The amendment also provided for the accession of China to the World Trade Organization. [Vote 236, 9/7/00; New York Times, 9/8/00] XXXX Voted For Requiring “Substantial Improvements” In Chinese Religious Freedom Before Granting PNTR. In 2000, XXXX voted for requiring the President to certify to Congress that China had made substantial improvements in respecting religious freedom prior to granting Permanent Normal Trade Relations to China. China had to: agree to establish ongoing and high-level dialogue with the U.S. government on religious freedom; ratify the International Convention on Civil and Political Rights; agreed to permit the U.S. and international human rights organizations unhindered access to religious leaders; responded to inquiries regarding people imprisoned, detained or under house arrest for religious reasons; and released prisoners incarcerated because of religious reasons. [Vote 234, 9/7/00] XXXX Voted To Proceed To The Bill Granting China Permanent Normal Trade Relations. In 2000, XXXX voted to proceed to the bill that would allow the President to grant China permanent normal trade relations (PNTR) status with the United States. The vote was on whether to proceed to the United States-China Relations Act of 2000 (H.R. 4444). [Vote 233, 9/7/00] XXXX Voted To Close Debate On The Motion To Proceed To The China PNTR Bill. In 2000, XXXX voted for a motion to close debate on the motion to proceed to the United States-China Relations Act of 2000 (H.R. 4444). The bill would grant the People's Republic of China permanent normal trade relations (PNTR) status with the United States. The cloture motion was agreed to, 86-12. [Vote 231, 7/27/00] XXXX Voted Against Mandatory Congressional Approval of China in WTO. In 1999, XXXX voted against mandatory Congressional approval before China's entry into the WTO. [Vote 54, 3/18/99] FAST TRACK XXXX Voted for Fast-Track Trade Promotion Authority. In 2002, XXXX voted for fast-track trade promotion authority. Under fast track authority, the president can negotiate international trade agreements that Congress must approve or reject but cannot change. Beginning in 1974 every president has had that authority. Congress refused President Clinton's requests to restore the power after it expired in 1994. It also would reauthorize and expand a program to provide retraining assistance to U.S. workers hurt by trade agreements, create a 65 percent tax credit for health insurance costs for displaced workers, and authorize a five-year extension of the Generalized System of Preferences. [HR 3009, Vote 207, 8/1/02; Associated Press, 8/1/02] XXXX Voted for Fast-Track Trade Promotion Authority. In 2002, XXXX voted for fast-track trade promotion authority. Under fast track authority, the president can negotiate international trade agreements that Congress must approve or reject but cannot change. Beginning in 1974 every president has had that authority. Congress refused President Clinton's requests to restore the power after it expired in 1994. It also would reauthorize and expand a program to provide retraining assistance to U.S. workers hurt by trade agreements, create a 65 percent tax credit for 289

health insurance costs for displaced workers, and authorize a five-year extension of the Generalized System of Preferences. [HR 3009, Vote 206, 8/1/02; Associated Press, 8/1/02] XXXX Voted to End Debate On Fast-Track Trade Promotion Authority. In 2002, XXXX voted for fast-track trade promotion authority. Under fast track authority, the president can negotiate international trade agreements that Congress must approve or reject but cannot change. Beginning in 1974 every president has had that authority. Congress refused President Clinton's requests to restore the power after it expired in 1994. It also would reauthorize and expand a program to provide retraining assistance to U.S. workers hurt by trade agreements, create a 65 percent tax credit for health insurance costs for displaced workers, and authorize a five-year extension of the Generalized System of Preferences. [HR 3009, Vote 203, 8/1/02; Associated Press, 8/1/02] XXXX Voted to Proceed to the Trade Promotion Bill. In 2002, XXXX voted for a motion to proceed to the conference report on the bill that would renew the president's fast-track authority and extend duty-free status to certain products from Bolivia, Colombia, Ecuador and Peru. [HR 3009, Vote 198, 7/30/02] XXXX Supported Extending Duty-Free Status for Products From Bolivia, Columbia, Ecuador and Peru and Revive Fast-Track Authority. In 2002, XXXX voted for legislation to extend duty-free status for products from Bolivia, Colombia, Ecuador, and Peru, renew fast-track trade negotiating authority, reauthorize and expand a program to provide retraining and relocation assistance to U.S. workers hurt by trade agreements, and create a refundable 70 percent tax credit for health insurance costs for displaced workers, among other minor provisions. [HR 3009, Vote 130, 5/23/02] XXXX Voted Against Prohibiting Trade Agreements On Products Facing Trade Remedy Orders. In 2002, XXXX voted for an amendment that would amend the section of the Baucus/Grassley amendment giving the President authority to enter into agreements to reduce or eliminate duties, restrictions, or other barriers to trade by adding that this authority would not apply to any product that was the subject of an anti-dumping order or of a countervailing duty order. [HR 3009, Vote 123, 5/22/02] XXXX Voted For Cloture On A Measure To Grant The President Trade Promotion Authority. In 2002 XXXX voted to close debate on an amendment that would extend and expand the Andean Trade Preference Act, would provide the President Trade Promotion Authority (TPA; TPA was formerly referred to as Fast Track Authority), and would reauthorize and expand Trade Adjustment Assistance Programs, including by creating a new taxpayer-funded entitlement to pay 70 percent of the health insurance costs of workers adversely affected by trade and by creating a new taxpayer-funded entitlement to subsidize the wages of certain workers adversely affected by trade. [HR 3009, Vote 122, 5/22/02] XXXX Voted For Requiring Trade Agreements with Jordan be Negotiated Under Fast Track. In 2002, XXXX voted for an amendment “that would have required trade agreements negotiated under fast track to include a central provision in the U.S.- Jordan free trade agreement Congress endorsed last year [PL 107-43], which prohibits the countries from weakening their labor or environmental laws in order to facilitate trade.” [Senate HR 3009, Vote 115, 5/16/02; CQ Weekly, 05/18/02] XXXX Voted Against Requiring Parties to Fast-Track Trade Agreements to Uphold Basic Labor and Environmental Standards. In 2002, XXXX voted against requiring parties to trade pact agreements considered under fast-track procedures to uphold their domestic labor and environmental standards, under penalty of trade remedy laws. The amendment that XXXX opposed also said that countries enforcing international environmental agreements should be protected from trade-related penalties. [HR 3009, Vote 113, 5/15/02; Congressional Quarterly Daily Monitor, 5/15/02] TARIFFS XXXX Voted Against Raising Tariffs on Chinese Imports. In 2005, XXXX voted against an amendment that imposed a 27.5 percent tariff on Chinese imports 180 days after enactment. The amendment allowed the President to delay implementation of the tariff if he determined that China was making significant progress in revaluing its 290

currency; and permitted removal of the tariff if the President certified that China had agreed to substantially revalue its currency to at, or near, fair market value. [Vote 86, 4/6/05] XXXX Voted to Suspend Hundreds of Tariffs. In 2004, XXXX voted to invoke cloture on the conference report on the bill that suspended duties on hundreds of specific imported goods, authorized reimbursement for duties on certain previously imported goods and made several technical corrections to trade laws. [Vote 214, 11/19/04] SANCTIONS AND HUMAN RIGHTS XXXX Did Not Vote to Extend Sanctions On Myanmar. In June 2004, XXXX did not vote on a joint resolution that extended import restrictions on products from Myanmar for one year or until the president certified that the Myanmar government had made significant progress toward practicing democracy and ending human rights violations. [Vote 150, 6/24/04] XXXX Voted To Impose Trade Sanctions on Myanmar for Human Rights Violations. In 2003, XXXX voted for passage of a bill that would impose trade sanctions on exports from Myanmar, the country formerly known as Burma. Products would be prohibited from being imported into the United States and the regime’s assets in U.S. financial institutions would be frozen. The bill also would extend a current U.S. visa ban against members of the ruling military junta and would authorize President Bush to assist pro-democracy activities in that country. The president could lift sanctions by certifying that human rights and pro-democracy standards have been met. [HR 2330, Vote 280, 7/16/03] XXXX Voted to Place Trade Sanctions on Myanmar. In June 2003, XXXX voted for a bill that imposed trade sanctions on exports from Myanmar until the president certified the nation had made significant progress toward practicing democracy and ending human rights violations. [Vote 220, 6/11/03] XXXX Voted to Place Sanctions on Syria. In 2003, XXXX voted for a bill that would require the President to impose at least two sanctions on Syria. Sanctions could include barring U.S. exports and investment in Syria with the exception of food and medicine, freezing Syrian government assets in the United States, banning Syrian aircraft from U.S. airspace, reducing diplomatic contacts, and restricting the travel of Syrian diplomats. Any of the sanctions could be waived for national security reasons. The bill also would condemn Syrian involvement with terrorism and demand a withdrawal of Syrian forces from Lebanon. [Hr 1828, Vote 445, 11/11/03] XXXX Voted Against Requiring Presidential Certification That Cuba Was Not A Sponsor of Terrorism, Before Restrictions On Private Financing Trade Could Go Into Effect. In 2001, XXXX voted against an effort to restrict private financing of U.S. agricultural trade with Cuba. The amendment would require presidential certification that the government of Cuba was not a state sponsor of international terrorism before the restriction against the private financing of food and medicine sales to the government of Cuba would be permitted to go into effect. [S 1731, Vote 375, 12/18/01; National Journal’s Congress Daily, 12/19/01] XXXX Voted Against Promoting Human Rights And Democracy Provisions In Trade Negotiations. In 2002, XXXX voted against instructing U.S. trade officials to include the protection of human rights and democracy among their main negotiating goals. The amendment XXXX opposed would instruct United States negotiators when negotiating agreements covered by TPA to include provisions that would require parties to those agreements “to strive to protect internationally recognized civil, political, and human rights.” [HR 3009, 5/23/02, Vote 129; Congressional Quarterly Daily Monitor, 5/23/02] XXXX Voted To Extend Sanctions Against Iran And Libya. In 2001, XXXX voted for a bill that would modify and extend the Iran and Libya Sanctions Act of 1996 for 5 years, until 2006. Under the Act, sanctions were placed on foreign companies that invest in Iran's or Libya's petroleum industries. [S 1218, 7/25/01, Vote 251] XXXX Supported Sanctions Against China and other Nations For Selling Weapons of Mass Destruction. In September 2000, XXXX voted for an amendment that would provide for sanctions against China and other countries for selling illicit weapons of mass destruction. The proposal would establish an annual review process to 291

assess the behavior of each key supplier country as identified by the Director of Central Intelligence, and require the president to impose non-trade related sanctions on individuals, companies and groups if they are found to be spreading weapons of mass destruction. The president also would be authorized to impose additional sanctions on key supplier countries. [Vote 242, 9/13/00] XXXX Supported Bill to Combat Human Trafficking and Violence Against Women. In October 2000, XXXX voted for a bill that would that would combat human trafficking, including those forced into sexual slavery, and establish a new visa for aliens who are victims of human trafficking. It also would authorize approximately $3 billion in fiscal years 2001-2005 for programs to combat violence against women. State attorneys would be granted general authority to bring civil action in federal courts to enforce state laws that outlaw the direct sale of alcohol over the Internet. It would require states releasing violent sexual offenders who commit similar crimes in another state to reimburse the second state for costs related to the incarceration, prosecution and apprehension of the criminal. Terrorism victims would be allowed to recover judgments against countries listed by the State Department as terrorism sponsors. [Vote 269, 10/11/00] XXXX Voted For President Imposing Unilateral Agriculture Sanctions. In 1999, XXXX voted against prohibiting the President from imposing unilateral agricultural sanction or medical sanction against foreign country or entity unless President submits report to Congress that describes activity proposed to be prohibited, restricted, or conditioned, and describes actions by foreign country or entity that justify sanction, and Congress enacts joint resolution of approval; requires President to cease to implement any unilateral agricultural or medical sanctions in effect as of date of enactment; continues to prohibit U.S. government credits for sales to terrorist governments; and allows President to impose or continue to impose sanctions on foreign country or entity against which Congress has enacted declaration of war, or to prohibit, restrict, or condition use of any agricultural commodity, medicine, or medical device that is controlled for national security reasons, or used to facilitate development or production of chemical or biological weapon. [Vote 251, 8/3/99] TRADE ADJUSTMENT ASSISTANCE XXXX Opposed Extending TAA Eligibility to Service Workers Who Have Lost Their Jobs Because of Foreign Trade. In 2004, XXXX voted against extending Trade Adjustment Assistance eligibility to service workers, including government workers, who lost their jobs because of foreign trade since November 4, 2002. The amendment also lowered the age of eligibility for the wage insurance program by ten years to 40 years old, expanded TAA benefits to cover home mortgage loans and increased the health care tax credit from 65 percent to 75 percent. [Vote 80, 5/4/04] XXXX Voted Against Adding Assistance For Workers Affected By Trade. In 2002, XXXX voted against an amendment that would authorize the Labor Department to award grants to community colleges to establish job- training programs for workers who were adversely affected by trade, and would add negotiating objectives for textiles and apparel. Those objectives would include that negotiators would seek to reduce or eliminate barriers to exports of United States textiles and apparel, would seek to eliminate non-tariff barriers to such exports, and would seek to reduce or eliminate foreign subsidies for textiles and apparel producers. Finally, the amendment would authorize cash payments for an additional 26 weeks (6 months) for workers who lost their jobs due to trade and who enrolled in remedial education programs (for high school equivalency diplomas or to learn to speak English. [HR 3009, Vote 111, 5/15/02] MISCELLANEOUS XXXX Voted For Vigorous Safety Tests for Mexican Trucks. In 2001, XXXX voted for an amendment to prohibit the U.S. from imposing requirements on Mexican trucks traveling in the U.S. that are not imposed on U.S. and Canadian motor carriers. Advocates of tough standards on Mexican trucks argue that the U.S. has standards, weigh stations, inspection stations and driver training to keep our trucks safe. Mexico does not have similar standards, and this measure would make sure these trucks adhere to tough safety standards before entering the U.S. [HR 2299, Vote 250, 7/25/01] 292

 The Murray language, “which was negotiated to satisfy the Teamsters union and other groups, would require Mexican trucks to pass an array of safety checks before being allowed beyond a 20- mile border zone, to which they are now restricted.” [The Washington Post, 07/26/01]  “Gramm and his supporters said it would violate the North American Free Trade Agreement, an 8- year-old treaty, to clamp stricter standards on Mexican trucks.” “Murray and her allies argue that the tougher requirements for Mexican trucks are justified because more of them fail safety inspections. They also say their proposal would not violate NAFTA because the treaty gives the United States the right to impose the standards it chooses. Murray’s requirements include American audits of Mexican trucking companies, more scales and U.S. inspectors at the 27 border crossings, and greater U.S. access to the records of Mexican freight firms and drivers.” [Associated Press, 07/25/01] XXXX Voted For Amendment To Ensure NAFTA Compliance On Mexican Truck Requirements. In 2001, XXXX voted for an amendment that would add that notwithstanding any other provision of the Act, nothing in the Act would be applied in a manner that the President found to be in violation of the North American Free Trade Agreement (NAFTA). [HR 2299, Vote 253, 7/27/01] XXXX Voted For An Amendment To Require The Same Trucking Rules For Canadian And Mexican Drivers. In 2001, XXXX voted for an amendment that would add that notwithstanding any other provision of the Act, no provision of the Act could be implemented in a manner that treated Mexican nationals differently from Canadian nationals. [HR 2299, Vote 254, 7/27/01] 293

TRANSPORTATION AND INFRASTRUCTURE HIGHLIGHTS  THE XXXX RECORD GENERAL TRANSPORTATION FUNDING XXXX Voted For Transportation Funding. In June 2012, XXXX voted for adoption of the conference report on the bill that would authorize federal highway, mass transit and safety programs through fiscal 2014 at current levels with inflationary increases for certain programs. It would provide $21.2 billion for the Highway Trust Fund, $80 billion in contract authority for programs administered by the Federal Highway Administration in fiscal 2013 and 2014, and $21.3 billion for programs administered by the Federal Transit Administration. It also would extend the 3.4 percent interest rate on subsidized federal student loans through July 1, 2013, reauthorize the National Flood Insurance Program through Sept. 30, 2017 and provide for the distribution of penalties paid by those responsible for the 2010 Gulf of Mexico oil spill to Gulf Coast states for environmental restoration activities. The bill was passed by a vote of 74-19. [Vote 172, 6/29/12] XXXX Opposed Reducing Transportation Funding By $10.7 Billion. In 2005, XXXX opposed an amendment that reduced funding for certain programs by $10.7 billion, including a $5 billion cut for mass transit, a $4 billion cut for the congestion mitigation and air quality improvement program and a $1.1 billion cut for surface transportation beautification projects. The substitute authorized $295 billion for federal aid highway, mass transit, safety and research programs from fiscal 2004 through 2009. The funding total includes $234 billion for highway programs and $54 billion for public transportation programs. [Vote 124, 5/17/05] XXXX Opposed Promoting Increased Use of Pedestrian and Bicycle Trips. In 2005, XXXX voted against an amendment that directed the Transportation secretary to promote a goal of increasing the percentage of pedestrian and bicycle trips relative to motorized trips, while reducing accidents involving bicyclists and pedestrians by 10 percent. It would encourage local action on bicycle and pedestrian safety. [Vote 121, 5/11/05] XXXX Voted For Expanding Transportation Funding Options. In 2005, XXXX voted for an amendment that altered language on adjustment for surface transportation to make it possible to consider all available transportation funding options. Critics of the amendment charged that the amendment would have allowed the Senate to get around the requirement that all transportation funding be paid-for. [Vote 72, 3/17/05] XXXX Voted Against $13.8 Billion Hike For Transportation. In 2005, XXXX voted against an amendment that increased revenue by $13.8 billion and used it to increase spending for surface transportation projects. It also added a section designating $34.7 billion for highways in fiscal 2006 and $7.1 billion for public transit. [Vote 71, 3/17/05] XXXX Voted For $318 Billion in Transportation Funding. In 2004, XXXX, voted for a bill that authorized $318 billion in federal aid for highways, highway safety programs, and transit programs over six years, including $255 billion for highways, $57 billion for transit, and $6 billion for safety programs. This bill ensured that states received a 95 percent return on their Highway Trust Fund contributions by 2009. [Vote 14, 2/12/04] *voted differently form McConnell XXXX Opposed $9.25 Billion for Infrastructure Maintenance. In 2004, XXXX opposed an amendment that allocated $9.25 billion for the Infrastructure Performance and Maintenance Program to increase formula highway funding for all states that had a funding floor of a 90.5 percent rate-of-return in fiscal 2004. The amendment 294

provided that the rate-of-return would have increased incrementally until it reached 95 percent in fiscal 2009. [Vote 11, 2/12/04] XXXX Opposed Reducing Transportation Funding by $62 Billion. In 2004, XXXX opposed an amendment that reduced transportation funding from $318 billion to $256 billion. [Vote 13, 2/12/04] XXXX Voted Against Increasing Spending on R&D on Transportation Security to $200 Million. In 2003, XXXX voted against an amendment that increased spending on research and development on transportation security to $200 million. Of that amount, $45 million was earmarked for development of explosive detection devices and $70 for grants awarded by the secretary of Homeland Security to private and public entities for the development of port security technologies. [Vote 295, 7/23/03] XXXX Voted For $20 Billion In Aid to States. In 2003, XXXX voted for an amendment that would authorize $10 billion a year for two years for states and localities, including $5 billion a year for grants for education or job training, health care or other social services, transportation or infrastructure, and law enforcement or public safety. The remaining $5 billion per year would be for a temporary increase in federal Medicaid assistance to states. [S 1054, Vote 157, 5/15/03; Congressional Record, 5/15/03]  National Education Association: XXXX Voted for Needed Funding to Help States Facing Budget Crises. NEA supported an amendment offered by Senator Collins (R-ME) to tax cut legislation (S. 1054). The amendment provided $20 billion in fiscal relief for states facing severe budget crises. The amendment passed 95-3 on May 15, 2003. A “yes” vote supported the NEA position. [S 1054, 5/15/03, Vote 157; www.NEA.org] XXXX Opposed Increasing Spending on Transportation by $71 Billion. In 2003, XXXX voted against an amendment that reduced size of the tax cut in the resolution by $1.24 trillion, and increased domestic spending in many areas, including a $71 billion increase in spending on transportation and infrastructure. [Vote 83, 3/25/03] XXXX Supported Substitute Amendment To The FY 2002 Transportation Appropriations Bill. In 2001, XXXX voted for an amendment that would provide $60 billion for the Transportation department and various agencies. It would also restrict Mexican truck access to the United States. [HR 2299, Vote 252, 7/26/01] XXXX Voted For Final Passage Of The FY 2001 Transportation Appropriations Bill. In 2000, XXXX voted for final passage of the Department of Transportation and Related Agencies Appropriations Bill for fiscal year 2001 (H.R. 4475). The bill would provide $54.767 billion in net new budget resources, which was $4.7 billion more than provided the previous year, and $600 million less than requested. Key provisions included rejection of the President's proposed $1.3 billion in new user fees, a requirement that states adopt a .08-blood- alcohol-content law for drunk drivers or lose part of their highway funds, and a ban on funds to finalize the proposed "Hours of Service" rulemaking for commercial drivers. The bill passed, 99-0. [Vote 132, 6/15/00] HIGHWAY FUNDING XXXX Voted Against Critical Funding For America’s Crumbing Roads And Bridges. In August 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the bill that would provide $54 billion in fiscal 2014 for the Transportation and Housing and Urban Development departments. It would provide $40.3 billion for highway programs, $12.6 billion for the Federal Aviation Administration and $1.8 billion for rail infrastructure. It would create an account that would provide $500 million to repair "structurally deficient" or "functionally obsolete" bridges and critical highway corridors. The bill would also provide $19.6 billion for the tenant-based Section 8 rental assistance program and $3.3 billion for Community Development Block grants to state and local communities. The cloture motion was rejected by a vote of 54-43 (D 51-0; R 1-43; I 2-0). [Vote 199, 8/1/13]  AP Headline: “Senate GOP Kills Transportation Funding Bill.” “Senate Republicans Thursday killed a $54 billion funding bill for transportation, housing and community development grants because it exceeded the 295

punishing spending limits required under automatic budget cuts that are the product of Washington's failure to deal with its fiscal problems. he measure fell six votes short of the 60 required to overcome a GOP filibuster and represents a setback for majority Democrats seeking to protect investments in programs like road and bridge repairs and housing vouchers for the poor.” [AP, 8/1/13]  TPM Headline: “Senate Republicans Block Key Funding Bill On Their Way Home For Summer Recess.” [TPM, 8/1/13]  There Are [NUMBER] Deficient Bridges In [STATE]. [Federal Highway Administration, 12/12]  XXXX Voted To Cut At Least $8.5 Billion From Transportation & Housing Funding. In July 2013, XXXX voted against a motion to table (kill) the Toomey, R-Pa., motion to recommit the FY 2014 Transportation and Housing appropriations bill to the Senate Appropriations Committee with instructions that it be reported back with an amendment that would reduce discretionary spending levels to no more than $45.5 billion for fiscal 2014. The bill, as written, had provided $54 billion for the departments in FY 2014. The motion was M agreed to 56-42 (D 51-0; R 3-42; I 2-0). [Vote 187, 7/25/13]  XXXX Voted Against Cloture On Transportation And Housing Funding Measure. In July 2013, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would provide $54 billion in fiscal 2014 for transportation, housing and community development programs. The motion was agreed to by a vote of 73-26 (D 52-0; R 19-26; I 2-0). [Vote 181, 7/23/13] Twice, XXXX Voted To Block Transportation And Highway Funding. In June 2012, XXXX voted against a Reid, D-Nev., motion to waive all applicable budget laws and budget resolutions with respect to the Corker, R- Tenn., point of order against the conference report on the bill that would authorize federal highway, mass transit and safety programs through fiscal 2014 at current levels with inflationary increases for certain programs. The motion was agreed to by a vote of 63-30 (D 48-0; R 24-19; I 2-0). XXX also voted against a Reid, D-Nev., motion to waive provisions of Rule 28 regarding the inclusion of material outside the scope of a conference committee with respect to the Coats, R-Ind., point of order against the bill that would authorize federal highway, mass transit and safety programs through fiscal 2014 at current levels with inflationary increases for certain programs. That motion was agreed to by a vote of 66-28. [Vote 171, 6/29/12; Vote 170, 6/29/12] XXXX Voted For Highway Bill That Funded Highways, Bridges, Railroads, and Public Transit Programs for Two Years. In 2012, XXXX voted for passage of the highway bill that would authorize federal highway, highway safety and public transit programs at $109 billion over two years. It would consolidate the functions of the Interstate Maintenance, National Highway System and Highway Bridge programs into a new National Highway Performance Program. The bill would authorize $1 billion annually for fiscal 2012 and 2013 for a transportation financing program. The cost of the measure would be offset through continued collection of vehicle fuel taxes and other revenue provisions. As amended, the bill also would direct 80 percent of Clean Water Act penalties stemming from the Deepwater Horizon oil spill to a trust fund for Gulf Coast restoration. It would authorize $1.4 billion for the Land and Water Conservation Fund over two years. The bill passed by a vote of 74-22. [S.1813, Vote #48, 3/14/12]  Senate Highway Bill Gave States Greater Spending Flexibility, Increased Highway Safety Funds, Cut Red Tape That Delays Projects. As reported by the Washington Post, “The Senate bill boils down the number of federal transportation programs from about 90 to fewer than 30, gives states money for projects that ease congestion and air pollution, increases highway safety funding, cuts red tape that delays projects, and expands a federal program that provides loans and loan guarantees to encourage private investment.” [Washington Post, 3/14/12] XXXX Missed A Vote On The Highway Bill. In 2012, XXXX missed a vote for a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would authorize $109 billion for surface transportation programs through fiscal 2013. The motion agreed to by a vote of 85-11. [S.1813, Vote #17, 2/9/12] 296

XXXX Missed A Vote to Block Highway Bill. In 2012, XXXX missed a vote on a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., amendment no. 1633 that would add safety, revenue and public transit titles to a bill that would authorize federal highway programs for two years. The motion was rejected by a vote of 54-42. [S.1813, Vote #20, 2/17/12] XXXX Voted to Block Highway Bill. In 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., substitute amendment no. 1761 that would authorize federal highway, highway safety and public transit programs for $109 billion over two years. The amendment would consolidate existing functions of the Interstate Maintenance, National Highway System and Highway Bridge programs into a new National Highway Performance Program. The motion was rejected by a vote of 52-44. [S. 1813, Vote #25, 3/6/12; The Hill, 3/5/12]  HEADLINE – Senate Republicans Block Advancement of Transportation Bill. [Los Angeles Times, 3/6/12]  HEADLINE – Senate Highway Bill Fails Test Vote: Deal Could Come Later Tuesday. [Washington Post, 3/6/12] XXXX Voted to Permit Emergency Exemptions From Compliance With Highway Construction Regulations. In 2012, XXXX voted for a motion to waive all applicable budget laws with respect to the Boxer, D-Calif., point of order against the Paul amendment no. 1556 that would exempt reconstruction of roads, highways or bridges for safety reasons from relevant environmental regulations. The motion was rejected by a vote of 42-54. [S.1813, Vote #47, 3/14/12; The Hill, 3/9/12]  Senate Highway Bill Mandated Safety Standards for Transit Systems, Including Subway Systems. As reported by the Washington Post, “It also mandates for the first time that federal safety standards be set for transit systems, regulation that has been pressed for by Sen. Barbara A. Mikulski (D-Md.) since the 2009 Metrorail crash in which nine people died.” [Washington Post, 3/14/12] XXXX Voted Against Allowing States to Permit Non-Highway Uses in Rest Areas Along Highways. In 2012, XXXX voted against an amendment that would eliminate restrictions in current law that generally prohibit states from building commercialized rest areas along federally-funded interstate highways. It would effectively let states open restaurants, gas stations or other commercial businesses at interstate rest areas, thus allowing states to get revenue from concessions. The amendment was rejected by a vote of 12-86. [S.1813, Vote #45, 3/13/12; The Hill, 3/9/12] XXXX Voted to Allow States to Spend Gas Taxes on Their Own Transportation Priorities. In 2012, XXXX voted for an amendment that would allow states to opt out of receiving apportioned or allocated funding and instead receive the amount they paid in taxes to the Highway Trust Fund, reduced by a pro-rated amount withheld by the Transportation secretary to fund certain programs. The amendment was rejected by a vote of 30-68. [S.1813, Vote #43, 3/13/12; The Hill, 3/9/12] XXXX Voted to Lower Discretionary Spending Cap by $20 Billion to Offset Highway Trust Fund General Transfers. In 2012, XXXX voted for motion to waive all applicable budget laws with respect to the Inouye, D- Hawaii, point of order against the Corker amendment no. 1785. The amendment would reduce the nondefense discretionary spending cap set in the 2011 budget law to offset the cost of mandatory spending in the surface transportation bill. The motion was rejected by a vote of 40-58. [S.1813, Vote #44, 3/13/12; The Hill, 3/9/12] XXXX Voted to Require That Amount of Highway Funds Received by State Based on Total Gas Taxes Paid by State. In 2012, XXXX voted for an amendment that would modify the apportionment formula so that states would receive funds based on the percentage of gas taxes paid. The amendment was rejected by a vote of 28-70. [S.1813, Vote #42, 3/13/12; The Hill, 3/9/12] 297

XXXX Voted Against Removing Privatized Highways From Consideration for Federal Highway Funding. In 2012, XXXX voted against an amendment that would require the amount of federal highway funds that states receive under prescribed formulas to be reduced based on the portion of the National Highway System in a state that has leased tolled highways to private operators. The amendment was adopted by a vote of 50-47. [S.1813, Vote #37, 3/13/12; The Hill, 3/9/12] XXXX Voted to Eliminate the Current Federal Transportation Funding Program, Give Discretion to States. In 2012, XXXX voted for an amendment that would provide additional flexibility for state surface transportation projects and reauthorize certain core highway programs through fiscal 2018. It would specify that only projects funded by the federal government would be considered federal-aid highways. It also would reduce the federal tax rates for gasoline and other fuels that fund the Highway Trust Fund. The amendment was rejected by a vote of 30- 67. As reported by Roll Call, “Sen. Jim DeMint has offered several amendments to the Senate transportation bill, including one that would have scrapped the federal transportation funding program. That amendment was defeated 30-67.” [S.1813, Vote #36, 3/13/12; Roll Call, 3/13/12] XXXX Voted In Proceed to Final Vote on Highway Bill. 2012, XXXX voted against a motion to waive all applicable budget laws with respect to the Corker, R-Tenn., point of order against the bill that would authorize federal highway, highway safety and public transit programs at $109 billion over two years. The motion was agreed to by a vote of 66-31. [S.1813, Vote #35, 3/8/12] XXXX Voted Against Expressing Support for Expedited Reviews and Approval of Transportation Construction Projects After Disasters. In 2012, XXXX voted against an amendment that would express the sense of the Senate in support of expedited environmental reviews, approvals and licensing for transportation construction projects after disasters. The amendment was adopted by a vote of 76-20. [S.1813, Vote #46, 3/14/12; The Hill, 3/9/12] XXXX Voted For $1 Billion For Bridge Repair. In September 2007, XXXX voted for providing an additional $1 billion for bridge repair on US highways. The vote took place six weeks after the tragic collapse of a bridge on Interstate 35 West in Minneapolis, MN. The amendment would have paid for the funding by tapping the Highway Trust Fund. [Vote 329, 9/10/07; AP, 9/10/07] XXXX Supported $295 Billion in Highway Funding. In 2005, XXXX voted for final passage of a bill that authorized $295 billion for federal aid highway, mass transit, safety and research programs from fiscal 2004 to 2009. The bill included $234 billion for highway programs and $54 billion for public transportation programs. It would increase the rate of return to states on their Highway Trust Fund contributions to 92 percent by 2009. It also directed the Transportation secretary to notify state and local governments that received federal funds of a new law related to minority-owned businesses that compete for federal contracts such as federal highway projects. [Vote 125, 5/17/05]  White House Threatened to Veto the Highway Bill. In a statement of Administrative policy, the Bush Administration threatened to veto the Highway Bill if it authorized spending in an amount greater than what President Bush had originally requested. White House Spokesman Scott McClellan reiterated that threat during a press briefing. McClellan said that “We need to have legislation that meets our transportation needs but that also keeps us on track to cut the deficit in half by 2009” and that if the bill carried too high a price tag, “senior advisers would recommend that [Bush] veto that legislation [National Journal, 4/27/2005; Connecticut Post, 5/18/2005] XXXX Voted For Cloture on $295 Billion Highway Bill. In 2005, XXXX voted for cloture on legislation that authorized $295 billion for federal-aid highway, mass transit, safety and research programs from fiscal 2004 through 2009. The funding total included $234 billion for highway programs and $54 billion for public transportation programs. “The seven senators who voted against cloture Thursday have been critics of highway funding that exceeds White House-backed levels.” [Vote 122, 5/12/05; CQ Today, 5/12/05] 298

XXXX Opposed Tying Grant Awards to Seat Belt Use Rates. In 2005, XXXX opposed an amendment that would revise the Occupant Protection Incentive Grant Program to base grant awards on an 85 percent safety belt use rate in the preceding calendar year. It would remove the requirement that to receive funds under the program, states must either have a primary safety belt law in effect, or have a safety belt use rate of 90 percent. [HR 3, Vote 123, 5/17/05] XXXX Supported $283.9 Billion in Highway Funding. In 2005, XXXX voted to invoke cloture on the motion to proceed to the bill that authorized $283.9 billion for federal-aid highway, mass transit, safety and research programs from fiscal 2004 through 2009. [Vote 110, 4/26/05] XXXX Voted For $318 Billion in Transportation Funding. In 2004, XXXX, voted for a bill to authorize $318 billion in federal aid for highways, highway safety programs, and transit programs over six years, including $255 billion for highways, $57 billion for transit, and $6 billion for safety programs. This bill would ensure that states receive a 95 percent return on their Highway Trust Fund contributions by 2009. [S 1072, Vote 14, 2/12/04] XXXX Voted For the Highway Aid Amendment. In 2004, XXXX voted for invoking cloture on an amendment that authorized $318 billion in federal aid for highways, highway safety programs and transit programs over six years. [Vote 10, 2/12/04] XXXX Voted For $318 Billion in Highway Program Funding. In 2004, XXXX voted for invoking cloture on the motion to proceed to consideration of the a bill that authorized $318 billion in federal aid for highways, highway safety programs and transit programs over six years. [Vote 7, 2/2/04] XXXX Voted To Increase Highway Spending By $10 Billion Over 6 Years. In 2003, XXXX voted against increasing highway spending by about $10 billion annually for six years. The amendment would also increase “red ink” by contributing to the deficit. [Vote 79, 3/21/03; AP, 3/21/03] XXXX Voted For An Amendment To Modify An Iowa Highway Project. In 2000, XXXX voted for an amendment would modify a highway project in Iowa. The amendment was agreed to, 97-0. [Vote 129, 6/14/00] SAFETY XXXX Voted Against Tougher Seatbelt Laws. In 2004, XXXX voted to kill an amendment that required states to prove a 90 percent seat belt use rate or enact primary seat belt laws by fiscal 2006. If a state did not meet either requirement, 5 percent of a state’s highway construction funds would be transferred to highway safety programs in fiscal 2006. If a state still had not met either requirement by fiscal 2008, 2 percent of the state’s highway construction funds would be withheld. In subsequent fiscal years, 4 percent would be withheld. [Vote 9, 2/11/04] XXXX Opposed Linking Grant Awards to Seat Belt Use Rates Instead of Having Seatbelt Law. In 2005, XXXX opposed an amendment that revised the Occupant Protection Incentive Grant Program to base grant awards on an 85 percent safety belt use rate in the preceding calendar year. It would remove the requirement that to receive funds under the program, states must either have a primary safety belt law in effect, or have a safety belt use rate of 90 percent. [Vote 123, 5/17/05] Robetrs Voted Against Linking Federal Funding for Motorcycle Safety Programs to State Helmet Laws. In 2005, XXXX voted against an amendment which stipulated that funding for motorcycle safety training programs in states without helmet laws come out of the state’s share of federal highway funds. [Vote 120, 5/11/05]  “Last month, the Department of Transportation (DOT) released preliminary findings that 3,927 people were killed in motorcycle crashes last year. This is almost double the number of motorcycle crash victims ten years ago, when the federal motorcycle helmet law was repealed. Lautenberg noted that the increase in deaths cannot be attributed to more riders on the road, because the rate of deaths per mile traveled has almost doubled over the same period.” [Lautenberg Press Release, 5/11/05] 299

AIR TRAFFIC CONTROL & FAA XXXX Voted for FAA Reauthorization Bill to Fund Federal Aviation Programs. In 2012, XXXX voted for adoption of the conference report on the bill that would authorize $15.9 billion annually for federal aviation programs through fiscal 2015. The measure would authorize a total of $461 million for the Essential Air Service program. It also would authorize $13.4 billion over four years for the Airport Improvement Program. It would authorize a total of $10.9 billion for Federal Aviation Administration facilities and equipment, $38.4 billion for FAA operations and $672 million for research, engineering and development. The measure would increase the proportion of eligible members of the National Mediation Board needed to petition for new union elections from 35 percent to 50 percent. It would increase by 16 the number of slots permitted for long-distance flights in and out of Ronald Reagan Washington National Airport. The conference report was adopted (thus cleared for the president) by a vote of 75-20. [HR 658, Vote #15, 2/6/12; CNN, 2/6/12] XXXX Voted to Reauthorize the FAA for FY 2004-07. In 2003, XXXX voted to reauthorize the Federal Aviation Administration for fiscal 2004-2007. The bill would authorize $62 billion over four years for aviation programs, and would extend for the same period the requirement that all revenue credited to the Aviation Trust Fund each year must be spent on aviation programs. The reauthorization was opposed by the AFL-CIO. [HR 2115, Vote 453, 11/17/03; www.afl-cio.org] XXXX Voted for the FAA Reauthorization Bill. In 2003, XXXX voted for a bill that would authorize $43.5 billion in funding for the Federal Aviation Administration from fiscal 2004 through fiscal 2006. The total includes $23.2 billion for FAA operations, $11 billion for the Airport Improvement Program and $8.9 billion for the Airway Facilities Improvement Program. The formula for determining the Airport and Airways Trust Fund share of the FAA budget would be extended through fiscal 2006. The Transportation Department would be required to identify airports with significant delay problems, and those airports would be required to study expansion projects or face a loss of federal funding. Certain designated airports would be allowed to use an expedited environmental review process for building projects. It also would establish an Aviation Security Capital Fund and increase by 12 the number of slots at Ronald Reagan Washington National Airport for round trips beyond a 1,250-mile perimeter. [HR 2115, Vote 225, 6/12/03] XXXX Voted Against Requiring Foreign Repair Stations to Meet Domestic Standards. In 2003, XXXX voted against an amendment that would have required the FAA administrator to ensure that foreign repair stations had the same safety standards as domestic stations. Instead XXXX voted in favor of a weaker substitute amendment offered by Trent Lott that only would have required the administrator of the Federal Aviation Administration to conduct a study of safety standards at foreign repair stations. [Vote 224, 6/12/03] XXXX Voted Against a Privatization Ban on Core Air Traffic Control Functions. In 2003, XXXX voted against an amendment that prohibited the Transportation secretary from privatizing core air traffic control functions, system specialists and maintenance of systems and flight service stations operated by the FAA, excluding the contract tower program. [Vote 222, 6/12/03] XXXX Voted for $40 Billion Aviation Bill, $4.50 Increase In Airline Passenger Fees. In 2000, XXXX voted for increased funding for the Federal Aviation Administration (FAA) by increasing passenger fees. The increase was viewed by some as a tax increase. The three-year, $40 billion aviation bill substantially increased grants to airports. The vote was on the conference report to accompany the Aviation Investment and Reform Act. The conference report was agreed to 82-17. [Vote 35, 3/8/00; Bond Buyer, 3/9/00] AMTRAK AND RAIL XXXX Voted to Deny Funding for Amtrak Unless Riders Are Allowed to Transport Firearms in Checked Baggage. In September 2009, XXXX voted to cut off Amtrak funding unless riders are allowed to transport firearms in checked baggage. The amendment to the FY 2010 Transportation-HUD Appropriations bill offered by Senator Wicker would deny Amtrak its $1.5 billion federal subsidy next year unless it allows passengers to pack 300

firearms in their checked luggage by March. The amendment was adopted 68-30. [CQ Today, 9/16/09; Vote 279, 9/16/09] XXXX Voted For Reauthorizing Amtrak, Funding for Rail Safety Needs. In October 2008, XXXX voted for the first Amtrak reauthorization bill since 1997. The bill would authorize new funding for Amtrak at $5.3 billion in capital grants, $2.9 billion in operating grants and $1.9 billion for intercity passenger rail over five years. The $13 billion Amtrak authorization was added to a rail safety measure. The final bill would reauthorize and toughen rail safety programs, including directing rail companies to equip cars with sensors to help avoid crashes. The bill would authorize $1.6 billion over five years for the Federal Railroad Administration and other rail safety needs and would direct the Transportation Department to issue rules requiring certain railroads to evaluate and manage safety risks. The Senate passed the bill by voice vote Aug. 1 and voted 69-17 on Sept. 29 to limit debate on the bill. The bill passed 74-24. [CQ Today, 10/01/08; Vote 210, 10/01/08]  XXXX Voted For Reauthorizing Amtrak, Funding for Rail Safety Needs. In September 2008, XXXX voted in favor of limiting debate on the first Amtrak reauthorization bill since 1997. The bill would authorize new funding for Amtrak at $5.3 billion in capital grants, $2.9 billion in operating grants and $1.9 billion for intercity passenger rail over five years. The $13 billion Amtrak authorization was added to a rail safety measure. The final bill would reauthorize and toughen rail safety programs, including directing rail companies to equip cars with sensors to help avoid crashes. The bill would authorize $1.6 billion over five years for the Federal Railroad Administration and other rail safety needs and would direct the Transportation Department to issue rules requiring certain railroads to evaluate and manage safety risks. The motion to invoke cloture passed 69-17. [CQ Today, 10/01/08; Vote 209, 9/29/08] XXXX Voted to Cut Amtrak Funding. In March 2005, XXXX voted against an amendment that authorized $1.04 billion in fiscal 2006 funding for Amtrak, and increased the fiscal 2006 discretionary spending limit by $1.04 billion. The spending would be offset by revenue increases. [Vote 51, 3/16/05] XXXX Voted Against Increasing Funding For Amtrak By $912 Million. On March 21, 2003, XXXX voted against increased funding for Amtrak. The vote was on an amendment to “provide adequate funds for the National Railroad Passenger Corporation (Amtrak),” by increasing spending on the rail system by $912 million. The funding would be paid for by reducing the Bush tax cut by $900 million for 1 year. [Vote 77, 3/21/03; Newsday, 3/22/03; Congressional Record, S4249] XXXX Voted Against Defending An Amendment To Allow Trust Funds To Be Used For Rail Service Projects. In 2000, XXXX voted against defending the germaneness of an amendment that would permit States to use their Federal surface transportation trust funds for intercity passenger rail service projects. The amendment was found not germane, 46-52. [Vote 130, 6/15/00] WATER INFRASTRUCTURE XXXX Voted For Funding For Water Infrastructure. In May 2013, XXXX voted for passage of a bill that would authorize Army Corps of Engineers projects, including dredging harbors and protecting waterways from storm damage. Under the bill, funding for dredging and other port improvements would increase by $100 million annually for six years. After that, all revenue raised annually through a user fee levied on domestic and imported shipping would be dedicated to the Harbor Maintenance Trust Fund. It would create a national levee safety program and establish metrics to measure the effectiveness of grants under the program. As amended, the bill would set a 10-year sunset date on provisions that would expedite the environmental permitting process for water projects. The bill was passed by a vote of 83-14 (D 50-1; R 31-13; I 2-0). [Vote 124, 5/15/13] XXXX Voted Against Requiring American-Made Goods From Being Used For Projects That Receive Federal Loans For Water Infrastructure. In May 2013, XXXX voted against Merkley, D-Ore., amendment no. 866 that would require the use of American iron, steel and manufactured goods for projects that are eligible for loans, user fee revenue or private investments under a financing pilot program created the Water Resources Development Act Reauthorization. Such materials would not be required in certain instances, such as if those 301

materials are not available or would increase the cost of the project by more than 25 percent. The amendment was adopted by a vote of 60-36 (D 49-1; R 9-35; I 2-0). [Vote 123, 5/15/13] MISCELLANEOUS XXXX Voted Against $200 Million In Funding For Rural Infrastructure & Development. In June 2012, XXXX voted against Brown, D-Ohio, amendment no. 2445 that would provide $150 million for various rural development programs administered by the Commodity Credit Corporation as well as $50 million in funding for water and sewer projects in small rural communities. The amendment was adopted by a vote of 55-44 (D 50-1; R 3- 43; I 2-0). [Vote 126, 9/19/12] XXXX Supported Making It Easier for Minority Owned Contractors to Compete for Federal Highway Contracts. In 2005, XXXX voted for an amendment that would direct the Transportation secretary to notify state and local governments that receive federal funds of a new law providing that once certain minority-owned small businesses are certified at the federal level they do not have to be re-certified at the state and local level in order to compete for federal contracts such as federal highway projects. [HR 3, Vote 116, 5/9/05] XXXX Opposed Promoting Increased Use of Pedestrian and Bicycle Trips. In 2005, XXXX voted against an amendment that would direct the Transportation secretary to promote a goal of increasing the percentage of pedestrian and bicycle trips relative to motorized trips, while reducing accidents involving bicyclists and pedestrians by 10 percent. It would encourage local action on bicycle and pedestrian safety. [HR 3, Vote 121, 5/11/05]  According to Senator Harkin, the following organizations endorsed his amendment: American Association of Retired Persons (AARP), America Bikes, American Heart Association, American Public Health Association, American Society of Landscape Architects, American Planning Association, League of American Bicyclists, National Center of Bicycling and Walking, Paralyzed Veterans of America, Rail- to-Trails Conservancy, the Surface Transportation Policy Project, and the Association of Metropolitan Planning Associations. [Harkin Press Release, 5/11/05] XXXX Voted Against Retaining a Reserve of Construction Funds for Disadvanted Business Enterprises. In 1998, XXXX Voted against retaining a reserve portion of construction funds for disadvanted business enterprises under the Highway and Transportation Reauthorization bill. XXXX sponsored the amendment. [Vote 23, 3/6/98] XXXX Voted Against Allowing States To Use Federal Disaster Funding To Repair Infrastructure Damaged By Disasters To State Standards That Were Often More Stringent Than Federal Ones. In May 2013, XXXX voted against “an amendment from Sen. Bernie Sanders (I-Vt.) that would have allowed states to use federal funds to restore infrastructure damaged by natural disasters to state standards that are stricter than federal standards.” The amendment was rejected by a vote of 56-40 (D 50-0; R 4-40; I 2-0). [Environment and Energy Daily, 5/15/13; Vote 120, 5/14/13] 302

TROOPS, DEFENSE, AND VETERANS HIGHLIGHTS  THE XXXX RECORD TROOPS XXXX Voted Against Bipartisan Troop Deployment Limits. In September 2007, XXXX voted against Sen. Jim Webb’s bipartisan proposal to specify minimum periods between deployments of U.S. troops in Iraq. Specifically, the Webb amendment would have extended home stays for troops for periods at least as long as their last combat tours before they can be redeployed. XXXXX backed the measure when it came up for a vote in July 2007. [Vote 341, 9/19/07; Washington Post, 9/19/07] XXXX Opposed Establishing Minimum Home Stays Between Deployments. XXXX voted against an amendment that would have required that U.S. troops get at least as much time at home as they spent on their last deployment to Iraq or Afghanistan. The plan also stipulated that for members of the National Guard and Reserve, the deployment to period at home minimum ratio would be 1-to-3. [Vote 241, 7/11/07; Richmond Times Dispatch, 7/10/07]  While Deployments Are Being Extended, Time Home Is Decreasing. Earlier this year, active duty Army soldiers in Iraq learned that their tours will be extended from 12 to 15 months, a decision that affects more than 100,000 soldiers and will result in the longest Army combat tours since World War II. The announcement also means that active-duty soldiers will spend more time at war than at home. [Washington Post, 4/12/07]  Long Deployments Increase Risk of Mental Problems Among Troops. A mental health survey released in May found that extended tours and multiple deployments, could have a detrimental affect on troops. Among other things, the report recommended that soldiers spend 18 to 36 months at home between deployments abroad. In addition, “Soldiers who were deployed for more than six months were one and a half times more likely to exhibit depression or anxiety than those with shorter tours of duty.” [New York Times, 5/6/07]  Extended Deployments Are Endangering Ability to Respond to Disasters At Home. After a massive tornado hit Kansas in May, Gov. Kathleen Sebelius expressed concern that rescue and recovery efforts were being strained because much of the needed equipment has been sent to Iraq. “When the troops get deployed, the equipment goes with them,” she said. “We are missing Humvees, we’re missing all kinds of equipment that could help us respond in this kind of emergency.” [CNN, 5/8/07] XXXX Voted Against Capping Troops in Colombia. In June 2004, XXXX voted against an amendment that would cap the number of military troops and civilian contractors in Colombia at 500 each. [Vote 140, 6/23/04] XXXX Voted Against Authorizing $409 Million for the Army to Increase Its Size by 10,000 Troops. On October 15, 2003, XXXX voted against using $409 million for the Army to increase its size by 10,000 troops. Additional personnel would be required to be trained, incorporated into an appropriate force structure and used for constabulary duty such as military police and light infantry. It also would require that $409 million be made available from the Iraqi Freedom Fund to fund the additional personnel. [Vote 382, 10/15/03; AP, 10/15/03] 303

XXXX Voted Against Redirecting $850 Million For Programs Including 2002 Winter Olympics Security, Into Military Readiness And Personnel. In 2001, XXXX voted to table an effort to redirect almost $850 million from a variety of non-defense programs, including security for the 2002 Winter Olympics, into military readiness and personnel. The amendment would increase the amount appropriated for defense personnel accounts, operation and maintenance accounts, and procurement accounts by $847.8 million and would fully offset that increase by making rescissions in non-defense accounts. Non-defense programs that would be cut included $60 million in subsidies for job training and security preparations for the 2002 Winter Olympics in Salt Lake City. The vote was on a motion to table the McCain modified amendment to the Supplemental Appropriations Act for fiscal year 2001. [S 1077, Vote 226, 7/10/01; Congressional Quarterly Daily Monitor, 7/10/01; Associated Press, 7/10/01; Los Angeles Times, 7/11/01] XXXX Voted Against $270 Million for Defense Department’s Child Development Program. In 1998, XXXX voted against the Wellstone amendment to S.2057, which was an amendment to authorize an additional $270 million over five years for the Defense Department’s child development program, which provides child-care for the children of military personnel. At the time of the vote 150,000 children who were eligible were not participating, due to a lack of funding. The amendment would pay for the increase with a 0.1 percent across-the-board cut to all other programs authorized in this Department of Defense authorization bill. [Vote 173, 6/25/98] NATIONAL GUARD AND RESERVES XXXX Supported Reimbursing Federal Employees Who Take Leave to Join the National Guard. In April 2005, XXXX opposed an effort to kill an amendment that would require that federal employees who take a leave without pay in order to perform certain services as a member of the uniformed service or the National Guard, be reimbursed for the difference between their salary and the pay and allowances they receive while on duty. [HR 1268, Vote 91, 4/13/05] XXXX Opposed Modernizing the Retirement Package for National Guardsmen and Army Reservists. In 2004, XXXX voted against an amendment that would reduce from 60 to 55 the age at which members of the National Guard and Army Reserves could receive retirement benefits. [Vote 136, 6/22/04] XXXX One of Only 25 Senators to Oppose Extending Health Care for National Guardsmen and Army Reservists. In 2004, XXXX voted against expanding the benefits of the military’s TRICARE health system to members of the National Guard and Army Reserves. XXXX was one of only 25 Senators to oppose extending health care to national guardsmen and army reservists. [Vote 105, 6/2/04] XXXX Voted Against Limiting Involuntary Deployments of National Guard & Reservists. In October 2003, XXXX voted to kill a proposal that would have barred the involuntary deployment of National Guard and Reserves soldiers to Iraq if they have already been involuntarily deployed for more than six months in the last six years. [Vote 397, 10/17/03; Congressional Record, 10/17/03] XXXX Voted to Reimburse Federal Employees in the National Guard Serving in Iraq for Lost Wages. On October 17, 2003, XXXX voted for an amendment that would reimburse federal employees in the National Guard serving in Iraq for lost wages. The vote was on a Durbin, D-Ill., amendment (no. 1837) to the FY 2004 Supplemental for Iraq and Afghanistan. The Durbin amendment would require that federal employees who took leave without pay in order to perform certain services as a member of the uniformed service or the National Guard, be reimbursed for the difference between their salary and the pay and allowances they receive while on duty. [S 1689, Vote 390, 10/17/03; CQ Daily Monitor, 10/17/03] XXXX Voted Against Increasing Strength of Army By 10,000. In October 2003, XXXX voted to kill a proposal to expand the size of the U.S. Army by 10,000 soldiers. Supporters of the amendment, which was adopted 52-45 and would cost $409 million over several years, argued that more active duty troops were needed to lessen the budget on National Guard and Reserve soldiers. [Vote 382, 10/15/03; Omaha World Herald, 10/16/03] 304

XXXX Opposed Lowering Retirement Age from 60 to 55 for Members of the National Guard and Reserves. On October 15, 2003, XXXX voted an amendment to reduce the retirement age for members of the National Guard and Reserve from 60 to 55. The change would have allowed an estimated 92,000 reservists that were age 55 to 59 to retire with full benefits. [Vote 381, 10/15/03; Corzine Floor Statement, 10/15/03] XXXX Voted to Call for National Guard and Reserves to Have Access to TRICARE. On July 16, 2003, XXXX voted for a Daschle, D-S.D., amendment to the FY 2004 Defense Appropriations bill. The Daschle amendment would express the sense of the Senate that the National Guard and Reserves play a critical national security role and should be granted access to the TRICARE military health care program. [HR 2658, Vote 282, 7/16/03] XXXX Voted Against Limiting National Guard Deployments. In July 2003, XXXX voted to kill a proposal to limit the overseas missions of National Guard and Reserve forces to six months, once a year. [Vote 277, 7/15/03; AP, 7/15/03] XXXX Supported Expanding Eligibility of Military Health Care. XXXX, on May 20, 2003, voted for the Graham amendment to S.1050, which was an amendment to allow members of the Selected Reserve to enroll in TRICARE, the military health care plan used by active-duty members. Enlisted service members would pay premiums of $330 annually for themselves and $560 for their families, and officers would pay premiums of $380 annually for themselves and $610 for their families. Reservists who elect to retain civilian insurance for their families and who are ordered to active duty would be reimbursed for that insurance. [S 1050, Vote 185, 5/20/03] XXXX Voted Against Cutting Taxes For Active Reservists. In May 2003, XXXX voted against an amendment that allowed a 50 percent tax credit on the salaries employers pay workers who are in the National Guard or Reserves and have been put on active duty. [Vote 163, 5/15/03] XXXX Voted to Kill $1 Billion in Equipment Funding For Troops. Just weeks after the Iraq war began, XXXX voted to kill a proposal to provide $1 billion for National Guard and Reserve equipment. The funding proposal was rejected 52-47. [Vote 116, 4/2/03; AP, 4/2/03] XXXX Voted To Increase Spending On The National Guard And Reserves By $10.5 Billion. On March 26, 2003, XXXX voted to increase spending on the National Guard and Reserves by $10.5 billion over 10 years. The vote was on the Landrieu, D-La., amendment, which offset the spending with a reduction in tax cuts. [S Con Res 23, Vote 105, 3/26/03] XXXX Voted Against Increasing Spending On Military Health Care By $21 Billion. On March 25, 2003, XXXX voted against increased spending on military health care that was offset by a reduction in tax cuts. The amendment increased spending on the TRICARE program by $21 billion over 10 years to give members of the National Guard and Reserves and their families greater access to the health care program. More than 20 percent of those in the National Guard and Reserves do not have health insurance. [Vote 81, 3/25/03; Blanche Lincoln, Floor Statement, 3/25/03] MILITARY PAY RAISES XXXX Voted For Funding for Defense, the Wars, and a Pay Raise for the Troops. In December 2009, XXXX voted for a $636 billion Defense spending bill, the last of the fiscal 2010 appropriations measures. The bill would provide $508 billion for the Defense Department’s regular activities and $128.3 billion for war operations. It also contained a 3.4 percent pay raise for the military. The bill would appropriate $3.8 billion less for Defense programs than the president’s request but $11 billion more than the current level, which includes supplemental spending enacted in June. The bill passed 88-10. [CQ Today, 12/19/09; Vote 384, 12/19/09]  XXXX Voted Against Cloture on Funding for Defense, the Wars, and a Pay Raise for the Troops. In December 2009, XXXX voted against to invoking cloture on the bill (HR 3326) that would provide $508 billion for the Defense Department’s regular activities and $128.3 billion for war operations. Under the 305

measure, the military would see a 3.4 percent pay increase, 0.5 percent more than the administration’s request. The motion to invoke cloture passed 63-33. [CQ Today, 12/18/09; Vote 381, 12/18/09] XXXX Voted Against Funding, Pay Raise for the Troops. In October 2009, XXXX voted against the conference report of the fiscal 2010 defense authorization bill that would authorize $680.2 billion in discretionary funding for defense programs, including $130 billion in fiscal 2010 for the wars in Iraq and Afghanistan, as well as a 3.4 percent pay raise for troops. The bill would ratify many Pentagon proposals to scale back major weapons programs. It would also back Obama’s new plan for missile defense in Europe, which would shift from radar and missile sites in Poland and the Czech Republic to a ship- and land-based approach. The measure includes a rewrite of some of the rules in the Military Commissions Act of 2006 for detaining, interrogating and prosecuting wartime captives. It would prohibit the use of coerced testimony, limit the use of hearsay evidence and change procedures for handling classified information. While it would end production of the Air Force’s F-22 fighter jet, it would devote $560 million toward a backup engine for the F-35 Joint Strike Fighter. The bill also expanded federal hate crimes law to cover offenses committed on the basis of gender identity and sexual orientation. The bill passed 68-29. [CQ Today, 10/22/09; Vote 327, 10/22/09]  XXXX Voted Against Considering Funding, Pay Raise for the Troops. In October 2009, XXXX voted against ending debate on the fiscal 2010 defense authorization bill that would authorize $680.2 billion in discretionary funding for defense programs, including $130 billion in fiscal 2010 for the wars in Iraq and Afghanistan, as well as a 3.4 percent pay raise for troops. The bill would ratify many Pentagon proposals to scale back major weapons programs. It would also back Obama’s new plan for missile defense in Europe, which would shift from radar and missile sites in Poland and the Czech Republic to a ship- and land-based approach. The measure includes a rewrite of some of the rules in the Military Commissions Act of 2006 for detaining, interrogating and prosecuting wartime captives. It would prohibit the use of coerced testimony, limit the use of hearsay evidence and change procedures for handling classified information. While it would end production of the Air Force’s F-22 fighter jet, it would devote $560 million toward a backup engine for the F-35 Joint Strike Fighter. The bill also expanded federal hate crimes law to cover offenses committed on the basis of gender identity and sexual orientation. The motion to invoke cloture passed 64- 35. [CQ Today, 10/22/09; Vote 326, 10/22/09]  XXXX Voted For Funding and a Pay Raise for the Troops. In July 2009, XXXX voted for the original Senate version of the sweeping defense authorization bill that would authorize $680 billion for defense programs in fiscal 2010, including $129.3 billion for the wars in Iraq and Afghanistan. Excluding the war funding, it would authorize $155.6 billion for operations and maintenance; $107.2 billion for procurement; $135.6 billion for military personnel; $22.8 billion for military construction, family housing and base closure; $79.9 billion for research development, testing and evaluation; and $27.9 billion for the Defense Health Program. The bill would authorize a 3.4 percent pay increase for military personnel and authorize the Defense Department to increase the active-duty end strength for the Army by 30,000 above the 2010 baseline for fiscal 2010 through 2012. It would expand federal hate crimes law to cover those based on sexual orientation, gender identity or disability. The bill passed 87-7. [CQ Today, 7/23/09; Vote 242, 7/23/09] XXXX Voted For Defense Authorization, Including Funding for Troops in Iraq, Military Pay Raises. In September 2008, XXXX voted for a $612.5 billion defense authorization bill. The bill authorizes spending on national security programs in the Defense and Energy departments in the fiscal year that begins Oct. 1 and notably includes authority for the Pentagon to increase pay for U.S. military personnel, buy weapons and conduct operations in Iraq and Afghanistan. The bill passed 88-8. [CQ Today, 9/17/08; Vote 201, 9/17/08]  XXXX Voted For Considering Defense Authorization - Including Funding for Troops in Iraq, Military Pay Raises. In September 2008, XXXX voted for a motion to limit debate on a $612.5 billion defense authorization bill. The bill authorizes spending on national security programs in the Defense and Energy departments in the fiscal year that begins Oct. 1 and notably includes authority for the Pentagon to increase pay for U.S. military personnel, buy weapons and conduct operations in Iraq and Afghanistan. One of the biggest fights in Senate deliberations on the bill was over earmarks, specific spending items directed 306

by Congress and not requested by the administration. The motion to invoke cloture passed 61-32. [CQ Today, 9/17/08; Vote 200, 9/17/08] XXXX Voted for Defense Authorization Bill; Military Pay Raise. XXXX voted for the defense authorization bill that provided $317.5 billion for the Defense Department, $19 billion more than fiscal 2001. The bill includes $881 million for a new counter-terrorism program and a 4.6 percent military pay raise. HR 3338 was adopted on a 94-2 vote. [HR 3338, Vote 380, 12/20/01] XXXX Voted For A 3.7% Pay Raise In The FY 2001 Department Of Defense Appropriations Bill. In 2000, XXXX voted for final passage of the Department of Defense Appropriations Bill for fiscal year 2001 (H.R. 4576). The bill would provide $287.63 billion in new budget authority for the military functions of the Department of Defense, which was $3.11 billion more than requested, and $19.878 billion more than enacted in the previous year's defense appropriations bill. The bill also included a 3.7% percent pay raise for military personnel. The bill passed, 95-3. [Vote 127, 6/13/00] MILITARY HEALTH AND BENEFITS XXXX Voted For Expanding TRICARE Coverage To Include Treatment For Autism. In November 2012, XXXX voted for Gillibrand, D-N.Y., amendment no. 3058 that would expand coverage of the military health insurance program TRICARE to include behavioral health treatment for autism spectrum disorders when prescribed by a doctor. The measure was adopted by a vote of 66-29 (D 48-1; R 16-28; I 2-0). [Vote 211, 11/29/12] XXXX Voted For New GI Bill. In June 2006, XXXX voted for war supplemental spending bill that would provide $165.4 billion for the wars in Iraq and Afghanistan and $21 billion for domestic spending, including a major expansion of veterans' education benefits, a 13-week extension of unemployment and Midwestern flood aid. The bill passed 92-6. [CongressNow, 6/26/08; Vote 162, 6/26/08]  XXXX Voted To Advance Supplemental Domestic Spending, New GI Bill. In May 2008, XXXX voted to advance supplemental appropriations bill that contained domestic spending, including an extension of unemployment benefits, the delay of seven Medicaid rules proposed by the Bush administration and an expanded veterans benefit program, a proposal by Jim Webb, D-Va., that had broad bipartisan backing. The Senate concurred with the domestic funding amendment by a vote of 75-22. [CQ Today, 5/22/08; Vote 137, 5/22/08] XXXX Voted Against $10 Million for Readjustment Counseling for Returning Soldiers. In 2005, XXXX voted against providing an additional $10 million for the Readjustment Counseling Service to ensure soldiers returning from the war in Iraq and Afghanistan can receive treatments. [Vote 242, 9/22/05; Tulsa World, 9/25/05] Note: The funding would have been offset by a $10 million cut from the HealthVet technology budget. XXXX Voted Against $610 Million Funding Hike for Troop Health Care. In 2005, XXXX voted against increasing funding for the health care needs of U.S. service members deployed in Iraq and Afghanistan by $610 million. The same amendment XXXX opposed would have increased funding for veterans’ health care, and it was strongly supported by the Disabled Veterans of America, who said the funding was “urgently needed to stem the flow of red ink that threatens health care for today’s veterans and thousands of men and women injured and disabled during the war in Iraq and Afghanistan.” [Vote 89, 4/12/05; Disabled Veterans of America Release, 4/14/05] XXXX Voted to Create a Reserve Fund for US Soldiers. In March 2005, XXXX voted for an amendment that would add language in the resolution to create a deficit-neutral reserve fund if legislation is passed that would provide a 50 percent tax credit for employers who continue to pay the salaries of National Guard and Reserve members called to active duty. [S Con Res 18, Vote 62, 3/17/05] XXXX Voted For Increasing the Military Death Benefit. In August 2005, XXXX opposed efforts to table the Kerry Amendment that would increase the military death benefit from $12,420 to $100,000 for all military 307

members who died on active duty on or after Oct. 7, 2001, not just those serving in combat. [HR 1268, Vote 92, 4/13/05] XXXX Did Not Vote On Bill To Extend Military Health Benefits. In 2004, XXXX did not vote on an amendment that would authorize medical and dental care for service academy cadets and midshipmen, and Reserve Officer Training Corps participants who incur injury or aggravate an illness or disease in the line of duty. [S 2400, Vote 95, 5/17/04] XXXX Voted to Reimburse Service Members Who Paid for Meals While Hospitalized Due to Combat Injuries since 9/11. In October 2003, XXXX supported an amendment that would reimburse service members who paid for meals while hospitalized as a result of injuries or illness while in combat or training since Sept. 11, 2001. [S 1689, Vote 393, 10/17/03] XXXX Voted to Call for National Guard and Reserves to Have Access to TRICARE. On July 16, 2003, XXXX voted for a Daschle, D-S.D., amendment to the FY 2004 Defense Appropriations bill. The Daschle amendment would express the sense of the Senate that the National Guard and Reserves play a critical national security role and should be granted access to the TRICARE military health care program. [HR 2658, Vote 282, 7/16/03] XXXX Supported Expanding Eligibility of Military Health Care. XXXX voted for the Graham amendment to S.1050, which was an amendment to allow members of the Selected Reserve to enroll in TRICARE, the military health care plan used by active-duty members. Enlisted service members would pay premiums of $330 annually for themselves and $560 for their families, and officers would pay premiums of $380 annually for themselves and $610 for their families. Reservists who elect to retain civilian insurance for their families and who are ordered to active duty would be reimbursed for that insurance. [S 1050, Vote 185, 5/20/03] XXXX Voted To Give Tax Breaks To Members Of The Armed Services. On March 27, 2003, XXXX voted to give tax breaks to members of the military for five years. The vote was on a bill that would include an exemption from taxable income of the full $6,000 cash payment given to survivors of military members killed in the line of duty and a relaxation of a residency requirement to take advantage of a capital gains exclusion on the sale of a primary home. The bill would exempt from military members' taxable income amounts received under the Homeowners Assistance Program and would allow military personnel serving in “contingency operations” a temporary postponement on filing and paying taxes. Individuals serving in the military reserves could take deductions for all travel expenses to meetings more than 100 miles from home. The bill passed, 97-0. [HR 1307, Vote 110, 3/27/03] XXXX Voted Against Increasing Spending On Military Health Care By $21 Billion And Reduce Tax Cuts. On March 25, 2003, XXXX voted against increasing spending on military health care, and offset the spending by reducing tax cuts. The vote was on the Lincoln, D-Ark., amendment that would increase spending on the TRICARE program by $21 billion over 10 years to give members of the National Guard and Reserves and their families greater access to the health care program. The increase would be offset by a reduction in tax cuts. More than 20 percent of those in the National Guard and Reserves do not have health insurance. [S Con Res 23, Vote 81, 3/25/03; Blanche Lincoln, Floor Statement, 3/25/03] XXXX Voted Against Increasing Spending For Defense and Military Pay And Benefits. XXXX voted against passage of the Supplemental Appropriations Act for fiscal year 2001 (H.R. 2216). The bill would provide $6.544 billion in net new budget authority ($5.919 billion in defense discretionary appropriations and $625 million in non- defense discretionary appropriations). A total of $3.002 billion would be appropriated for Department of Defense operations and maintenance, $936.4 million would be appropriated for veterans' benefits, and $515.0 million would be appropriated for military personnel to address quality of life issues such as military pay and benefits. The bill passed, 98-1. [HR 2216, Vote 228, 6/10/01] XXXX Voted For An Amendment To Allow Military Retirees To Be Eligible For Military Health Care. In 2000, XXXX voted for an amendment that would repeal the restriction, enacted in 1964, on military retirees being 308

eligible for military health care benefits under CHAMPUS or TRICARE after they reach age 65 and are eligible for Medicare. Under the amendment, Medicare would pay for health services received from military health care providers for services covered by Medicare, and military health insurance would pay for those services it covers that are not covered by Medicare. [Vote 117, 6/7/00] XXXX Voted to Increase Assistance To Enlisted Personnel Who Qualify For Food Stamps. In 2000, XXXX voted for an amendment that would enact a special assistance allowance of $180 per month for those enlisted personnel who qualify for food stamp assistance. The amendment was agreed to, 93-0. [Vote 116, 6/6/00] XXXX Voted To Increase Assistance To Military Personnel Who Are Eligible For Food Stamps. In 2000, XXXX voted for an amendment that would increase functional totals by $28 million over 5 years in order to pay for the establishment of a special subsistence allowance for members of the uniformed services who are eligible to receive food stamp assistance. The amendment was agreed to, 99-0. [Vote 61, 4/6/00] DON’T ASK, DON’T TELL XXXX Voted Against Defense Authorization Bill And Repeal Of Don’t Ask, Don’t Tell Policy. In September 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would authorize $725.7 billion in discretionary funding for defense programs in fiscal 2011. It also would repeal a 1993 law that codifies the "don't ask, don't tell" policy on military service by openly gay men and women. [CQ; Vote 238, 9/21/10] VETERANS’ HEALTH CARE AND BENEFITS XXXX Voted To Reduce Annuities Paid To Surviving Spouse Of Military Personnel. In November 2012, XXXX voted against a Nelson, D-Fla., motion to waive all applicable budget laws and budget resolutions with respect to the Corker, R-Tenn., point of order against the Nelson amendment no. 3013 that would repeal a provision to reduce annuities paid to the surviving spouses of military personnel by the amount of dependency and indemnity compensation to which the spouses are entitled. The motion was rejected by a vote of 58-34 (D 47-1; R 9-33; I 2-0). [Vote 216, 11/30/12] XXXX Voted Against Iraq And Afghanistan War Supplemental Funding, Disaster Funding, And Funding To Compensate Veterans Exposed To Agent Orange. In May 2010, XXXX voted against passage of the bill that would provide $58.8 billion in supplemental funds for fiscal 2010, including $33.5 billion for the Defense Department for the addition of 30,000 troops in Afghanistan, $3.6 billion for Afghan and Iraqi security forces and $4.9 billion for Defense Department procurement. It would provide $94 million for recovery efforts related to the oil spill in the Gulf of Mexico. It would provide $5.1 billion for the Federal Emergency Management Agency to pay for costs of past disasters and $13.4 billion in mandatory funds to compensate Vietnam War veterans exposed to Agent Orange. [Vote 176, 5/27/10]  XXXX Voted Against Iraq And Afghanistan War Supplemental Funding, Disaster Funding, And Funding To Compensate Veterans Exposed To Agent Orange. In May 2010, XXXX voted against a motion to invoke cloture (thus limiting debate) on the committee-reported substitute that would provide $58.8 billion in supplemental funds for fiscal 2010, including $33.5 billion for the Defense Department for the addition of 30,000 troops in Afghanistan, $3.6 billion for Afghan and Iraqi security forces and $4.9 billion for Defense Department procurement. It would provide $5.1 billion for the Federal Emergency Management Agency to pay for costs of past disasters and $13.4 billion in mandatory funds to compensate Vietnam War veterans exposed to Agent Orange.” [Vote 171, 5/27/10] XXXX Voted For Increasing Veterans’ Benefits, Providing Benefits to Filipino WW2 Veterans. In April 2008, XXXX voted for a broad measure to increase veterans’ benefits that includes a controversial provision to provide benefits to Filipino veterans who fought alongside U.S. forces in World War II. The latest bill would cover a wide range of benefits including life insurance, housing grants and burial allowances. The bill passed 96-1, with only David Vitter opposing. [CQ Today, 4/24/08; Vote 112, 4/24/08] 309

XXXX Rejected Initial FY08 Budget Resolution, Which Included a Vets’ Funding Hike. XXXX voted against the initial version of the FY 2008 budget resolution, which provided for over $3.5 billion more in funding for Veterans than the Bush Administration’s proposal. Bush’s budget called for $39.6 billion in funding compared to the Democratic plan for $43.1 billion. The budget XXXX opposed included $6.7 billion more for veterans than 2007. [Vote 114, 3/23/07; Vote 172, 5/17/07; Senate Budget Committee, 3/20/07, 5/17/07] XXXX Voted to Allow Veterans’ Health Care Fees to Triple. During debate on the FY 2007 budget resolution, XXXX voted to kill an amendment that eliminated a tripling of fees for veterans in the TRICARE health care program by raising the discretionary spending limit by approximately $10 billion. President Bush’s budget proposal included fee hikes for the military’s TRICARE health program for retirees under 65 and their families and, according to critics, “would double or triple health care premiums for about 3 million military retirees.” [Vote 67, 3/16/06; Washington Post, 3/16/06] XXXX Opposed Mandating Vets’ Health Care Funding. In March 2006, XXXX voted against an amendment to make veterans’ health benefits a mandatory program, spending $104 billion over five years. The funding would have been offset by closing corporate tax loopholes and rolling back the Bush tax cuts for millionaires. [Vote 63, 3/16/06; Reid Press Release, 3/16/06] XXXX Rejected $1.5 Billion for Veterans’ Health Care. During debate on the FY 2007 budget resolution, XXXX voted to kill an amendment that would have closed corporate tax loopholes in order to increase veterans’ health care funding by $1.5 billion. [Vote 41, 3/14/06; Spokesman-Review, 3/15/06] XXXX Voted Against Prioritizing Veterans’ Health Care Over Millionaire Tax Cuts. In February 2006, XXXX voted against a motion to instruct conferees on the 2006 tax cut package to insist that the conference report include funding to support health needs of veterans and military personnel in lieu of an extension of tax breaks for millionaires. The motion’s sponsor explained that the money saved by rolling back tax cuts for just 0.2% of all taxpayers could be used to pay for veterans’ health care and disability payments for veterans. [Vote 15, 2/13/06; Dodd Floor Speech, 2/13/06] XXXX Voted Against $19 Billion Hike in Veterans’ Health Care Funding. In February 2006, XXXX voted against an amendment that would have provided at least $19 billion for military and veterans hospitals, to be offset by rolling back tax cuts for millionaires. According to an official from the American Legion, the proposed funding “acknowledges the need for adequate funding to ensure our nation’s veterans receive the healthcare and other benefits to which they are entitled.” [Vote 7, 2/2/06; Dodd Floor Speech, 2/2/06] XXXX Was a Johnny-Come-Lately on Veterans Health Care. In 2005, after consistently ignoring warnings about budget shortfalls in Veterans health care and voting against funding for those programs, XXXX voted for an amendment to add $1.5 billion in supplemental funding to the Department of Veterans Affairs. In the next vote, XXXX voted for passage of the underlying amendment to which $1.5 billion had been added. [AP, 6/28/05; U.S. Senate Committee on Veterans Affairs Press Release, 6/23/05; Office of Sen. Patty Murray; Vote 89, 4/12/05; Vote 90, 4/12/05; Vote 165, 6/29/05; Vote 166, 6/29/05] XXXX Voted for Interior, IHS, Forest Service, Veterans Funding. In 2005, XXXX voted for a bill that would provide $26.3 billion in fiscal 2006 for the Department of Interior and related agencies, including $9.9 billion for the Interior Department and $7.8 billion for the EPA. It would provide $4.1 billion for the Forest Service, $1.8 billion for the Bureau of Land Management and $3.2 billion for the Indian Health Service. It also would provide $1.5 billion in emergency fiscal 2005 funding for medical services provided by the Veterans Affairs Administration. [HR 2361, Vote 168, 6/29/05] XXXX Rejected $500 Million a Year for Vets’ Mental Health Care. In November 2005, XXXX killed a proposal to provide an additional $500 million a year over five years for veterans’ mental health services, to be offset by rolling back tax cuts for millionaires. [Vote 343, 11/17/05] 310

XXXX Voted Against Mandatory Veterans’ Health Care Funding. In October 2005, XXXX voted against establishing a funding formula for veterans’ health care that would keep pace with inflation and population growth. [Vote 251, 10/5/05; CQ Today, 10/5/05] XXXX Voted Against $10 Million for Veterans’ Counseling. In September 2005, XXXX voted against an amendment that would have added $10 million to the Readjustment Counseling Service and decreased the HealtheVet technology budget by the same amount. Supporters said the additional funds would ensure soldiers returning from the war in Iraq and Afghanistan could receive treatment. [Vote 242, 9/22/05; Tulsa World, 9/25/05] XXXX Twice Rejected $2 Billion in Veterans’ Health Care Funding. In April 2005, XXXX twice voted against increasing veterans’ health care funding by $1.98 billion. “There is a train wreck coming in veterans’ health care and I’m offering an amendment to deal with the emergency now - before it turns into a crisis,” Sen. Patty Murray said. The amendment included $610 million for health care services for the newest veterans, $525 million for mental health care for returning veterans and $40 million for each of the VA regional operations. Two months later, the VA announced a billion-dollar budget shortfall. [Vote 89, 4/12/05; Vote 90, 4/12/05; Scripps Howard News Service, 4/12/05; U.S. Senate Committee on Veterans Affairs Press Release, 6/23/05] XXXX Twice Supported the FY06 Budget Resolution That Cut Funding for Veterans. The Senate Republicans’ initial FY06 budget resolution slashed domestic discretionary programs by $204 billion over five years, including significant cuts to veterans’ benefits. Arguing against the budget, the leader of the American Legion said, “No veteran should be shortchanged by those in Congress with higher national priorities than the ongoing cost of war.” The final version of the budget included $212 billion in cuts to domestic discretionary programs, including veterans’ health care. [Vote 81, 3/17/05; Center on Budget and Policy Priorities, 4/1/05; American Legion Press Release, 3/18/05; Vote 114, 4/28/05; Center on Budget and Policy Priorities, 5/6/05; Congressional Record, 4/28/05] XXXX Voted Against $2.8 Billion for Veteran Health Care. In 2005, XXXX voted against an amendment that would increase funding for veterans health care by $2.8 billion for fiscal 2006 and reduce the deficit by $2.8 billion. [Vote 55, 3/16/05]  XXXX Voted To Fund Veterans Health Care. In 2005, XXXX voted for an amendment that would increase fiscal 2006 health care funding for veterans by $410 million. It would be offset by a reduction in foreign aid funding. [Vote 54, 3/16/05] XXXX Opposed Mandatory Full Funding of Veterans Health Care. In 2004, XXXX helped defeat an amendment that would ensure that all veterans have access to the health services and prescription drugs they need and deserve. The amendment would have established a new funding process intended to guarantee Veterans health programs are fully funded. The non-partisan Congressional Budget Office predicted that this amendment would permit another 3 million veterans to receive pharmaceutical and health services from the VA. [S 2400, Vote 145, 6/23/04] XXXX Voted Against Reserve Fund to Cover Vets’ Programs. During debate on the FY 2005 budget resolution, XXXX voted to kill an amendment that would have created a reserve fund with up to $11.2 billion in additional spending for a number of programs, including veterans’ medical care. [Vote 48, 3/11/04] XXXX Voted Against Increasing Veterans’ Medical Care by $1.8 Billion. In 2004, XXXX voted against an amendment to create a reserve fund to allow for an increase in veterans’ medical care by $1.8 billion. The spending would have been offset by revenue increases. [Vote 40, 3/10/04] XXXX Voted Against Reducing Taxes to Pay for Veterans’ Health Care. In 2004, XXXX voted against creating a reserve fund to allow for an increase in Veterans’ medical care by $2.7 billion and lower the national debt by reducing the President’s tax breaks for taxpayers with incomes in excess of $1 million a year. [Vote 34, 3/9/04] 311

XXXX Voted Against Moving $1.8 From Iraq to Vets’ Health Care. During debate on the FY 2004 war funding bill, XXXX killed an amendment that would have redirected $1.8 billion for Iraqi reconstruction to veterans’ health benefits. [Vote 379, 10/14/03] XXXX Opposed $13 Billion for Veterans. XXXX rejected the Democratic substitute to the FY 2004 budget resolution, which would have increased veterans’ funding by $13 billion, to be offset by rolling back tax cuts. [Vote 83, 3/25/03; Conrad Floor Speech, 3/25/03] XXXX Voted Against $650 Million for Medical Spending For Veterans. In 2001, XXXX voted against an amendment that would increase the amount provided to the Veterans Health Administration for medical care by $650 million, for a total of $22.020 billion. No offsets would be provided to pay for the increased cost. The bill would already provide an increase of $1.1 billion for veterans’ medical care, and it will provide that increase within its budget allocation. [HR 2620, Vote 263, 8/1/01] XXXX Voted for $967 Million for Veterans Programs. In 2001, XXXX voted for an amendment that would adjust the functional totals in order to increase spending on veterans programs in FY2002 by $967 million. It was debated concurrently with a Wellstone amendment that increased spending on veterans programs and denied tax cuts by a commensurate amount. [H Con Res 83, Vote 85, 4/6/01] XXXX Chose Tax Cuts for the Rich Instead of Health Care for Veterans. In 2001, XXXX voted against an amendment to increase funding for Veteran’s health care by $1.7 billion. The budget resolution’s funding level was inadequate to meet the needs of veteran’s health programs, according to a budget authored by forty veteran’s organizations and medical societies. [H Con Res 83, Vote 84, 4/6/01] XXXX Voted For An Amendment To Allow Military Retirees To Be Eligible For Military Health Care. In 2000, XXXX voted for an amendment that would repeal the restriction, enacted in 1964, on military retirees being eligible for military health care benefits under CHAMPUS or TRICARE after they reach age 65 and are eligible for Medicare. Under the amendment, Medicare would pay for health services received from military health care providers for services covered by Medicare, and military health insurance would pay for those services it covers that are not covered by Medicare. [Vote 117, 6/7/00] XXXX Voted to Kill an increase in Veteran’s Healthcare funding by $209.5 million. In 1999, XXXX voted for his motion to table an amendment that decreases funding for Corporation for National and Community Service programs (AmeriCorps) from $423.5 million to $199.0 million; and increases medical care for Veteran’s Health Administration by $209.5 million, Homeless Providers Grant and Per Diem program by $5.0 million, and grants for construction of State extended care facilities for veteran’s by $10.0 million. [Vote 286, 9/22/99] XXXX Voted Against Increased Veterans Health Care Funding. In 1999, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Wellstone amendment to S.1429, which was an amendment to recommit the bill to the Senate Finance Committee with instructions to reserve $3 billion per year for five years for veterans’ health care, offset by decreasing tax reductions for upper income taxpayers. [Vote 243, 7/30/99] XXXX Did Not Vote on Measure Lifting Prohibition on Tobacco-Related Illnesses for Veterans. In 1998, XXXX did not vote on a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Wellstone amendment to S.2168, which was an amendment to repeal a provision in the six-year surface transportation reauthorization (PL 105-178) that prohibits compensation payments to veterans for tobacco-related illnesses. [Vote 210, 7/17/98] XXXX Voted Against Veterans Funding. In 1998, XXXX voted against the Bumpers amendment to S.2168, which was an amendment to eliminate the bill’s $2.3 billion appropriation for the international space station. The amendment would provide $850 million to terminate the program, $1 billion for veterans’ health care programs, and $450 million for low-income housing. [Vote 185, 7/7/98] 312

XXXX Voted Against Transferring $329 Million to Veterans Affairs. In 1998, XXXX voted against the Harkin amendment to S.2057, which was an amendment to transfer $329 million from defense accounts to the Veterans Affairs Department for health care programs. The amendment would order the Secretary of Defense to transfer the funds from defense programs that would result in the least significant harm to armed forces readiness and military personnel quality of life. [Vote 175, 6/25/98] XXXX Voted to Cut Veterans' Programs. In 1998, XXXX voted for an amendment that would transfer savings from veteran’s' programs to transportation account to fund increases in ISTEA. The amendment would also express the sense of Senate that functional totals and assumptions underlying resolution assume support of President's proposal to disallow post-service smoking related illnesses to be eligible for VA health benefits; and requires VA, OMB and GAO, jointly, to study VA General Counsel's determination and resulting actions to change compensation rules to include disability and death benefits for conditions related to use of tobacco products during service, and deliver opinion as to whether illnesses resulting from post-service smoking should be considered as compensable disability. [Vote 76, 4/2/98] XXXX Voted Against Using Defense Funds for Veterans' Health. In 1997, XXXX Voted against shifting defense funds to provide Veterans' health benefits. [Vote 168, 7/10/97] CLAIMS XXXX Opposed Increasing Funding for Veterans Claims Adjudication by $5 Million. In 2001, XXXX voted to kill an amendment to increase funding for veterans claims adjudication by $5 million, with the $5 million offset by a $5 million cut in funds for HUD Community Development Fund projects in Alabama, Arkansas, California, Hawaii, Idaho, Iowa, Louisiana, Maryland, Nevada, New Jersey, New Mexico, North Carolina, Pennsylvania, Rhode Island, South Carolina, and Utah. At the time of the vote the average claim was taking the VA 215 days to adjudicate, and there was a backlog of 600,000 claims. [HR 2620, Vote 268, 8/2/01] BANKRUPTCY RELIEF XXXX Voted Against Exempting All Military from Bankruptcy Means Test. In March 2005, XXXX voted against an amendment that would have on exempted all military personnel and veterans from means testing in bankruptcy cases. “Many men and women in the military are making extraordinary sacrifices,” Sen. Dick Durbin said. “It’s unfair that they should come home to face this new harsh bankruptcy law.” The means testing was intended to determine whether people would need to repay their debts or whether they could see their debts canceled. Instead of supporting Durbin’s proposal, Republicans chose to provide special accommodations for some military members and veterans. [Vote 13, 3/1/05; AP, 3/1/05]  XXXX Voted to Give Disabled Veterans Bankruptcy Protection Only Under Certain Conditions. In 2005, XXXX voted for an amendment that would exempt disabled veterans from the means test if their debts incurred primarily when they were on active duty or performing homeland defense duties. [Vote 40, 3/10/05] BASES AND MILITARY CONSTRUCTION McConnell Supported Building New Maximum Security Prison At Guantanamo, Cuba. In April 2005, McConnell voted against an amendment that would delete $36 million from the bill's appropriation for military construction for the Army that have been earmarked to pay for the construction of a new maximum security prison at Guantanamo, Cuba. [HR 1268, Vote 93, 4/13/05] McConnell Did Not Vote On $10 Billion in Military Constructions. In September 2004, XXXX voted for a bill that would appropriate $10 billion for military construction, family housing and base realignment and closure projects in fiscal 2005. It would provide $4.2 billion for family housing, $5.3 billion for military construction 313

projects and $246 million for base realignment and closure programs. XXXX was one of only 10 senators to support the legislation. [HR 4837, Vote 185, 9/20/04] McConnell Voted Against Limiting Base Closures to Overseas Facilities. In May 2004, McConnell voted against an amendment that would require the 2005 base realignment and closure round to apply only to U.S. military installations located overseas, delaying new U.S. domestic base closings until 2007. It also would require the Defense secretary to submit a detailed plan for reducing overseas bases. [S 2400, Vote 98, 5/18/04] McConnell Voted Against Stopping A Proposed Round Of Base Closures. In 2001, McConnell opposed a proposal to stop the proposed round of closures in 2003 under the Base Realignment and Closing Commission (BRAC). Many of those in favor of stopping the Bush endorsed base closures contended the nation shouldn’t mothball bases as it gears up for an extended battle. The vote was on a motion to table the Bunning amendment to the National Defense Authorization Act for fiscal year 2001. [S 1438, Vote 286, 9/25/01; Associated Press, 9/25/01] VETERANS EMPLOYMENT XXXX Voted Against Veterans Job Training Bill. In September 2012, XXXX voted against Reid, D-Nev., motion to waive all applicable budget laws with respect to the Sessions, R-Ala., point of order against the Murray, D-Wash., substitute amendment no. 2789 that would require states to issue certain licenses for trade jobs such as plumbing or truck driving to veterans without requiring training or apprenticeships if the veterans pass examinations and have at least 10 years of experience in related military occupations. The measure was rejected by a vote of 58-40 (D 51-0; R 5-40; I 2-0). [Vote 193, 9/19/12] EQUIPMENT XXXX Voted Against Stripping Funding for New F-22s from Defense Authorization. In July 2009, XXXX voted against an amendment that would strip the fiscal 2010 defense authorization bill of $1.75 billion to buy seven more F-22s. The amendment would increase the authorization for Army operations and maintenance by $350 million, Navy operations and maintenance by $100 million, Air Force operations and maintenance by $250 million, defense-wide activities by $150 million, military personnel by $400 million and general Defense Department activities by $500 million. President Obama supported halting production of the jets. The Senate voted 58-40 to strip the funding. [Vote 235, 7/21/09] XXXX Voted Against $361 Million for Armored Humvees. In 2005, XXXX voted against increasing funding for the procurement of Army Tactical Wheeled Vehicles in Iraq and Afghanistan by $360.8 million. A Senate aide said that the money would go toward add-on armor kits for existing Humvees and new armored trucks for troop and cargo transport. [Vote 248, 10/5/05; Defense Daily, 10/5/05] XXXX Voted Against $213 Million for Armored Humvees. In 2005, XXXX voted against providing an additional $213 million for procurement of Army Humvees. [Vote 108, 4/21/05; CQ Today, 4/21/05] XXXX Voted to Reimburse Soldiers Who Paid for Own Equipment. In June 2004, XXXX voted for an amendment that would require the Defense secretary to reimburse members of the armed forces deployed in operations in Iraq or Afghanistan for the cost of any protective, safety or health equipment purchased by or on behalf of such members by their families, non-profit organizations or community groups for use in connection with the operations. [S 2400, Vote 112, 6/14/04] XXXX Opposed Funding $322 Million For Protective Gear For Troops. In October 2003, XXXX voted against a proposal to take $322 million from Iraqi prison building and witness protection funds and use it for vests and other protective gear for troops. [Vote 376, 10/2/03; CQ Today, 10/2/03] 314

XXXX Voted to Kill $1 Billion in Equipment Funding For Troops. Just weeks after the Iraq war began, XXXX voted to kill a proposal to provide $1 billion for National Guard and Reserve equipment. The funding proposal was rejected 52-47. [Vote 116, 4/2/03; AP, 4/2/03] XXXX Voted to Preserve Funding for Military Officers to Lease Aircraft. In 2000, XXXX voted against giving the Secretaries of the Army and Navy authority to negotiate leases for Commander-in-Chief (CINC) support aircraft for the Army, Navy, and Marine Corps. The vote was on a motion to table the Boxer amendment (No. 3311) to the Department of Defense Appropriations Bill for fiscal year 2001. [Vote 125, 6/13/00] DEFENSE SPENDING XXXX Voted for the Fiscal 2005 Defense Authorization Bill. In June 2004, XXXX voted for a bill that would authorize $447.2 billion for the Defense Department and the Energy Department's national security programs, including $25 billion in emergency funding for military operations in Iraq and Afghanistan. It also would increase the authorized end strength for active-duty Army personnel by 20,000 soldiers in fiscal 2005 and authorize $10.2 billion in missile defense funding. The bill includes an across-the-board military pay raise of 3.5 percent and would give members of the National Guard and Reserve access to the military's TRICARE health system even when they are on inactive status. As amended, it also would allow the Federal Communications Commission to fine broadcasters no more than $275,000 per violation or day of violation for airing indecent or profane programs, with a $3 million cap for multiple violations. [S 2400, Vote 146, 6/23/04] XXXX Voted to Pass the Fiscal 2005 Defense Appropriations Bill. In June 2004, XXXX voted for a bill that would appropriate $416.2 billion in fiscal 2005 for the Defense Department and related agencies, including $25 billion in emergency funding for operations in Iraq and Afghanistan. It would provide $104 billion for military personnel, including a 3.5 percent pay raise for military personnel. As amended, it also would appropriate an additional $95 million in emergency funding for disaster and famine assistance efforts in the Darfur region of Sudan and Chad. [HR 4613, Vote 149, 6/24/04] XXXX Voted Against $515.5 Billion in Funding for Nuclear Nonproliferation Programs. In June 2004, XXXX voted against an amendment that would shift $515.5 million in the bill from the Missile Defense Agency's ground- based midcourse interceptors to nuclear nonproliferation programs and other homeland security and anti-terrorism activities. [S 2400, Vote 133, 6/22/04] XXXX Voted for Supplementary Military Funding. In June 2004, XXXX voted for an amendment that would authorize an additional $25 billion for military operations in Iraq and Afghanistan. The total authorized funding would include $14.5 billion for the Army, $1 billion for the Navy, $2 billion for the Marine Corps and $1 billion for the Air Force. Up to $2.5 billion of the authorized funding could be transferred among specific categories outlined in the amendment, contingent on prior congressional notification. [S 2400, Vote 106, 6/2/04] XXXX Voted To Increase Defense Spending to the Recommended Levels. XXXX, on March 10, 2004, voted for the Warner amendment to the Fiscal Year 2005 Budget Resolution, which was an amendment to increase the recommended level of defense spending in the underlying resolution by $6.9 billion. This proposed $6.9 billion increase did not include an offset. [S Con Res 95, Vote 37, 3/10/04] XXXX Voted Against a Reauthorization of Foreign Operations Appropriations. In October 2003, XXXX voted against an amendment that would insert the text of the State Department authorization bill (S 925) that would authorize $27 billion for State Department operations, including $17 billion in foreign aid and $1 billion for the Millennium Challenge Account. [HR 2800, Vote 413, 10/28/03] XXXX Voted For A “Compromise $368 Billion Defense Bill;” Bill Did Not Include Money For Iraq. On September 25, 2003, XXXX voted for a “compromise $368 billion defense bill for fiscal year 2004,” which the AP described as an expression of the “bipartisan consensus on the military's role in the fight against global terrorism.” The 95-0 vote came a day after the House passed the measure by 407-15. Senate Appropriations Committee Chairman Ted Stevens, R-AK, said the “peace budget on defense,” which did not include money for Iraq, was a 315

“demonstration of our support, of Congress' support, of our men and women in uniform.” The vote was to adopt a conference report, which would appropriate $368.7 billion in fiscal 2004 for defense and national security, $3.6 billion less than the administration’s request. The total included $115.9 billion for operations and maintenance, and $74.7 billion for procurement. It provided $98.5 billion for military personnel, with an average 4.1 percent pay raise. It included $9.1 billion for a missile defense system, up $1.4 billion from this year, and $11.5 billion for shipbuilding, up $2.4 billion. [HR 2658, Vote 364, 9/25/03; Associated Press, 9/25/03] XXXX Voted For A $368.6 Billion Defense Spending Bill; Vote “Showed Democratic Reluctance to Challenge [Bush’s] Defense Priorities.” On July 17, 2003, XXXX voted for passage of a $368.6 billion defense spending bill, “after Republicans beat back a new Democratic push for an examination of how the White House handled intelligence on Iraqi weapons programs.” The bill was $3.1 billion below Bush's budget request for the fiscal year beginning October 1, 2003 and represented a Defense Department budget increase of slightly more than 1 percent (not including a $62.4 billion emergency spending bill passed earlier this year to cover the cost of war in Iraq). The AP reported, “The bill largely meets President Bush's budget request and the 95-0 vote showed Democratic reluctance to challenge his defense priorities.” The vote was on passage of the bill that would appropriate $368.6 billion in fiscal 2004 for the Department of Defense and related agencies, including $98.9 billion for military personnel, $115.6 billion for operations and maintenance, $74 billion for procurement, and $63.6 billion for research, development, testing and evaluation of weapons equipment and technology. [HR 2658, Vote 290, 7/17/03; Associated Press, 7/17/03] XXXX Voted For Calling for Funding for Ongoing Military Operations to be Included in President’s Annual Budget Request. On July 17, 2003, XXXX voted for a “nonbinding” amendment that called on the Bush administration to fund overseas commitments like Iraq through the regular budget process, instead of separate spending bills. The vote was on a Byrd, D-WV, amendment that would express the sense of the Senate that any funds for ongoing military operations, including those in Iraq and Afghanistan, should be included in the president’s annual budget request and that such funds, when allocated in appropriations bills, should be placed in specific accounts. [HR 2658, Vote 286, 7/17/03; Associated Press, 7/17/03] XXXX Voted for the 2004 Defense Authorization. In May 2003, XXXX voted for a bill that would authorize $400.5 billion in appropriations for defense, military construction and defense-related work for the Department of Energy. The bill would authorize $9.1 billion for ballistic missile defense, $75.6 billion for procurement, $63.2 billion for research and development, $130 billion for operations and maintenance, $9.5 billion for military construction and family housing and $16.7 billion for Energy Department defense programs. [S1050, Vote 194, 5/22/03] XXXX Voted to End the Defense Department’s ‘Buy American’ Requirement. In May 2003, XXXX voted for the McCain, R-AZ., amendment to the Dayton, D-MN., amendment that would allow the Defense Department to forego a requirement to purchase American-made equipment if that equipment was manufactured by Australia, the United Kingdom, Norway, Sweden, The Netherlands or Spain. The Dayton amendment would strike a provision of the bill allowing the Defense Department to forego a requirement to purchase American-made equipment if that equipment was manufactured by any nation with which the United States has a reciprocal defense procurement memorandum of understanding or agreement. [S 1050, Vote 191, 5/21/03] XXXX Voted Against Shifting $191 Billion From Tax Cuts To Homeland Security And Defense. On March 21, 2003, XXXX voted against shifting $191 billion in proposed tax cuts to a homeland security and national defense reserve fund. The vote was on an amendment sponsored by Sen. Lautenberg (D-NJ); Rejected 46-53. [S Con Res 23, Vote 68, 3/21/03] XXXX Voted to Approve Fiscal Defense Appropriations. In October 2002, XXXX voted for a bill that would provide $355.1 billion for the Defense Department for fiscal 2003, an increase of $21 billion over fiscal 2002 regular and supplemental funds. The agreement includes $71.5 billion for procurement programs and $7.4 billion for ballistic missile defense. It includes $4 billion for the Air Force's F-22 fighter jets program and would fund a 4.1 percent pay increase for military personnel. [HR 5010, Vote 239, 10/16/02] 316

XXXX Voted For $28.9 Billion in Defense and Security Spending. In July 2002, XXXX voted for a bill that would provide approximately $28.9 billion in supplemental appropriations for fiscal 2002. The agreement would include $14.5 billion for the Defense Department, $6.7 billion for homeland security programs and $5.5 billion for post-Sept. 11 recovery efforts in New York. It also would provide $2.1 billion for foreign aid, including funds to rebuild Afghanistan and fight terrorism in Israel, and U.S. embassy security. XXXX was one of only seven Senators to oppose this legislation. [HR 4775, Vote 188, 7/24/02] XXXX Voted for $393 Billion in Defense Spending. In June 2002, XXXX voted for a bill that would authorize approximately $393 billion for defense-related programs for fiscal 2003, including $8.2 billion for shipbuilding, up to $7.8 billion for ballistic missile defense and a military pay raise of 4.1 percent. It also would set aside $10 billion to fund operating costs for the war on terrorism and would allow the president to decide whether $814 million is designated for missile defense or counter-terrorism. It would allow the Pentagon to redirect funding for the Crusader howitzer to study new artillery systems. [S 2514, Vote 165, 6/27/02] XXXX Voted for No-Bid Contracts. In June 2002, XXXX voted for a motion to table an amendment that would allow private and public agencies to compete for new Defense Department contracts based on current department standards. It also would codify a contracting prohibition on work currently performed in the public sector unless the agency can show a savings of at least 10 percent. [S 2514, Vote 162, 6/25/02] XXXX Voted For Defense/Homeland Security Appropriations Bill. In June 2002, XXXX voted for passage of an appropriations bill that would provide approximately $31.6 billion in appropriations including $14 billion for the Defense Department, $5.8 billion for homeland security programs and $5.5 billion for post 9-11 recovery efforts in New York. [HR 4775, Vote 145, 6/7/02] XXXX Opposed Requiring All-Or-Nothing For Non-Defense Emergency Funds. In 2002, XXXX voted for tabling an amendment that would have struck a provision in the bill that would require the president to designate all emergency non-defense funds before making any of those funds available. The motion to table was agreed to, 58- 36. [HR 4775, Vote 143, 6/6/02] XXXX Voted for Defense Authorization Bill; Military Pay Raise. In 2001, XXXX voted for the defense authorization bill that provided $317.5 billion for the Defense Department, $19 billion more than fiscal 2001. The bill includes $881 million for a new counter-terrorism program and a 4.6 percent military pay raise. HR 3338 was adopted on a 94-2 vote. [HR 3338, Vote 380, 12/20/01] XXXX One of Only 24 Senators to Support Protecting A Pentagon Preference For Purchasing Products From Federal Prisoners. In 2001, XXXX voted for an attempt to protect a Pentagon preference for purchasing products from federal prisoners. The amendment would strike requirements that the Defense Department to conduct market research before buying any product from Federal Prison Industries (FPI). The amendment’s sponsor argued that the Department of Defense program that requires the DOD to give preference in purchasing some products to FPI was a valuable tool for rehabilitation and also defrayed some of the costs of incarceration. The vote was on a motion to table the Warner (for Gramm) amendment to the National Defense Authorization Act for fiscal year 2002. XXXX was one of only 24 Senators to support protecting a pentagon preference. [S 1438, Vote 287, 9/25/01; Associated Press, 9/25/01] XXXX Voted Not to Deny Top Tax Bracket Cuts Before New Defense Spending. In 2001, XXXX voted against waiving the Budget Act for the consideration of the McCain/Conrad/Levin motion to commit the Tax Relief Act of 2001 (H.R. 1836) to the Finance Committee with instructions. The McCain/Conrad/Levin motion to commit the bill to the Finance Committee would instruct the Committee to report the bill back forthwith with an amendment to deny any tax rate reductions for the top 2 brackets and to make it out of order to consider any legislation proposing such reductions until after the President had submitted a comprehensive defense budget amendment to Congress and the Congressional Budget Office had provided reestimates of the budget authority and outlays necessary to implement the President's defense budget amendment. The motion was rejected, 43-56. [HR 1836, Vote 127, 5/21/01] 317

XXXX Voted to Increase Discretionary Defense Spending. In 2001, XXXX voted to adjust the functional totals to increase discretionary defense spending in fiscal year 2002 by $8.5 billion. The totals in the Domenici substitute amendment would provide an increase of $14.2 billion for defense discretionary spending, as requested by the Bush Administration. The amendment was agreed to, 84-16. [H Con Res 83, Vote 72, 4/4/01] XXXX Voted Against Rolling Back Tax Cuts And Increasing Defense Spending. XXXX voted against the Landrieu amendment (No. 188) to the Domenici substitute amendment (No. 170) to the House Concurrent Budget Resolution for fiscal years 2002-2011 (H.Con. Res. 83). The Landrieu amendment would adjust the functional totals to deny $100 billion of the tax relief that the Domenici amendment would provide (the amendment, as introduced, would have returned $1.6 trillion of the $5.6 trillion in excess taxes that the Federal Government is conservatively expected to collect over the next 10 years) and to increase defense spending by the same amount (about $10 billion more would be provided for each year). The amendment was rejected, 47-52. [H Con Res 83, Vote 71, 4/4/01] XXXX Voted To Kill An Amendment To Divert Defense Spending To Education. In 2000, XXXX voted to kill an amendment that would reduce the procurement title (title III) of the Department of Defense (DoD) Appropriations Bill by $1 billion and would appropriate an additional $922 million for Title I of the Elementary and Secondary Education Act, which targets disadvantaged students. The motion to table was agreed to, 83-15. [Vote 126, 6/13/00] XXXX Voted To Restrict The Use Of Pesticides By The Defense Department. In 2000, XXXX voted for an amendment that would prohibit any funds from being used for the preventative application of pesticides containing a known or probable carcinogen or a category I or II acute nerve toxin, or a pesticide of the organophosphate, carbamate, or organochlorine class, in any area owned or managed by the Department of Defense (DoD) that might be used by children. The amendment was agreed to, 84-14. [Vote 124, 6/13/00] XXXX Voted to Require Precise Explanations of Defense Dept. Disbursements Over $500,000. In 2000, XXXX voted in favor of requiring the Defense Department to know precisely what it was paying for each time it made a disbursement of $500,000 or more. The vote was on the Grassley amendment to the Department of Defense Appropriations Bill for fiscal year 2001. [Vote 123, 6/9/00] WEAPONS AND DEFENSE SYSTEMS XXXX Supported Use of Funds for Robust Nuclear Earth Penetrator. In July 2005, XXXX voted against an amendment that would have prohibited the use of funds for any purpose related to the Robust Nuclear Earth Penetrator. [HR 2419, Vote 171, 7/1/05] XXXX Voted Against Making Sure the Missile Defense Shield Works. In June 2004, XXXX voted against an amendment that would condition $550.5 million of the Missile Defense Agency's request for ground-based midcourse interceptors on certification by the Operational Test and Evaluation office that the system is effective and suitable for combat. [S 2400, Vote 139, 6/23/04] XXXX Voted to Set Criteria for a Working Missile Defense System. In June 2004, XXXX voted for an amendment that would require that no later than Feb. 1, 2005, the Defense secretary, in consultation with the director of the Operational Test and Evaluation office, establish criteria for operationally realistic testing of field prototypes developed under the ballistic missile defense program. The Defense secretary would be responsible for ensuring no later than Oct. 1, 2005, that a test of the ballistic missile defense system is consistent with the criteria established. The underlying amendment would require the Defense Department to conduct, on an independent basis, operationally realistic testing of the prototypes developed under the ballistic missile defense program. The director of the Operational Test and Evaluation office would be responsible for approving and evaluating the tests. [S 2400, Vote 125, 6/17/04] XXXX Voted to Build a Missile Defense System, whether it Worked or Not. In June 2004, XXXX voted against an amendment that would provide that the ground-based midcourse defense element of the national ballistic missile 318

defense system cannot be deployed for initial defensive operations until the Defense secretary certifies that the capabilities of the system to perform its defense mission have been confirmed by operationally realistic testing of the system. [S 2400, Vote 124, 6/17/04] XXXX Voted Against Prohibiting the Research of Deadlier Nuclear Weapons. In June 2004, XXXX voted against an amendment that would prohibit the use of $36.6 million authorized in the underlying bill for two Energy Department programs: a study of Robust Nuclear Earth Penetrator "bunker buster" weapons and a Stockpile Services Advanced Concepts Initiative, which includes research into a "low yield" nuclear weapon. [S 2400, Vote 113, 6/15/04] XXXX Voted for Project Bioshield. In May 2004, XXXX voted for a bill that would authorize $5.6 billion over 10 years for the Health and Human Services Department (HHS) to carry out Project Bioshield, an administration initiative to develop and stockpile vaccines, medications and other countermeasures to combat a bioterrorism attack. It would transfer overall responsibility for the Strategic National Stockpile to HHS and allow the department to contract the purchase of drugs and other stockpile items. It also would give the government authority to promote additional research and development of measures to counter biological, chemical, nuclear and radiological agents, including allowing an expedited award process for grants and projects. In the event of a national emergency, the bill would allow the distribution of treatments not yet approved by the Food and Drug Administration, along with those originally approved for other uses. [S 15, Vote 99, 5/19/04] XXXX Voted Against Prohibiting $21 Million for “Robust Nuclear Earth Penetrator,” Low-Yield Nuclear Weapons. On September 16, 2003, XXXX voted to table an amendment that would prohibit funding for certain nuclear weapons systems and modify the “readiness posture of the Nevada Test Site.” The vote was on the Domenici, R-N.M., motion to table (kill) the Feinstein, D-Calif., amendment (no. 1655) to the FY 2004 Energy and Water Appropriations bill. The Feinstein amendment would “prohibit the use of $21 million for Energy Department activities related to the Robust Nuclear Earth Penetrator, the Advanced Weapons Concepts, including low-yield nuclear weapons, and for certain modifications of the readiness posture of the Nevada Test Site and for site selection of the Modern Pit Facility. It would reallocate those funds to reduction of the public debt.” [HR 2754, Vote 349, 9/16/03] XXXX Voted to Develop Earth Penetrating Nuclear Warheads. In May 2003, XXXX voted against a motion to table an amendment that would prohibit the use of funds for the study, development, testing and engineering of nuclear earth penetrator weapons. [S 1050, Vote 189, 5/21/03] XXXX Twice Voted to Research the Making of New Nuclear Warheads. In May 2003, XXXX twice voted to allow work on low-yield nuclear weapons to proceed beyond the research phase only with the explicit approval of Congress. [S 1050, Vote 187, 5/21/03; S 1050, Vote 188, 5/21/03] XXXX Voted to Allow Resumption of Research and Development of Low-Yield Nuclear Weapons. XXXX voted against an amendment that that would strike from the FY04 Defense Appropriations bill a provision allowing the resumption of research and development on low-yield nuclear weapons. [S 1050, Vote 186, 5/20/03] XXXX Voted Against $30 Million for Researching Anti-Missile Aircraft Technology. XXXX , on April 3, 2003, voted against the Boxer amendment to S.762, which was an amendment to appropriate $30 million for research, development, and the deployment of technology to protect commercial aircraft from terrorist attacks using shoulder-mounted surface-to-air missiles. [S 762, Vote 117, 4/3/03] XXXX Voted for $475.6 Million to Research the Crusader Howitzer. In June 2002, XXXX voted for an amendment that would set aside $475.6 million designated for the Crusader howitzer and allocate the funding to the Army's Future Combat System. The Army would be required to complete a review within 30 days of the bill's enactment of artillery programs that could improve the Army over the next 20 years. It would provide that the funds could be spent after the Defense Secretary submits his recommendations and the required report to the congressional defense committees. [S 2514, Vote 158, 6/14/02] 319

XXXX Voted Against Shifting $593 Million From Osprey V-22 Aircraft To Efforts To Control AIDS Overseas. In 2001, XXXX voted to table an effort to shift $593 million from the troubled Osprey V-22 tilt-rotor aircraft to efforts to control AIDS, tuberculosis and malaria overseas. The vote was on a motion to table the Reid (for Feingold) amendment to the Supplemental Appropriations Act for fiscal year 2001. [S 1077, Vote 225, 7/10/01; Associated Press, 7/11/01] XXXX Voted For $310 Billion Defense Spending Bill; Increased National Missile Defense. In 2000, XXXX voted to waive the Budget Act and vote for the bill to authorize $310.6 billion in Defense Department spending in FY 2001, an increase of $5.297 billion more than was requested by the Clinton Administration and representing a 4.7 percent real increase in defense spending. Senators who made the budgetary challenge said the bill would create new health care entitlements for military retirees and their dependents at an estimated cost of $60 billion over the next 10 years. The bill included $1.875 billion for the National Missile Defense Program and a 3.7 percent pay raise for military personnel. [Vote 274, 10/12/00; Congressional Quarterly Weekly, 10/13/00] XXXX Voted Against Terminating Funding For The Trident II Ballistic Missile. In 2000, XXXX voted against an amendment that would terminate funding for production of the D-5 (Trident II) submarine-launched ballistic missile. [Vote 177, 7/13/00] XXXX Voted For $4.4 Billion For Missile Defense In The FY 2001 Department Of Defense Appropriations Bill. In 2000, XXXX voted for final passage of the Department of Defense Appropriations Bill for fiscal year 2001 (H.R. 4576). The bill would provide $287.63 billion in new budget authority for the military functions of the Department of Defense, which was $3.11 billion more than requested, and $19.878 billion more than enacted in the previous year's defense appropriations bill. The bill also included $4.434 billion for the Ballistic Missile Defense Organization ($411.2 million more than was requested; $1.879 billion would be provided for the National Missile Defense Program, which is $139 million more than requested). The bill passed, 95-3. [Vote 127, 6/13/00] XXXX Voted to Create a National Missile Defense Shield. In 1998, XXXX voted to invoke cloture a bill that would make it U.S. policy to implement a national missile defense shield. The measure would not establish a specific time frame, but would declare a national policy to deploy a system to protect U.S. territory from a limited number of incoming missiles "as soon as is technologically possible." [Vote 262, 9/9/98] XXXX Voted Against Funding Comprehensive Nuclear Test Ban Treaty Preparatory Commission. In 1998, XXXX Voted against funding the U.S. portion of the Comprehensive Nuclear Test Ban Treaty Preparatory Commission. [Vote 254, 9/1/98] XXXX Voted to Create U.S. Policy to Implement a National Missile Defense Shield. In 1998, XXXX voted for the motion to invoke cloture on the motion to proceed to the bill that would make it U.S. policy to implement a national missile defense shield. The measure would not establish a specific time frame, but would declare a national policy to deploy a system to protect U.S. territory from a limited number of incoming missiles "as soon as is technologically possible." [Vote 131, 5/13/98] XXXX Voted Against Limiting Space-Based Laser Program. In 1997, XXXX voted against limiting and reducing the funds for a space-based laser program. [Vote 171, 7/11/97] MILITARY PRISONERS XXXX Voted Against Providing Congress with Defense Reports on Prisoners Held by the United States. In June 2004, XXXX voted against an amendment that would require the Defense Department to provide Congress with a number of reports pertaining to detainees at U.S. military prisons worldwide, including a report on all prisoner interrogation techniques approved by U.S. officials. It also would require the department to submit all International Committee of the Red Cross reports regarding treatment of prisoners in U.S. custody in Iraq, Afghanistan and Guantanamo Bay, Cuba. [S 2400, Vote 144, 6/23/04] 320

XXXX Voted Against an Accurate Report on Detainees Held by the United States. In June 2004, XXXX voted to kill an amendment that would require the Defense Department to provide Congress with a number of reports pertaining to detainees at U.S. military prisons worldwide, including a report on all prisoner interrogation techniques approved by U.S. officials. It also would require the department to submit all International Committee of the Red Cross reports regarding treatment of prisoners in U.S. custody in Iraq, Afghanistan and Guantanamo Bay, Cuba. [S 2400, Vote 143, 6/23/04] XXXX Voted to Hire Private Contractors to Conduct Interrogations. In June 2004, XXXX voted to kill an amendment that would prohibit the use of private contractors to conduct prisoner interrogations at U.S. military facilities. [S 2400, Vote 118, 6/16/04] XXXX Voted to Condemn the Abuse at Abu Ghraib. In May 2004, XXXX voted to a adopt a resolution that would condemn the abuse of Iraqi prisoners at Abu Ghraib prison and join with the president in expressing apology for the humiliations suffered by the prisoners in Iraq and their families. It would call for an investigation by members of the Senate and the president into the alleged abuses and urge that all individuals responsible for such acts be held accountable. It also would express support for Americans who are serving nobly abroad to improve the lives of Iraqis. [S Res 356, Vote 86, 5/10/04] XXXX Voted Against Requiring Report of Names and Nationalities of All Individuals Detained as Military Combatants. On July 16, 2003, XXXX voted for a Stevens, R-Alaska, motion to table (kill) the Bingaman, D- N.M., amendment to FY 2004 Defense Appropriations bill. The Bingaman amendment would require the Defense Department to submit a report within 90 days on individuals detained as military combatants. The report would have to include the names and nationalities of all detainees and information on how the government plans to handle each detainee’s case. [HR 2658, Vote 279, 7/16/03] MEDALS AND RECOGNITION XXXX Voted to Create Military Medals for Iraq and Afghanistan. In May 2004, XXXX voted for a bill that would provide for the establishment of separate campaign medals to be awarded to members of the military who participate in operations in Iraq or Afghanistan. [HR 3104, Vote 96, 5/18/04] XXXX Voted to Begin Awarding Global War on Terrorism Medal to Troops Serving in Operation Iraqi Freedom. On October 16, 2003, XXXX voted for an amendment that called for the Secretary of Defense to begin awarding the Global War on Terrorism Medal to members of the armed forces serving in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The vote was on a McConnell, R-Ky., amendment (no. 1874) to the FY 2004 Supplemental for Iraq and Afghanistan. The McConnell amendment would express the sense of the Senate that the Defense Secretary should, on an expedited basis, issue necessary regulations to implement and begin awarding the Global War on Terrorism Medal to members of the armed forces serving in those three operations. [S 1689, Vote 387, 10/16/03] XXXX Rejected Iraqi Liberation Medal for Troops on the Front Lines. In October 2003, XXXXX voted against creating an Iraqi Liberation Medal. The amendment, which the Defense Department opposed, was rejected 48-47. [Vote 378, 10/14/03; Santa Fe New Mexican, 10/15/03] XXXX Voted to Thank U.S. Troops in Iraq and Afghanistan and Express Condolences to Families of Troops Killed or Injured. On October 2, 2003, XXXX voted to thank U.S. troops serving in Iraq and Afghanistan, and to extend condolences to the families of those who had been killed or injured. The vote was on a McConnell, R-KY, amendment (no. 1795) to the FY 2004 Supplemental for Iraq and Afghanistan. The McConnell amendment would express the sense of the Senate thanking U.S. troops serving in Iraq and Afghanistan and extending condolences to the families of those who have been killed or injured. [S 1689, Vote 372, 10/2/03] PROFITEERING 321

XXXX Voted Against Criminalizing War Profiteering. In 2004, XXXX voted against stricter control on contractors assigned to military facilities and against a new law banning war profiteering. [S 2400, Vote 120, 6/16/04] XXXX Voted to Punish War Time Profiteers. In June 2004, XXXX voted for an amendment that would extend federal jurisdiction to include fraudulent offenses committed overseas by contractors who make false claims or statements in connection with military or rebuilding activities. [S 2400, Vote 119, 6/16/04] MISCELLANEOUS XXXX Voted To Prohibit Defense Department From Building Biofuel Refinery. In November 2012, XXXX voted against Hagan, D-N.C., amendment no. 3095 that would strike a section of the bill that would prohibit the Defense Department from entering into a contract to plan, refurbish or construct a biofuel refinery or similar facility unless authorized by law. The amendment was adopted by a vote of 54-41 (D 48-1; R 4-40; I 2-0). [Vote 209, 11/29/12] XXXX Voted to Deny Media Coverage of the Return of Military Coffins to the United States. In June 2004, XXXX voted for an amendment that would express the sense of Congress that the Defense Department policy prohibiting media coverage of the return to the United States the remains of armed forces members who died overseas appropriately protects the privacy of their families and friends and is consistent with the Constitution's guarantees of freedom of speech and press. [S 2400, Vote 131, 6/21/04]  XXXX Voted Again to Deny Media Coverage of the Return of Military Coffins to the United States. In June 2004, XXXX voted against an amendment that would require that no later than 60 days after enactment of the underlying bill, the Defense secretary develop a protocol that permits media coverage of the return to the United States of coffins containing the remains of members of the armed forces who died overseas. The protocol would be required to ensure the preservation of the dignity of the occasion of the return and the confidentiality of the members' identity. [S 2400, Vote 132, 6/21/04] XXXX Voted Against Prohibiting Use of Funds for Military Offensives Unless Approved By Congress. In 1998, XXXX voted to kill an amendment that requires that no funds be used to "initiate or conduct" U.S. military operations except in accordance with Article I, Section 8 of the Constitution, which vests in Congress the power to declare war and take other related actions. [Vote 251, 7/30/98] XXXX Voted Against Prohibiting the Defense Department from making changes to Gender Separation. In 1998, XXXX voted against prohibiting the Defense Department from changing its policy or official practice regarding separation or integration of members of Armed Forces on basis of gender that is within responsibility of Commission on Military Training and Gender-Related Issues. [Vote 172, 6/24/98] 322

WELFARE: CHILDREN XXXX Voted To Examine Effects Of Welfare Reform On Child Poverty. In 2000, XXXX voted for an amendment that would require the Secretary of the Department of Health and Human Services (HHS) to report to Congress by June 1, 2001 on the extent and severity of child poverty in the United States. The report would also include an assessment of whether the rate and severity of child poverty has increased since the enactment of the welfare reform bill in 1996. The amendment was agreed to, 89-9. [Vote 20, 3/1/00] XXXX Voted Against Protecting Needs of Children in Bankruptcy Cases. In 1999, XXXX voted against protecting the needs of children in bankruptcy cases. [Vote 365, 11/10/99] XXXX Voted Against Increased Benefits for Children with Special Needs. In 1997, XXXX voted for a motion to table an amendment that would include additional benefits for children with special needs in the Social Security Act. [Vote 128, 6/25/97] XXXX Cast Crucial Vote Against Restoring Food Stamps to Children of Illegal Immigrants. In 1997, XXXX cast a crucial vote against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Durbin amendment to S.947, which was an amendment to restore food stamps the 1996 welfare law cut for children of legal immigrants. [Vote 116, 6/25/97] 323

WOMEN HIGHLIGHTS  THE XXXX RECORD VIOLENCE AGAINST WOMEN ACT XXXX Voted Against Reauthorizing The Violence Against Women Act. In February 2013, XXXX voted against passage of the bill that would reauthorize the Violence Against Women Act for five years. The law, which expired in 2011, provides protections and assistance programs to victims of domestic violence, sexual assault and stalking. The bill would authorize funds for law enforcement training programs, prosecution and victim services. It would give American Indian tribal courts additional authority over non-tribal domestic violence offenders. It would make it illegal for victim services organizations that receive grant funding through the law to discriminate on the basis of gender identity or sexual orientation. As amended, the bill also would extend through 2017 a law that provides protections and assistance programs to trafficking victims. It would allow underage sex-trafficking victims to receive assistance under grants provided to help children exposed to violence. The bill passed by a vote of 78-22 (D 53-0; R 23-22; I 2-0). [Vote 19, 2/12/13]  VAWA “Has Shielded Millions of Women From Abuse and Helped Reduce National Rates of Domestic Violence.” As reported by USA Today, “The 78-22 Senate vote to reauthorize the two-decade-old act that has shielded millions of women from abuse and helped reduce national rates of domestic violence turns the focus to the House, where Republican leaders are working to come up with their own version… The act provides grants to state and local authorities for legal assistance, transitional housing, law enforcement training, stalker databases and domestic violence hotlines. The Senate bill extends the act for five years and provides $659 million for VAWA programs, down 17 percent from the last reauthorization in 2005.” [USA Today, 2/12/13]  Politifact: Domestic Abuse Against Women Dropped 50 Percent Since Congress First Passed Violence Against Women Act. According to Politifact, “That’s a lot of scholarship and paper, sponsored, collected and analyzed by federal and independent researchers. And while the results don’t perfectly align, all agree that the incidence of domestic abuse has dropped by more than 50 percent since the Violence Against Women Act was passed in 1994.” [Politifact, 2/7/13] XXXX Missed the Vote To Strip Native American Tribes From Jurisdiction Over Non-Tribal Members That Commit Assaults Against Native Americans. In February 2013, XXXX missed the vote for the Coburn, R-Okla., amendment no. 13, that would strike language to give American Indian tribal courts additional authority to prosecute non-tribal members who commit domestic violence offenses, including restraining order violations, on tribal lands. The amendment was rejected by a vote of 31-59 (D 0-53; R 31-4; I 0-2). [Vote 14, 2/11/13] April 2012: XXXX Voted Against Reauthorizing Violence Against Women Act. In April 2012, XXXX voted against passage of the bill that would reauthorize the Violence Against Women Act for five years. It would provide for a special category of temporary visas for immigrant women who have been victims of domestic violence. It also would ban organizations that receive federal grants from discriminating on the basis of sexual orientation or gender identity. The bill would provide new authorities to tribal courts for enforcing restraining orders. It would add the terms "gender identity" and "sexual orientation" to existing provisions that condition grant money for victim services organizations on their compliance with non-discrimination practices. The measure was passed by a vote of 68-31 (D 51-0; R 15-31; I 2-0). [Vote 87, 4/26/12]  XXXX Voted For Watered Down Republican Substitute Of VAWA Reauthorization. In April 2012, XXXX voted in favor of Hutchison, R-Texas, substitute amendment no. 2095 that would reauthorize the 324

Violence Against Women Act for five years. It would use gender-neutral terms in references to gender-bias crimes in the underlying law. It also would establish new mandatory minimum sentences of up to 15 years for certain domestic violence crimes. It would grant the U.S. Marshals Service the authority to issue administrative subpoenas to locate unregistered sex offenders. It would strike from the bill provisions to grant tribal law enforcement certain new powers to enforce restraining orders. The measure was rejected by a vote of 37-62 (D 0-51; R 37-9; I 0-2). According to ThinkProgress, “Although the full details of Grassley and Hutchinson’s watered down protections for domestic violence victims have yet to be released, it is likely that they will map Grassley’s previously stated opposition to providing greater support for LGBT, undocumented, and tribal victims of domestic violence. The Hutchison/Grassley amendment will likely leave out some victims who face particularly harsh discrimination. If Senate Republicans embrace Grassley’s earlier objections to reauthorizing VAWA, they will show that they are willing to tolerate a certain amount of domestic violence by ignoring certain victims.” [Vote 86, 4/26/12; ThinkProgress, 4/26/12] XXXX Voted For Weak Republican Version Of VAWA, Which Nearly Every Republican Female Senator Voted Against. In February 2013, XXXX voted in favor of a Grassley, R-Iowa, substitute amendment that would reauthorize the Violence Against Women Act for five years. It would authorize up to $25 million for federal judges and prosecutors in tribal areas to prosecute domestic violence cases and be available for civil protection orders. The substitute would set new requirements for U visas given to crime victims willing to help law enforcement agencies in the investigation or prosecution of the crime. It also would allow immigration officials to interview the accused abuser in determining whether to grant legal status to immigrant victims. It would allow repeat drunk drivers to be deported and establish mandatory minimum sentences for certain crimes, including forcible rape, aggravated sexual assault and possession of child pornography. The substitute was rejected by a vote of 34-65 (D 0-53; R 34-10; I 0- 2). [Vote 13, 2/7/13] DOMESTIC VIOLENCE XXXX Voted To Eliminate Government Programs Addressing Domestic Violence. In February 2013, XXXX voted in favor of Coburn, R-Okla., amendment no. 15, that would direct the Justice Department to eliminate or consolidate its programs and use as much as 75 percent of the resulting savings to reduce a backlog in DNA evidence testing from cases involving rape, sexual assault and other crimes. It would redirect any leftover savings for debt reduction. According to the The Hill, “The Senate rejected an amendment to the reauthorization of the Violence Against Women Act (VAWA) that would have required the consolidation of programs addressing domestic violence. Sen. Tom Coburn’s (R-Okla.) amendment would have consolidated ‘duplicative’ programs within the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). It failed on a 46-53 vote.” [Vote 17, 2/12/13; The Hill, 2/12/13] PAY EQUITY XXXX Voted To Block Paycheck Fairness Act. In June 2012, XXXX voted against a motion to invoke cloture (thus limiting debate) on the Reid, D-Nev., motion to proceed to the bill that would require that employers show that any pay disparity is job-related and not based on gender. The motion was rejected by a vote of 52-47 (D 50-1; R 0-46; I 2-0). [Vote 115, 6/5/12]  Boston Globe Headline: “Senate Republicans Block Paycheck Fairness Act, As Battle Over Women’s Issues Shifts To Ballot Box.” “Senate Democrats lost a key vote Tuesday to expand rights of working women to challenge employers on pay discrimination, but the issue will likely linger until at least the November elections as women’s issues take a prominent role in hotly contested races across the country.” [Boston Globe, 6/5/12]  NPR Headline: “Senate Republicans Block Paycheck Fairness Act.” [NPR, 6/5/12]  XXXX Voted For GOP Alternative To Raid Health Care Reform Funding To Extend Low Student Loan Interest Rates. In May 2012, XXXX voted in favor of Alexander, R-Tenn., substitute amendment no. 2154 that would extend, for one year, a 3.4 percent interest rate on certain federally subsidized, undergraduate 325

student loans. It would be offset by repealing the Prevention and Public Health Fund established by the 2010 health care overhaul law and rescinding unobligated amounts in the fund. The amendment was rejected by a vote of 34-62 (D 0-50; R 34-10; I 0-2). [Vote 112, 5/24/12] XXXX Voted Against Paycheck Fairness Act. In 2010, XXXXvoted against a motion to invoke cloture on a motion to proceed to a bill that would seek to provide comparable wages for women by requiring that employers show that any pay disparity is job-related and not based on gender. This bill passed in the House almost two years ago. The motion was rejected 58-41. [USA Today, 11/17/10; S 3772, Vote 249, 11/17/10]  Headline: Senate GOP Blocks Equal Pay Bill. [Associated Press, 6/5/12]  Robert and Senate Republicans Blocked Pay Equity Bill. In June 2012, the Associated Press reported that “Senate Republicans on Tuesday blocked a Democratic bill calling for equal pay in the workplace… As expected, the pay equity bill failed along party lines, 52-47, short of the required 60-vote threshold…Asked if he was concerned about alienating women with the GOP filibuster, the Kentucky Republican said the bill opened the door to more lawsuits against employers. ‘We don't think America suffers from a lack of litigation,’ McConnell said. ‘We have a jobless problem. We have a debt problem. We have a deficit problem. We got a lot of problems. Not enough lawsuits is not one of them.’” [Associated Press, 6/5/12] Twice XXXX Opposed Lily Ledbetter Fair Pay Act, Voted Against Allowing Victims of Wage Discrimination to Seek Remedies in Court. In January 2009, XXXX voted against a bill to make it easier for victims of wage discrimination to seek remedies in court. The bill was inspired by the 2007 Supreme Court case of Lilly Ledbetter, an Alabama employee of a Goodyear Tire Plant who discovered after nearly 20 years that she had been paid less than her male counterparts. The court ruled, 5-4, that Ledbetter couldn’t sue because she had filed her case more than 180 days after she was first hired at an unfair wage. The bill would amend that statute of limitations to apply to each discriminatory paycheck or action. But Senate Democrats, led by bill sponsor and floor manager Barbara A. Mikulski, D-Md., said the bill was simply a return to the pre-Ledbetter interpretation of the law. The bill passed 61- 36. In April 2008, XXXX voted to block consideration of a bill to reverse a Supreme Court decision in a wage discrimination case. The bill was intended to undo last year’s Supreme Court decision in Ledbetter v. Goodyear Rubber & Tire Co. The court ruled, 5-4 that workers filing suit for pay discrimination must do so within 180 days of the actual decision to discriminate against them. The motion to invoke cloture failed 56-42. [CQ Today, 1/22/09; Vote 14, 1/22/09; CQ Today, 4/23/08; Vote 110, 4/23/08]  XXXX and Senate Republicans Planned To Block Fair Pay For Women Legislation. In April 2008, New York Times reported: “Senate Republicans said on Tuesday that they were confident they would be able to block legislation intended to reverse a Supreme Court ruling last year that established tight time restrictions on lawsuits over pay discrimination. Even if the bill stalls, the fight over the Lilly Ledbetter Fair Pay Act -- named for the Alabama woman who lost her case at the Supreme Court -- is likely to resurface in both the presidential and Congressional campaigns. Democrats and others argue that the legislation is needed to ensure pay equity, an important issue with women. But Senator Mitch McConnell of Kentucky and other Republicans said the bill, which is opposed by the business community and the Bush administration, could create a flood of lawsuits.” [New York Times, 4/23/08] 326