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Voting Record for Kirk of Illinois-IL
Voting Record on Legislation that Involves Labor
House of Representatives
Mark Kirk
U.S. Senate: Senator
Republican     Next Election Year: 2016

Education:
JD, Georgetown University, 1992 MS, London School of Economics, 1982 BA, Cornell University, 1981

Profession:
Commander, United States Naval Reserve, 1989-present Counsel, International Relations Committee, United States House of Representatives, 1995-1999 Attorney, Baker and MacKenzie, 1993-1995 Special Assistant to the Assistant Secretary for Inter-American Affairs, United States Department of State, 1992-1993 Officer, World Bank, International Finance Corporation, 1990 Administrative Assistant, United States House of Representatives, Representative John Porter, 1984-1990 Parliamentary Assistant, British House of Commons, Office of Julian Critchley, Member of Parliament, 1982-1983 Teacher, The Milestone School, 1982-1983


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Welfare and Poverty


  Voting Record on Legislation Involving Labor



(2010) HR 1722 Telework Policies and Regulations for Federal Agencies

Outcome: Concurrence Vote Passed (254/152)

Summary:
Kirk's Vote

-

(2010) HR 6419 Extension of Certain Unemployment Benefits

Outcome: Bill Failed (258/154)

Summary:
Kirk's Vote

-

(2010) HR 5851 "Whistleblower Protection" for Offshore Oil Workers

Outcome: Bill Passed (315/93)

Summary: -Defines "employee" as an individual performing services, or applying to perform services, on behalf of an employer that is engaged in activities on or in waters above the Outer Continental Shelf related to 1 of the following (Sec. 3):
    -Exploration, development, production, processing, or transportation of oil or gas; or -Oil spill cleanup, emergency response, environmental surveillance, protection, restoration, or other oil spill activities related to occupational safety and health.
-Prohibits employers from terminating or discriminating against an employee because the employee did any of the following (Sec. 2):
    -Providing, causing to provide, or being about to provide to the employer or a federal or state government official information on any act or omission that the employee "reasonably believes" to be a violation of any provisions of the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.); -Exercising any rights provided to employees under the Outer Continental Shelf Lands Act; -Testifying, assisting, or participating in a proceeding, including a Congressional hearings, concerning an alleged violation of the Outer Continental Shelf Lands Act; -Reporting an illness, injury, or "unsafe condition" related to the employer's activities to the employer or a state or federal government official; -Refusing to perform duties, or exercising stop work authority, if the employee had a "good faith belief" that performing such duties could result injury, impairment of health, or cause an oil spill, meaning a "reasonable" individual under the same circumstance would conclude there is such a hazard ; or -Objecting to, or refusing to participate in any activity, policy, practice, or assigned task that the employee "reasonably" believes to be in violation of the Outer Continental Shelf Lands Act.
-Authorizes employees to file complaint with the Secretary of Labor alleging a termination or discrimination in violation of the aforementioned prohibitions within 180 days of the alleged violation or the date on which he or she "should reasonably have known" about the violation, and requires the Secretary to initiate an investigation within 90 days of receiving a complaint to determine if there is "reasonable cause" that a violation has occurred (Sec. 2). -Requires the Secretary of Labor or, if a hearing is requested, an administrative judge to order employers to do the following if it is determined that a violation occurred (Sec. 2):
    -Take affirmative action to abate the violation; -Reinstate the employee to his or her former position together with compensation (including back pay and prejudgment interest), and restore the terms, conditions, and privileges associated with his or her employment; and -Provide compensatory and consequential damages, and exemplary damages if the judge determines it's appropriate.
-Authorizes employers to request a hearing before an administrative law judge of the Department of Labor if the Secretary of Labor concludes that there is "reasonable cause" that a violation has occurred within 30 days of such determination, and requires the judge to issue findings within 90 days of the receipt of a request for a hearing (Sec. 2). -Authorizes employers to appeal a determination made by the Secretary of Labor or an administrative judge of the Department of Labor that a violation had occurred, and authorizes the Secretary to designate such an appeal to a review board (Sec. 2). -Authorizes the Secretary of Labor to require an employee pay the employer's attorney fees if the Secretary determines the complaint to be "frivolous" or to have been brought in "bad faith," provided that such payment does not exceed $1,000 (Sec. 2).
Kirk's Vote

Y

(2010) HR 4213 Unemployment Benefits Extension

Outcome: Concurrence Vote Passed (272/152)

Summary: -Requires states to determine whether an individual is eligible for emergency unemployment compensation or regular compensation if the individual meets the following criteria (Sec. 3):
    -Has been eligible for emergency unemployment compensation; -The benefit year for which the individual was eligible for emergency unemployment compensation has expired; -Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and -Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the aforementioned previous benefit year.
-Prohibits states from reducing the average weekly benefit amount of regular compensation payable during the period of the agreement occurring on or after June 2, 1010 to an amount that is less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period, as in effect on June 2, 2010, in order to ensure eligibility for emergency unemployment compensation (Sec. 4). -Establishes emergency designations for sections 2 and 3 of this Act, related to extending unemployment benefits, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (Sec. 5).
Kirk's Vote

N

(2010) HR 5618 Unemployment Benefits Extension

Outcome: Bill Passed (270/153)

Summary: -Requires states to determine whether an individual is eligible for emergency unemployment compensation or regular compensation if the individual meets the following criteria (Sec. 3):
    -Has been eligible for emergency unemployment compensation; -The benefit year for which the individual was eligible for emergency unemployment compensation has expired; -Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and -Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the previous benefit year.
-Prohibits states from reducing the average weekly benefit amount of regular compensation payable during the period of the agreement occurring on or after June 2, 1010 to an amount that is less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period, as in effect on June 2, 2010, in order to ensure eligibility for emergency unemployment compensation (Sec. 4). -Requires states to establish "reasonable procedures" that ensure each of the following (Sec. 5):
    -Benefits are not provided to any individual on a current list of known or suspected terrorists; -Benefits are not provided to any individual convicted of a sex offense against a minor (42 USC 16911); and -Benefits are not provided to undocumented immigrants.
-Establishes emergency designations for sections 2 and 3 of this Act, related to extending unemployment benefits, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (Sec. 6).
Kirk's Vote

N

(2010) HR 4213 Unemployment Benefits Extension and Tax Law Amendments

Outcome: Concurrence Vote Passed (215/204)

Summary: -Extends various unemployment compensation provisions authorized by existing law through November 30, 2010 (Sec. 501). -Extends a provision of law that allows for the deduction of state and local sales taxes in lieu of income taxes so that it shall expire on January 1, 2011 rather than January 1, 2010 (Sec. 223). -Extends a provision of law that allows for tax-free distributions from individual retirement plans for qualified charitable purposes so that it shall expire on January 1, 2011, rather than after January 1, 2010 (Sec. 226). -Extends the standard deduction for state and local real property taxes so that it applies for any taxable year beginning in 2010 (rather than expiring after the taxable year that begins in 2009) (Sec. 222). -Extends the "above-the-line" deduction for qualified tuition and related expenses so that it expires on January 1, 2011 rather than January 1, 2010 (Sec. 225). -Extends the tax credit for "increasing research activities" so that it expires on January 1, 2011 rather than January 1, 2010 (Sec. 241). -Includes various revenue offset tax provisions, including, but not limited to, the following (Secs. 401, 402, and 412):
    -A requirement that, in the case of a foreign tax credit splitting event, the relevant tax and credits (U.S. Code Title 26, Subpart A) shall be suspended until related income is taken into account; -A requirement that, in the case of a covered asset acquisition, the disqualified portion of foreign income tax attributable to income from relevant foreign assets shall not be taken into account under U.S. Code Title 26, Sections 901(a), 902, or 960; and -A requirement that, in the case of an investment partnership interest, any net income or loss with respect to such interest shall be treated as ordinary income or an ordinary loss.
-Establishes the Trust Land Consolidation Fund in the Treasury of the United States, to be made available to the Secretary to conduct the Land Consolidation Program and for other costs specified in the Indian Money Account Litigation Settlement, and directs the Secretary of the Treasury, upon final approval (as defined in the Settlement), to deposit $2 billion in the Fund (Sec. 607). -Appropriates to the Secretary of Agriculture $1.15 billion to carry out the terms of the Settlement Agreement regarding the Black Farmers Discrimination Litigation, if the Settlement Agreement is approved by a court order that becomes final and non-appealable (Sec. 608). -Appropriates $1 billion for grants to States for youth activities, including summer employment for youth (Sec. 605). -This concurrence with amendment vote applies to the entire bill text as passed the previous chamber except for Section 523, which was voted on in a subsequent vote.
Kirk's Vote

N

(2010) HR 1722 Telework Policies and Regulations for Federal Agencies

Outcome: Bill Failed (268/147)

Summary: -Requires the head of each executive agency, within 1 year of the date of enactment, to establish a policy that authorizes employees to telework "to the maximum extent possible without diminishing agency operations and performance" (Sec. 2). -Exempts agencies from the aforementioned requirement in the case of employees whose duties and responsibilities require daily direct handling of classified information or require on-site activity which cannot be carried out from a site removed from the employee's regular place of employment (Sec. 2). -Authorizes agencies to temporarily revoke permission for an employee to telework if the employee is needed to respond to an emergency, as determined by the head of the agency (Sec. 2). -Prohibits agencies from making distinctions between telework and non-telework employees with respect to any of the following (Sec. 2):
    Job performance appraisals; -Training, rewarding, reassigning, promoting, reducing in grade, retaining, or removing employees; -Work requirements; and -Other acts involving managerial discretion.
-Requires agencies to establish the position of Telework Managing Officer, and establishes the duties and responsibilities of the Officer, including, but not limited to, the following (Sec. 2):
    -Providing advice on teleworking to the head of the agency and the Chief Human Capital Officer; -Serving as a resource on teleworking for supervisors, managers, and employees; -Serving as primary point of contact on telework matters for agency employees, Congress, and other agencies; -Working with senior management to develop and implement a plan to incorporate telework into regular business strategies; -Establishing a system for receiving feedback from agency employees on the the telework policy; and -Ensuring that employees are notified of grievance procedures avaliable to them with respect to disputes related to telework.
-Requires the Director of the Office of Personnel Management to do the following (Sec. 2):
    -In consultation with the Administrator of General Services, establish regulations necessary to establish the government-wide telework policy within 180 days after the date of enactment; -In consultation with the Administrator of General Services, maintain a central, publicly avaliable telework website; and -Provide advice, assistance, and any necessary training to agencies to fulfill the telework requirements.
-Requires the Director of the Office of Personnel Management to submit to the Comptroller General and appropriate committees of Congress annual reports evaluating the extent to which each agency is in compliance with the provisions of this Act and an evaluation of other factors, including, but not limited to, the following (Sec. 2):
    -Degree of participation by employees of the agency in teleworking; -Whether the total number of employees who telework is at least 10 percent higher or lower than the previous reporting period and the reason for such change; -Agency's goal for increasing the number of employees who telework and the extent to which the agency has met this goal; -The best practices in agency telework programs; and -The extent to which specific agencies (31 USC 901(b)) are incorporating telework in its continuity of operations plans and in response to emergencies.
Kirk's Vote

Y

(2010) HR 4851 Unemployment Benefits Extension

Outcome: Concurrence Vote Passed (289/112)

Summary: -Extends unemployment insurance provisions in the following Acts by approximately 2 months (Sec. 2):
    -The "Supplemental Appropriations Act, 2008;" -The "Assistance for Unemployed Workers and Struggling Families Act;" and -The "Unemployment Compensation Extension Act of 2008."
-Extends the expiration date of the eligibility period for COBRA benefits from March 31, 2010 to May 31, 2010 (Sec. 3). -Increases the Medicare physician payment update by extending the date through which the update to the single conversion factor shall be 0 percent from March 31, 2010 to May 31, 2010 (Sec. 4). -Prohibits the Secretary of Health and Human Services from publishing updated poverty guidelines for 2010 before May 31, 2010, and specifies that the 2009 guidelines shall be in effect until updated guidelines are published (Sec. 6). -Appropriates $80 million to the Business Loans Program Account of the Small Business Administration for fee reductions and eliminations and loan guarantees (Sec. 10). -Designates this Act (with the exception of Section 4) an emergency with regard to the Statutory Pay-As-You-Go Act of 2010 (Sec. 12).
Kirk's Vote

Y

(2010) HR 2847 Employment, Infrastructure, and Transportation Appropriations and Tax Credits ("Senate Jobs Bill")

Outcome: Concurrence Vote Passed (217/201)

Summary: -Specifies that most employers will not be required to pay an excise tax for the second, third, and fourth calendar quarters of 2010 on wages for employees who began employment between February 3, 2010 and December 31, 2010, with the following conditions (Sec. 101):
    -The employer must provide a signed affidavit that employees have not worked more than 40 hours a week in the 60 days prior to employment; -The employee was not hired to replace a worker that was fired; and -The employee is not a corporation, nor owns either directly or indirectly more than 50 percent of the company's capital.
-Specifies that, on payroll taxes paid during the first quarter, amounts that could have otherwise been credited shall be treated as payments against first quarter payroll taxes (Sec. 101). -Specifies that Railroad Retirement taxes shall apply to any employee who began employment between February 3, 2010 and December 31, 2010 at a rate of 1.45 percent of wages paid by the employer (Sec. 101). -Increases the current year business tax credit for employers that have retained workers for at least 52 consecutive weeks by the lesser of the following (Sec. 102):
    -$1,000; or -6.2 times the amount of wages paid by the employer to workers.
-Specifies that issuers of qualified zone academy bonds and qualified school construction zone bonds may elect to apply for a tax credit, and a credit shall be the lesser of (Sec. 301):
    -The amount of interest payable under the bond; or -The amount of interest that would have been payable under the bond if such interest is subject to an applicable credit rate under Section 54A of the Internal Revenue Code.
-Specifies that issuers of clean energy bonds and qualified energy conservation bonds may elect to apply for a tax credit, and that the credit shall be 70 percent of the amount of interest payable under the bond (Sec. 301). -Requires 10 percent of funds made available for projects funded under Titles I, III and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) and any conforming provisions in this act shall go to businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451). -Requires states to compile a list of businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451). -Specifies that a "socially and economically disadvantaged" individual includes, but is not limited to, Native Americans, Native Hawaiians, and women (Sec. 451). -Specifies corporate estimated tax for corporations with $1 billion or more in assets shall be calculated as follows (Sec. 561):
    -Any required installment that is otherwise due in July, August, or September of 2009 shall be 123.25 percent of such amount; -Any required installment that is otherwise due in July, August, or September of 2015 shall be 121.5 percent of such amount; -Any required installment that is otherwise due in July, August, or September of 2019 shall be 106.5 percent of such amount; and -Any future installments shall be reduced appropriately.
-Specifies that PAYGO compliance for this act is required (Sec. 562).
Kirk's Vote

N