This voter guide profiles seven floor votes in The U.S. House of Representatives. 2014 saw the first time ever that The U.S. House voted in favor of major marijuana law reform. The results show how far drug policy reform has come in congress.
This voter guide profiles seven floor votes in The U.S. House of Representatives. 2014 saw the first time ever that The U.S. House voted in favor of major marijuana law reform. The results show how far drug policy reform has come in congress.
This voter guide profiles seven floor votes in The U.S. House of Representatives. 2014 saw the first time ever that The U.S. House voted in favor of major marijuana law reform. The results show how far drug policy reform has come in congress.
October 2014 Prepared By: Drug Policy Action 925 15 th Street, NW 2 nd Floor Washington, D.C. 20005 202.683.2985
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In recent years there has been a major political shift in Congress in favor of reforming U.S. drug laws and letting states set their own marijuana policies. The 113 th Congress featured a record number of members of Congress in the House introducing a record number of drug policy reform bills and amendments that won bipartisan support.
The U.S. House approved numerous amendments barring federal interference in state efforts to reform marijuana laws. Reducing the number of people behind bars in the U.S. for drug law violations has also become a major focus on Capitol Hill. Support for the failed war on drugs is clearly eroding.
This voter guide profiles seven floor votes in the U.S. House of Representati ves. The results show how far drug policy reform has come in Congress and how the political discourse has changed in favor of ending the war on drugs.
Introduction
It has been six years since Drug Policy Action released its last congressional voter guide in 2008 and measured support in the U.S. House of Representatives for drug policy reform. In the two years of congressional work examined by our 2008 voter guide, U.S. Representatives were recorded on only four drug-related votes, and not a single Representative voted in favor of reform every time.
The intervening years have seen a profound shift in favor of drug policy reform efforts and the emergence of a bipartisan majority of U.S. Representatives working in support of change.
2014 saw the first time ever that the U.S. House of Representatives has voted in favor of major marijuana law reform. In historic votes on issues ranging from whether to bar the Drug Enforcement Administration from undermining state medical marijuana laws to allowing banks to accept deposits from marijuana businesses, a clear bipartisan consensus favored letting states set their own marijuana policies and move forward with industrial hemp cultivation.
For the first time ever in the history of drug policy reform efforts in Congress, a working bipartisan majority of the U.S. House of Representatives is on record supporting drug policy reform. 243 Representatives (nearly 56 percent of the entire U.S. House) have earned a C or better in this years voter guide for their voting record on drug policy reform. 179 Democrats joined 64 Republicans in supporting at least three of the floor votes profiled in this guide. This momentum far out shadows the congressional support for drug policy reform chronicled in Drug Policy Actions 2008 voter guide.
49 Representatives have earned an A+ in Drug Policy Actions 2014 voter guide for voting in favor of reform on all seven floor amendments offered on the floor of the U.S. House of Representatives. In contrast, Drug Policy Actions 2008 voter guide could not name a single Representative who voted in favor of reform every time.
In 2008, 165 Representatives voted in support of a floor amendment barring the Drug Enforcement Administration (DEA) from spending any federal funds to undermine state medical marijuana laws, not enough to win. In 2014, 219 Representatives voted in support of a similar amendment (House Vote 258
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see details on page seven) offered by six Republicans and six Democrats and the amendment passed.
Over the past two years bipartisan support has emerged for reforming mandatory minimum sentencing for drug law violations and letting people out of federal prison early. This builds on bipartisan legislation that Congress passed in 2010 reducing crack cocaine sentences.
The past two years have featured numerous decisive steps by congressional lawmakers and officials in the Obama administration towards advancing drug policy reform and protecting states from federal interference that would otherwise undermine implementation of drug policy reforms by state and local officials across the nation. The following timeline highlights several of these decisive steps.
February 2013: Rep. Earl Blumenauer (D-3 rd /OR) and Rep. Jared Polis (D-2 nd /CO) establish the Sensible Drug Policy Working Group to serve as a forum for members of Congress to strategize and collaborate on drug policy reform legislation.
June 2013: the U.S. House approves a bipartisan amendment to allow limited cultivation of industrial hemp within the United States for academic or agricultural research purposes in states that allow it.
August 2013: momentum for federal criminal justice reform accelerates when Attorney General Eric Holder announces major federal sentencing policy changes, including dropping the use of mandatory minimum sentencing in certain drug cases, and working with Congress to pass bipartisan sentencing reform.
August 2013: U.S. Department of Justice officials announce that it will not challenge state marijuana laws, thus giving a limited green light to states like Washington and Colorado to pursue legalization. The Department of Justice issues a directive to federal prosecutors instructing them not to interfere with state marijuana laws as long as a number of stipulations are adhered to, such as preventing distribution to minors.
September 2013: the U.S. Senate Judiciary Committee holds a historic hearing on the conflict between state and federal marijuana laws that features a reasoned discussion among Senators and government officials on the implementation of state marijuana legalization, underscoring the fact that marijuana legalization had gone from third-rail topic to thoroughly mainstream.
February 2014: the Obama Administration announces new guidelines giving banks more leeway to provide financial services to state-licensed marijuana businesses.
March 2014: the U.S. Senate Judiciary Committee takes an historic step in passing the Smarter Sentencing Act, bipartisan sentencing reform legislation that represents the biggest overhaul in federal drug sentencing in decades.
April 2014: the Department of Justice announces that clemency and pardon guidelines will be expanded so that they apply to more people incarcerated under a drug mandatory minimum sentence.
May 2014: the U.S. House approves a bipartisan amendment prohibiting the DEA from interfering with state hemp production laws. The U.S. House also approves a bipartisan amendment prohibiting the DEA from interfering with state hemp research programs. One month later, in June 2014, the Senate Appropriations Committee approves a similar hemp amendment.
May 2014: 219 members of the House pass a bipartisan amendment prohibiting the DEA from undermining medical marijuana laws in twenty-three states, as well as eleven additional states that regulate CBD oils. Senator Rand Paul (R-KY) and Senator Cory Booker (D-NJ) introduced a similar amendment in the Senate but the underlying appropriations bill never made it to the floor due to senate dysfunction so a vote on the amendment was never held.
July 2014: the U.S. House passes a bipartisan amendment preventing the Treasury Department from spending any funding to penalize financial institutions that provide services to marijuana businesses that are legal under state law. Concurrently, the House rejects another amendment barring the Treasury Department from implementing guidance to ease access to banks by marijuana businesses.
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About Drug Policy Action
Drug Policy Action is a not-for-profit, nonpartisan 501(c)4 organization dedicated to promoting alternatives to the war on drugs that reduce the harms of both drug use and drug prohibition. On Capitol Hill, in the media, and in communities across the country, Drug Policy Action supports efforts to reform drug laws, reduce stigma and discrimination against people who use drugs. Drug Policy Actions congressional priorities include:
Eliminating mandatory minimum sentencing and supporting other incremental reforms to drug sentencing Opposing measures that increase existing drug sentences or criminalize more drugs Cutting wasteful drug war spending and shifting the focus of the federal drug budget from failed supply-side programs to cost- effective demand and harm reduction strategies. Prohibiting the federal government from undermining state marijuana reform laws and advancing legislation allowing states to reform their drug policies without federal interference. Eliminating collateral sanctions associated with drug law convictions Removing barriers to drug treatment Implementing policies that reduce drug overdoses and the spread of HIV/AIDS and hepatitis C
About the 2014 Voter Guide
The 2014 Drug Policy Reform Congressional Voting Guide is a nonpartisan tool for gauging members of Congress on their commitment to reforming failed U.S. drug policies. This guide is designed to educate voters on which members of Congress support drug policy reform and which do not. It covers key drug policy votes in the U.S. House of Representatives during 2013 and 2014 (the 113 th Congress).
This guide has four limitations, however. First, it only covers recorded floor votes that Drug Policy Action communicated its position to U.S. Representatives prior to the vote on which every U.S. Representative had an opportunity to participate in (committee votes are excluded). Secondly, because most bills are never called up for a vote, this guide is limited to what Congress decides to vote on. It does, however, include a helpful overview of the most important drug policy reform bills in Congress. Thirdly, this guide only covers the U.S. House of Representatives because of the lack of meaningful or recorded drug-related floor votes in the U.S. Senate in 2013 and 2014. Finally, this guide covers all U.S. House Representatives who served during the 113 th
Congress. Some Representatives who are listed are not running for re-election. This guide does not provide information about candidates running against incumbents or candidates running for a vacant congressional seat. Most important to this survey is how U.S. Representatives voted on the following seven floor votes:
1. House Vote 269. An amendment to H.R. 1947 that would have amended the federal Controlled Substances Act to allow colleges and universities to grow and cultivate industrial hemp in states where it is already legal without fear of federal interference. (Drug Policy Action supported the amendment).
2. House Vote 250. An amendment to H.R. 4660 that would have cut the Drug Enforcement Administrations budget by $35 million. (Drug Policy Action supported the amendment).
3. House Vote 257. An amendment to H.R. 4660 that would have barred the U.S. Justice Department and the Drug Enforcement Administration from spending any funding to undermine state laws that allow hemp cultivation. (Drug Policy Action supported the amendment).
4. House Vote 258. An amendment to H.R. 4660 that would have barred the U.S. Justice Department and the Drug Enforcement Administration from spending any funding to undermine state medical marijuana laws. (Drug Policy Action supported the amendment).
5. House Vote 260. An amendment to H.R. 4660 that would have barred the DEA from blocking implementation of a federal law that allows hemp cultivation for research purposes in states that allow it. (Drug Policy Action supported the amendment).
6. House Vote 415. An amendment to H.R. 5016 that would have prevented the U.S. Justice and Treasury Department from implementing their guidance to banks and other financial institutions on how they can interact with marijuana businesses that are licensed under state law. (Drug Policy Action opposed the amendment).
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7. House Vote 418. An amendment to H.R. 5016 that would have barred the U.S. Treasury Department from spending any funding to penalize financial institutions that provide services to marijuana businesses that are legal under state law. (Drug Policy Action supported the amendment).
Drug Policy Reform Bills in Congress
Members of the U.S. House of Representatives introduced dozens of drug policy related bills during the two years 2013 and 2014 of the 113 th Congress. Five bills stand out.
Respect State Marijuana Laws Act H.R. 1523
Introduced by Rep. Dana Rohrabacher (R-48 th /CA), Rep. Steve Cohen (D-9 th /TN), Rep. Don Young (R- AL/AK), Rep. Jared Polis (D-2 nd /CO), Rep. Justin Amash (R-3 rd /MI), and Rep. Earl Blumenauer (D- 3 rd /OR).
H.R. 1523 would exempt individuals acting in compliance with state marijuana laws from federal arrest and prosecution in states that have reformed their marijuana laws. This bipartisan legislation applies conservative principles to marijuana policy by keeping the federal government out of the business of criminalizing marijuana activities in states that do not want it to be criminal.
Ending Federal Marijuana Prohibition Act H.R. 499
Introduced by Rep. Jared Polis (D-2 nd /CO), Rep. Earl Blumenauer (D-3 rd /OR), Rep. Steve Cohen (D-9 th /TN), Barbara Lee (D-13 th /CA), Rep. Janice Schakowsky (D- 9 th /IL), Rep. Jerrold Nadler (D-10 th /NY), Rep. Jared Huffman (D-2 nd /CA), Rep. Michael Honda (D- 17 th /CA), Rep. James Moran (D-8 th /VA) and Rep. Eleanor Holmes Norton (D-AL/DC)
H.R. 499 would end federal marijuana prohibition and set up a federal regulatory process similar to the one for alcohol for states that tax and regulate marijuana sales.
States' Medical Marijuana Patient Protection Act H.R. 689
Introduced by Rep. Earl Blumenauer (D-OR), Rep. Dana Rohrabacher (R-48 th /CA), Rep. Jared Polis (D- 2 nd /CO), Rep. Barbara Lee (D-13 th /CA), Rep. James Moran (D-8 th /VA), Rep. Steve Cohen (D-9 th /TN), Rep. Sam Farr (D-20 th /CA), Rep. Ral Grijalva (D-3 rd /AZ), Rep. Jerrold Nadler (D-10 th /NY), Rep. Alcee Hastings (D-20 th /FL), Rep. Janice Schakowsky (D-9 th /IL), Rep. Michael Honda (D-17 th /CA) and Rep. Jared Huffman (D-2 nd /CA)
H.R. 689 would reform federal drug laws to recognize the medicinal use of marijuana and require the federal government to remove marijuana from Schedule I of the Controlled Substances Act. The legislation would require the federal government to improve access to marijuana for medical research, transfer the regulation of medical marijuana to the states and protect individuals who are acting in compliance with state medical marijuana laws from federal arrest and prosecution.
Smarter Sentencing Act of 2013 H.R. 3382
Introduced by Rep. Ral Labrador (R-1 st /ID), Rep. Bobby Scott (D-3 rd /VA), Rep. John Conyers (D- 13 th /MI), Rep. Hank Johnson (D-4 th /GA), Rep. Cedric Richmond (D-2 nd /LA), Rep. Spencer Bachus (R- 6 th /AL), Rep. Steve Cohen (D-9 th /TN), Hakeem Jeffries (D-8 th /NY) and Rep. Rodney Davis (R-13 th /IL)
H.R. 3382 would reduce federal mandatory sentencing levels for certain drug law violations and expand the application of an exception to mandatory minimum sentencing laws - known as the federal safety valve that is available to judges responsible for sentencing a person convicted of a drug law violation. Expanding the federal safety valve would allow judges more discretion in determining sentences for non-violent drug law violations and permit judges to consider the unique facts of each case and the unique circumstances of each individual before them.
H.R. 3382 would also make the reform to the crack- powder cocaine sentencing disparity that Congress passed in 2010 retroactive, so that thousands of people sentenced under the racially unjust crack/powder cocaine sentencing disparity could receive shortened terms of incarceration. A similar bipartisan measure was introduced in the Senate and was approved by the Senate Committee on the Judiciary (see page three for details).
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Stop Overdose Stat (S.O.S.) Act H.R. 4169
H.R. 4169 introduced by Rep. Donna F. Edwards (D- 4 th /MD), Rep. Karen Bass (D-37 th /CA), Rep. Andre Carson (D-7 th /IN), Rep. Elijah Cummings (D-7 th /MD), Rep. Keith Ellison (D-5 th /MN), Rep. William Keating (D-9 th /MA), Rep. Barbara Lee (D-13 th /CA), Rep. Stephen Lynch (D-8 th /MA), Rep. Michael Michaud (D- 2 nd /ME), Rep. Charles Rangel (D-13 th /NY), Rep. Tim Ryan (D-13 th /OH), Rep. Allyson Schwartz (D-13 th /PA), Rep. Jos Serrano (D-15 th /NY), Rep. Carol Shea-Porter (D-1 st /NH), Rep. John Tierney (D-6 th /MA), Rep. Paul Tonko (D-20 th /NY), Rep. Frederica Wilson (D- 24 th /FL), Rep. Bill Foster (D-11 th /IL) and Rep. Ben Ray Lujan (D-3 rd /NM)
H.R. 4169 would establish a federal plan to reduce overdose fatalities and improve access to naloxone and other overdose prevention resources to first responders and community members. Naloxone is a medication that quickly reverses an overdose from heroin and opioid pain medications. The bill would also improve public awareness of overdose risk and expand federal research and surveillance activities designed to reduce preventable drug overdoses from heroin, prescription medications and other drugs.
Presently, few federal dollars support community-based overdose prevention programs that save lives by equipping people at risk of experiencing or observing an overdose with the knowledge and tools needed to safely and rapidly reverse a life threatening overdose. The Centers for Disease Control and Prevention reports that more than 41,000 people in the United States died from a drug overdose in the year 2011 alone. Nearly 80 percent of those deaths were due to unintentional drug overdoses, and many could have been prevented. Deaths resulting from unintentional drug overdoses nearly tripled between 1999 and 2011.
Notably, Sen. Jack Reed (D-RI) introduced a companion to the Stop Overdose Stat (S.O.S.) Act in the U.S. Senate earlier this year. The Overdose Prevention Act (S. 2755) was cosponsored by Sen. Richard Durbin (D-IL), Sen. Sheldon Whitehouse (D-RI), Sen. Edward Markey (D- MA) and Sen. Patrick Leahy (D-VT).
Background on Key 2013 and 2014 House Votes
House Vote 269 Amendment to H.R. 1947 on Allowing Colleges and Universities to Cultivate State- Legal Industrial Hemp for Research Purposes
For decades, the federal government has banned industrial hemp cultivation and categorized industrial hemp and marijuana together as Schedule I substances. The federal government has erroneously treated hemp as a drug and prohibited the cultivation of hemp within the United States, despite permitting the legal importation of processed industrial hemp for use in products for sale in the United States. Yet, nineteen states have passed laws to permit industrial hemp cultivation for research purposes and at least eight states have passed laws permitting or promoting the cultivation of industrial hemp as an agricultural commodity.
On June 20, 2013, Rep. Jared Polis (D-2 nd /CO), Rep. Thomas Massie (R-4 th /KY), and Rep. Earl Blumenauer (D-3 rd /OR) introduced an amendment to H.R. 1947 on the House floor that amended federal law to allow colleges and universities to grow and cultivate industrial hemp for academic and agricultural research purposes in states where it is already legal to grow and cultivate industrial hemp without fear of federal interference. This bipartisan amendment was introduced during consideration of a major agricultural bill known as the Farm Bill. The Farm Bill later passed Congress and state-legal industrial hemp cultivation for research purposes became legal in 2014. Drug Policy Action supported this amendment as a common sense step towards removing hemp from federal drug laws altogether.
The amendment was passed 225-200 (Drug Policy Action: Vote YES)
House Vote 250 - Amendment to H.R. 4660 on Preventing the Drug Enforcement Administration from Getting a Raise
The Drug Enforcement Administration (DEA), and DEA administrator Michele Leonhart, have provoked criticism from congressional lawmakers and the public following a string of agency scandals, evidence of corruption, and ongoing efforts by the DEA to obstruct scientific research and undermine the implementation of state laws reforming marijuana and other drug policies. On May 29, 2014, Rep. Jared Polis (D-2 nd /CO) and Rep. Paul Broun (R-10 th /GA) offered an amendment to H.R. 4660 on the House floor that would have cut the Drug Enforcement Administrations budget in H.R. 4660, a federal appropriations bill that included annual funding
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for federal law enforcement, by $35 million. The Drug Enforcement Administration (DEA) was allocated $35 million more than both chambers of Congress awarded the agency the previous federal budget year in FY 2014, which was the amount that President Obama requested for the DEA in his FY 2015 budget request. Drug Policy Action supported this amendment as a means to ensure that the DEA did not receive a raise it did not deserve. The amendment was rejected 66-339 (Drug Policy Action: Vote YES) House Vote 257 Amendment to H.R. 4660 on Preventing the U.S. Department of Justice and Drug Enforcement Administration from Undermining State Hemp Cultivation Laws
Under federal law, hemp is not legal to grow in the United States unless it is being grown in accordance with the recently passed Farm Bill law that permits state-legal hemp cultivation for the purpose of conducting academic or agricultural research. Some states have made its cultivation legal, but most of these states have not yet begun to grow it because of resistance from the Drug Enforcement Administration.
On May 30, 2014, Rep. Suzanne Bonamici (D-1 st /OR), Rep. Thomas Massie (R-4 th /KY), Rep. Jared Polis (D- 2 nd /CO), Rep. Earl Blumenauer (D-3 rd /OR) and Rep. Andy Barr (R-6 th /KY) offered an amendment to H.R. 4660 on the House floor that would have barred the U.S. Justice Department and the Drug Enforcement Administration from spending any funding to undermine state laws that allow hemp cultivation. Recognizing that the erroneous categorization of hemp as a drug under federal law is one but many examples where substances have been improperly scheduled, Drug Policy Action supported this bipartisan amendment as a common sense step towards the goal of removing hemp from federal drug laws altogether. The amendment was passed 237-170 (Drug Policy Action: Vote YES) House Vote 258 Amendment to H.R. 4660 on Preventing the U.S. Department of Justice and Drug Enforcement Administration from Undermining State Medical Marijuana Laws
Since California voters became the first state to legalize medical marijuana in 1996, the Drug Enforcement Administration has led countless federal raids of medical marijuana dispensaries in medical marijuana states across the country, in many instances arresting providers and patients and closing state-licensed dispensaries. On May 30, 2014, Rep. Dana Rohrabacher (R-48 th /CA), Rep. Sam Farr (D-20 th /CA), Rep. Don Young (R- AL/AK), Rep. Earl Blumenauer (D-3 rd /OR), Rep. Tom McClintock (R-4 th /CA), Rep. Steve Cohen (D-9 th /TN), Rep. Paul Broun (R-10 th /GA), Rep. Jared Polis (D- 2 nd /CO), Rep. Steve Stockman (R-36 th /TX), Rep. Barbara Lee (D-13 th /CA), Rep. Justin Amash (R-3 rd /MI) and Rep. Dina Titus (D-1 st /NV) offered an amendment to H.R. 4660 on the House floor to bar the U.S. Justice Department and the Drug Enforcement Administration from spending any funding to undermine state medical marijuana laws. This bipartisan amendment was spearheaded by Republican Congressman Dana Rohrabacher, who is a long-standing opponent of the Department of Justices use of federal money to undermine state medical marijuana laws, and sponsored by six Democratic members of Congress and five other Republican members of Congress.
Twenty-three states and the District of Columbia have laws that legalize and regulate marijuana for medicinal purposes. Eleven states have laws on the books or are about to be signed into law by their governors regulating cannabidiol (CBD) oils, a non-psychotropic component of medical marijuana which some parents are utilizing to treat their childrens seizures.
Drug Policy Action supported this amendment because marijuana should be made available for medical use and the federal government should stop wasting resources undermining state medical marijuana laws and interfering with the implementation of state laws that regulate patient access to medical marijuana.
The amendment was passed 219-189 (Drug Policy Action: Vote YES)
House Vote 260 - Amendment to H.R. 4660 on Preventing the U.S. Department of Justice and Drug Enforcement Administration from Undermining State Hemp Cultivation Laws
In February 2014, President Obama signed Farm Bill legislation previously passed by Congress, which contained a provision that legalized the production of hemp for research purposes in states that want to allow it. But when Kentucky tried to import hemp seeds to begin production soon after the Farm Bill took effect, the Drug Enforcement Administration seized the seeds. Kentucky officials, including Kentucky Republican Agriculture Commissioner James Comer, Kentucky Senator Rand Paul (R-KY), and Senate Minority Leader Mitch McConnell (R-KY) were angered. McConnell told
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Politico that it is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds. The Kentucky Agriculture Department briefly sued the DEA to deliver the hemp seeds to Kentucky officials.
On May 30, 2014, Rep. Thomas Massie (R-4 th /KY), Rep. Earl Blumenauer (D-3 rd /OR), Suzanne Bonamici (D- 1 st /OR), Andy Barr (R-6 th /KY) and Rep. Jared Polis (D- 2 nd /CO) offered an amendment to H.R. 4660 on the House floor that would have barred the DEA from blocking implementation of a federal law passed by Congress in 2013 that allows hemp cultivation for academic and agricultural research purposes in states that allow it. Drug Policy Action supported this bipartisan amendment as a common sense step towards the goal of removing hemp from federal drug laws altogether. The amendment was passed 246-162 (Drug Policy Action: Vote YES) House Vote 415 Amendment to H.R. 5016 on Allowing State-Legal Marijuana Businesses to Access Financial Institutions
On February 14, 2014, the U.S. Department of Justice and the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury, announced new guidelines to banks and other financial institutions on how they can provide financial services to marijuana businesses that are licensed under state law. The guidance applied to twenty-three states and the District of Columbia that have legalized marijuana for medical use and two states (Colorado and Washington) that have legalized marijuana like alcohol.
Many banks had declined to provide services such as checking accounts and credit cards to legal, regulated marijuana dispensaries across the country out of fear of breaking federal law and being penalized with Treasury Department regulations and fines. As a result, state- licensed marijuana businesses are forced to deal with large amounts of cash, creating public safety risks for employees, bystanders, and police officers.
On July 16, 2014, Rep. John Fleming (R-4 th /LA) offered an amendment to H.R. 5016 on the House floor to bar the U.S. Justice and Treasury Department from spending funds to implement this guidance. Drug Policy Action opposed the Fleming amendment because it would have disrupted this important guidance, undermining public safety and accountability and wasting federal resources and taxpayer money and impeding efforts by federal officials to enable states to set their own marijuana policies in thirty-four states. The amendment was rejected, 186-236. (Drug Policy Action: Vote NO) House Vote 418 - Amendment to H.R. 5016 on Allowing State-Legal Marijuana Businesses to Access Financial Institutions
Many state-licensed marijuana businesses are forced to deal with large amounts of cash because many banks have declined to provide services such as checking accounts and credit cards to legal, regulated marijuana dispensaries across the country out of fear of breaking federal law and being penalized with Treasury Department regulations and fines. This creates public safety risks for employees, bystanders, and police officers. Twenty-three states and the District of Columbia have legalized marijuana for medical use and two states (Colorado and Washington) have legalized marijuana like alcohol.
On July 16, 2014, Rep. Denny Heck (D-10 th /WA), Rep. Ed Perlmutter (D-7 th /CO), Rep. Barbara Lee (D- 13 th /CA), and Rep. Dana Rohrabacher (R-48 th /CA) offered an amendment to H.R. 5016 on the House floor to bar the U.S. Treasury Department from spending any funding to penalize financial institutions that provide services to marijuana businesses that are legal under state law. Drug Policy Action supported the bipartisan Heck- Perlmutter-Lee-Rohrabacher amendment because it would protect public safety and prevent wasteful expenditure of federal resources and taxpayer money on federal interference with the business of state-licensed marijuana dispensaries and protected the ability of thirty- four states to set their own marijuana policies. The amendment was passed, 231-192. (Drug Policy Action: Vote YES)
2014 Champions of Reform
The following Representatives have been selected as Drug Policy Actions 2014 Champions of Reform for (in all but one case) earning an A+ from Drug Policy Action for voting in favor of reform on every floor vote featured in this guide and also for making other contributions to drug policy reform efforts in Congress.
Rep. Earl Blumenauer (D-3 rd /OR)
Rep. Blumenauer demonstrated leadership early on in the 113 th Congress by joining Rep. Jared Polis (D-2 nd /CO) in establishing the first-of-its-kind Sensible Drug Policy Working Group for members of Congress and staff to
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strategize and collaborate on drug policy reform legislation. Rep. Blumenauer introduced several important drug policy reform bills in the 113 th Congress, including the States Medical Marijuana Property Rights Protection Act (H.R. 689), which is featured on page five. Rep. Blumenauer also introduced the Small Business Tax Equity Act (H.R. 2240).
Notably, Rep. Blumenauer sponsored or cosponsored all but one of the drug policy reform bills Drug Policy Action has highlighted in this voting guide. He shares the distinction with Rep. Steve Cohen (D-9 th /TN) in cosponsoring more drug policy reform bills that have earned the support of Drug Policy Action than any other member of Congress. Over the past two years, Rep. Blumenauer cosponsored four floor amendments highlighted in this guide (House Votes 269, 257, 258, 260) and championed the efforts of his colleagues on both sides of the aisle to advance drug policy reform through the floor amendment process. Rep. Blumenauers record of support in the 113 th Congress builds upon his years of support for drug policy reform efforts in Congress. Rep. Blumenauer received an Honorable Mention in Drug Policy Actions 2008 voter guide.
Rep. Dana Rohrabacher (R-48 th /CA)
Rep. Rohrabacher worked tirelessly during the 113 th
Congress to champion legislative efforts to exempt individuals acting in compliance with state medical marijuana laws from federal arrest and prosecution in states that have reformed their marijuana laws. In most of the years beginning in 2003 and ending in 2012, Rep. Rohrabacher brought a medical marijuana amendment with former Representative Maurice Hinchey (D- 22 nd /NY) to the floor of the U.S. House of Representatives in an effort to bar the federal government from spending funds to raid medical marijuana dispensaries and prosecute individuals acting in compliance with state law. After Rep. Hincheys retirement at the end of 2012, Rep. Rohrabacher brought a similar medical marijuana amendment (House Vote 258) to the House floor with the bipartisan support of eleven other Representatives. Rep. Rohrabacher later cosponsored House Vote 418.
Rep. Rohrabacher introduced the Respect State Marijuana Laws Act (H.R. 1523), which is featured on page five. Rep. Rohrabacher also cosponsored eight other bills that have earned the support of Drug Policy Action including two of the drug policy reform bills highlighted in this guide (H.R. 499 and H.R. 689). Rep. Rohrabacher has earned a reputation for being the leading conservative in Congress on protecting states from federal interference in the implementation of their marijuana laws and also works skillfully across the aisle to get things done.
Rep. Rohrabachers record of support in the 113 th
Congress builds upon his years of support for drug policy reform efforts in Congress. Drug Policy Action selected Rep. Rohrabacher as one of its Heroes in its 2008 voter guide.
Rep. Steve Cohen (D-9 th /TN)
Over the past two years, Rep. Cohen further solidified his reputation for being an uncompromising advocate in Congress for drug policy reform. Rep. Cohen frequently questioned marijuana prohibition policies in congressional hearings, cosponsored important drug policy reform legislation and spoke in favor of drug policy reform on the House floor.
Rep. Cohen also introduced two important drug policy reform bills in the 113 th Congress. The Unmuzzle the Drug Czar Act (H.R. 4046) would repeal a provision of federal law that requires the director of the Office of National Drug Control Policy (ONDCP), informally known as the U.S. Drug Czar, to take such actions as necessary to oppose any attempt to legalize the use of marijuana or any Schedule I drug for medical or non- medical use. The provision prohibits ONDCP from studying legalization or speaking freely and truthfully about marijuana and marijuana policy.
Rep. Cohen also introduced the National Commission on Federal Marijuana Policy Act (H.R. 1635). Notably, Rep. Cohen cosponsored all but one of the drug policy reform bills that Drug Policy Action has highlighted in this voting guide (H.R. 499, H.R. 689, H.R. 1523, and H.R. 3382). Rep. Cohen also cosponsored a floor amendment, House Vote 258, earlier this year.
Rep. Jared Polis (D-2 nd /CO)
Rep. Polis led efforts to roll back federal marijuana prohibition on several fronts and continued to build on a track record of effective leadership in Congress that began when he first took office in 2009. In 2013, Rep. Polis introduced the Ending Federal Marijuana Prohibition Act (H.R. 499), which is featured on page five.
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Rep. Polis also cosponsored ten bills that have earned the support of Drug Policy Action including three of the drug policy reform bills highlighted in this guide (H.R. 689, H.R. 1523 and H.R. 3382). Earlier this year, Rep. Polis sponsored a floor amendment, House Vote 250, which would have prevented the DEA from getting a raise that Drug Policy Action agreed it did not deserve. Rep. Polis also cosponsored the medical marijuana floor amendment, House Vote 258.
In addition, Rep. Polis has championed efforts to reform federal laws restricting industrial hemp cultivation within the United States. In 2013, Rep. Polis sponsored a floor amendment, House Vote 269, to allow colleges and universities to cultivate legal industrial hemp for research purposes. In 2014, Rep. Polis cosponsored a floor amendment, House Vote 260, to reaffirm House passage of House Vote 269 a year earlier. Rep. Polis also cosponsored a floor amendment (House Vote 257) offered by Rep. Suzanne Bonamici (D-1 st /OR) barring the DEA from spending funds to undermine state hemp cultivation laws.
Rep. Beto ORourke (D-16 th /TX)
Rep. ORourke cosponsored three drug policy reform bills highlighted in this guide (H.R. 1523, H.R. 3382 and H.R. 4169). He was a critic of the war on drugs before running for Congress, even writing a book on the subject.
Rep. Barbara Lee (D-13 th /CA)
Rep. Lee supported drug policy reform in a number of important ways during the 113 th Congress. In addition to cosponsoring four of the drug policy reform bills highlighted in this guide (H.R. 499, H.R. 689, H.R. 1523 and H.R. 4169), Rep. Lee introduced the States Medical Marijuana Property Rights Protection Act (H.R. 784). Rep. Lee cosponsored the medical marijuana floor amendment, House Vote 258, with Rep. Rohrabacher and ten other Representatives. Rep. Lee later cosponsored another floor amendment highlighted in this guide (House Vote 418). Drug Policy Action selected Rep. Lee as one of its Heroes in its 2008 voter guide.
Rep. Thomas Massie (R-4 th /KY)
Rep. Massie championed efforts to reform federal laws restricting industrial hemp cultivation within the United States. Rep. Massie cosponsored a floor amendment, House Vote 269, to allow colleges and universities to cultivate legal industrial hemp for research purposes. In 2014, Rep. Massie sponsored a floor amendment, House Vote 260, to reaffirm House passage of House Vote 269 a year earlier. Rep. Massie also cosponsored a floor amendment (House Vote 257) offered by Rep. Suzanne Bonamici (D-1 st /OR) barring the DEA from spending funds to undermine state hemp cultivation laws.
Rep. Sam Farr (D-20 th /CA)
Rep. Farr played a leading role in support of the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives, sponsored the Truth in Trials Act (H.R. 710), and cosponsored two drug policy reform bills highlighted in this guide (H.R. 689 and H.R. 1523). Drug Policy Action selected Rep. Farr as one of its Heroes in its 2008 voter guide.
Rep. Bobby Scott (D-3 rd /VA)
Rep. Scott introduced four drug policy reform bills that Drug Policy Action supports: Youth PROMISE Act (H.R. 1318); The Justice Safety Valve Act (H.R. 1695); Fair Sentencing Clarification Act (H.R. 2369); and Fairness in Cocaine Sentencing Act (H.R. 2372). Rep. Scott cosponsored the Smarter Sentencing Act (H.R. 3382), which is highlighted on page five. Rep. Scott served as an important advocate for drug policy reform, and particularly in support of repealing mandatory minimum sentencing laws, as a member of the U.S. House Committee on the Judiciary. Rep. Scott has a long track record of championing drug sentencing reform and other drug policy reform initiatives. Drug Policy Action selected Rep. Scott as one of its Heroes in its 2008 voter guide.
Rep. Eleanor Holmes Norton (D-AL/DC)
Because she represents the District of Columbia, Rep. Norton was not permitted by congressional leadership to vote on amendments or other legislation that reached the floor of the House. Thus, it is impossible to grade her based on votes. Nevertheless, Rep. Norton did not let her inability to weigh in on the seven floor amendments highlighted in this guide from deterring her from championing the cause of drug policy reform in other ways.
When Rep. Andy Harris (R-1 st /MD) spearheaded an effort to undermine the implementation of a local marijuana reform law in Washington, D.C., Rep. Norton took to the floor of the House to persuasively and effectively request that her congressional colleagues not
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interfere in Washington, D.C. efforts to reduce racial disparities in its criminal justice system. Rep. Norton also cosponsored the Respect State Marijuana Laws Act (H.R. 1523) and two other drug policy reform bills that Drug Policy Action has highlighted in this voting guide (H.R. 499 and H.R. 689). Drug Policy Action previously selected Rep. Norton as one of its Champions of Reform in the 2008 voter guide.
Honorable Mentions
The following Representatives deserve honorable mention for demonstrating leadership in the 113 th
Congress on drug policy reform efforts.
Rep. John Conyers (D-13 th /MI) Earned an A+ voting record from Drug Policy Action and cosponsored two of the drug policy reform bills Drug Policy Action has highlighted in this voting guide (H.R. 3382 and H.R. 4169). As Ranking Member of the U.S. House Committee on the Judiciary during the 113 th Congress, Rep. Conyers advocated effectively for the repeal of mandatory minimum drug sentencing laws and has a long track record in Congress of championing drug sentencing reform.
Rep. Suzanne Bonamici (D-1 st /OR) Earned an A+ voting record from Drug Policy Action and sponsored a floor amendment reforming federal laws that restrict domestic cultivation of industrial hemp (see House Vote 257). Rep. Bonamici also cosponsored a floor amendment (House Vote 260) offered by Rep. Thomas Massie (R-4 th /KY) to reaffirm House passage of House Vote 269 a year earlier.
Rep. Paul Broun (R-10 th /GA) Earned an A+ voting record from Drug Policy Action, cosponsored the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives and cosponsored the floor amendment (House Vote 250) that would have denied the DEA a raise.
Rep. Justin Amash (R-3 rd /MI) Earned an A+ voting record from Drug Policy Action. Rep. Amash cosponsored the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives. Rep. Amash also cosponsored the Ending Federal Marijuana Prohibition Act (H.R. 1523). He has been an outspoken critic of harsh sentences for people convicted of drug law violations.
Rep. Steve Stockman (R-36 th /TX) Earned an A+ voting record from Drug Policy Action. Rep. Stockman cosponsored the medical marijuana amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives. He also cosponsored H.R. 1523.
Rep. Donna Edwards (D-4 th /MD) Earned an A+ voting record from Drug Policy Action. Rep. Edwards introduced the Stop Overdose Stat (S.O.S.) Act (H.R. 4169), which is highlighted on page six of this guide.
Rep. Jan Schakowsky (D-9 th /IL) Earned an A+ voting record from Drug Policy Action. Rep. Schakowsky cosponsored four drug policy reform bills highlighted in this guide (H.R. 499, H.R. 689, H.R. 1523 and H.R. 3382).
Rep. Mark Pocan (D-2 nd /WI) Earned an A+ voting record from Drug Policy Action. Rep. Pocan cosponsored four drug policy reform bills highlighted in this guide (H.R. 499, H.R. 689, H.R. 1523 and H.R. 3382).
Rep. Jerrold Nadler (D-10 th /NY) Earned an A+ voting record from Drug Policy Action. Rep. Nadler cosponsored two drug policy reform bills highlighted in this guide (H.R. 499 and H.R. 689).
Rep. Ted Deutch (D-21 st /FL) Earned an A+ voting record from Drug Policy Action. Rep. Deutch introduced the National Criminal Justice Commission Act (H.R. 446) and cosponsored H.R. 3382.
Rep. Duncan Hunter (R-50 th /CA) Earned an A+ voting record from Drug Policy Action. Rep. Hunter cosponsored H.R. 1523.
Rep. Chris Van Hollen (D-8 th /MD) Earned an A+ voting record from Drug Policy Action. Rep. Van Hollen cosponsored H.R. 3382.
Rep. Hakeem Jeffries (D-8 th /NY) Earned an A+ voting record from Drug Policy Action. Rep. Jeffries cosponsored H.R. 3382.
Rep. Denny Heck (D-10 th /WA) Earned an A voting record from Drug Policy Action. Rep. Heck
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sponsored House Vote 418, a floor amendment highlighted on page eight of this guide.
Rep. Dina Titus (D-1 st /NV) Earned an A voting record from Drug Policy Action. Rep. Titus cosponsored the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives. Rep. Titus also cosponsored H.R. 1523.
Rep. Tom McClintock (R-4 th /CA) Earned an A voting record from Drug Policy Action. Rep. McClintock cosponsored the medical marijuana floor amendment (House Vote 258) offered by Rep. Rohrabacher and ten other Representatives.
Rep. Mark Sanford (R-1 st /SC) Earned an A voting record from Drug Policy Action. Rep. Sanford cosponsored H.R. 3382.
Rep. Rodney Davis (R-13 th /IL) Earned an A voting record from Drug Policy Action. Rep. Davis cosponsored H.R. 3382.
Rep Don Young (R-AL/AK) Earned an A voting record from Drug Policy Action. Rep. Young cosponsored H.R. 1523.
Rep. Ed Perlmutter (D-7 th /CO) Earned an A voting record from Drug Policy Action. Rep. Perlmutter cosponsored H.R. 1523.
Rep Adam Smith (D-9 th /WA) - Earned an A voting record from Drug Policy Action. Rep. Smith cosponsored H.R. 1523.
Rep. Raul Labrador (R-1 st /ID) Earned a C voting record from Drug Policy Action. However, Rep. Labrador showed leadership by introducing the Smarter Sentencing Act, H.R. 3382, which is featured on page five of this guide.
2014 Drug War Extremists
The following Representatives have been selected as Drug Policy Actions 2014 Drug War Extremists for opposing efforts by lawmakers to roll back punitive and counterproductive drug policies at every opportunity and earning an F from Drug Policy Action for voting the wrong way on every floor vote.
Rep. Andy Harris (R-1 st /MD)
Although Rep. Andy Harris has only completed one term in office, he has quickly cemented his reputation as being the lawmaker who has made it his mission to try and block a popular law in the District of Columbia that eliminated criminal penalties for the possession of small amounts of marijuana. In June 2014, Rep. Harris offered an amendment during a congressional committee markup of a federal spending bill to block District of Columbia lawmakers from implementing its marijuana decriminalization law and also would have blocked District of Columbia lawmakers from legalizing marijuana in the future. The amendment was accepted by Republicans on the committee.
D.C.s marijuana decriminalization law, which replaces criminal penalties with a $25 fine for possession, ensures that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. D.C.s decriminalization law is widely viewed as a model for other jurisdictions looking to reduce racial disparities in the criminal justice system.
Rep. Harris has stood by his efforts to derail marijuana law reform in the Nations Capital despite pleas from D.C.s congressional representative, Rep. Eleanor Holmes Norton (D-AL/D.C.), D.C. lawmakers and civil rights leaders and advocates to leave D.C.s efforts to reduce racial disparities in the criminal justice system alone. Rep. Harriss amendment even drew opposition from the White House in a Statement of Administration Policy.
In 2013, a study released by the American Civil Liberties Union of the Nations Capital found that African American residents are eight times more likely to be arrested for marijuana possession in D.C. than white residents. In fact, in 2010, blacks constituted 91 percent of all marijuana arrests in D.C despite the fact that data show whites and blacks use marijuana at similar rates. Fortunately, Rep. Harris has been unsuccessful in blocking efforts by D.C. lawmakers and residents to reform local marijuana laws.
Rep. John Fleming (R-4 th /LA)
Over the past two years, Rep. John Fleming could be counted on to defend drug war extremism and status quo marijuana policies. Whether taking to the floor to speak against floor amendments that would support states rights to reform their marijuana laws, improve access to medical marijuana and improve the ability of states to regulate marijuana businesses, to distorting and misrepresenting the facts about marijuana use in hearings, floor speeches and briefings, Rep. Fleming has
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been a committed foe of marijuana reform efforts in Congress.
Rep. Fleming planned to but ultimately did not - introduce a congressional resolution to block D.C.s decriminalization law, and an amendment he offered on the House floor (House Vote 415, featured above) to block efforts by the Obama administration to allow marijuana businesses to access banking services failed on a 186-236 vote.
Rep. Hal Rogers (R-5 th /KY)
For years, Rep. Hal Rogers has used his powerful position as Chairman of the House Committee on Appropriations to preserve destructive drug policies that have cost hundreds of thousands of lives and U.S. taxpayers billions of dollars. Perhaps most unfortunate has been his resistance in recent years to federal funding for syringe service programs.
Despite overwhelming scientific evidence that syringe service programs save lives and reduce health care costs by preventing the spread of HIV and hepatitis C, Rep. Rogers championed efforts to reinstate the ban on federal funding in 2011 and has ignored pressure to lift the ban since that time. In the U.S., injection drug use has accounted for more than one-third (36 percent) of AIDS cases more than 354,000 people, according to the Centers for Disease Control and Prevention (CDC). Yet, the federal funding for sterile syringe access programs persists, even though the CDC has found that such programs lower incidence of HIV/AIDS among people who inject drugs by 80 percent.
In June 2014, more than 140 local, national and international organizations released a letter addressed to Rep. Rogers calling on Congress to end the archaic federal funding ban on syringe service programs (SSPs). Rep. Rogers did not respond to the letter.
Methodology
Drug Policy Action graded members of Congress based on their votes on seven floor amendments considered by all members of the U.S. House of Representatives during the 113 th Congress who were eligible to participate in each of these highlighted votes. Drug Policy Action has assigned each member a letter grade based upon the percentage of floor votes that each Representative voted the position favored by Drug Policy Action.
Drug Policy Action only graded U.S. Representatives on their votes on floor amendments on which members of Congress were proactively requested to vote either in support or opposition to take a certain position on legislation featured in this guide.
An absent (DNV) vote lowers a Representatives score and grade.
Drug Policy Action recognizes that Members of Congress periodically have valid reasons to miss floor votes. Representatives who missed three or more votes that are featured in this guide, and were eligible to vote at the time these votes occurred, received an incomplete grade (INC.) In addition, several Representatives who did not serve a complete term in the 113 th Congress (see page 29 for a list of changes in U.S. House membership) received an incomplete grade (INC.)
The House Speaker, who customarily does not vote, has been simply marked S.
An At-Large congressional seat is denoted with AL.
The individual grades assigned by Drug Policy Action to each Representative do not indicate the full extent of her or his support for drug policy reform or Drug Policy Action positions. The voting record is neither an endorsement nor a condemnation of any member of Congress.
This voting record covers the 113 th Congress and is distributed to every member of Congress. This voting record lists roll-call votes officially recorded on the floor of the House of Representatives.
Grading Scale
A+ Voting in favor of reform on all 7 votes A Voting in favor of reform on 6 votes B+ Voting in favor of reform on 5 votes B Voting in favor of reform on 4 votes C Voting in favor of reform on 3 votes D Voting in favor of reform on 2 votes F Failing to vote for reform on at least 2 votes
How Your U.S. Representati ve Voted
To find out who represents you in the U.S. House of Representatives call the U.S. Capitol Switchboard at 202- 224-3121 or visit www.house.gov.
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Roll Call Voting Table
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113 th Congress House Membership Changes That Resulted in Missed Votes
1 st Congressional District of Alabama
Rep. Jo Bonner (R-1 st /AL) resigned on August 2, 2013.
Rep. Bradley Byrne (R-1 st /AL) was elected on December 17, 2013 following a Special Election to replace Rep. Jo Bonner
13 th Congressional District of Florida
Rep. C.W. Bill Young died on October 18, 2013
Rep. David Jolly (R-13 th /FL) was elected on March 11, 2014 in a Special Election to replace Rep. C.W. Bill Young.
19 th Congressional District of Florida
Rep. Trey Radel (R-19 th /FL) resigned on January 27, 2014.
Rep. Curtis Clawson R-19 th /FL) was elected on June 24, 2014 in a Special Election to replace Rep. Trey Radel.
2 nd Congressional District of Illinois
Rep. Jesse L. Jackson, Jr. resigned during the previous 112 th Congress on November 21, 2012
Rep. Kelly Robin (D-2 nd /IL) was elected on April 9, 2013 following a Special Election to replace Rep. Jesse L. Jackson, Jr.
5 th Congressional District of Louisiana
Rep. Rodney Alexander (R-5th/LA) resigned on September 27, 2013
Rep. Vance McAllister (R-5 th /LA) was elected on November 16, 2013 following a Special Election to replace Rep. Rodney Alexander
5 th Congressional District of Massachusetts
Rep. Edward Markey resigned on July 15, 2013 after winning a Senate seat in Massachusetts.
Rep. Katherine Clark (D-5 th /MA) was elected on December 10, 2013 following a Special Election to replace Rep. Edward Markey.
8 th Congressional District of Missouri
Rep. Jo Ann Emerson (R-8 th /MO) resigned on January 22, 2013.
Rep. Jason Smith (R-8 th /MO) was elected on June 4, 2013 following a Special Election to replace Rep. Jo Ann Emerson.
1 st Congressional District of New Jersey
Rep. Robert Andrews (D-1 st /NJ) resigned on February 18, 2014
This seat remains vacant following the resignation of Rep. Robert Andrews
12 th Congressional District of North Carolina
Rep. Mel Watt (D-12 th /NC) resigned on January 6, 2014.
This seat remains vacant following the resignation of Rep. Mel Watt.
1 st Congressional District of South Carolina
Rep. Tim Scott (R-1 st /SC) resigned on January 2, 2013 after being appointed to a Senate seat in South Carolina
Rep. Mark Sanford (R-1 st /SC) was elected on May 7, 2013 following a Special Election to replace Rep. Tim Scott.
7 th Congressional District of Virginia
Rep. Eric Cantor (R-7 th /VA), the former House Majority Leader, resigned on August 18, 2014
This seat remains vacant following the resignation of Rep. Eric Cantor
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113 th Congress Non-Voting Members
The following Representatives serve as Non-Voting Delegates and are ineligible to vote on the floor of the U.S. House of Representatives.
Rep. (Del.) Madeleine Bordallo (D-Guam) Rep. (Del.) Donna Christensen (D-U.S. Virgin Islands) Rep. (Del.) Eni F.H. Faleomavaega (D- American Samoa) Rep. (Del.) Eleanor Holmes Norton (D-District of Columbia) Rep. (Resident Commissioner) Pedro Pierluisi (D-Puerto Rico) Rep. (Del.) Gregorio K.C. Sablan (Northern Mariana Islands)