Almost Unanimous, 2023 edition: Why these lone dissenters withheld their votes on congressional bills
GovTrack Insider staff writer Jesse Rifkin
Sometimes, when everybody else zigs, one person will zag. So too in Congress, where roll calls occasionally pit a single solitary member voting the opposite way against literally all their colleagues.
As we do annually, GovTrack Insider looked into these “almost unanimous” votes to find out why each lone dissenter held out. Whenever the member of Congress posted their reason publicly, such as in an interview or social media post, we cited that. Otherwise, we contacted their office directly to ask for an explanation.
(You can also read previous installments covering 2016, 2017, 2018, 2019, 2020, 2021, and 2022.)
Constructing more hydropower facilities in Arizona
On March 14, Rep. David Schweikert (R-AZ1) introduced a bill exclusively related to his home state, which would permit construction of more pumped storage hydropower facilities in Arizona’s Salt River reservoir system.
“This will increase the supply of affordable and reliable energy in central Arizona,” Rep. Schweikert said in a press release. “With our state’s economy and population rapidly growing, it’s absolutely critical that we embrace long-term domestic technologies to ensure lower utility costs for our local communities.”
On November 6, the House passed it by 384–1, with then-Rep. George Santos (R-NY3) the lone dissenter.
The reason for Santos’ dissent is unclear, but may likely be due to personal animus. While Rep. Schweikert was one of 105 House Republicans who voted to expel Santos in the successful December vote, he was previously one of only 24 House Republicans who voted to expel Santos in an unsuccessful November vote.
The hydropower bill now awaits a potential Senate vote.
Protecting Hunting Heritage and Education Act
Following mass shootings at a Uvalde, Texas elementary school and a Buffalo grocery store, Congress responded by enacting the Bipartisan Safer Communities Act of 2022.
One of its provisions intended to transfer money for weapons-equipped school resource officers from Congress’s main education funding mechanism, the Elementary and Secondary Education Act (ESEA), to another part of federal law instead.
However, President Biden’s Education Department interpreted the provision to also bar federal funding for school hunting, shooting, and archery classes or programs. These are especially prevalent in America’s rural communities, with trap shooting now among the nation’s fastest-growing high school sports.
On August 1, Rep. Mark E. Green (R-TN7) introduced the Protecting Hunting Heritage and Education Act to clarify the provision’s congressional intent and once again allow federal funds for school hunting, shooting, or archery programs.
Supporters argue that these programs are integral to education in rural communities and even some non-rural ones, teaching teenagers about responsible firearms use.
“The Biden administration’s decision to cut funding for these classes is a direct reflection of his disconnect with many Americans,” Rep. Green said in a press release. “We are a nation of hunters and fishermen. While President Biden lives in his own swamp, Tennesseans are hunting and fishing in them.”
On September 26, the House passed it by 424–1, with Rep. Veronica Escobar (D-TX16) the lone opponent.
Rep. Escobar’s office didn’t reply to GovTrack Insider’s request for comment.
On September 27, the Senate passed the bill by unanimous consent, a procedure used for relatively noncontroversial measures in which no record of individual votes is recorded. President Joe Biden signed it into law on October 6.
ALERT Parity Act
People living in rural or isolated areas are at greater risk of failing to connect with emergency services like 911, should the need arise. In 2022, Apple even launched a feature called “Emergency SOS via satellite” on the iPhone 14 to deal with this problem.
On March 3, Rep. Bill Johnson (R-OH6) introduced the ALERT Parity Act, which would let providers of technologies like satellite direct-to-cell service apply to the FCC for permission to access parts of the communications spectrum which lack commercial mobile service coverage.
The word ALERT in the title acronym stands for Advanced Local Emergency Response Telecommunications.
The bill “would ensure every American, regardless of their ZIP code, would be able to receive critical emergency alerts and make 911 calls,” Rep. Johnson said in a press release. “This lifesaving legislation would enable access to emergency services for areas that would otherwise not have access to cellular services — especially in rural areas like Appalachia Ohio where I represent.”
On April 26, the House passed it by 422–1, with Rep. Andy Biggs (R-AZ5) the lone opponent.
Rep. Biggs’ office didn’t reply to GovTrack Insider’s request for comment.
The bill now awaits a potential Senate vote.
Modernizing the Acquisition of Cybersecurity Experts Act
Young people were stereotypically never super excited about government jobs in the first place, but that’s proving even more true of Gen Z than prior generations. Today’s tech workers are often more enticed by the private sector.
That’s especially true of Silicon Valley, because of factors including the area’s amenities, company stock options, and private employers’ more lenient attitudes towards employee marijuana use.
As a result, despite technology playing more and more of a role in our lives by the day, the federal government can’t keep up with hiring targets for its cybersecurity workforce.
On July 10, Rep. Nancy Mace (R-SC1) introduced the Modernizing the Acquisition of Cybersecurity Experts Act, to repeal university degree requirements for federal government cybersecurity jobs. While having a college degree would likely still help one’s job application, it would no longer be required.
And yes: that means Nancy Mace titled her bill with the self-referential acronym, the MACE Act.
“Today, a brilliant computer whiz who drops out of Harvard after a year or two — as Bill Gates did — would stand little chance of securing a federal cybersecurity job,” Rep. Mace said in a press release. “We often hear from the other side of the aisle [Democrats] that the federal government should be a ‘model employer’ and the elimination of unnecessary degree barriers ensures the federal government is such an employer.”
On October 2, the House passed the bill by 394–1, with Rep. Debbie Lesko (R-AZ8) the lone opponent.
Rep. Lesko’s office didn’t reply to GovTrack Insider’s request for comment.
The bill now awaits a potential Senate vote.
Randy George nomination as Army Chief of Staff
President Biden nominated Gen. Randy George, vice chief of the Army, to be the Army’s Chief of Staff.
“Gen. George is a battle-tested soldier and seasoned leader who has been a critically important champion for the Army,” Secretary of the Army Christine E. Wormuth said in a statement. “Having first entered the force as an enlisted soldier 42 years ago, he understands the importance of service and leadership at every echelon.”
On September 20, the Senate invoked cloture — essentially a “vote on whether to hold a vote” — by 92–1, with Sen. Mike Lee (R-UT) the lone opponent. The next day on September 21, the Senate confirmed George’s nomination by 96–1, with Sen. Lee again the lone opponent.
Sen. Lee accused George of focusing too heavily on DEI initiatives.
“I held… concerns with remarks Gen. George made in testimony before Congress,” Sen. Lee told the Deseret News, referencing George’s endorsement of diversity quotas. “Our military leadership must remain devoted to their primary mission: the safety and defense of our nation, prioritizing readiness and lethality, rather than radical cultural and social policies.”
George was only the second military officer individually confirmed during a monthslong block on hundreds of nominees by Sen. Tommy Tuberville (R-AL), who protested the military’s policy of paying for a female servicemember’s travel to obtain an abortion.
Lisa Franchetti nomination as Navy’s Chief of Naval Operations
President Biden nominated Lisa Franchetti, the Navy’s Vice Chief of Naval Operations, to become the Navy’s Chief of Naval Operations.
“I have the utmost confidence that Adm. Franchetti will faithfully fulfill the duties of this esteemed position,” Secretary of the Navy Carlos del Toro said in a statement. “I look forward to working with her to lead our force into the future as we continue to strengthen our maritime dominance, build a culture of warfighting excellence, and enhance strategic partnerships.”
On November 2, the Senate invoked cloture by 95–1, with Sen. Roger Marshall (R-KS) the lone dissenter. Later that day, the Senate confirmed her nomination by 95–1, with Sen. Marshall again the lone dissenter.
Opponents counter that Franchetti wasn’t the best person for the job.
“President Biden nominated Adm. Franchetti not because she is qualified or competent to do the job, but because of this administration’s obsession with diversity and inclusion,” Sen. Marshall told the Kansas City Star. “He even disregarded the recommendation of his own Secretary of Defense for this position. Confirming Adm. Franchetti will not make our country safer.”
NBC News reported that Secretary of Defense Lloyd Austin had officially recommended Adm. Samuel Paparo, commander of the U.S. Pacific Fleet. Austin still spoke highly of Franchetti, though, calling her an “outstanding leader who has faithfully served her country for decades.”
Biden nominated Adm. Paparo for a different position instead, as Commander of Indo-Pacific Command. The Senate has not yet voted on his nomination.
David Allvin nomination as Air Force Chief of Staff
President Biden nominated Gen. David Allvin, the Air Force’s Vice Chief of Staff, to become the Air Force’s Chief of Staff.
Allvin “has guided many of our most important initiatives to improve the Air Force, including recruiting and operations,” Secretary of the Air Force Frank Kendall said. “I have full confidence in his leadership, integrity, and ability to lead the Air Force as we continue our efforts to modernize and overcome the challenges that threaten our continued security and prosperity.”
On November 2, the Senate invoked cloture by 95–1, with Sen. Marshall the lone opponent. Later that day, the Senate confirmed Allvin’s nomination by 95–1, with Sen. Marshall again the lone opponent.
Sen. Marshall told the Kansas City Star he opposed Allvin because he was picked by C.Q. Brown, the new Chair of the Joint Chiefs of Staff. Yet while Sen. Marshall was one of 11 Republican senators who voted against Brown in September, he was the only one to also extend that same opposition to Brown’s selection of Allvin too.
Rep. Thomas Massie (R-KY4)
Regular readers of this annual feature will recognize Rep. Massie, who usually casts the lone dissent on several votes every year. 2023 was no exception, with five such votes including:
A resolution about antisemitism
In August, the U.S. agreed to a prisoner swap with Iran, releasing five Americans in exchange for several Iranians, plus the release of $6 billion in frozen assets stored in South Korean accounts to be earmarked for humanitarian purposes.
The State Department insists the money is tracked specifically to ensure it’s used as intended, for humanitarian aid. But after the Iranian-funded terrorist group Hamas attacked Israel in October, many ramped up criticisms of the $6 billion release to a country like Iran.
On October 16, Rep. Michael McCaul (R-TX10) introduced the No Funds for Iranian Terrorism Act to freeze the $6 billion transfer.
Supporters argued that a nation which the State Department has designated as a state sponsor of terrorism since 1984 shouldn’t be trusted with the money.
“No matter what assurances the Biden administration makes, the president of Iran has said he would use this money however he wants,” Rep. McCaul said in a press release. “We cannot give them another $6 billion for their terror operations, which include ongoing support for Hamas’ unprovoked war against our ally Israel.”
Rep. Andy Ogles (R-TN5) introduced a symbolic amendment to the bill, adding a sentence that: “All United States allies in the Middle East should publicly and unequivocally condemn the antisemitism displayed by Iranian-backed terrorist groups, including Hamas.”
On November 20, the House adopted the amendment by 422–1, with Rep. Thomas Massie (R-KY4) the lone opponent. Then-Rep. George Santos (R-NY3) voted “present.”
In 2022, after a similar symbolic resolution condemning antisemitism, Rep. Massie explained his no vote on Twitter.
“I don’t hate anyone based on his or her ethnicity or religion,” Rep. Massie wrote at the time. “Legitimate government exists, in part, to punish those who commit unprovoked violence against others, but government can’t legislate thought.”
Back in the present day, the House passed the larger No Funds for Iranian Terrorism Act — now with the amendment included — by 307–119. Republicans voted 217–1, with Rep. Massie the lone dissenter within his party. Though House Democrats supported that amendment specifically, they voted 90–118 against the overall bill.
It now awaits a potential Senate vote.
A resolution about Israel
On November 21, Rep. Mike Lawler (R-NY17) introduced a symbolic resolution stating that Israel has the right to exist and declaring that rejecting Israel’s right to exist, a position called anti-Zionism, is a form of antisemitism.
Supporters argued the country needs U.S. support now more than ever.
“President Truman recognized Israel 11 minutes after its founding, and for 75 years America has remained steadfast in our support for Israel,” Rep. Lawler said in a press release. “Israel is the only multicultural, multi-ethnic, multi-racial, and multi-religious democracy in the Middle East. They are a beacon of hope, freedom, and opportunity.”
On November 28, the House passed the resolution by 412–1, with Rep. Massie the lone dissenter. Rep. Rashida Tlaib (D-MI12) voted “present.”
“I agree with the title ‘Reaffirming the State of Israel’s Right to Exist’ and much of the language, but I’m voting No on the resolution because it equates anti-Zionism with antisemitism,” Rep. Massie wrote on X, formerly Twitter. “Antisemitism is deplorable, but expanding it to include criticism of Israel is not helpful.”
As a House-only resolution, the chamber’s approval meant the measure was passed and no Senate vote was necessary.
A resolution about Iran
In September 2022, Iranian law enforcement arrested and beat a woman named Mahsa Amini for wearing her hijab improperly. Three days later, she died from her injuries.
Mass protests erupted across the country, the largest protests there since the 1979 revolution which installed the current leadership regime.
On January 9, Rep. Claudia Tenney (R-NY24) introduced a symbolic concurrent resolution condemning Iran’s crackdown on peaceful protesters, which resulted in an estimated several hundred deaths.
“These courageous Iranians are demanding a government that respects their rights at home, stops funding terrorism abroad, and makes peace with its neighbors,” Rep. Tenney said in a press release. “They are demanding a future built on freedom, justice, the rule of law, and prosperity.”
On January 25, the House passed the concurrent resolution by 420–1, with Rep. Massie the lone opponent.
He voted against it because of a provision advocating for the Biden administration to impose sanctions on the Iranian officials responsible. “Sanctions generally do not hurt the repressive governments they claim to target,” a Rep. Massie spokesperson told The Hill. “Instead, the burdens disproportionately fall on innocent people who are already suffering under those repressive regimes.”
The concurrent resolution now awaits a potential Senate vote.
250th Anniversary of the United States Marine Corps Commemorative Coin Act
One of the six military branches, the U.S. Marine Corps was founded in 1775. With its 250th anniversary approaching in 2025, Rep. Seth Moulton (D-MA6) introduced a bill to mint a three-part commemorative coin program: 50,000 $5-dollar coins, 400,000 $1-dollar coins, and 750,000 half-dollar coins.
After reimbursing the U.S. Mint for the expense, the remaining revenue from coin sales would go to the nonprofit Marine Corps Heritage Foundation.
“My decision to join the Marines was one of the proudest of my life. To this day, I am honored to be amongst the few and the proud,” Rep. Moulton said in a press release. “The [legislation] would honor two and a half centuries of Marine Corps bravery, strength, and sacrifice for our nation.”
On July 11, the House passed the bill by 409–1, with Rep. Massie the lone opponent.
“Congressman Massie routinely votes against commemorative coin legislation, as he believes Congress has better things to do with its time,” a spokesperson told GovTrack Insider.
On July 20, the Senate passed the bill by unanimous consent, a procedure used for relatively noncontroversial measures in which no record of individual votes is recorded. President Joe Biden signed it into law on July 26.
Protecting and Securing Chemical Facilities from Terrorist Attacks Act
In the years after 9/11, many feared the next attack could be carried out not against New York City office buildings or D.C. military targets as before, but against chemical facilities.
So in 2007, the Cybersecurity and Infrastructure Security Agency (CISA) created the Chemical Facility Anti-Terrorism Standards (CFATS) program, which established regular in-person inspections to ensure safety at 3,200 high-risk chemical facilities.
On July 6, three weeks before the program’s statutory authority was set to lapse on July 28, Rep. Laurel Lee (R-FL15) introduced the Protecting and Securing Chemical Facilities from Terrorist Attacks Act to extend it for another two years until 2025.
“The CFATS program identifies and regulates high-risk chemical facilities across the U.S. to ensure they have security measures in place, to reduce the risks associated with certain chemicals and terrorist threats posed by foreign actors,” Rep. Lee said in a press release. “My bill will ensure that… Department of Homeland Security officials can continue working with these facilities to keep our communities safe.”
On July 25, the House passed it by 409–1, with Rep. Massie the lone opponent.
“He has consistently voted against the [CFATS legislation], including when it came up in 2019,” a spokesperson told GovTrack Insider. Indeed, Rep. Massie was one of three House Republicans to vote against it that year, along with Reps. Justin Amash (R-MI3) and Andy Biggs (R-AZ5).
(Amash is no longer serving. Biggs still is, and he voted for the 2023 version.)
While the spokesperson didn’t explain why Rep. Massie voted against it, his reasoning may overlap with that of Sen. Rand Paul (R-KY). For months, Paul has held up a Senate vote by arguing the program may be unnecessary.
“It is not as if safety for our utilities and public chemical plants didn’t exist before 9/11. So there are ways that the marketplace would take care of this,” Sen. Paul said on the Senate floor. “If it is not reauthorized?… My guess is, if the program didn’t exist, they would still all have fences and barbed wire and protections against terrorism, because they want to protect their investment.”
As of this writing, the program’s statutory authority has remained lapsed since July 28. Since then, CISA has been encouraging chemical facilities to maintain strict safety standards voluntarily.
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This article was written by GovTrack Insider staff writer Jesse Rifkin.
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