David Kustoff

David Kustoff

  • R-TN, 8th District2017 – present
David Kustoff's photo

Score (Avg: 63%)

YearScore
201779%
201827%

Key Voting Record

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Voted with FreedomWorks principlesAnti-Freedom Vote

Key Vote Description

Legislator Score / Vote

2018: 115th Congress 27%

  • 1: On Agreeing to the Amendment: Amash Amendment (USA RIGHTS Act) to S. 139Nay

    Key Vote 1: On Agreeing to the Amendment: Amash Amendment (USA RIGHTS Act) to S. 139

    The USA RIGHTS Act would prohibit the Federal Bureau of Investigation (FBI) from querying information gathered through Section 702 of the Foreign Intelligence Surveillance Act (FISA) without obtaining a warrant. It would also provide narrow exceptions, such as the case of life-threatening emergencies or if the target has consented to a query followed by a warrant. The amendment codifies the Foreign Intelligence Surveillance Court’s (FISC) ban on “abouts” collection. The National Security Agency (NSA) was forced to end “abouts” collection after the FISC determined that it was inconsistent with the Fourth Amendment. Additionally, the USA RIGHTS Act, sponsored as an amendment to S. 139 as an amendment by Rep. Justin Amash (R-Mich.), would prohibit reverse targeting, the collection of domestic communications, and the use of information obtained through Section 702 in criminal and civil court cases. It also brings a number of other important reforms to strengthen the oversight of the FISC and promote transparency.

    "Yea" votes scored. Double Score
  • 2: On Passage: FISA Amendments Reauthorization Act, S. 139Yea

    Key Vote 2: On Passage: FISA Amendments Reauthorization Act, S. 139

    Despite some tweaks to the original text produced by the House Select Committee on Intelligence, the FISA Amendments Reauthorization Act continues to represent an assault on the Fourth Amendment. The Bill of Rights is a cornerstone of our constitutional republic, and crucial to defending the civil liberties of all American citizens. FISA has caused damage to the Fourth Amendment for years, and now is a critical time to support genuine reform, such as the USA RIGHTS Act. The revised version of the FISA Amendments Reauthorization Act remains the exact opposite of reform, and it is worse than current law. The bill would continue the backdoor search, with an utterly meaningless “warrant requirement.” The caveats proposed to this purported “warrant requirement” are an end-run around the Fourth Amendment. The bill provides a path for the National Security Agency (NSA) to restart the practice of “abouts” collection. This means if a U.S. person mentions a potential surveillance target in a communication, the NSA can collect it, regardless of whether or not the U.S. person was communicating with anyone associated with the target. When the NSA was forced to end “abouts” collection, a judge on the Foreign Intelligence Surveillance Court (FISC) wrote that the practice raised “a very serious Fourth Amendment issue.” The judge also criticized the NSA for “an institutional lack of candor” for failing to disclose rule violations.

    "Nay" votes scored. Double Score
  • 3: DeSantis-Budd Letter Urging a Public Vote to Reinstate EarmarksNay

    Key Vote 3: DeSantis-Budd Letter Urging a Public Vote to Reinstate Earmarks

    Reps. Ron DeSantis (R-Fla.) and Ted Budd (R-N.C.) have spearheaded a letter that urges House Republican leaders to hold a public vote to reinstate earmarks, should the House Republican Conference move forward on the tone-deaf notion of reinstating earmarks. Put simply, there must be a public and transparent process, including a recorded vote. The American public has a right to know which members are voting to reopen the favor factory by bringing back this currency of corruption. (Signers updated as of February 14, 2018.)

    "Yea" votes scored.
  • 4: On Motion to Concur: Bipartisan Budget Act, H.R. 1892Yea

    Key Vote 4: On Motion to Concur: Bipartisan Budget Act, H.R. 1892

    The Schumer-McConnell spending deal, the Bipartisan Budget Act, is the worst-case scenario for fiscal conservatives under a Democratic president and Democrat-controlled Congress, but it is happening under a Republican president and Republican Congress. This is reckless spending, and a massive tax hike on future generations, made under the guise of “bipartisan negotiations.” This is deceitful, aggressive overspending by those elected to protect taxpayers. Leaving Americans with higher budget deficits likely over $1 trillion, and a national debt that will balloon to over $21 trillion, is no way to govern, and its weight falls squarely on the shoulders of taxpayers. This deal makes clear that Republicans only care about deficits and out-of-control federal spending under a Democratic president. With a Republican president and Republican control of the House and Senate, there is no other conclusion that one can possibly draw.

    "Nay" votes scored. Triple Score
  • 5: On Agreeing to the Amendment: Walters Amendment to H.R. 1865Nay

    Key Vote 5: On Agreeing to the Amendment: Walters Amendment to H.R. 1865

    The Walters amendment would establish that Section 230 of the CDA does not impair or limit actions taken against internet service providers for sex trafficking cases in which an internet service provider “knowingly assist[s], support[s], or facilitat[es]” a violation of sex trafficking laws. For something that sounds reasonable, it is quite the opposite. The inclusion of an overbroad “knowledge” standard has been abused again and again in other areas, such as copyright law, and will undoubtedly be abused in this case. Even if passed, there is strong reason to believe that the law would be ineffective, and even counterproductive. The abusable “knowledge” standard actually will actually have the opposite of its intended effect -- disincentivizing those already working proactively to monitor content online to stop sex trafficking, by opening up their practices to legal liabilities.

    "Nay" votes scored.
  • 6: On Passage: Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act, H.R. 5247Yea

    Key Vote 6: On Passage: Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act, H.R. 5247

    The Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act amends federal law that currently prohibits the production and prescription of potentially lifesaving drugs that have already cleared the initial phase of the FDA’s approval process to allow certain patients with a terminal illness or a life-threatening condition access to these drugs. It also provides protection for manufacturers and prescribers from liability.

    "Yea" votes scored.
  • 7: On Motion to Concur in the Senate Amendment with an Amendment: Consolidated Appropriations Act, H.R. 1625Yea

    Key Vote 7: On Motion to Concur in the Senate Amendment with an Amendment: Consolidated Appropriations Act, H.R. 1625

    Process aside, the spending levels appropriated in the bill are nothing short of fiscally disastrous. In February, Congress passed the Bipartisan Budget Act, H.R. 1892. This two-year budget agreement blew through the spending caps by nearly four times more than the 2013 two-year budget deal and nearly five times more than the 2015 two-year budget deal. This omnibus is an extension of the Bipartisan Budget Act. It appropriates discretionary spending at $1.291 trillion – $700 billion for defense and $591 billion for nondefense – which is $143 billion above the spending levels, or caps, established by the Budget Control Act for discretionary spending levels.

    "Nay" votes scored.
  • 8: On Agreeing to the King Amendment to FAA Reauthorization, H.R. 4Did Not Vote

    Key Vote 8: On Agreeing to the King Amendment to FAA Reauthorization, H.R. 4

    The King amendment prevents the wage requirement of the Davis-Bacon Act from applying to federal construction projects. The Davis-Bacon Act, passed in 1931 was intended to prevent any non-union groups from being able to compete for government contracts. It stipulates that workers on these projects be paid a “prevailing wage,” which is an arbitrary metric that unions have a hand in creating. This anti-competitive provision prevents private companies from being legally able to underbid unions on prices. This artificially inflates the price of federal construction projects. Money goes into union coffers, and comes out of taxpayers’ pockets. Given federal spending problems, this amendment is essential to cutting costs in an area with far too much waste.

    "Yea" votes scored.
  • 9: On Agreeing to the McClintock Amendment to FAA Reauthorization, H.R. 4Did Not Vote

    Key Vote 9: On Agreeing to the McClintock Amendment to FAA Reauthorization, H.R. 4

    The McClintock amendment would strike section 451 of the bill, which authorizes the Essential Air Service (EAS). The original purpose of EAS was to be a small program dedicated to ensuring rural communities had access to some form of air service after the airline deregulation of the 1970s. However, it has since ballooned into a wasteful program that costs taxpayers hundreds of millions of dollars every year.

    "Yea" votes scored.
  • 10: On Passage: Indirect Auto Lending CRA Resolution of Disapproval, S.J.Res. 57Yea

    Key Vote 10: On Passage: Indirect Auto Lending CRA Resolution of Disapproval, S.J.Res. 57

    The passage of this CRA would do nothing to change the prohibition against discrimination in the Equal Credit Opportunity Act that the guidance cites. It would simply roll back the gross regulatory overreach of the CFPB in claiming for itself -- behind closed doors and a screen of smoke -- a power that Congress, in the law that created the CFPB, explicitly banned the CFPB from having. As Sen. Jerry Moran (R-Kan.) said prior to the Senate vote, the CFPB “had to work its magic to find a way to regulate auto dealers.” Good governing is done through accountable and transparent processes, not magic.

    "Yea" votes scored.
  • 11: On Agreeing to the Amendment: Foxx Sugar Modernization Yea

    Key Vote 11: On Agreeing to the Amendment: Foxx Sugar Modernization

    Sponsored by Rep. Virginia Foxx (R-N.C.) and a group of nine other bipartisan legislators, this amendment reforms U.S. sugar policy. Raw sugar in the U.S. currently costs 84 percent more than it does on the world market. This is because of almost Soviet levels of government controls placed on the domestic sugar market that limits imports and production. This increases prices on consumers and makes it difficult for candy companies to maintain operations in America. The sugar modernization amendment is a long overdue reversal of this disturbing, protectionist trend.

    "Yea" votes scored.
  • 12: On Agreeing to the Amendment: McClintock Phase Out of Agriculture SubsidiesNay

    Key Vote 12: On Agreeing to the Amendment: McClintock Phase Out of Agriculture Subsidies

    Sponsored by Rep. Tom McClintock, this amendment would phase out agricultural subsidies over a ten to twelve year period. A large portion of the agricultural community currently exists with minimal or no subsidies. The subsidies that do exist are wasteful, and prop up the top farms, and people who aren’t actually farmers. This proposal is a big step towards getting our agriculture policy in line with the free market, and towards a more fiscally responsible government.

    "Yea" votes scored.
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