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Brad Sherman on Corporations

Democratic Representative (CA-27)

 


Voted NO on workforce training by state block grants & industry partners.

Congressional Summary: Opponent's Argument for voting No:
    National League of Cities op-ed, "H.R. 803 fails because it would:"
  1. Undermine the local delivery system that has been the cornerstone of job training programs
  2. Establish a program that is based on political boundaries (states) rather than on economic regions and local labor markets, or the naturally evolving areas in which workers find paying work
  3. Eliminate a strong role for local elected officials but require that they continue to be fiscally liable for funds spent in their local areas
  4. Change what was once a program targeted to those most in need--economically disadvantaged adults and youth and special population groups like veterans, migrant farm workers, and low income seniors--into a block grant to governors
  5. Contribute to the emerging division between those American's who have the requisite skills to find employment and those who do not.
Reference: SKILLS Act; Bill H.R. 803 ; vote number 13-HV075 on Mar 15, 2013

Voted YES on letting shareholders vote on executive compensation.

Congressional Summary:

Corporate and Financial Institution Compensation Fairness Act: Amends the Securities Exchange Act to require that any proxy for an annual shareholders meeting provide for a separate shareholder vote to approve executive compensation for named executive officers. The shareholder vote shall not be:

  1. binding on the corporation
  2. construed as overruling a board decision, or as creating or implying any additional fiduciary duty by the board; or
  3. construed as restricting or limiting shareholder ability to place executive compensation proposals within proxy materials.

Proponent's argument to vote Yes:Rep. BARNEY FRANK (D, MA-4): The amount of wages is irrelevant to the SEC. What this bill explicitly aims at is the practice whereby people are given bonuses that pay off if the gamble pays off, but don't lose you anything if it doesn't. That is, there is a wide consensus that this incentivizes excessive risk.

Opponent's argument to vote No:Rep. SPENCER BACHUS (R, AL-6): True, the first 6 pages of the bill give the owners, the shareholders, a non-binding vote on the pay of top executives. But then come the next 8 pages, the switch, which gives the regulators the power to decide appropriate compensation for not only just top executives but for all employees of all financial institutions above $1 billion in assets and all without regard for the shareholders' prior approval. So under the guise of empowering shareholders, it is, in fact, the government that is empowered. And, finally, on page 15, the bill designates those same government entities which regulated AIG, Countrywide, and collectively failed to prevent the worst financial calamity since the Great Depression. This bill continues the Democrat majority's tendency to go to the default solution for every problem: create a government bureaucracy to make decisions better left to private citizens and private corporations.

Reference: Say-On-Pay Bill; Bill H.R.3269 ; vote number 2009-H686 on Jul 31, 2009

Voted YES on more funding for nanotechnology R&D and commercialization.

Congressional Summary:Extends funding for research and development topics, nanotechnology, project commercialization, prioritization of applications, and federal administration and oversight.

Proponent's argument to vote Yes:Rep. NYDIA VELÁZQUEZ (D, NY-12): We need jobs that cannot be shipped overseas and will not evaporate in the next cycle of boom and bust. But those jobs aren't going to appear out of thin air. They need to be created. By expanding existing industries and unlocking new ones, H.R. 2965 will generate the jobs we need. Job creation is the primary goal of R&D. But in order to generate new positions, we have to first develop new industries. Commercialization is critical to that process.

Opponent's argument to vote No:Rep. ED MARKEY (D, MA-7): I must oppose this bill because I have serious concerns about allowing SBIR awards to go to an unlimited number of businesses owned or controlled by venture capital (VC) firms. The SBIR program, responsible for over 60,000 patents, has always focused on innovation from truly small businesses for whom commercial capital market funding is typically not an option. However, with the change made in this bill, the SBIR program would be wide open to applicants that already are well-capitalized due to VC participation, crowding out the small businesses that have been the focus of the highly successful SBIR program.

While I support VC participation in the SBIR program, enabling an unlimited amount of large VC majority-owned firms to qualify for SBIR funding calls into question whether this program, intended for genuinely small businesses, is, in fact, still focused on these firms.

We should do everything in our power to strengthen small businesses that generate 70% of new jobs in our country. H.R 2965 does not do enough to ensure that small businesses are the focus of the SBIR program, and therefore I cannot support the bill.

Reference: Enhancing Small Business Research and Innovation Act; Bill S.1233&H.R.2965 ; vote number 2009-H486 on Jul 8, 2009

Voted YES on allowing stockholder voting on executive compensation.

To amend the Securities Exchange Act of 1934 to provide shareholders with an advisory vote on executive compensation [and as part of that process, fully disclosing executive compensation].

Proponents support voting YES because:

We should not deprive the public, the stockholders, from being able to do anything meaningful once they find out about scandalous levels of executive compensation or board compensation. Everyone talks about the corporate board as the remedy. But the board is often a part of the problem, being paid huge amounts of money for showing up once or twice a year at meetings.

Give the stockholders a meaningful remedy. Once you get the mandatory disclosure put in place by previous legislation, we are saying the stockholders should be allowed to have a referendum on that and not have a runaround by the board.

Opponents support voting NO because:

This vote is based on mischaracterization--it is an unnecessary amendment. The opportunity for these kinds of votes already exists within the structure of corporate governance right now. A good company from Georgia, AFLAC, went ahead and already has these nonbinding shareholder votes. But there is a difference between having individuals in the private sector, shareholders and individuals outside of the mandating of government to have it occur and have government come in with its heavy hand and say, this is exactly what you need to do because we know best. Our constituents know better how to act and how to relate to corporations than Washington.

Reference: Shareholder Vote on Executive Compensation Act; Bill H R 1257 ; vote number 2007-244 on Apr 20, 2007

Voted NO on replacing illegal export tax breaks with $140B in new breaks.

Vote to pass a bill that would repeal an export tax break for U.S. manufacturers ruled an illegal trade subsidy by the World Trade Organization, while providing for about $140 billion in new corporate tax cuts. Revenue raising offsets would decrease the cost of the bill to $34.4 billion over 11 years. It would consist of a buyout for tobacco farmers that could not go over $9.6 billion. It also would allow the IRS to hire private collection agencies to get back money from taxpayers, and require individuals who claim a tax deduction for a charitable donation of a vehicle to obtain an independent appraisal of the car.
Reference: American Jobs Creation Act; Bill HR 4520 ; vote number 2004-259 on Jun 17, 2004

Voted YES on Bankruptcy Overhaul requiring partial debt repayment.

Vote to pass a bill that would make it easier for courts to change debtors from Chapter 7 bankruptcy, which allows most debts to be dismissed, to Chapter 13, which requires a repayment plan.
Reference: Bill sponsored by Gekas, R-PA; Bill HR 333 ; vote number 2001-25 on Mar 1, 2001

Rated 30% by the US COC, indicating an anti-business voting record.

Sherman scores 30% by US Chamber of Commerce on business policy

Whether you own a business, represent one, lead a corporate office, or manage an association, the Chamber of Commerce of the United States of AmericaSM provides you with a voice of experience and influence in Washington, D.C., and around the globe.

Our members include businesses of all sizes and sectors—from large Fortune 500 companies to home-based, one-person operations. In fact, 96% of our membership encompasses businesses with fewer than 100 employees.

Mission Statement:

"To advance human progress through an economic, political and social system based on individual freedom, incentive, initiative, opportunity, and responsibility."
The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
Source: COC website 03n-COC on Dec 31, 2003

Expand lending caps for credit unions to small business.

Sherman co-sponsored Small Business Lending Enhancement Act

Congressional Summary:

Supporter's Comments: (by CUNA, a pro-credit union organization)
America's small businesses are the engine of growth of our nation's economy. The effects of the financial crisis of the past few years have spread to all types of lending, resulting in a reduction in the availability of business credit. At a time when banks are withdrawing credit from America's small businesses, credit unions have actually been expanding credit to small businesses, but with more credit unions approaching the cap, this growth is threatened. Congress should enact legislation which increases the credit union member business lending cap from 12.25% of assets to 27.5% for well-capitalized credit unions

Opponent's Comments: (by the Independent Community Banks of America, Nov. 15, 2012)
The tax-subsidized credit union industry is pressing for doubling the statutory cap Congress placed on member business loans. Shifting assets from tax-paying banks to tax-exempt credit unions would reduce tax revenue to the government; the CBO estimates the revenue impact at $354 million over 10 years. We believe that banks are currently meeting the needs of credit-worthy businesses, as substantiated by numerous business surveys.

Source: HR1418 /S2231 12-S2231 on Mar 22, 2012

Rated 100% by UFCW, indicating an anti-management/pro-labor record.

Sherman scores 100% by UFCW on labor-management issues

The United Food and Commercial Workers International Union (UFCW) is North America's Neighborhood Union--1.3 million members with UFCW locals in all 50 states, Puerto Rico and Canada. Our members work in supermarkets, drug stores, retail stores, meatpacking and meat processing plants, food processing plants, and manufacturing workers who make everything from fertilizer to shoes. We number over 60,000 strong with 25,000 workers in chemical production and 20,000 who work in garment and textile industries.

    The UFCW House scorecard is based on these key votes:
  1. (+) Extension of Trade Adjustment Assistance (TAA)
  2. (+) H. Am. 877 Bishop Am. to HR 3094, penalties for lawsuits against unionization
  3. (+) H. Am. 880 Jackson-Lee Am. to HR 3094, preventing delays in union votes
  4. (-) Middle Class Tax Relief and Job Creation Act, freezing public salaries
  5. (-) Regulation from the Executive in Need of Scrutiny (REINS) Act, for less corporate regulation
  6. (-) Repealing the Job-Killing Health Care Law Act
  7. (-) Workforce Democracy and Fairness Act, letting CEOs fire union organizers
Source: UFCW website 12-UFCW-H on May 2, 2012

Sponsored enforcing against corporate offshore tax haven banking.

Sherman co-sponsored Stop Tax Haven Abuse Act

Congressional Summary:Stop Tax Haven Abuse Act: to impose restrictions on foreign jurisdictions or financial institutions operating in the US that are of prime money laundering concern or that significantly impede US tax enforcement.

Proponent's argument for bill: (by Jubilee USA Network, a religious antipoverty organization):

"The religious community couldn't be more pleased with this vital legislation that protects poor people inside and outside our borders. This legislation means that corporations can't rob billions of dollars from poor people across the globe. A critical piece of the legislation is country-by-country reporting of corporate payments to governments. Reporting at this level sheds light on the tax dodging that hurts all of us."

Source: H.R.1554 / S.268 13-H1554 on Apr 15, 2013

Corporate political spending is not free speech.

Sherman signed Constitutional Amendment to overturn Citizens United

Constitutional Amendment

  1. Whereas the right to vote in public elections belongs only to natural persons, so shall the ability to make contributions and expenditures to influence the outcome of public elections belong only to natural persons.
  2. Nothing in this Constitution shall be construed to restrict the power of Congress and the States to protect the integrity and fairness of the electoral process, limit the corrupting influence of private wealth in public elections, and guarantee the dependence of elected officials on the people alone by taking actions which may include the establishment of systems of public financing for elections, or the imposition of requirements to ensure the disclosure of [election] contributions and expenditures.
  3. Nothing in this Article shall be construed to alter the freedom of the press.

Opponents recommend voting NO because:[Supreme Court majority opinion in Citizens United v. Federal Election Commission, for which the Constitutional Amendment is proposed as a remedy. The FEC had ruled that the movie "Hillary", released in 2008 to persuade voters against Hillary Clinton, was illegal because it was a disguised campaign contribution made by a corporation. The Supreme Court overruled the FEC]:

Modern day movies might portray public officials in unflattering ways. Yet if a covered transmission [is broadcast] during the blackout period, a felony occurs solely because a corporation, [instead of a candidate or donors, paid] in order to engage in political speech. Speech would be suppressed in the realm where its necessity is most evident: in the public dialogue preceding a real election. Governments are often hostile to speech, but it seems stranger than fiction for our Government to make this political speech a crime. Some members of the public might consider Hillary to be insightful and instructive; some might find it to be [unfair]; those assessments, however, are not for the Government to make.

Source: H.J.RES.34 / S.J.RES.11 14_HJR34 on Mar 12, 2013

Deregulating banks encourages discriminatory practices.

Sherman voted NAY Banking Bill

Congressional Summary:

Supporting press release from Rep. Tom Emmer (R-MN-6): This legislation will foster economic growth by providing relief to Main Street, tailor regulations for better efficacy, and most importantly it will empower individual Americans and give them more opportunity.

Opposing statement on ProPublica.org from Rep. Gregory Meeks (D-NY-5): The bill includes many provisions I support: minority-owned banks and credit unions in underserved communities have legitimate regulatory burden concerns. Unfortunately, exempting mortgage disclosures enacted to detect discriminatory practices will only assist the Trump Administration in its overall effort to curtail important civil rights regulations. I simply cannot vote for any proposal that would help this Administration chip away at laws that I and my colleagues worked so hard to enact and preserve.

Legislative outcome: Passed House 258-159-10 on May 22, 2018(Roll call 216); Passed Senate 67-31-2 on March 14, 2018(Roll call 54); Signed by President Trump. May 24, 2018

Source: Congressional vote 16-S2155 on Mar 14, 2018

Reducing tax rates balloons federal deficit & cuts programs.

Sherman voted NAY Tax Cuts and Jobs Act

Summary by GovTrack.US: (Nov 16, 2017)

Case for voting YES by Heritage Foundation (12/19/17):This is the most sweeping update to the US tax code in more than 30 years. The bill would lower taxes on businesses and individuals and unleash higher wages, more jobs, and untold opportunity through a larger and more dynamic economy. The bill includes many pro-growth features, including a deep reduction in the corporate tax rate, a scaled-back state and local tax deduction, full expensing for five years, and lower individual tax rates.

Case for voting NO by Sierra Club (11/16/17): Republicans have passed a deeply regressive tax plan that will result in painful cuts to core domestic programs, to give billionaires and corporate polluters tax cuts while making American families pay the price. Among the worst provisions:

  • This plan balloons the federal deficit by over $1.5 trillion. Cutting taxes for the rich now means cuts to the federal budget and entitlements later.
  • The bill hampers the booming clean energy economy by ending tax credits for the purchase of electric vehicles and for wind and solar energy.
  • The bill opens up the Arctic Refuge to drilling, a thinly veiled giveaway to the fossil fuel industry.

    Legislative outcome: Passed House, 224-201-7, roll call #699 on 12/20; passed Senate 51-48-1, roll call #323 on 12/20; signed by Pres. Trump on 12/22.

    Source: Congressional vote 17-HR1 on Nov 16, 2017

    Sponsored bill for corporate transparency.

    Sherman voted YEA The Corporate Transparency Act

    GovTrack.us Summary: Corporate Transparency Act (CTA): To ensure that persons who form corporations or limited liability companies disclose the owners, in order to prevent exploitation for criminal gain, to assist law enforcement against terrorism, money laundering, and other misconduct.

    Statement in support by Rep. Charlie Crist (D-FL-13): This bipartisan bill closes the shell corporation loophole by requiring identification of the actual person or persons who stand to gain financially from the arrangement. "Each year, nearly two million corporations are formed in the U.S., often requiring less information about the owner of than is needed to open a bank account. Unfortunately, this has allowed bad actors to exploit our laws--establishing shell companies that are used as a vehicle for money launderers and human traffickers," said Rep. Crist.

    Statement in opposition by The Heritage Foundation: Under the CTA, religious organizations and charities would be subject to fines unless they file a written certification with the Financial Crimes Enforcement Network. The CTA is easily and lawfully avoided by the sophisticated, and would do virtually nothing to achieve their stated aim of protecting society from illicit finance. The Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings Act [ILLICT CASH Act, the Republican-introduced alternative] makes meaningful improvements to other aspects of anti–money laundering laws.

    Legislative outcome: Bill Passed House, 249-173-10 on Rollcall no. 577, Oct. 22, 2019. [The 116th Congress terminated with no Senate action on this bill].

    Source: Congressional vote 19-HR2513 on May 3, 2019

    2021-22 Governor, House and Senate candidates on Corporations: Brad Sherman on other issues:
    CA Gubernatorial:
    Antonio Villaraigosa
    Brian Dahle
    Caitlyn Jenner
    Carly Fiorina
    David Hadley
    Delaine Eastin
    Doug Ose
    Eric Garcetti
    Eric Swalwell
    Gavin Newsom
    Hilda Solis
    Jerry Brown
    Jerry Sanders
    John Chiang
    John Cox
    Kamala Harris
    Kevin Faulconer
    Kevin Paffrath
    Larry Elder
    Laura Smith
    Neel Kashkari
    Rob Bonta
    Travis Allen
    Xavier Becerra
    CA Senatorial:
    Dianne Feinstein
    Duf Sundheim
    Greg Brannon
    Kamala Harris
    Kevin de Leon
    Loretta Sanchez
    Michael Eisen
    Rocky Chavez
    Tom Del Beccaro
    Open Seats / Turnovers 2022:
    AL-5: Mo Brooks (R) running for AL Senator
    CA-37: Karen Bass (D) running for mayor of Los Angeles
    FL-10: Val Demings (D) running for FL Senator
    FL-13: Charlie Crist (D) running for FL governor
    HI-2: Kai Kahele (D) running for MD governor
    MD-4: Anthony G. Brown (D) running for attorney general of Maryland
    MO-4: Vicky Hartzler (R) running for MO Senator
    MO-7: Billy Long (R) running for MO Senator
    NY-1: Lee Zeldin (R) running for NY governor
    NY-3: Thomas Suozzi (D) running for NY governor
    NC-8: Ted Budd (R) running for NC Senator
    NC-11: Madison Cawthorn (R) Incumbent lost renomination
    OH-13: Tim Ryan (D) running for OH Senator
    OK-2: Markwayne Mullin (R) running for OK Senator
    OR-5: Kurt Schrader (D) Incumbent lost renomination
    PA-17: Conor Lamb (D) running for PA Senator
    SC-7: Tom Rice (R) Incumbent lost renomination
    TX-1: Louie Gohmert (R) running for attorney general of Texas
    VT-0: Peter Welch (D) running for VT Senator

    Special Elections 2021:
    LA-2: Troy Carter (R, April 2021)
    LA-5: Julia Letlow (R, March 2021)
    NM-1: Melanie Stansbury (D, June 2021)
    OH-11: Shontel Brown (D, Nov. 2021)
    OH-15: Mike Carey (R, Nov. 2021)
    TX-6: Jake Ellzey (R, July 2021)
    Hot Races 2022:
    CA-27: Christy Smith (D) vs. Mike Garcia (R)
    FL 27: Annette Taddeo (D) vs. Maria Elvira Salazar (R)
    GA-7: Carolyn Bourdeaux (D) lost redistricting race to Lucy McBath (D)
    GA-10: Vernon Jones(R) vs. Paul Broun (R,lost May 24 primary) to replace Jody Hice (R) running for Secretary of GA
    ME-2: Bruce Poliquin (R) rematch against Jared Golden (D)
    MI-10: John James (R) - running for newly redistricted seat
    MI-11: Andy Levin (D) redistricted to face Haley Stevens (D)
    MT 1: Ryan Zinke (R) - running for newly created seat
    MT-2: Al Olszewski(R) vs. Sam Rankin(Libertarian) vs. Matt Rosendale(R)
    NJ-7: Thomas Kean Jr. (R) challenging Tom Malinowski (R)
    NY-10: Bill de Blasio (D) challenging Mondaire Jones (D)
    NY-11: Max Rose (D) challenging Nicole Malliotakis (R)
    NY 12: Carolyn Maloney (D) redistricted to face Jerry Nadler (D)
    RI-2: Seth Magaziner (D) vs. Allan Fung (R)
    RI-1: Allen Waters (R) vs. David Cicilline (D)
    TX-34: Mayra Flores (R) - Elected SPEL June 2022; general election Nov. 2022 against Vicente Gonzalez (D)
    WA-4: Brad Klippert (R) challenging Dan Newhouse (R)
    WV-2: David McKinley lost a redistricting race to fellow incumbent Alex Mooney

    Special Elections 2022:
    AK-0: Sarah Palin (R) vs. Al Gross (Independent)
    CA-22: Connie Conway (R) replaced Devin Nunes on June 7.
    FL-20: Sheila Cherfilus-McCormick (D) replaced Alcee Hastings on Jan. 11.
    MN-1: vacancy left by Jim Hagedorn (R), deceased Feb. 17; SPEL on August 9.
    NE-1: Jeffrey Fortenberry (R) Resigned on March 31, after being convicted; Mike Flood (R) in SPEL on June 28.
    NY-19: Marc Molinaro (R) running for SPEL Aug. 23 for seat vacated by Antonio Delgado (D), now Lt.Gov.
    TX-34: Mayra Flores (R) SPEL June 14 for seat vacated by Filemon Vela Jr. (D)
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