Jack Kingston on Government Reform

The bill's proponents say:
• 527s' primary purpose is to influence the election or defeat of a Federal candidate. They have to file with the FEC because after Watergate in 1974 this Congress passed a law that said if you are going to have a political committee whose primary purpose is to influence an election, then they have to register with the FEC.
• The FEC ignored 30 years of congressional actions and Supreme Court jurisprudence in allowing 527s to evade the law. In short, the FEC failed to do its job and regulate 527s as required under the Watergate statute.

Voted YES on prohibiting lawsuits about obesity against food providers.

• Prohibit such lawsuits in this act in federal or state courts
• Dismiss any pending lawsuits upon this bill's enactment
• Maintain an individual's right to bring a lawsuit to court for false marketing, advertising or labeling of food when such information led to injury, obesity or weight gain

Voted YES on limiting attorney's fees in class action lawsuits.

1. a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate;
2. a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or
3. a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.

Voted YES on restricting frivolous lawsuits.

1. require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, sanctions are discretionary);
2. disallow the withdrawal or correction of pleadings to avoid sanctions;
3. require courts to award parties prevailing on motions reasonable expenses and attorney's fees, if warranted;
4. authorize courts to impose sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and
5. make the discovery phase of litigation subject to sanctions.

Voted NO on campaign finance reform banning soft-money contributions.

Voted YES on banning soft money donations to national political parties.

Restrict lobbyist gifts & disclose lobbyist info on Internet.

EXCERPTS OF BILL:

• Title I: Enhancing Lobbying Disclosure: Requires...
  1. quarterly instead of semiannual filing of lobbying disclosures reports;
  2. an annual report on registered lobbyists' contributions;
  3. maintenance of lobbying information in an electronic database, available to the public free of charge over the Internet;
  4. disclosure by registered lobbyists of all past executive and congressional employment; and
  5. disclosure of registered lobbyists' payments or reimbursements for travel and related expenses of government officials.
• Title II: Oversight of Ethics and Lobbying: annual report to Congress on lobbying registration and reports for compliance or noncompliance by lobbyists and their clients.
• Title III: Slowing the Revolving Door - Extends from one to two years the ban on lobbying contacts by former Members of Congress, and officers of the legislative branch; and prohibits former Congressional employees, within one year after leaving office, from making lobbying contacts with a Member or employee of Congress.
• Title IV: Ban on Provision of Gifts or Travel by Lobbyists in Violation of the Rules of Congress: Prohibits a registered lobbyist from making a gift or providing travel to a Member or employee of Congress, unless the gift or travel may be accepted under the rules of the House or the Senate.
• Title V: Commission to Strengthen Confidence in Congress Act of 2006 - Establishes a Commission to report to Congress on congressional ethics requirements and to recommend improvements to ethical safeguards.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Governmental Affairs; Placed on Senate Legislative Calendar No. 369; never came to a vote.

Sunset Act: review every federal agency every 12 years.

Establishes the Federal Agency Sunset Commission to:
1. submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency;
2. review and evaluate the efficiency and public need for each agency using specified criteria;
3. recommend whether each agency should be abolished or reorganized; and
4. report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency.
5. Terminates the Commission on December 31, 2033.

No recess appointments without Congressional approval.

Congressional Summary: Resolution Disapproving of the President's appointment of four officers during a period when no recess of the Congress for a period of more than three days and expressing that those appointments were made in violation of the Constitution.

Text of Resolution:

• Whereas the Constitution states, 'Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days';
• Whereas, on January 4, 2012, President Barack Obama appointed Richard Cordray to be the Director of the Bureau of Consumer Financial Protection and appointed Sharon Block, Terence Flynn, and Richard Griffin to the National Labor Relations Board; and
• Whereas these appointments broke the long-established precedent of Congress being in recess for more than three days before the President can make a recess appointment:
• Now, therefore, be it Resolved, That the House of Representatives disapproves of the President's appointment of four officers when no recess of the Congress for a period of more than three days was authorized.

OnTheIssues Notes:Pres. Obama attempted to appoint Elizabeth Warren to the Consumer Financial Protection Bureau in May 2011; House Republicans disapproved of Ms. Warren. House Speaker John Boehner disallowed the Senate's adjournment resolution, which meant the Senate was legally not adjourned and Pres. Obama could not make a "recess appointment" which would otherwise be allowed. This Resolution brings the issue to the fore again, for another set of Obama appointments for which House Republicans disapprove.

Signed term limit pledge: 6 years House; 12 years Senate.

Organizational Self-Description: U.S. Term Limits, the nation's oldest and largest term limits advocacy group, announced that 14 new signers of its congressional term limits amendment pledge have been elected to the 114th Congress. The group includes five new senators, eight new House members and one House incumbent who signed the pledge for the first time this cycle. The pledge calls for members to co-sponsor and vote for a constitutional amendment limiting House members to three terms (six years) and Senators to two terms (12 years). The USTL President said, "The American people are fed up with career politicians in Washington and strongly embracing term limits as a remedy. Gallup polling shows that 75% of Americans support term limits."

Opposing legal argument: [ACLU, Nov. 7, 2014]: In U.S. Term Limits v. Thornton (May 22, 1995), the Court ended the movement to enact term limits for Congress on a state-by-state basis. The Court held that the qualifications for Congress established in the Constitution itself could not be amended by the states without a constitutional amendment, and that the notion of congressional term limits violates the "fundamental principle of our representative democracy 'that the people should chose whom they please to govern them.'"

Opposing political argument: [Cato Institute Briefing Paper No. 14, Feb. 18, 1992]: Several considerations may explain political scientists' open hostility to term limitation:

• Political scientists were instrumental in promoting the professionalization of legislators.
• They are cynical about the attentiveness, general knowledge, and judgmental capacity of the average voter.
• They are committed to the conservation of leadership.
• They perceive attacks on professional politicians as a threat to their own self-proclaimed professionalism.
• And political partisanship may encourage them to oppose term limits.

Limit punitive damages; term limits on Congress.

[As part of the Contract with America, within 100 days we pledge to bring to the House Floor the following bills]:

The Common Sense Legal Reforms Act:
“Loser pays” laws, reasonable limits on punitive damages, and reform of product liability laws to stem the endless tide of litigation.

The Citizen Legislature Act:A first-ever vote on term limits to replace career politicians with citizen legislators.

Government is too big, too intrusive, too easy with money.

This year’s election offers the chance, after four decades of one-party control, to bring to the House a new majority that will transform the way Congress works. That historic change would be the end of government that is too big, too intrusive, and too easy with the public’s money. It can be the beginning of a Congress that respects the values and shares the faith of the American family.

Like Lincoln, our first Republican president, we intend to act “with firmness in the right, as God gives us to see the right.” To restore accountability to Congress. To end its cycle of scandal and disgrace. To make us all proud again of the way free people govern themselves.

On the first day of the 104th Congress, the new Republican majority will immediately pass the following major reforms, aimed at restoring the faith and trust of the American people in their government:
1. Require all laws that apply to the rest of the country also apply equally to the Congress;
2. Select a major independent auditing firm to conduct a comprehensive audit of Congress for waste, fraud, and abuse;
3. Cut the number of House committees, and cut committee staff by one-third;
4. Limit the terms of all committee chairs;
5. Ban the casting of proxy votes in committee;
6. Require committee meetings to be open to the public;
7. Require a three-fifths majority vote to pass a tax increase
8. Guarantee an honest accounting of our federal budget by implementing zero baseline budgeting.