Michael McCaul 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.

Prohibit non-legislated earmarks.

OFFICIAL CONGRESSIONAL SUMMARY: A bill to prohibit Federal agencies from obligating funds for appropriations earmarks included only in congressional reports.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bill would prohibit Federal agencies from obligating funds which have been earmarked only in congressional reports. This legislation is designed to help reign in unauthorized, unrequested, run-of-the-mill pork barrel projects.

Report language does not have the force of law. That fact has been lost when it comes to appropriations bills and reports. It has become a standard practice to load up committee reports with literally billions of dollars in unrequested, unauthorized, and wasteful pork barrel projects.

We simply must start making some very tough decisions around here if we are serious about improving our fiscal future. It is simply not fiscally responsible for us to continue to load up appropriations bills with wasteful and unnecessary spending, and good deals for special interests and their lobbyists. We have had ample opportunities to tighten our belts in this town in recent years, and we have taken a pass each and every time. We can't put off the inevitable any longer.

LEGISLATIVE OUTCOME:Referred to Senate Subcommittee on Federal Financial Management & Government Information; hearings held; never came to a vote.

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.

Identify constitutionality in every new congressional bill.

The Contract from America, clause 1. Protect the Constitution:

Require each bill to identify the specific provision of the Constitution that gives Congress the power to do what the bill does.

Audit federal agencies, to reform or eliminate them.

The Contract from America, clause 5. Restore Fiscal Responsibility & Constitutionally Limited Government in Washington:

Create a Blue Ribbon taskforce that engages in a complete audit of federal agencies and programs, assessing their Constitutionality,

Moratorium on all earmarks until budget is balanced.

The Contract from America, clause 9. Stop the Pork:

Place a moratorium on all earmarks until the budget is balanced, and then require a 2/3 majority to pass any earmark.

Member of House Committee on Ethics.

The House Ethics Committee's functions revolve around the standards of ethical conduct for members of the House. Under this authority, it:

• Agrees on a set of rules that regulate what behavior is considered ethical for members (rules relating to gifts, travel, campaign activities, treatment of staff, conflicts of interest, etc.)
• Conducts investigations into whether members have violated these standards
• Makes recommendations to the whole House on what action, if any, should be taken as a result of the investigations (e.g. censure, expulsion from the House, or nothing, if the member is found not to be violating a rule)
• Provides advice to members before they (the members) take action, so as to avoid uncertainty over ethical culpability.

In response to criticism of the House Ethics Committee, the House created the Office of Congressional Ethics (OCE), an independent non-partisan entity established to monitor ethical conduct in the House.

Require defining constitutional authority for every new law.

Congressional Summary: Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber of Congress.

Constitutional Authority for This Act- This Act is enacted pursuant to the power granted Congress under article I, section 8, clause 18, of the United States Constitution and the power granted to each House of Congress under article I, section 5, clause 2, of the United States Constitution.

Ban stock trading based on Congressional insider knowledge.

Congressional Summary:Stop Trading on Congressional Knowledge Act (STOCK Act): Amends the Securities Exchange Act and the Commodity Exchange Act to prohibit purchase or sale of either securities or commodities by a person in possession of material nonpublic information regarding pending or prospective legislative action.

• Amends the Ethics in Government Act to require formal disclosure of certain securities and commodities futures transactions.
• Amends the Lobbying Disclosure Act to subject to its registration, reporting, and disclosure requirements all political intelligence activities, contacts, firms, and consultants.

Bill explanation (ProCon.org, "Insider Trading by Congress", Feb. 3, 2012):

• On Mar. 17, 2011, Tim Walz (D-MN) introduced the STOCK Act where it gained nine co-sponsors by Nov. 4, 2011.
• On Nov. 13, 2011, the TV show "60 Minutes" reported that several members of Congress allegedly used insider information for personal gain. The STOCK Act received 84 additional House co-sponsors in the five days following the report, and Scott Brown (R-MA) filed the STOCK Act in the Senate on Nov. 15, 2011. Kirsten Gillibrand (D-NY) also filed a variation of the STOCK Act in the Senate on Nov. 17, 2011.
• On Jan. 24, 2012, in his State of the Union Address, President Obama said "Send me a bill that bans insider trading by members of Congress, and I will sign it tomorrow."
• Immediately after the speech, Senate Majority Leader Harry Reid (D-NV) told reporters, "I think people should have enough sense not to do it [insider trading] without legislation, but I will support legislation."
• On Feb. 2, 2012, a revised version of the STOCK Act passed in the Senate by a vote of 96-3 with Senators Richard Burr (R-NC), Tom Coburn (R-OK), and Jeff Bingaman (D-NM) dissenting.

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.

More reporting, more watchdogs, and more oversight.

INCREASE TRANSPARENCY FOR TAXPAYERSMake the government catch up with the times by publishing more data about how it does the people's business. Sunlight really is the best disinfectant.

• Publish more data on the money the government spends and so the taxpayers can better scrutinize where their money is going. All data should be published in an accessible, searchable, and reliable format.
• Link financial data to performance data across the government so taxpayers know what programs are working—and what programs are not.
• Toughen subpoena power to require the executive branch to cooperate with congressional investigations.

• Simplify the complicated by writing legislation in plain language and with clear instructions to bureaucrats to prevent excessive regulations.
• Expedite legal action against the executive branch to clear up disputes surrounding the separation of powers.
• Let the watchdogs work by giving inspectors general more authority to go after fraud.
• Crowdsource oversight by strengthening the Freedom of Information Act and the preservation of records.

No holiday on election day; no same-day registration.

• This bill expands voter registration and voting access, makes Election Day a federal holiday, and limits removing voters from voter rolls.
• The bill provides for states to establish independent, nonpartisan redistricting commissions.
• The bill also sets forth provisions for sharing intelligence information with state election officials, and supporting states in securing their election systems, and establishing the National Commission to Protect U.S. Democratic Institutions.
• This bill addresses campaign spending, by expanding the ban on foreign nationals contributing to or spending on elections; and expanding disclosure rules.
• This bill establishes an alternative campaign funding system [with] federal matching of small contributions for qualified candidates.
• The bill also requires candidates for President and Vice President to submit 10 years of tax returns.

Opposing argument from the Heritage Foundation, 2/1/2019: HR1 federalizes and micromanages the election process administered by the states, imposing unnecessary mandates on the states and reversing the decentralization of the American election process. What HR1 Would Do:

• Seize the authority of states to regulate the voting process by forcing states to implement early voting, automatic voter registration, same-day registration, online voter registration, and no-fault absentee balloting.
• Make it easier to commit fraud at the polls through same-day registration, as election officials have no time to verify the accuracy of voter registration.
• Degrade the accuracy of registration lists by automatically registering individuals from state databases, such as DMV.
• Cripple the effectiveness of state voter ID laws by allowing individuals to vote without an ID and merely signing a statement in which they claim they are who they say they are.

Legislative outcome: Passed House 234-193-5 on 3/8/19; received with no action in Senate thru 12/31/2019

Require all laws to cite Constitutional authorization.

A bill to require Congress to specify the source of authority under the United States Constitution for the enactment of laws.

Each Act of Congress shall contain a concise explanation of the specific constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief.

Constitutional Authority for This Act: This Act proposes to establish new procedures by which legislation shall be considered by Congress and is enacted pursuant to the power granted Congress under article I, section 5, clause 2, of the United States Constitution establishing that each House may determine the rules of its proceedings.

Repeal automatic Congressional pay raises.

A bill to prevent Members of Congress from receiving any automatic pay adjustment in 2010.

For purposes of the provision of law amended by section 704(a)(2)(B) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 2010 in the rates of pay under the General Schedule.

Oppose expanding voter registration and voter access.

S.1 and H.R.1: For the People Act: This bill addresses voter access, election integrity and security, campaign finance, and ethics for the three branches of government:

• The bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting).
• It also limits removing voters from voter rolls.
• The bill requires states to establish independent redistricting commissions to carry out congressional redistricting.
• The bill requires the President, the Vice President, and certain candidates for those offices to disclose 10 years of tax returns.

Sen. John Thune in OPPOSITION (9/22/21): This radical legislation would provide for a massive federal takeover of our electoral system, chill free speech, and turn the Federal Election Commission--the primary enforcer of election law in this country--into a partisan body. This radical legislation would undermine state voter ID laws and make it easier for those here illegally to vote.

And, most of all, it would put Washington, not state governments, in charge of elections--for no reason at all. There is no systemic problem with state election laws. And state election officials do not need Washington bureaucrats dictating how many days of early voting they should offer, or how they should manage mail-in ballots.

Biden Administration in SUPPORT (3/1/21): In the wake of an unprecedented assault on our democracy, a never before seen effort to ignore, undermine, and undo the will of the people, and a newly aggressive attack on voting rights taking place right now all across the country, this landmark legislation is urgently needed to protect the fundamental right to vote and the integrity of our elections, and to repair and strengthen American democracy.

Legislative Outcome: Passed House 220-210-2 on March 3, 2021 (rollcall #62); received in the Senate on March 11; no further Senate action during 2021.

Don't impeach President Trump for events of Jan. 6.

GovTrack.us summary of H.Res.24: Article of Impeachment Against Former President Donald John Trump:

The House impeached President Trump for the second time, charging him with incitement of insurrection. The impeachment resolution accused the President of inciting the violent riot that occurred on January 6, when his supporters invaded the United States Capitol injuring and killing Capitol Police and endangering the safety of members of Congress. It cites statements from President Trump to the rioters such as `if you don't fight like hell you're not going to have a country anymore,` as well as persistent lies that he won the 2020 Presidential election.

Legislative Outcome:

Bill introduced Jan 11, 2021, with 217 co-sponsors; House rollcall vote #117 passed 232-197-4 on Jan. 13th (a YES vote in the House was to impeach President Trump for inciting insurrection); Senate rollcall vote #59 rejected 57-43-0 on Feb. 13th (2/3 required in Senate to pass; a YES vote in the Senate would have found President Trump guilty, but since he had already left office at that time, a guilty verdict would have barred Trump from running for President in the future)

No statehood for Washington D.C.

Legislative Summary: This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth, composed of most of the territory of the District of Columbia. The commonwealth shall be admitted to the Union on an equal footing with the other states. District territory excluded from the commonwealth shall be known as the Capital and shall be the seat of the federal government. The bill maintains the federal government's authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the 23rd Amendment to the Constitution [the current rule for D.C.].

WETM 18-Elmira analysis: The House of Representatives passed a bill that would make Washington D.C. into a state. While Democrats say it's time to make D.C. a state, Republicans say the motivation is purely political.

D.C. House Delegate Eleanor Holmes Norton (D) introduced this bill and says district residents deserve full representation in Congress. "D.C. residents are taxed without representation and cannot consent to the laws under which they as American citizens must live," Norton said.

While Democrats say this is about fairness, Republicans say this isn't about the people, it's about the politics. As a state, D.C. would likely add two new Democrats to the Senate.

"This is about a Democrat power grab," Congressman Fred Keller (R-Penn.) said. Keller and Congressman James Comer (R-Ky.) say Democrats are forcing this issue through for one reason. "HR 51 is not really about voting representation. It's about Democrats consolidating their power in Washington," Comer said.

Legislative Outcome: Passed House 216-208-6 on 4/22/21 (rollcall #132); introduced in Senate with 45 co-sponsors but no further Senate action during 2021.

Don't restrict presidential power; don't help whistleblowers.

H.R.5314, "Protecting Our Democracy Act," addresses issues involving

1. abuses of presidential power;
2. checks and balances, accountability, and transparency; and
3. election integrity and security.

• requires the President to submit to Congress specified materials relating to certain pardons,
• prohibits presidential self-pardons,
• suspends the statute of limitations for federal offenses committed by a sitting President or Vice President,
• prohibits the acceptance of foreign or domestic emoluments,
• imposes limits on presidential declarations of emergencies,
• requires DOJ to maintain a log of specified communications between it and the White House,
• increases whistleblower protections, and
• requires a candidate for President or Vice President to provide copies of tax returns for the 10 most recent taxable years.

Opinion by Rep. Brooks (R-AL-5) to vote NO, 12/9/21: Brooks voted "No" on H.R. 5314, a bill that perpetuates the now-debunked Russian Collusion claims that have resulted in indictments against the Democrat shills that fabricated it. Brooks said, "Trump Derangement Syndrome does not do justice to the word 'obsession'. HR 5314 is a list of grievances against President Trump that go back to 2016." Brooks concluded, "The American people would be better served if Socialist Democrats spent their time investigating Hunter Biden's shady art and influence-peddling deals that reek of corruption. The American people would be better served if the House considered border security legislation, welfare give-a-way program rollbacks, or bills aimed at addressing rising prices. Instead, we're wasting time on partisan, unnecessary legislation that's going nowhere in the Senate."

Legislative Outcome: Passed House 220-208-6 on 12/9/2021, Roll no. 440); introduced in Senate on 12/13/21; no further Senate action during 2021.

Unelected bureaucracy exists to serve the elected president.

In our system of government, power resides with the American people, who delegate executive power to the President through an election once every four years. Unelected officials and career bureaucrats assist in the execution of the laws. The unelected bureaucracy exists to serve the elected representatives of the American people. The Democrats' impeachment narrative flips our system on its head in service of their political ambitions.

The Democrats' impeachment inquiry, led by House Intelligence Committee Chairman Adam Schiff, is merely the outgrowth of their obsession with re-litigating the results of the 2016 presidential election. Despite their best efforts, the evidence gathered during the Democrats' partisan and one-sided impeachment inquiry does not support that President Trump pressured Ukraine to investigate his political rival to benefit the President in the 2020 presidential election. The evidence does not establish any impeachable offense.