Barbara Lee on Corporations Democratic Representative (CA-9)

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

Supporting Knowledge and Investing in Lifelong Skills Act or SKILLS Act:
• Reauthorizes appropriations workforce investment systems for job training and employment services.
• Requires a plan describe:
  1. strategies and services to more fully engage employers and meet their needs, as well as those to assist at-risk youth and out-of-school youth in acquiring education, skills, credentials, and employment experience;
  2. how the state board will convene industry or sector partnerships that lead to collaborative planning;
  3. how the state will use technology to facilitate access to services in remote areas;
  4. state actions to foster partnerships with non-profit organizations that provide employment-related services; and
  5. the methodology for determining one-stop partner program contributions for the cost of the infrastructure of one-stop centers.
• Repeals title VI (Employment Opportunities for Individuals with Disabilities)

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.

Voted YES on letting shareholders vote on executive compensation.

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.

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

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.

Voted YES on allowing stockholder voting on 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.

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

Voted NO on Bankruptcy Overhaul requiring partial debt repayment.

Require Code of Conduct for US corporations abroad.

OFFICIAL CONGRESSIONAL SUMMARY: Requires any national of the United States that employs more than 20 persons in a foreign country, either directly or through subsidiaries or licensees, to take the necessary steps to implement a Corporate Code of Conduct with respect to the employment of those persons.

EXCERPTS OF CONGRESSIONAL FINDINGS:

The Congress finds the following:
1. On 1/31/1999, UN Secretary General Kofi Annan challenged world business leaders to 'embrace and enact' the Global Compact, an agreement that asks corporations to protect human rights, labor rights, and the environment.
2. In a recent poll, 88% of the respondents agreed that 'American companies that operate in other countries should be expected to abide by US environmental standards.'.
3. The European Parliament has passed a European Code of Conduct calling for European businesses to abide by European Union laws in operations outside of Europe.
4. The protests in 2000 against the WTO in Seattle, and the World Bank and IMF in Washington, D.C., demonstrate a growing constituency against the unregulated expansion of globalization.
5. Unfortunately, too many US businesses with operations abroad are notorious for their blatant disregard for the well being of the citizens of their host nations who are employees of the businesses.

CORPORATE CODE OF CONDUCT
1. Provide a safe and healthy workplace.
2. Ensure fair employment, including the prohibition of the use of child and forced labor, the prohibition of discrimination, the right to bargain collectively, and the payment of a living wage to all workers.
3. Prohibit mandatory overtime work by employees under the age of 18.
4. Prohibit the practice of pregnancy testing of employees.
5. Comply with minimum international human rights standards.

LEGISLATIVE OUTCOME:Referred to House Subcommittee on International Monetary Policy and Trade; never came to a vote.

Rated 17% by the US COC, indicating an anti-business voting record.

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."

Screen imports & ban lead in children's products.

A bill to reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of non-compliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes.

• Requires third party certification of, and provides for tracking and record keeping regarding, children's products.
• [Increase] reporting of substantial product hazards and corrective action plans.
• Requires certain manufacturers or distributors to post an escrow or proof of insurance to cover recalls.
• Allows enforcement by state attorneys general and provides public and private sector whistleblower protections.
• Bans children's products containing lead and lowers the allowable lead content in paint.
• Requires a study of preventable injuries and deaths of minority children related to consumer products.
• Requires a cost-benefit analysis under the Poison Prevention Packaging Act.
• Requires development of a risk assessment methodology regarding imports.
• Requires publication of a list of product defects that constitute a substantial product hazard.
• Conditions importation of a consumer product on the manufacturer's compliance with inspection and record keeping requirements.
• Requires a database on violations of consumer product safety rules to be used to determine whether a container being imported contains consumer products that are in violation of a consumer product safety standard and whether action should be taken under imported products provisions.

Expand lending caps for credit unions to small business.

Congressional Summary:

• Amends the Federal Credit Union Act to limit loans outstanding to either 1.75 times the net worth, or 12.25% of the total assets of the credit union.
• Authorizes insured credit unions to make business loans up to 27.5 % of the total assets of the credit union, if the credit union meets specified safety and soundness criteria.
• Directs the development of a tiered approval process, including lending standards, under which an insured credit union gradually increases the amount of member business lending in a manner that is consistent with safe and sound operations.

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.

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

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

Sponsored enforcing against corporate offshore tax haven banking.

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.

• treat foreign corporations controlled primarily in the US, as domestic corporations for tax purposes
• require tax withholding agents and financial institutions to report certain information about owners of foreign-owned financial accounts,
• treat swap payments sent offshore as taxable US source income,
• increase penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability
• prohibit tax advisor contingent fee agreements for obtaining a tax savings or benefit
• requires corporations registered with the SEC to report annually, on a country-by country basis, on employees, pre-tax gross revenues, and payments made to foreign governments
• authorizes a fine of up to $1 million for failure to disclose any holding or transaction involving a foreign entity that would otherwise be subject to disclosure requirements
• publishes a rule requiring investment advisors to establish anti-money laundering programs and submit suspicious activity reports
• Extends anti-money laundering requirements to persons engaged in the business of forming new businesses or other legal entities.

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."

Reform bankruptcy to protect jobs and retirement.

The Congress finds the following:
1. Business bankruptcies have increased sharply in recent years and remain at high levels. These bankruptcies include several of the largest business bankruptcy filings in history. As the use of bankruptcy has expanded, job preservation and retirement security are placed at greater risk.
2. Laws enacted to improve recoveries for employees and retirees and limit their losses in bankruptcy cases have not kept pace with the increasing and broader use of bankruptcy by businesses in all sectors of the economy. However, while protections for employees and retirees in bankruptcy cases have eroded, management compensation plans devised for those in charge of troubled businesses have become more prevalent and are escaping adequate scrutiny.
3. Changes in the law regarding these matters are urgently needed as bankruptcy is used to address increasingly more complex and diverse conditions affecting troubled businesses and industries.

Corporate political spending is not free speech.

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.

Deregulating banks encourages discriminatory practices.

Congressional Summary:

Economic Growth, Regulatory Relief, and Consumer Protection Act
• TITLE I--IMPROVING CONSUMER ACCESS TO MORTGAGE CREDIT: [for small banks,] requirements are waived if a loan is originated by and retained by the institution
• TITLE II--REGULATORY RELIEF AND PROTECTING CONSUMER ACCESS TO CREDIT: [deregulate] reciprocal deposits [if they] do not exceed 20% of its total liabilities.
• TITLE III--PROTECTIONS FOR VETERANS, CONSUMERS, AND HOMEOWNERS
• TITLE IV--TAILORING REGULATIONS FOR CERTAIN BANK HOLDING COMPANIES
• TITLE V--ENCOURAGING CAPITAL FORMATION
• TITLE VI--PROTECTIONS FOR STUDENT BORROWERS

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

Reducing tax rates balloons federal deficit & cuts programs.

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

For Corporations:
• Reduce the corporate tax rate to 21% from 35%.
• Overseas earnings would be taxed at 15.5% as opposed to the current 35%. This may seem like an enormous reduction, but current law only taxes overseas earnings if they are returned to the US; the 15.5% rate would apply regardless.

For Individuals:
• Lower the rate for the highest earners from 39.6% to 37%.
• Nearly double the standard deductions for individuals but repeal personal exemptions.
• The Affordable Care Act's individual mandate would be repealed.

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: