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Howard Berman on Government Reform
Democratic Representative (CA-28)
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Voted YES on Senate pay raise.
Congressional Summary:Makes appropriations to the Senate for FY2010 for:- expense allowances;
- representation allowances for the Majority and Minority Leaders;
- salaries of specified officers, employees, and committees (including the Committee on Appropriations);
- agency contributions for employee benefits;
- inquiries and investigations;
- the Senate Caucus on International Narcotics Control;
- the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;
- miscellaneous items;
- the Senators' Official Personnel and Office Expense Account; and
- official mail costs.
Amends the Legislative Branch Appropriation Act of 1968 to increase by $50,000 the gross compensation paid all employees in the office of a Senator. Increases by $96,000 per year the aggregate amount authorized for the offices of the Majority and Minority Whip.Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of
Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.
Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.
Reference: Legislative Branch Appropriations Act;
Bill HR2918&S1294
; vote number 2009-H413
on Jun 19, 2009
Voted YES on protecting whistleblowers from employer recrimination.
Expands the types of whistleblower disclosures protected from personnel reprisals for federal employees, particularly on national security issues. Proponents support voting YES because:
This bill would strengthen one of our most important weapons against waste, fraud and abuse, and that is Federal whistleblower protections. Federal employees are on the inside and offer accountability. They can see where there is waste going on or if there is corruption going on.
One of the most important provisions protects national security whistleblowers. There are a lot of Federal officials who knew the intelligence on Iraq was wrong. But none of these officials could come forward. If they did, they could have been stripped of their security clearances, or they could have been fired. Nobody blew the whistle on the phony intelligence that got us into the Iraq war.
Opponents support voting NO because:
It is important that personnel within the intelligence community have
appropriate opportunities to bring matters to Congress so long as the mechanisms to do so safeguard highly sensitive classified information and programs. The bill before us suffers from a number of problems:
- The bill would conflict with the provisions of the existing Intelligence Community Whistleblower Protection Act of 1998, which protecting sensitive national security information from unauthorized disclosure to persons not entitled to receive it.
- The bill violates the rules of the House by encouraging intelligence community personnel to report highly sensitive intelligence matters to committees other than the Intelligence Committees. The real issue is one of protecting highly classified intelligence programs and ensuring that any oversight is conducted by Members with the appropriate experiences, expertise, and clearances.
- This bill would make every claim of a self-described whistleblower, whether meritorious or not, subject to extended and protracted litigation.
Reference: Whistleblower Protection Enhancement Act;
Bill H R 985
; vote number 2007-153
on Mar 14, 2007
Voted NO on requiring photo ID for voting in federal elections.
Requires that to vote in federal elections, an individual present a government-issued, current, and valid photo identification. After 2010, that ID must require providing proof of US citizenship as a condition for issuance. An individual who does not present such an ID is permitted to cast a provisional ballot, and then present the required ID within 48 hours. Exempts from this requirement the absentee ballot of any eligible overseas military voter on active duty overseas.Proponents support voting YES because:
The election system is the bedrock that our Republic is built on and its security and oversight is of paramount concern. Only US citizens have the right to vote in Federal elections, but our current system does not give State election officials the tools they need to ensure that this requirement is being met.
This bill is designed to increase participation by ensuring that each legitimate vote will be counted and not be diluted by fraud. There are many elections
in this country every cycle that are decided by just a handful of votes. How can we be certain that these elections, without measures to certify the identity of voters, are not being decided by fraudulent votes?
Opponents support voting NO because:
There is something we can all agree on: only Americans get to vote, and they only get to vote once. But what we are talking about in this bill is disenfranchising many of those Americans. It is already a felony for a non-American to vote. We had hearings and what we found out was that the issue of illegal aliens voting basically does not occur.
The impact of this will disproportionately affect poor people and African Americans, because many are too poor to have a car and they do not have a license. We have no evidence there is a problem. We have ample evidence that this will disenfranchise many Americans. This is the measure to disenfranchise African Americans, Native Americans. It is wrong and we will not stand for it.
Reference: Federal Election Integrity Act;
Bill H R 4844
; vote number 2006-459
on Sep 20, 2006
Voted NO on restricting independent grassroots political committees.
A "527 organization" is a political committee which spends money raised independently of any candidate's campaign committee, in support or opposition of a candidate or in support or opposition of an issue. Well-known examples include MoveOn.org (anti-Bush) and Swift Boat Veterans for Truth (anti-Kerry). Voting YES would regulate 527s as normal political committees, which would greatly restrict their funding, and hence would shift power to candidate committees and party committees. The bill's opponents say: This legislation singles out 527 organizations in an effort to undermine their fundraising and is a direct assault on free speech.This bill would obstruct the efforts of grassroots organizations while doing nothing to address the culture of corruption in Congress.H.R. 513 is an unbalanced measure that favors corporate trade associations over independent advocates. Corporate interests could continue spending unlimited and undisclosed dollars for political purposes while independent
organizations would be subject to contribution limits and source restrictions.H.R. 513 also removes all limits on national and state party spending for Congressional candidates in primary or general elections--an unmasked attack on the Bipartisan Campaign Reform Act and clear evidence that the true intention in advancing H.R. 513 is not reform, but partisan advantage in political fundraising.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.
Reference: Federal Election Campaign Act amendment "527 Reform Act";
Bill H.R.513
; vote number 2006-088
on Apr 5, 2006
Voted NO on prohibiting lawsuits about obesity against food providers.
The Personal Responsibility in Food Consumption Act ("The Cheesburger Bill") would prevent civil liability actions against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. A YES vote would: - 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
Reference: The Cheesburger Bill;
Bill HR 554
; vote number 2005-533
on Oct 19, 2005
Voted NO on limiting attorney's fees in class action lawsuits.
Class Action Fairness Act of 2005: Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Allows class members to refuse compliance with settlement agreements or consent decrees absent notice. Prohibits a Federal district court from approving: - a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate;
- 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
- a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
Reference: Bill sponsored by Sen. Chuck Grassley [R, IA];
Bill S.5
; vote number 2005-038
on Feb 17, 2005
Voted NO on restricting frivolous lawsuits.
Lawsuit Abuse Reduction Act of 2004: Amends the Federal Rules of Civil Procedure to: - require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, sanctions are discretionary);
- disallow the withdrawal or correction of pleadings to avoid sanctions;
- require courts to award parties prevailing on motions reasonable expenses and attorney's fees, if warranted;
- authorize courts to impose sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and
- make the discovery phase of litigation subject to sanctions.
Reference: Bill sponsored by Rep Lamar Smith [R, TX-21];
Bill H.R.4571
; vote number 2004-450
on Sep 14, 2004
Voted YES on campaign finance reform banning soft-money contributions.
Shays-Meehan Campaign Finance Overhaul: Vote to pass a bill that would ban soft money contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.
Reference: Bill sponsored by Shays, R-CT, and Meehan D-MA;
Bill HR 2356
; vote number 2002-34
on Feb 14, 2002
Voted NO on banning soft money donations to national political parties.
Support a ban on soft money donations to national political parties but allow up to $10,000 in soft-money donations to state and local parties for voter registration and get-out-the vote activity.
Bill HR 2356
; vote number 2001-228
on Jul 12, 2001
Voted YES on banning soft money and issue ads.
Campaign Finance Reform Act to ban "soft money" and impose restrictions on issue advocacy campaigning.
Reference: Bill sponsored by Shays, R-CT;
Bill HR 417
; vote number 1999-422
on Sep 14, 1999
Criminalize false or deceptive info about elections.
Berman co-sponsored criminalizing false or deceptive info about elections
OFFICIAL CONGRESSIONAL SUMMARY: Amends federal criminal law to prohibit any person from knowingly deceiving any other person regarding:
- the time, place, or manner of conducting any federal election; or
- the qualifications for or restrictions on voter eligibility for any such election.
Creates a private right of action for any person aggrieved by a violation of such prohibition. Prescribes a criminal penalty for such deceptive acts.SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: Voter participation is fundamental to our democracy, and we must do all we can to encourage those who can to vote. I also hope voters go to the polls with accurate information about what is on the ballot, where they are supposed to vote, and what our Nation's voting laws are.
It might surprise some of you to know, but even in this awesome age of technological advancement and easy access to information, there are folks who will stop at nothing to try to deceive people
and keep them away from the polls. These deceptive practices all too often target and exploit vulnerable populations, like minorities, the disabled, or the poor.
Deceptive practices often rely on a few tried and true tricks. Voters are often warned that an unpaid parking ticket will lead to their arrest or that folks with family members who have been convicted of a crime are ineligible to vote. Of course, these warnings have no basis in fact, and they are made with one goal and one goal only: to keep Americans away from the polls.
The bill I am introducing today provides the clear statutory language and authority needed to get allegations of deceptive practices investigated. It establishes harsh penalties for those found to have perpetrated them. Deceptive practices and voter intimidation are real problems and demand real solutions like those offered in my bill.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.
Source: Voter Intimidation Prevention Act (S.1975/H.R.4463) 05-S1975 on Nov 8, 2005
Establish the United States Public Service Academy.
Berman co-sponsored establishing the United States Public Service Academy
Introductory statement by Sponsor:
Sen. CLINTON: I rise today to introduce legislation that will create an undergraduate institution designed to cultivate a generation of young leaders dedicated to public service. The US Public Service Academy Act (The PSA Act) will form a national academy to serve as an extraordinary example of effective, national public education.
The tragic events of September 11 and the devastation of natural disasters such as Hurricanes Katrina and Rita underscore how much our Nation depends on strong public institutions and competent civilian leadership at all levels of society. Congress must take a step forward to ensure competent civilian leadership and improve our Nation's ability to respond to future emergencies and to confront daily challenges.
This legislation will create the US Public Service Academy to groom future public servants and build a corps of capable civilian leaders. Modeled after the military service academies, this academy
will provide a four-year, federally-subsidized college education for more than 5,000 students a year in exchange for a five year commitment to public service.
The PSA Act will meet critical national needs as the baby-boomer generation approaches retirement. Already, studies show looming shortages in the Federal civil service, public education, law enforcement, the non-profit sector and other essential areas.
Unfortunately our young people are priced out of public service careers all too often. By providing a service-oriented education at no cost to the student, the PSA Act will tap into the strong desire to serve that already exists among college students while erasing the burden of enormous college debt.
The establishment of a United States Public Service Academy is an innovative way to strengthen and protect America by creating a corps of well-trained, highly-qualified civilian leaders. I am hopeful that my Senate colleagues from both sides of the aisle will join me today.
Source: United States Public Service Academy Act (S.960 & HR.1671) 07-HR1671 on Mar 23, 2007
Member of House Judiciary Committee.
Berman is a member of the House Judiciary Committee
The U.S. House Committee on the Judiciary, known as the House Judiciary Committee, is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities. The Judiciary Committee is also the committee responsible for impeachments of federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required.
Source: U.S. House of Representatives website, www.house.gov 11-HC-Jud on Feb 3, 2011
Ban stock trading based on Congressional insider knowledge.
Berman co-sponsored STOCK Act
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.
Source: H1148/S1871 11-S1871 on Nov 15, 2011
Page last updated: Jun 10, 2012