Tom McClintock on Government Reform
2004 former Republican Challenger CA Governor
Duplicative bureaucracies must be weeded out
I’ve introduced a Bureaucracy Reduction and Closure Commission, so that we can begin weeding out these duplicative bureaucracies and provide that businesses don’t have to needlessly respond to multiple agencies every time they want to do something.
Source: Recall Debate, Cal. State Univ. at Sacramento
, Sep 24, 2003
Tort reform: no punitive damages except in criminal cases
[Regarding] litigation, we have got to overhaul the tort system in this state, one of the major initiatives that I will be introducing will be a general measure to restore our civil courts to the simple process of compensating victims of
torts and move all of the punitive damages into the criminal courts where they belong, or at least apply a criminal justice standard order to them.
Source: Recall Debate, Cal. State Univ. at Sacramento
, Sep 24, 2003
Local governments need to have more authority
Senator Wilson raided the local property tax funds, I was one of the very few members of the state legislature who stood up and tried to stop him. This is a cause near and dear to my heart.
It seems to me that the biggest problem that we’ve had with local government is this blurring of revenues and authority. Sacramento has not only raided their money. It’s also usurped their authority.
The state worked a lot better when local governments could use local revenues and apply those for local purposes. They’ve got to have a dedicated stream of revenues restored to them, and then they’ve got to have the full authority restored to them
to use those revenues as they best see fit. Mandated state costs on local governments have got to stop. If the state government wants to mandate programs for local governments, the state government can bloody well pay for them.
Source: Recall Debate, Cal. State Univ. at Sacramento
, Sep 24, 2003
Privatize services & replace state job with private jobs
Q: When you say that you would give Californians the option to find services elsewhere, you are talking about privatizing some government services?
McCLINTOCK: Right. Contracting out services, that the private sector can provide more efficiently, cheaply than the state’s bureaucracy.
Q: Does that mean laying off state workers?
McCLINTOCK: Yes, it does. We’ve added 44,000 new state workers to the public state personnel roles in the last four years. We cannot sustain those kinds of expenses.
We have now a record level of state public employment at the same time we’ve lost nearly a third of a million private sector jobs in 2.5 years. The public sector cannot continue to grow at the expense of the private sector.
Source: Recall debate in Walnut Creek
, Sep 3, 2003
If rights come from man, then they may be revoked
If the source of our fundamental rights is not God, then the source becomes man - or more precisely, a government of men. And rights that can be extended by government may also be withdrawn by government.
Source: State Senate website, www.sen.ca.gov, “Issues Directory”
, Jul 3, 2002
Voted NO on Senate pay raise.
Makes appropriations to the Senate for FY2010 for: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.
- 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.
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;
; vote number 2009-H413
on Jun 19, 2009
Require Internet disclosure of all earmarks.
McClintock signed H.R.5258& S.3335
- Establishes a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items (congressional earmarks).
- Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide the initial information regarding that request that is required to be placed on the website.
- Makes it out of order to consider any legislation unless it meets the requirements of this Act.
The website shall be comprised of a database including the following information, in searchable format, for each earmark:
Source: Earmark Transparency Act 10-HR5258 on May 11, 2010
- The fiscal year in which the item would be funded.
- The number of the bill or joint resolution for which the request is made, if available.
- The amount of the initial request made by the Member of Congress.
- The amount approved by the committee of jurisdiction.
The amount carried in the bill or joint resolution (or accompanying report) as passed.
- The name of the department or agency, and the account or program, through which the item will be funded.
- The name and the State or district of the Member of Congress who made the request.
- The name and address of the intended recipient.
- The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient.
- The project name, description, and estimated completion date.
- A justification of the benefit to taxpayers.
- Whether the request is for a continuing project and if so, when funds were first appropriated for such project.
- A description, if applicable, of all non-Federal sources of funding.
- Its current status in the legislative process
Require Congressional certification of president's "Czars".
McClintock co-sponsored Sunset All Czars Act
CONCURRENT RESOLUTION To define advisors often characterized as Czars and to provide that appropriated funds may not be used to pay for any salaries and expenses associated with such advisors.
- Whereas Congress recognizes the importance of coordinating executive agencies, and recognizes that Presidents often appoint special assistants, commonly referred to as 'czars', to manage this coordination with regard to important areas of national policy, and to advise the President;
- Whereas at least 36 czars have been appointed in 2009, raising concerns about the Federal government's provision of adequate transparency and accountability to the public; and
- Whereas members of Congress are concerned that the appointment of these czars and their actions may subvert the legislative and oversight authority of Congress under article I of the Constitution:
- Now, therefore, be it Resolved, That it is the sense of Congress that the
- issue a report to Congress clearly outlining the responsibilities, qualifications, and authorities of the special assistants to the President, commonly referred to as 'czars', that he has appointed; and
- certify to Congress that such czars have not asserted and will not in the future assert any powers other than those granted by statute to a commissioned officer on the President's staff; and
- Congress should hold hearings on such report and such certification within 30 days after the date of their receipt.
- [HR59 adds the additional stricter clause]: Appropriated funds may not be used to pay for any salaries or expenses of any task force, council, policy office within the Executive Office of the President, or similar office that is established by the direction of the President; and the head of which is a Czar.
Source: HCR3&HR59 11-HR059 on Jan 5, 2011
No recess appointments without Congressional approval.
McClintock co-sponsored Resolution against Presidential appointments
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.
Source: H.RES.509 12-HR509 on Jan 10, 2012
Prohibit IRS audits targeting Tea Party political groups.
McClintock co-sponsored Stop Targeting of Political Beliefs by the IRS Act
Congressional summary:: Stop Targeting of Political Beliefs by the IRS Act: Requires the Internal Revenue Service (IRS) standards and definitions in effect on January 1, 2010, for determining whether an organization qualifies for tax-exempt status as an organization operated exclusively for social welfare to apply to such determinations after enactment of this Act. Prohibits any regulation, or other ruling, not limited to a particular taxpayer relating to such standards and definitions.
Proponent's argument in favor (Heritage Action, Feb. 26, 2014): H.R. 3865 comes in the wake of an attack on the Tea Party and other conservative organizations. The current IRS regulation is so broad and ill-defined that the IRS applies a "facts and circumstances" test to determine what constitutes "political activity" by an organization. This test can vary greatly depending on the subjective views of the particular IRS bureaucrat applying the test.
IRS employees took advantage of this vague and subjective standard to unfairly delay granting tax-exempt status to Tea Party organizations and subject them to unreasonable scrutiny.
Text of sample IRS letter to Tea Party organizations:We need more information before we can complete our consideration of your application for exemption. Please provide the information requested on the enclosed Information Request by the response due date. Your response must be signed by an authorized person or officer whose name is listed on your application.
Source: H.R.3865 & S.2011 14-H3865 on Jan 14, 2014
- Have you conducted or will you conduct candidate forums or other events at which candidates running for public offices are invited to speak?
- Have you attempted or will you attempt to influence the outcome of specific legislation?
- Do you directly or indirectly communicate with members of legislative bodies?
- Do you have a close relationship with any candidate for public office or political party?
No holiday on election day; no same-day registration.
McClintock voted NAY For the People Act of 2019
- 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
Source: Supreme Court case 19-S949 argued on Jan 3, 2019
Page last updated: Jun 18, 2020