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Jimmy Duncan on Government Reform
Republican Representative (TN-2)
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Voted NO 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 requiring lobbyist disclosure of bundled donations.
Amends the Lobbying Disclosure Act of 1995 to require a registered lobbyist who bundles contributions totaling over $5,000 to one covered recipient in one quarter to:- file a quarterly report with Congress; and
- notify the recipient.
"Covered recipient" includes federal candidates, political party committees, or leadership PACs [but not regular PACs]. Proponents support voting YES because:
This measure will more effectively regulate, but does not ban, the practice of registered lobbyists bundling together large numbers of campaign contributions. This is a practice that has already taken root in Presidential campaigns. "Bundling" contributions which the lobbyist physically receives and forwards to the candidate, or which are credited to the lobbyist through a specific tracking system put in place by the candidate. This bill requires quarterly reporting on bundled contributions.
We ultimately need to move to assist the public financing of campaigns, as soon
as we can. But until we do, the legislation today represents an extremely important step forward.
Opponents support voting NO because:
This legislation does not require that bundled contributions to political action committees, often referred to as PACs, be disclosed. Why are PACs omitted from the disclosure requirements in this legislation?
If we are requiring the disclosure of bundled contributions to political party committees, those same disclosure rules should also apply to contributions to PACs. Party committees represent all members of that party affiliation. PACs, on the other hand, represent more narrow, special interests. Why should the former be exposed to more sunshine, but not the latter?
The fact that PACs give more money to Democrats is not the only answer. Time and again the majority party picks favorites, when what the American people want is more honesty and more accountability.
Reference: Honest Leadership and Open Government Act;
Bill H R 2316
; vote number 2007-423
on May 24, 2007
Voted NO on granting Washington DC an Electoral vote & vote in Congress.
Bill to provide for the treatment of the District of Columbia as a Congressional district for representation in the House of Representatives, and in the Electoral College. Increases membership of the House from 435 to 437 Members beginning with the 110th Congress. [Political note: D.C. currently has a non-voting delegate to the US House. Residents of D.C. overwhelmingly vote Democratic, so the result of this bill would be an additional Democratic vote in the House and for President]. Proponents support voting YES because:
This bill corrects a 200-year-old oversight by restoring to the citizens of the District of Columbia the right to elect a Member of the House of Representatives who has the same voting rights as all other Members.
Residents of D.C. serve in the military. They pay Federal taxes each year. Yet they are denied the basic right of full representation in the House of Representatives.
The District of Columbia was created to prevent any State from unduly influencing the operations of the Federal Government. However, there is simply no evidence that the Framers of the Constitution thought it was necessary to keep D.C. residents from being represented in the House by a voting Member.
Opponents support voting NO because:
The proponents of this bill in 1978 believed that the way to allow D.C. representation was to ratify a constitutional amendment. The Founders of the country had the debate at that time: Should we give D.C. a Representative? They said no. So if you want to fix it, you do it by making a constitutional amendment.
Alternatively, we simply could have solved the D.C. representation problem by retroceding, by giving back part of D.C. to Maryland. There is precedent for this. In 1846, Congress took that perfectly legal step of returning present-day Arlington to the State of Virginia.
Reference: District of Columbia House Voting Rights Act;
Bill H R 1905
; vote number 2007-231
on Apr 19, 2007
Voted NO 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 YES 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 YES 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 YES 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 YES 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 YES 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 NO 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 YES 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
Limit federal power, per the 10th Amendment.
Duncan adopted the Republican Liberty Caucus Position Statement:
As adopted by the General Membership of the Republican Liberty Caucus at its Biannual Meeting held December 8, 2000. - WHEREAS libertarian Republicans believe in limited government, individual freedom and personal responsibility;
- WHEREAS we believe that government has no money nor power not derived from the consent of the people;
- WHEREAS we believe that people have the right to keep the fruits of their labor; and
- WHEREAS we believe in upholding the US Constitution as the supreme law of the land;
BE IT RESOLVED that the Republican Liberty Caucus endorses the following [among its] principles:- The power of the federal government should be limited, as per the tenth amendment to the US Constitution.
- The US Department of Commerce should be abolished, per the tenth amendment of the US Constitution.
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The National Endowment for the Arts should be abolished, per the tenth amendment of the US Constitution.
- The National Endowment for the Humanities should be abolished, per the tenth amendment of the US Constitution.
- The US Department of Housing and Urban Development should be abolished, per the tenth amendment of the US Constitution.
- Subsidies to agricultural and other businesses should be eliminated.
- Corporate taxes should be eliminated simultaneously and proportionally with the elimination of subsidies to businesses.
- Recommendations by the Grace Commission and the Council for Citizens Against Government Waste (CCAGW) should be reviewed and implemented, where possible, beginning immediately.
- Privatization of government assets, management and services should be implemented for cost-effectiveness wherever applicable.
Source: Republican Liberty Caucus Position Statement 00-RLC1 on Dec 8, 2000
Unlimited campaign contributions; with full disclosure.
Duncan adopted the Republican Liberty Caucus Position Statement:
The Republican Liberty Caucus endorses the following [among its] principles:- Election campaigns should not be subsidized by tax payers.
- No individual should be compelled to support a political candidate he or she does not support. Government should not empower trade unions to collect funds from their members for use as political contributions without their members’ expressed consent.
- All limits on campaign contributions should be eliminated.
- There should be full and timely public disclosure of all the sources and amounts of all campaign contributions upon their receipt.
Source: Republican Liberty Caucus Position Statement 00-RLC7 on Dec 8, 2000
No recess appointments without Congressional approval.
Duncan 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:
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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
Limit punitive damages; term limits on Congress.
Duncan signed the Contract with America:
[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.
Source: Contract with America 93-CWA11 on Sep 27, 1994
Government is too big, too intrusive, too easy with money.
Duncan signed the Contract with America:
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:
- Require all laws that apply to the rest of the country also apply equally to the Congress;
- Select a major independent auditing firm to conduct a comprehensive audit of Congress for waste, fraud, and abuse;
- Cut the number of House committees, and cut committee staff by one-third;
- Limit the terms of all committee chairs;
- Ban the casting of proxy votes in committee;
- Require committee meetings to be open to the public;
- Require a three-fifths majority vote to pass a tax increase
- Guarantee an honest accounting of our federal budget by implementing zero baseline budgeting.
Source: Contract with America 93-CWA2 on Sep 27, 1994
Page last updated: Feb 03, 2017