Barbara Lee on Corporations Democratic Representative (CA-9)

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: