Archive for January, 2013

Filibuster Reform

Wednesday, January 30th, 2013 by Geoffrey Lyons

THE FILIBUSTER, long an emblem of the Senate and symbol of American political culture, is not dead. Though some in the majority wish it were. Last Thursday night, the Democratic leadership put forth with bipartisan support (i.e., with drastically reduced impact) their best efforts to vitiate the obstructive tactic, which over the course of two centuries has frustrated the prospects of countless bills.  Sadly, objections to the filibuster stemming from sheer annoyance at its efficacy rather miss the point. (Jefferson said, “we pour legislation into the senatorial saucer to cool it.”) And the supreme irony of last Thursday is that, despite all the noise and the final passage of new rules, the filibuster remains virtually unscathed.

So what was actually accomplished?  The Atlantic puts it in plain English. Formally, the new rules:

  1. Shorten debate following a cloture vote on the motion to proceed from 30 hours to four.
  2. Leave the ability to filibuster that cloture vote essentially intact.
  3. Allow the minority to offer two amendments on every bill.
  4. Shorten confirmation time for judicial nominees once cloture is invoked.

Informally (meaning no changes to the Senate rules):

  1. Senators will have to actually be on the floor to threaten a filibuster.
  2. Time allocated for debate will have to actually be spent on debate.

The question bears repeating: what was actually accomplished? Very little, says Martin Gold, Senate expert par excellence and Senior Counsel at Covington & Burling LLP:

The changes are not as extensive as some internal Senate and private sector reform advocates wanted. And they are more intrusive on minority rights than dissenters could tolerate. The new procedures respond to core complaints on both sides of the aisle. Democrats were irritated about the frequent use of filibusters on motions to proceed. Republicans protested against the preclusion of amendments.

Peter Weber of The Week puts it simply: These changes do not “end the current de facto 60-vote requirement for any bill to pass. That means it doesn’t, in fact, change the filibuster.”

And according to Jon Bernstein of the Washington Post, even if the new rules were more extensive, and did change the filibuster, Senators would still wield enormous power to slow a bill’s passage:

[T]here’s also another kind of obstruction, too. Even when there are 60 votes — sometimes, even when there are 70 or 80 or even more — individual senators and small groups of senators have had many tools to stall and delay. And because Senate floor time is scarce, those delays have raised the cost of bringing even overwhelmingly popular items to the floor.

So the Senate remains little changed from what it was a week ago, which counts as a victory for those who think it works rather well, thank you.  But one is guilty of political myopia if he believes these institutional battles are over, as Ezra Klein’s timeline suggests:

History of filibuster reform

1917: A 23-day filibuster against a proposal to arm merchant ships pushes President Woodrow Wilson over the edge. He calls a special session of the Senate and persuades the members to adopt a cloture rule that allows filibusters to be ended with the agreement of two-thirds of the Senate. Previously, there was no way to close debate. Now there is.

1949: The Senate decides that the cloture rule also applies to procedural motions, such as a motion to proceed. The point, again, was to ensure that there’s a way to end debate.

1959: The two-thirds threshold for invoking cloture is lowered from two-thirds of senators “duly chosen and sworn” to two-thirds of senators “present and voting.”

1974: The Congressional Budget Act fathered the budget reconciliation process, a vehicle through which a bill dealing exclusively with budgetary matters can be protected from a filibuster. Welfare reform, the George W. Bush tax cuts and the health-care law all were passed through this process.

1975: The post-Watergate Senate, disgusted by the way the filibuster was used to preserve segregation in the ’40s and ’50s and ’60s, again changes the threshold for cloture, taking it from two-thirds of senators present and voting to three-fifths of senators duly chosen and sworn.

Lobbying at a Glance

Wednesday, January 23rd, 2013 by Geoffrey Lyons

AFFORDABLE CARE ACT regulations that would require retail food sellers to label the calorie content in their food are rousing lobbyists from every corner: “Some pizza companies have demanded more flexibility, grocery and convenience stores insist they should be left out of it altogether and movie theaters really don’t want to shout out how many calories are in those buckets of popcorn.” – POLITICO

Ex-Senator Ben Nelson (D-Neb.) will become a lobbyist, the latest in a growing list of recently retired lawmakers migrating to K St.: “The former senator has been named CEO of the National Association of Insurance Commissioners (NAIC). He will be the group’s chief spokesman and primary advocate in Washington. NAIC is made up of state insurance regulators and helps coordinate their oversight across the country.” – The Hill

Ex-Senator Ben Nelson (D-Neb.) will become a lobbyist…again: “Like Democratic moderate Evan Bayh before him, Nelson is taking two K Street jobs. In addition to the NAIC, Nelson will be a ‘senior partner’ at public affairs firm Agenda.”  Tim Carney of the Washington Examiner adds: “Ben Nelson, as a Senator, provided crucial support for both [the Affordable Care Act and Dodd-Frank]….This is one reason moderates have the quickest track to K Street. Their economic vision is generally both pro-business and pro-government. Whatever effect this has on business and the economy, it makes lots of work for lobbyists.” – The Washington Examiner

Four years after his executive order banning lobbyist gifts to executive agency appointees and slowing the revolving door, the President’s “lobby posture” is attracting revivified scrutiny: “Most lobbyists have complained that Obama’s executive orders on the revolving door have kept out some of the savviest policy experts, who are registered lobbyists. Further, they say, by branding registered lobbyists, whose clients and fees are publicly disclosed, with what amounts to a scarlet letter “L,” Obama has increased the ranks of the unlobbyists, those who peddle influence but don’t register with Congress.” – Roll Call

Disclosure reports are in, revealing a lackluster year for lobby firms: “Few K Street firms were able to escape the downward pull, with even industry leaders Patton Boggs and Akin Gump Strauss Hauer & Feld reporting a drop in their lobbying revenue from 2011….Lobbyists across the board expressed high hopes for the year to come. A reelected and reinvigorated president and a Congress more willing to consider big legislative items should be the ticket to stronger growth, they said.” – The Hill

A $100 cap on lobbyist gifts in Georgia is stoking some interesting debate: “One argument supporting higher legislator pay ties into the gift issue: If lawmakers earned more, they “would be less likely to feel entitled to the free meals, booze, and tickets to concerts and football games” given by lobbyists.” – Smyrna-Vinings Patch

Federal Lobbying Disclosure Due

Friday, January 18th, 2013 by Geoffrey Lyons

LOBBYBLOG REMINDS YOU that two disclosure deadlines are approaching:

January 20 – LD-2
The once semi-annual, now quarterly report of lobbying income/expenditures is due for the fourth quarter of the LD-2 reporting calendar (see below). “Each registrant must file a quarterly report on Form LD-2 no later than 20 days (or on the first business day after such 20th day if the 20th day is not a business day) after the end of the quarterly period beginning on the first day of January, April, July and October of each year in which a registrant is registered.” (House Office of the Clerk). January 20th is in fact a Sunday, and the following Monday is a holiday, so make sure to get your LD-2 forms ready by Tuesday the 22nd.

Reporting Period    Filing Date
Jan 1 – March 31 April 20
April 1 – June 30 July 20
July 1 – Sept 30 Oct 20
Oct 1 – Dec 31 Jan 20

January 30 – LD-203
The semi-annual report is required of all lobbyists to certify ethics compliance and disclosure. “Form LD-203 is required to be filed semiannually by July 30th and January 30th (or next business day should either of those days fall on a weekend or holiday) covering the first and second calendar halves of the year. Registrants and active lobbyists (who are not terminated for all clients) must file separate reports which detail FECA contributions, honorary contributions, presidential library contributions, and payments for event costs.”  January 30th is a Wednesday.

For quick guidance on disclosure, visit lobbyingdisclosure.house.gov.  For a more substantive reference guide, consider The Lobbying Compliance Handbook

Two New Resources for Lobbyists

Tuesday, January 15th, 2013 by Geoffrey Lyons

The State Lobbying Compliance Handbook is available fore pre-order here.  The 113th Congressional Freshmen Report can be ordered as a full report or with select member profiles here.   

THIS BLOG HAS  no objection to self-promotion. But even if it did it would strain to suppress the announcement of Lobbyists.info’s two latest publications, The State Lobbying Compliance Handbook and The 113th Congressional Freshmen Report, both of which cast fresh light on areas hitherto very dim.

Take state lobbying. Until now, there have only been feeble attempts to conglomerate the disparate and contradictory elements of state lobby law. Yet the appetite for such a project has grown in recent years. Post-recession stimulus provoked a clamoring for clout in state legislatures and governors’ offices. Washington gridlock has driven many to look elsewhere.  State and local government affairs operations have sprung up to compete with their federal counterparts. Natural as these actions were, they each brought headaches – nobody knew what they were doing. There was no authority to declare that principals must register in California whereas across the border in Oregon and Nevada no such requirement exists. There was no treasury of paperwork from which lobbyists and practitioners could access any form requisite to compliance. There simply was no escape from the cumbersome research required to get things moving.

The State Lobbying Compliance Handbook, published by Columbia Books in collaboration with Holtzman Vogel Josefiak PLLC, is a deliverance from these woes. Due in March (and available for pre-order here), the book offers as its main feature concise summaries of each state’s lobbying regulations with up-to-date forms ready for submission. In just a few hundred pages, it slashes the countless opportunity costs that would otherwise be squandered on research, and extinguishes the potential risk of noncompliance.

Though very different, The 113th Congressional Freshmen Report has a similar function. Like the state handbook, it brings understanding where understanding is both anxiously wanted and hopelessly lacking. The freshman class of the 113th Congress is, to a large extent, unknown. Its members have no congressional track record, and many haven’t uttered a breath on policy positions important to lobbyists. Most significantly, this unfamiliar cohort comprises over a sixth of Congress.

Dr. Gary Feld, founder of PowerBase Associates, assigned his research staff the task of discovering more about these newcomers. After combing through thousands of media sources, filtering the results, and fitting them into a readable guide, the report was born.  Now being published by Columbia Books, its use will hopefully make the new Congress less of an enigma.

Senate Seniority by State Delegation

Thursday, January 10th, 2013 by Geoffrey Lyons

AN INTERESTING chart crafted by the University of Minnesota’s Humphrey School of Public Affairs ranks Senate state delegations by seniority.  “Interesting” because the order is susceptible to great flux.  Consider Massachusetts, which soon will plunge from 14th to 50th once Senator Kerry takes up the reins of the State Department.  Or Hawaii, which “in a matter of a few weeks…dropped from the longest-serving in the nation with over 72 years of experience between Inouye and Daniel Akaka all the way down to #50 – with just 18 days of collective Senate service as of Monday between newly-elected Mazie Hirono and the appointed Brian Schatz.”

Length of Service in the U.S. Senate by State Delegation

Rank
State
Senior
Days
Junior
Days
Total
Years
1
IA
Chuck Grassley
11,693
Tom Harkin
10,232
21,925
60.1
2
MI
Carl Levin
12,424
Debbie Stabenow
4,388
16,812
46.1
3
VT
Patrick Leahy
13,885
Bernie Sanders
2,197
16,082
44.1
4
AL
Richard Shelby
9,502
Jeff Sessions
5,849
15,351
42.1
5
CA
Dianne Feinstein
7,370
Barbara Boxer
7,310
14,680
40.2
6
MT
Max Baucus
12,443
Jon Tester
2,197
14,640
40.1
7
MS
Thad Cochran
12,431
Roger Wicker
1,835
14,266
39.1
8
UT
Orrin Hatch
13,154
Mike Lee
736
13,890
38.1
9
NJ
Frank Lautenberg
10,241
Bob Menendez
2,547
12,788
35.0
10
MD
Barbara Mikulski
9,502
Ben Cardin
2,197
11,699
32.1
11
WA
Patty Murray
7,310
Maria Cantwell
4,388
11,698
32.0
12
WV
Jay Rockefeller
10,220
Joe Manchin
785
11,005
30.2
13
KY
Mitch McConnell
10,232
Rand Paul
736
10,968
30.0
14
MA
John Kerry
10,232
Elizabeth Warren
5
10,237
28.0
15
NV
Harry Reid
9,502
Dean Heller
610
10,112
27.7
16
OK
Jim Inhofe
6,628
Tom Coburn
2,927
9,555
26.2
17
AZ
John McCain
9,502
Jeff Flake
5
9,507
26.0
18
LA
Mary Landrieu
5,849
David Vitter
2,927
8,776
24.0
18
SD
Tim Johnson
5,849
John Thune
2,927
8,776
24.0
20
RI
Jack Reed
5,849
Sheldon Whitehouse
2,197
8,046
22.0
21
WY
Mike Enzi
5,849
John Barrasso
2,024
7,873
21.6
22
OR
Ron Wyden
6,181
Jeff Merkley
1,466
7,647
21.0
23
IL
Dick Durbin
5,849
Mark Kirk
771
6,620
18.1
24
GA
Saxby Chambliss
3,658
Johnny Isakson
2,927
6,585
18.0
24
ID
Mike Crapo
5,119
Jim Risch
1,466
6,585
18.0
24
KS
Pat Roberts
5,849
Jerry Moran
736
6,585
18.0
27
NY
Chuck Schumer
5,119
Kirsten Gillibrand
1,442
6,561
18.0
28
TN
Lamar Alexander
3,658
Bob Corker
2,197
5,855
16.0
29
ME
Susan Collins
5,849
Angus King
5
5,854
16.0
30
DE
Tom Carper
4,388
Chris Coons
785
5,173
14.2
31
AK
Lisa Murkowski
3,672
Mark Begich
1,466
5,138
14.1
32
FL
Bill Nelson
4,388
Marco Rubio
736
5,124
14.0
33
AR
Mark Pryor
3,658
John Boozman
736
4,394
12.0
34
IN
Dan Coats
4,388
Joe Donnelly
5
4,393
12.0
34
NC
Richard Burr
2,927
Kay Hagan
1,466
4,393
12.0
36
TX
John Cornyn
3,691
Ted Cruz
5
3,696
10.1
37
SC
Lindsey Graham
3,658
Tim Scott
6
3,664
10.0
38
MN
Amy Klobuchar
2,197
Al Franken
1,281
3,478
9.5
39
MO
Claire McCaskill
2,197
Roy Blunt
736
2,933
8.0
39
OH
Sherrod Brown
2,197
Rob Portman
736
2,933
8.0
39
PA
Bob Casey
2,197
Pat Toomey
736
2,933
8.0
42
CO
Mark Udall
1,466
Michael Bennet
1,448
2,914
8.0
43
NH
Jeanne Shaheen
1,466
Kelly Ayotte
736
2,202
6.0
44
NE
Mike Johanns
1,466
Deb Fischer
5
1,471
4.0
44
NM
Tom Udall
1,466
Martin Heinrich
5
1,471
4.0
44
VA
Mark Warner
1,466
Tim Kaine
5
1,471
4.0
47
ND
John Hoeven
736
Heidi Heitkamp
5
741
2.0
47
WI
Ron Johnson
736
Tammy Baldwin
5
741
2.0
49
CT
Richard Blumenthal
734
Chris Murphy
5
739
2.0
50
HI
Brian Schatz
13
Mazie Hirono
5
18
0.0

 

 

Lobbying at a Glance

Tuesday, January 8th, 2013 by Geoffrey Lyons

FRANK FAHRENKOPF, former chairman of the RNC from ’83-’89, is stepping down as head of the American Gaming Association (AGA). The AGA spent $4.2 million on lobbying in 2011-2012 (Center for Reponsive Politics). “Competition for the prestigious AGA job is likely to be intense. Fahrenkopf earned more than $1.9 million in compensation in 2010, according to the AGA’s tax form for that year, making it one of the highest-paying lobby jobs in Washington.” – The Hill

Former Rep. Steve LaTourette (R-Ohio), who served in Congress from ’95-’03, announced that he will become a lobbyist: “LaTourette and his wife will open a Washington, D.C.-based government affairs subsidiary of McDonald Hopkins LLC, a large Cleveland, Ohio law firm. Jennifer LaTourette, a lobbyist with Van Scoyoc and Associates who has represented the Airports Council International, will join him in the new office overlooking Capitol Hill, according to a press release.” – Roll Call

Sandy Hook has apparently elicited a tectonic shift in the advocacy community: “The classic lobbying nemeses over gun laws have been the National Rifle Association and the Washington gun control group, the Brady Campaign to Prevent Gun Violence. But the Newtown tragedy is prompting some locally based advocacy groups that have previously been silent on gun control to consider stepping in.” – The Washington Post

In the same vein, former Rep. Gabby Giffords (D-Ariz.) and her husband, Mark Kelly, launched an online anti-gun violence campaign called Americans for Responsible Solutions: “The website launch is accompanied by an op-ed in USA Today, coming on the two-year anniversary of the shooting attack that killed six and wounded another 12 people on Jan. 8, 2011″ – Politico

According to new research, lobbyists should think twice about boosting their ego: “A growing body of research, including new studies by Berkeley’s Juliana Breines and Serena Chen, suggest that self-compassion, rather than self-esteem, may be the key to unlocking your true potential for greatness.” – Harvard Business Review

 

David Rehr: 6 Tips to Strengthen Your Reputation

Thursday, January 3rd, 2013 by Geoffrey Lyons

David Rehr is author of The Congressional Communications Report and has been listed as one of the nation’s top lobbyists.  He is an adjunct professor at the Graduate School of Political Management (GSPM) at The George Washington University.  David can be contacted  at davidrehr@gwu.edu. 

SO YOU’RE A lobbyist.  You spend your days putting your clients in a positive light. You help build their brands, communicate their value, and monitor their social media. But how much attention do you pay to your own reputation?  What are you doing to enhance it?  Have you looked at how people perceive you beyond setting up a “Google Alert”?

In any industry, personal reputation matters. As technology and instantaneous communication permeate the globe, potential clients have more and more options from which to choose. Hiring decisions are frequently turning on subjective judgments about character and values. Research is also showing that clients don’t just hire companies – they hire the individuals who work for companies.

Though reputation is tough to define, we know it when we see it. Words like “honesty” and “integrity,” “character” and “success” come to mind. And however tricky it is to articulate, the concept derives ultimately from the ability to deliver meaningful results.

With that in mind, here are five tips for lobbyists who wish to build their reputation:

1. Google your name regularly

Sounds obvious, but how many people actually do it? We all should. A September 2012 Harris Interactive study for BrandYourself found that 86% of adults use a search engine to look up information about another individual, and 42% search an individual’s name before doing business with him.  Of this latter portion, 45% (!) found something that resulted in a decision not do business with the individual.

2. During the coming year, repeatedly ask your inner circle of confidants to honesty describe you reputation

Reputation is not stagnant – it ebbs and flows.  To track shifts, we need to hear the truth about our reputation from the people we deal with on a regular basis. Getting external feedback is especially important, since we often view ourselves as different than we really are. Our best confidants come from our profession. Choose colleagues who themselves have great reputations. Be sure they hold positions equivalent or more senior to yours. Keep the group small but not too small: five or six people, both men and women, should do.

3. Determine centers of influence revolving around your social media

Unfortunately, there are no universally accepted tools to measure reputation online. Still, the old adage, “you are judged by the company you keep” applies in the digital world. Don’t accept everyone who asks to be your friend.  You be selective and discreet. Build an audience of people who will have a positive effect on your reputation or who you want to emulate. Avoid carelessly building your list of contacts.

4. Commit to three specific actions to build your reputation

Whether it’s three or ten, choose specific actions that can make your reputation better and stronger: produce a “white paper” on a timely industry issue; appear in the media with valuable tips for struggling companies or individuals; write a column helping a non-profit gain support or visibility.

5. Ask someone to hold you accountable

Lobbying is about results. So is building a great reputation. Share with a colleague or friend your reputation plan for 2013. Ask them to hold you accountable to your actions.  The person will probably be delighted to help you, and it might help them focus on building their reputation as well. Positive reminders and assessments of activities gives those asking for accountability an extra dose of “can do” encouragement, even after a long day of public relations efforts for others.

6. Don’t ask a member of your immediate family to assess or build your reputation

Family members can’t be objective. They know you too well and often have specific goals for you that differ radically from your dreams. Accepting or hearing unsolicited advice could confuse or adversely affect your perception of yourself and your reputation. My late mother who loved me very much could never understand why I wanted to advocate before the U.S. Congress. She put lobbyists right behind used car dealers (and slightly above politicians). So with her, I purposely stayed away from conversations about my work and the reputation I was building.  Bottom line: keep the family out of determining what your reputation is or can become.